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JohnsWidow

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My husband was 100% disabled before he died in Oct.2016. He was not given this rating until mid year 2011. I was told that I could receive education benefits up to 10 years after my husbands 100% disability rating. I have not used any and was wondering if our son who is now 31yrs could use them instead of me?

Thank you, Lisa.

Sorry if I posted this in the wrong section. Please feel free to move it if needed.

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DEA (Chapter 35) Education benefits were awarded to dependents sometime shortly after your late husband  was awarded 100 percent.  However, 31 years old is too old for him to begin going to college under DEA, he would have had to done it several years earlier.  

HOWEVER, YOU may be eligible for DIC, which is a monthly amount to widows, mostly dependent upon his "cause of death".  (That is, was his death related to that which he was service connected for?)

Berta is our expert on widows benefits, and, hopefully she will chime in, but she may need to ask you some more questions..such as how long you were married.  

Also, if your husband had any claims or appeals pending, then you probably need to file a "substitution of claimant" so you can continue his appeals, "as if" he were still alive, and, of course his estate would get any possible retro awarded.  

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The DEA cut off date , as Broncovet said, is usually age 26, with very few exceptions....

the main exception is Military time served.

DEA gave my daughter, a veteran , 7 years additional DEA entitlement,when she appied for DEA at age 26, due to her 7 years Military service.

https://www.benefits.va.gov/gibill/dea.asp

My Chap 35 benefits were due to a 100% SC P & T posthumous  VA rating, of my husband, which ran out before I graduated from AMU. My initial DIC was based on Sec 1151 ( death by VA -which has no ancillary benefits)but years later I attained a direct SC death award  due to AO DMII, and that re established my entitlement to retroactive tuitions I had paid, when the initial DEA ran out.It was about 6 thousand in retro and the V  had paid about 7-8 thousand prior to that under the first DEA award.

So nothing is impossible- did your son have military service?

Was your husband's death service connected?

I agree ythat your state might well have some excellent state benefits for educational needs.

 

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