Overview
In This Section |
This section contains the following topics:
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1. Effective Dates of Payment
Introduction |
This topic contains general information on the effective dates of payment of awards based on school attendance, including
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Change Date |
April 11, 2018
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III.iii.6.B.1.a.Effective Date of Payment If a Child Was Attending School on His/Her 18thBirthday |
Entitlement to compensation or pension based on a child’s school attendance is effective on the date of the child’s 18th birthday if
If addition of a school child to a compensation or pension award results in an increased rate of payment, 38 CFR 3.31 prohibits payment of the higher rate prior to the first of the month following the child’s 18th birthday.
Under these circumstances
Note: Continue to include payments of compensation or pension based on school attendance in the award to the Veteran or surviving spouse having actual or constructive custody of the child, even though the child has reached the age of majority, unless direct payment of benefits to the child is warranted under M21-1, Part III, Subpart iii, 6.B.7.
References: For more information on
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III.iii.6.B.1.b.Effective Date of Payment If a Child Was Not Attending School on His/Her 18th Birthday |
If VA receives a claim for additional benefits based on school attendance within one year of a child’s 18th birthday, but the child was not attending school on his/her birthday, pay the additional benefits effective the first day of the month following the month in which school attendance began.
Exception: Follow the instructions in M21-1, Part III, Subpart iii, 6.B.1.a if the child
Note: The instructions in this block are based on an assumption that 38 CFR 3.31prohibits the payment of benefits from the date of entitlement.
Reference: For more information on the payment of benefits based on schoolattendance, see 38 CFR 3.667.
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III.iii.6.B.1.c.Effective Date of Payment If VA Receives a Claim One Year or More After a Child Turns 18 |
If VA receives a claim for additional benefits based on school attendance one year or more after a child turns 18, pay the additional benefits effective the first day of the month following the month school attendance began, as long as
Example:
Scenario: A Veteran first files a claim for benefits based on school attendance when his daughter is 20 years old. The Veteran files the claim on October 12, 2011, and concurrently submits VA Form 21-674, Request for Approval of School Attendance, showing school attendance during the following periods:
Analysis:
Notes:
Exception: M21-1, Part III, Subpart iii, 6.B.1.d, describes an exception to the policy discussed in this block.
Reference: For more information on the payment of benefits based on school attendance, see 38 CFR 3.667.
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III.iii.6.B.1.d. Exception to the Policy Expressed in M21-1, Part III, Subpart iii, 6.B.1.c |
It is acceptable to pay additional benefits for a school child effective the first day of the month following the month school attendance began – even though VA received the claim for additional benefits one year or more after school attendance began – under the following circumstance:
Example: The effective date of an award of additional benefits for a school child would be October 1, 2013, in the scenario described below:
Important: If the school child referenced in this block was attending school as of the effective date of the new disability rating, the Veteran would be entitled to additional benefits for the school child effective the date of the new disability rating.
Example: The effective date of an award of additional benefits for a school child would be May 1, 2012, in the scenario described below:
Reference: For an explanation of the difference between the effective day of entitlement and the effective date of an award of benefits, see M21-1, Part III, Subpart v, 2.A.2.b.
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III.iii.6.B.1.e.Effective Date of Payment of DIC to a School Child |
A child is independently entitled to DIC if he/she is
Important: M21-1, Part III, Subpart iii, 6.B.2 describes exceptions to the general prohibition of concurrent payment of DIC and education benefits.
Use the table below to determine the proper effective date for payment of DIC to a child who turns age 18 while attending school.
