Dependent Benefits Beyond Age 23 (College Age)

[broncovet]

38 CFR 3.667 sounds like, once the Veteran is in college, the Veteran can continue to collect "college age" benefits until he graduates, and is not limited to age 23:

Specifically:

3.667 - School attendance.

(a) General. (1) Pension or compensation may be paid from a child's 18th birthday based upon school attendance if the child was at that time pursing a course of instruction at an approved educational institution and a claim for such benefits is filed within 1 year from the child's 18th birthday.

(2) Pension or compensation based upon a course of instruction at an approved educational institution which was begun after a child's 18th birthday may be paid from the commencement of the course if a claim is filed within 1 year from that date.

(3) An initial award of DIC (dependency and indemnity compensation) to a child in the child's own right is payable from the first day of the month in which the child attains age 18 if the child was pursuing a course of instruction at an approved educational institution on the child's 18th birthday, and if a claim for benefits is filed within 1 year from the child's 18th birthday. In the case of a child who attains age 18 after September 30, 1981, if the child was, immediately before attaining age 18, counted under 38 U.S.C. 1311(b) for the purpose of determining the amount of DIC payable to the surviving spouse, the effective date of an award of DIC to the child shall be the date the child attains age 18 if a claim for DIC is filed within 1 year from that date.

(Authority: 38 U.S.C. 5110(e))(4) An initial award of dependency and indemnity compensation to a child in its own right based upon a course of instruction at an approved educational institution which was begun after the child's 18th birthday may be paid from the first day of the month in which the course commenced if a claim is filed within 1 year from that date.

(Authority: 38 U.S.C. 5110(e))

(5) Where a child was receiving dependency and indemnity compensation in its own right prior to age 18, payments may be continued from the 18th birthday if the child was then attending an approved educational institution and evidence of such school attendance is received within 1 year from the 18th birthday. Where the child was receiving dependency and indemnity compensation in its own right prior to age 18 and was not attending an approved educational institution on the 18th birthday but commences attendance at an approved educational institution after the 18th birthday, payments may be resumed from the commencing date of the course if evidence of such school attendance is filed within 1 year from that date.

(b) Vacation periods. A child is considered to be in school during a vacation or other holiday period if he or she was attending an approved educational institution at the end of the preceding school term and resumes attendance, either in the same or a different approved educational institution, at the beginning of the next term. If an award has been made covering a vacation period, and the child fails to commence or resume school attendance, benefits will be terminated the date of last payment or the last day of the month preceding the date of failure to pursue the course, whichever is the earlier.

© Ending dates. Except as provided in paragraph (b) of this section, benefits may be authorized through the last day of the month in which a course was or will be completed.

(Authority: 38 U.S.C. 5112(b)(7))

(d) Transfers to other schools. When benefits have been authorized based upon school attendance and it is shown that during a part or all of that period the child was pursuing a different course in the same approved educational institution or a course in a different approved educational institution, payments previously made will not be disturbed.

[free_spirit_etc]

"I looked at the "new" CFR 38 3.667, and the age 23 max has been deleted, except for accrued benefits, as follows. It looks like the VA made a change in regs, and the dependent benefits do not end at 23, but instead end when the college age kid no longer goes to college. This is consistent with M21:"

I am not sure if the max of age 23 was deleted from CFR 38 3.667, or if it was never there in the first place. I am not sure they have changed the regs. Because the regs concerning the definition of child § 3.57 says "(iii) Who, after reaching the age of 18 years and until completion of education or training (but not after reaching the age of 23 years) is pursuing a course of instruction at an educational institution approved by the Department of Veterans Affairs.

3.667 covers payments based on school attendance, but to get dependent payments based on school attendance (3.667), you would first have to be considered a child (under 38 3.57).

I have found that it is hard to piece together all the regulations, because one will talk as if something doesn't matter, but I don't think they can be taken as a complete single regulation, but have to be taken within the context of the other regulations.

It would seem like if you can only get paid based on school school attendance if you are a qualified child, then whether you are a qualified child would be controlling. If you don't qualify as being a qualified child (under 23) then you couldn't qualify based on school attendance. The school attendance regulations would only come into effect if you had already met the standard of being a qualify child.

Again, I am not trying to be difficult, and I really wish I could find something to help support your position.

When do you think the VA changed the regs? If they did, then you might be able to get some info from the legislative history that notes the change and the reason for it. That would add support to the position that the regulations had changed and that a child could still receive dependent benefits past the age of 23.

Edited September 12, 2013 by free_spirit_etc

[harleyman]

The cut off for the school age child is 23 years old, unless the dependent is in receipt of DEA benefits or if the dependent is getting benfits through one of the new GI Bill transfer of educational benefits like the Yellow RIbbon bill or the Mongomery Bill.

Granted, there are a lot of changes in education benefits especially if the service member transfers his or her educational benefits to their dependents. Some of those allow the dependent 15 years or to age 33 to use the benefit. But for the regular veteran who is not part of the new GI Bills, and is not 100% disabled, he stops getting compensation for his dependent school age child when they turn 23.

Broncovet: I am not positive but I think the CFR you posted has to do with DIC / DEA benefits. I will check more tomorrow at work. - Harleyman

[free_spirit_etc]

http://www.vba.va.gov/pubs/forms/VBA-21-0538-ARE.pdf

VA FORM 21-0538, Status of Dependents Questionnaire, APR 2013 states:

"NOTE - Please provide the following information for each child under age 18, over age 18 and under 23 and attending school, or of any age if permanently disabled. If you have more than four children, list the others in Item 6, "Remarks," giving the information requested in Items 4A thru 4E. If you have no children in any of the categories described above, write "None" in Item 4A."

This form was updated April 2013. So again... dang... I am not finding anything to support your position.

[free_spirit_etc]

Thanks Harleyman.

I keep trying to find someone that will help broncovet - and it just looks like I am arguing with him the whole time.

Maybe you will be able to find something.

[broncovet]

Free Spirit

I did not mean to sound argumentative...I appreciate your help. I think the regulation means that the dependents must START school by their age 23, but can continue after age 23, until they finish their degree.

[free_spirit_etc]

broncovet,

Good luck!

I wish I was able to find something that would help you.