Overview
In This Section |
This section contains the following topics:
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1. Notifying Individuals of Their Eligibility for DEA
Introduction |
This topic contains information on notifying individuals of their eligibility for DEA, including
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Change Date |
November 2, 2018
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III.iii.6.C.1.a. Who Is Eligible for DEA |
Dependents’ Educational Assistance (DEA), under 38 U.S.C. Chapter 35, provides educational assistance to the children, spouses, and surviving spouses of individuals who
Notes:
References: For more information on
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III.iii.6.C.1.b. Notifying Veterans in Disability Compensation Cases |
When claims processors use Redesigned Automated Decision Letter (RADL) to generate a decision notice regarding a Department of Veterans Affairs (VA) decision to rate a Veteran permanently and totally disabled due to SC disabilities, RADL automatically inserts text into the notice that
When claims processors use Personal Computer Generated Letters to notify a Veteran of the same type of decision, they must manually insert the following text into the decision notice:
Your dependents may be eligible for Dependents’ Educational Assistance (Chapter 35). For more information on this program, please visit the following web site: https://www.vets.gov/education/gi-bill/survivors-dependent-assistance/ or call 1-888-GIBILL-1 (1-888-442-4551).
Important: The text in the preceding paragraph is not an exact match of the text RADL automatically inserts; claims processors do not need to add the text to decision notices they generate using RADL.
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III.iii.6.C.1.c. Notifying Surviving Spouses in DIC Cases |
When notifying a surviving spouse of his/her entitlement to DIC
Exception: Since an award of DIC under 38 U.S.C. 1151 does not establish eligibility for DEA, disregard the instructions in this block when DIC is awarded under this statute.
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III.iii.6.C.1.d. Notifying Children of Eligibility |
Furnish notice of potential eligibility for DEA
Reference: For more information on notifications of eligibility, see M21-1, Part III, Subpart iii, 6.A.1.
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III.iii.6.C.1.e. Notifying Surviving Spouses in Survivors Pension Cases |
If DEA eligibility is established, but the eligible surviving spouse is in receipt of Survivors Pension, then
Note: Do not enclose VA Form 21-8765.
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III.iii.6.C.1.f. Providing Notice in FEC Cases |
If VA disability compensation or DIC is not payable because a beneficiary elected to receive Federal Employees’ Compensation (FEC) benefits, perform the actions below to ensure that the notice of DEA eligibility discussed in M21-1, Part III, Subpart iii, 6.A.1 is provided to eligible children:
Notes:
References: For more information about
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III.iii.6.C.1.g. MSC Responsibilities Regarding Seriously Injured Service Members |
Military Service Coordinators (MSCs) are responsible for providing VA Form 22-5490 to members of the Armed Forces that
MSCs are also responsible for obtaining
Upon receipt of a completed VA Form 22-5490, MSCs are responsible for
Note: The Department of Defense (DoD) renamed the contingency operations of OEF/OIF. However, the title of the OEF/OIF Coordinator has not changed.
References: For information about
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2. Initial Determinations of Eligibility for Education Benefits
Introduction |
This topic contains information about initial determinations of eligibility for education benefits, including
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Change Date |
September 14, 2016 |
III.iii.6.C.2.a. Initial Actions for Determining Eligibility for Education Benefits |
Upon receipt of VA Form 22-5490, the RPO of jurisdiction (per M22-4, Part III, 1.02) reviews basic eligibility and determines entitlement to education benefits. These benefits are payable to Veterans’ dependents and include
Notes:
References: For more information on
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III.iii.6.C.2.b. Determining Entitlement to Disability or Survivors Benefits Before Education Benefits Are Awarded |
Except as noted in M21-1, Part III, Subpart iii, 6.B.2.a and c, VA may notconcurrently pay disability or survivors benefits to or for a child that is receiving
Use the table below to determine whether the payment of disability or survivors benefits to or for a child is appropriate between the child’s 18th birthday and the effective date of an award of DEA or education benefits under the Fry Scholarship.
Important: Follow the instructions in M21-1, Part III, Subpart iii, 6.B.6.f before
References: For more information on
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III.iii.6.C.2.c. Rating Decisions for Veterans’ Disability Claims |
In Veterans’ disability cases, because of the requirement for permanency of the total disability, submit cases to the rating activity for a rating decision if a
References: For more information on
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III.iii.6.C.2.d. Rating Decisions for Seriously Injured Service Members |
Upon receipt of VA Form 22-5490 from an MSC (under the circumstances described in M21-1, Part III, Subpart iii, 6.C.1.g), ROs must take the actions described in the table below.