References: For more information on
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III.iii.6.B.1.f.Processing Awards Based on School Attendance |
To add a dependent as a school child, enter the following on the DEPENDENCY DECISION screen:
Reference: For more information about processing awards in the
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III.iii.6.B.1.g.Discontinuing Benefits That Are Based on School Attendance |
Any award of benefits based on school attendance will have an end date that corresponds with the date the school child stopped or plans to stop attending school. Accordingly, discontinue benefits that are based on school attendance effective the earlier of the following dates:
When adjusting benefits, enter the following on the DEPENDENCY DECISION screen:
References:
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2. Concurrent Payment of Education Benefits and Disability or Survivors Benefits
Introduction |
This topic contains information about concurrent payment of education benefits and disability or survivors benefits, including
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Change Date |
December 19, 2018
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III.iii.6.B.2.a.Prohibition of Concurrent Payment of DEA and Disability or Survivors Benefits |
Concurrent payment of DEA and disability benefits (compensation or pension) or survivors benefits (death compensation, survivors pension, or DIC) is prohibitedunless the education benefit is for a
References: For more information on
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III.iii.6.B.2.b. History of Education Benefits for Dependents Under 38 U.S.C. Chapter 33 |
Public Law (PL) 110-252 provided a transferability option under the Post-9/11 GI Bill (38 U.S.C. 3319) that allows service members to transfer all or some of their unused education benefits to their spouse or child(ren). PL 111-377 extended that same option to members of the Commissioned Corps of the Public Health Service and National Oceanic and Atmospheric Administration.
The Department of Defense (DoD) determines whether or not benefits may be transferred. Once DoD approves a transfer, dependents must apply for the benefit through VA.
PL 111-32 amended the Post-9/11 GI Bill to allow education benefits (under 38 U.S.C. 3311) for the children of service members who die in the line of duty after September 10, 2001, under the Fry Scholarship.
Spouses became eligible for education benefits under the Fry Scholarship (38 U.S.C. 3311) beginning January 1, 2015.
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III.iii.6.B.2.c. Concurrent Payment of Disability or Survivors Benefits and Education Benefits Under 38 U.S.C. Chapter 33 |
Use the information in the table below to determine whether the concurrent payment of disability or survivors benefits and education benefits under 38 U.S.C. Chapter 33 is allowed or prohibited.
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III.iii.6.B.2.d. Benefit Adjustments Before and After a Child Turns 18 |
Do not adjust an award of disability or survivors benefits because of concurrent receipt of DEA or education benefits under the Fry Scholarship (38 U.S.C. 3311)
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III.iii.6.B.2.e.Children With More Than One Veteran-Parent |
VA may not concurrently pay DEA or education benefits under the Fry Scholarship (38 U.S.C. 3311) to a child, based on the service of one Veteran-parent, and death compensation, survivors pension, or DIC, based on the service of another Veteran-parent, unless
Example: A child has two Veteran-parents in the same parental line if the child has a
References: For more information on
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3. Adjustment of Disability and Survivors Benefits Based on a Child’s Receipt of Education Benefits
Introduction |
This topic contains information about the adjustment of disability and survivors benefits based on a child’s receipt of education benefits, including
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Change Date |
May 10, 2019
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III.iii.6.B.3.a. RPO Notification of ROs Concerning Initial Awards of Education Benefits |
When a regional processing office (RPO) processes an initial award of DEA or education benefits under the Fry Scholarship (38 U.S.C. 3311) to a child, it notifies the regional office (RO) with permanent jurisdiction over the corresponding claims folder by sending an e-mail to the RO’s Chapter 35 (CH 35) mailbox. The RO must then determine whether a corresponding adjustment to disability or survivors benefits is necessary.
The table below contains instructions for handling e-mails from RPOs that notify an RO of an initial award of education benefits to a child.
Reference: For information on the alignment of ROs and RPOs, see M21-1, Part IX, Subpart ii, 2.11.a.
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III.iii.6.B.3.b.Instructions for Adjusting Disability or Survivors Benefits |
If concurrent payment of education benefits and disability or survivors benefits is prohibited under M21-1, Part III, Subpart iii, 6.B.2, determine whether the disability or survivors benefit may be adjusted without giving notice of proposed adverse action.
If the child is
Notes:
References: For more information on
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III.iii.6.B.3.c.Overpayments Created When an Award Is Adjusted to Reflect a Child’s Election of Education Benefits |
Any overlap in the payment of education benefits and disability or survivors benefits
If, prior to the award of education benefits, VA had been paying benefits
Reference: For more information on handling an overpayment resulting from the concurrent payment of DEA and disability or survivors benefits, see VBA Letter 20-01-13, DEA (Dependents’ Educational Assistance) Claims – Chapter 35.
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4. Miscellaneous Award Actions Involving School Attendance
Introduction |
This topic contains information on miscellaneous award actions involving school attendance, including
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Change Date |
September 6, 2018
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III.iii.6.B.4.a.Transfers to a Different School |
Follow the steps in the table below upon receipt of notice that a school child has transferred to a different school.
Notes:
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III.iii.6.B.4.b.Changes in a School Child’s Course of Instruction |
Do not request completion of VA Form 21-674 if a school child changes his/her course of instruction but remains at the same approved educational institution.
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III.iii.6.B.4.c.Early Termination of School Attendance |
Use the table below to determine the action to take if a child stops attending school from a date earlier than the beneficiary originally reported.
Notes:
Reference: For more information on the specific requirements for notices of proposed adverse action, see M21-1, Part I, 2.B.
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III.iii.6.B.4.d.Death or Marriage of a School Child |
If a school child on a Veteran’s or surviving spouse’s award dies or marries, follow the instructions in M21-1, Part III, Subpart iii, 5.L.4.h.
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III.iii.6.B.4.e.School Children That VA Determines Are Permanently Incapable of Self-Support |
If VA’s rating activity determines a school child is permanently incapable of self-support, change the status of the child by entering the following on the DEPENDENCY DECISION screen:
The effective date of the change in status is the earlier of the following dates:
References: For information on
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III.iii.6.B.4.f. DIC Awards Based on School Attendance or Permanent Incapacity for Self-Support |
Make payments of DIC under a separate award for a child who is over age 18 and
Notes:
References: For information on
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5. Handling Notice of an Intent to Begin or Continue School Attendance at a Future Date
Introduction |
This topic contains information about the process for handling notice of an intent to begin or continue school attendance at a future date, including
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Change Date |
September 6, 2018
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III.iii.6.B.5.a.Payment of Benefits Based on School Attendance in the Future or When a Child Turns 18 |
In order to avoid an interruption of benefits, a beneficiary may submit VA Form 21-674 showing that a school child intends to continue attending school
Upon receipt of VA Form 21-674 showing an intent to begin or continue school attendance at a future date,
Exception: Do not take the award action described in this block earlier than three months before a school child’s 18th birthday. Follow the instructions in the table below if the date of receipt of a VA Form 21-674 precedes the date of a school child’s 18th birthday by more than three months.
Note: RO and call center employees may complete and sign VA Form 21-674 on a claimant’s behalf, per M21-1, Part III, Subpart iii, 5.A.4.h.
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III.iii.6.B.5.b.Confirming a Child Began or Continued Attending School |
After taking award action to continue the payment of benefits for a child who intends to begin or continue attending school at a future date, follow the steps in the table below.
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6. Verifying a Child’s School Attendance
Introduction |
This topic contains information about verifying a child’s school attendance, including
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Change Date |
May 10, 2019 |
III.iii.6.B.6.a.Certifying School Attendance With VA Form 21-8960-1 |
At least once each year, VA requires each beneficiary who receives additional benefits for a school child to certify the child is attending school and intends to continue doing so through the date school attendance is scheduled to end. VA does this by requiring the beneficiary to
Important: If VA does not receive certification of school attendance, it may discontinue benefits payable to or for the child.
References: For more information on
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III.iii.6.B.6.b.Schedule for Mailing VA Form 21-8960-1 |
VA automatically generates and mails VA Form 21-8960-1 to beneficiaries who are receiving benefits based on school attendance
Concurrent with this action, a diary is automatically established in the corporate record to control for return of the form within 60 days.