Note: OEF/OIF Coordinators are responsible for case-managing claims throughout the procedure described in the table.
Notes:
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III.iii.6.C.2.e. Rating Decisions for Death Claims |
A determination as to basic eligibility to DEA is generally addressed in a formal rating decision awarding entitlement to DIC, or when the claimant expressly raises the issue. If this issue has not been disposed of by rating decision in the claims folder, refer the claim to the rating activity for the preparation of a rating decision.
Note: When a total SC disability rating is in effect at the time of death, but the cause of death is not SC, consider the disability rating to be permanent for DEA eligibility purposes only, even when permanency was not established during the Veteran’s lifetime.
References: For more information on rating determinations of DEA eligibility, seeM21-1, Part IX, Subpart ii, 2.1.
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III.iii.6.C.2.f. Eligibility Based on Death in Service |
Concede that death in service is SC unless a rating is required under M21-1, Part IV, Subpart iii, 1.B.3.b. Cases in which service connection may be conceded include those in which
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3. Miscellaneous Information on Awards Involving Dependents in Receipt of Education Benefits
Introduction |
This topic contains information on awards involving dependents in receipt of education benefits, including
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Change Date |
November 2, 2018
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III.iii.6.C.3.a. Tracking Education Folders |
All education folders are kept in the RPOs in Buffalo, Muskogee, and St. Louis.
Note: The parent folder (if it has not been converted into an eFolder) is always stored in a separate office. Even at the RPO, the processing of DEA claims is separate from that of other types of claims.
Reference: For a listing of the ROs over which each RPO has jurisdiction, seeM21-1, Part IX, Subpart ii, 2.11.a.
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III.iii.6.C.3.b. Providing Notification of Award Actions to RPOs |
When an RO takes any award action that affects a claimant’s or beneficiary’s entitlement to education benefits, to include an award action based on an election of education benefits over disability or survivors benefits, the RO must notify the RPO with jurisdiction over the corresponding education folder by sending an e-mail to the RPO’s mailbox:
Note: This notification is usually accomplished by e-mailing an electronic copy of the award to the RPO.
Reference: For a listing of the ROs over which each RPO has jurisdiction, seeM21-1, Part IX, Subpart ii, 2.11.a.
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III.iii.6.C.3.c. DIC Payments to Other Payees Following An Election of Education Benefits |
If a child beneficiary in receipt of DIC elects DEA or education benefits under the Fry Scholarship (when concurrent receipt is prohibited), discontinue the DIC payment and provide the increased rates to other payees that are entitled to an increase, from the date DIC was discontinued.
Note: A child over age 18 who is capable of self-support and is receiving DEA may not be considered as a dependent of a surviving spouse for the purposes of establishing income limitations or the rates payable for Survivors Pension.
References: For more information on
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Historical_M21-1III_iii_6_SecC_9-14-16.doc | May 12, 2019 | 152 KB |
Historical_M21-1III_iii_6_SecC_6-25-15.doc | May 12, 2019 | 146 KB |
12-15-15_Key-Changes_M21-1III_iii_6_SecC-1.docx | May 12, 2019 | 65 KB |
12-15-15_Key-Changes_M21-1III_iii_6_SecC.docx | May 12, 2019 | 65 KB |
9-14-16_Key-Changes_M21-1III_iii_6_SecC.docx | May 12, 2019 | 65 KB |
2-14-18_Key-Changes_M21-1III_iii_6_SecC.doc.docx | May 12, 2019 | 67 KB |
Historical_M21-1III_iii_6_SecC_5-18-18.docx | May 12, 2019 | 64 KB |
5-18-18_Key-Changes_M21-1III_iii_6_SecC.docx | May 12, 2019 | 63 KB |
2-19-19_Key-Changes_M21-1III_iii_6_SecC.docx | May 12, 2019 | 51 KB |
Change-June-25-2015-Transmittal-Sheet-M21-1MR_III_iii_6_SecC_TS.docx | May 12, 2019 | 43 KB |
in Chapter 6 School Attendance, Part III General Claims Process, Subpart iii General Development and Dependency Issues
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