Reference: For more information about diary controls, see the
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III.iii.6.B.6.c. Action to Take When the Hines ITC Is Unable to Issue VA Form 21-8960-1 |
When the Hines Information Technology Center (ITC) cannot issue VA Form 21-8960-1, VA’s claims-processing system generates work item 882H, School Child Verification Letter Not Sent. When the work item appears in an ROs inventory, the RO must send the beneficiary a VA Form 21-8960-1.
To control for return of the form,
Reference: For more information on 800 series work items, see
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III.iii.6.B.6.d.Processing VA Form 21-8960-1 |
Follow the instructions in the table below following receipt of a completed VA Form 21-8960-1.
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III.iii.6.B.6.e.Failure to Certify School Attendance |
If a beneficiary fails to return VA Form 21-8960-1 within 60 days, the diary referenced in M21-1, Part III, Subpart iii, 6.B.6.b expires (because it was never cleared). When this occurs, VA’s claims-processing system generates an 800 series work item.
Follow the steps in the table below upon receipt of a work item indicating a beneficiary failed to return VA Form 21-8960-1 within 60 days.
Reference: For more information about work items, see
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III.iii.6.B.6.f.Avoiding Concurrent Payment of DEA and Disability or Survivors Benefits |
If any of these conditions apply, follow the steps in the table below to determine if the school child is also receiving DEA under payee 40 through 49.
Notes:
Reference: For more information about using BIRLS and Share, see the Share User Guide.
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7. Direct Payment of Benefits to Certain School Children
Introduction |
This topic contains information about the direct payment of benefits to certain school children, including
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Change Date |
May 10, 2019 |
III.iii.6.B.7.a.Payment of Benefits to a School Child After the Age of Majority |
If VA is paying benefits to a child through a fiduciary (to include a parent who is acting as the child’s custodian under 38 U.S.C. 5502) solely because the child is a minor, 38 CFR 13.30 requires VA to start paying benefits directly to the child if he/she
Important: This policy also applies to a school child who is receiving DIC based on school attendance under the provisions of M21-1, Part III, Subpart iii, 6.B.4.f.
Note: The “age of majority”
Reference: For more information about the age of majority in each State and territory, see M21-1, Part III, Subpart v, 9.C.3.c.
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III.iii.6.B.7.b.Information Required to Pay Benefits Directly to a Child |
As stated in M21-1, Part III, Subpart v, 9.C.3.b, when an RO initially awards benefits to a minor child through a fiduciary (custodian/guardian), it concurrently establishes a diary that will expire before the child reaches the age of majority.
Upon expiration of the diary, follow the steps in the table below to determine whether the child is entitled to the direct payment of benefits based on school attendance.
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III.iii.6.B.7.c. Authority to Sign VA Form 21-674 |
Use the table below to determine who has authority to sign VA Form 21-674.
Note: A claimant’s representative (power of attorney or employee of a Veterans service organization), if recognized by VA, may sign and submit VA Form 21-674 to VA on a claimant’s behalf.
References: For more information on
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8. Claims for Disability or Survivors Benefits From or for a Child Who is Eligible for Education Benefits
Introduction |
This topic contains information about claims for disability or survivors benefits from or for a child who is eligible for education benefits, including |
Change Date |
December 11, 2015 |
III.iii.6.B.8.a.Finality of an Election of DEA or Education Benefits Under the Fry Scholarship |
An election to receive DEA or education benefits under the Fry Scholarship is final. Once VA pays either of the education benefits to a child, VA may not pay disability or survivors benefits to or for the same child for any period subsequent to the effective date of the first payment of education benefits.
Exception: A child who is under the age of 18 or permanently incapable of self-support may be able to reelect disability or survivors benefits after electing education benefits if
References: For more information about
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III.iii.6.B.8.b. Determining Whether VA Has Paid DEA and the Effective Date of the Award |
Follow the steps in the table below following receipt of a claim for disability or survivors benefits from or for a child who is
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in Chapter 6 School Attendance, Part III General Claims Process, Subpart iii General Development and Dependency Issues
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