Dependent Education that goes with 100% P&T

[KansasNavy]

I was recently made 100% P&T.  For the education benefits that go along with this the question is:  I have a 24 year old daughter starting grad school soon.  I believe she is still eligible to be my dependent until age 26.  She is going full time.  Am I correct in my thinking?  Do I submit something to the VA intake center to get her back on as a dependent so that she can receive the education benefit at her school?  I think its roughly $1000 a month.

Thanks

[brokensoldier244th]

No- if she is using DEA she is not your dependent. You need to take her OFF your award. The VA rep at the college can walk her through the forms to fill out once she is enrolled. She needs to fill out VA 22-5490 first and get the response letter that says she is eligible for Chap 35. Once she gets the response letter she takes that to the school veteran rep and they will help her fill out the school specific paperwork that certifies her enrollment and number of credit hours to the VA. The school official has to also fill out part of it. She will need to do this each semester at some school, others do it for the year. It varies. Also check your state programs. In my state, state colleges waive tuition for dependents of 100% disabled veterans- so my son only pays books and whatever, still has access to pell grants, etc (your daughter wont, those are only for undergrad), loans, whatever, and gets his DEA amount every month. 

 

You need to go online or call and have her removed as a dependent because if you are getting paid while she gets DEA, you both will be collecting VA benefits, which you can't do, and youll have an over payment and they will take it back. I had to do this because my son applied and I waited until he started getting paid before I removed him, but I got paid for three more months before they dropped him off of my award as a dependent. You can set up an payment plan but its better to drop them when you apply because it takes a month or two sometimes for the 5490 to be approved and your daughter will get an eligibility letter in the mail. 

 

This has nothing to do with any taxes your family files (if she is still claimed as a dependent there). That is fine. 

Edited June 24, 2021 by brokensoldier244th

[KansasNavy]

brokensoldier.  She is not on my award letter so that sounds like a good thing.  I think I understand the rest of the process.  Seems like it all starts with the school VA rep.  Also I dont claim her on my taxes anymore either.

 

Thanks

[brokensoldier244th]

No, she needs to apply for eligibility before that (5490) After she applies then the school rep certifies her. 

Edited June 24, 2021 by brokensoldier244th

[Berta]

Excellent advice from Brokensoldier !

I am a DEA graduate- Make sure the college of her choice is VA approved ( Most of them are). Her school , like mine ( AMU who advertises here often) will have a web site that can help her contact the VA liaison person and financial aid.

The entitlement date will begin with the EED of your 100% P & T award. There is always the potential that the EED will entitle her to some DEA retro-if she has already achieved college credits.

Unless things have changed, I had to pay the tuition and then AMU would verify that on my student record and VA would reimburse me. I received a book grant from USMC and a free subscription to the Marine Corps Gazette as it was part of their tactical warfare program.

The college might have other means of attaining a book grant and they also should have a used book store.

I was AMU's first civilian graduate. Thanks to my background with combat veterans, I graduated with Honors. I received DEA due to my deceased husband's 100% SC PTSD P & T award .

Also my daughter, a veteran was eligible for DEA as well, for an additional 7 years past her 26th birthday. She served in USAF for 7 years. She got her Bachelors without DEA however because they made a ridiculous error on her first application, and fixed it right away, due to CUE,  but she didn't want to get involved with VA at all, after seeing the many problems I had with them after my husband died. The DEA regulations should be here somewhere.

 

It is a wonderful program! The spouse should be eligible for DEA and also CHAMPVA too.

 

 

 

 

 

 

 

[broncovet]

While its true the Veteran can not collect dependents benefits, while the child is also collecting DEA chap 35 benefits, the greater of these 2 is obviously the child getting DEA chapter 35.  

Your child should apply promptly, and likely get it, but the Veteran will likely need to remove the child as a dependent from his award.  

You cant get both at the same time. 

YOur child may also get retro, if awarded past benefits.  When did you get your award?

Did the letter (award) for P and T state your kids eligibility for DEA. cha. 35?

I can not precisely answer the question about the age, but if the child was under 23 "on the effective date of the award" , your child should get it even if the decision letter date was well after your childs 23d birthday.    

As an example, if the VA awarded P and T at an effective date well before your kids 23 birthday, but neither you nor the child knew about it, since it can take  years or decades for the VA to process your claim, this delay is  neither the Veteran nor the childs fault for extreme processing delays that exceeded the childs 23 birthday.  Check the effective date of the decision.  

   Its my opinion that the VA cant "delay your claim" until your child is too old to get benefits.  If your child was under 23 on the effective date, he or she should still get benefits.  However, the child likely has a "short window" to apply, after you receive the decision and notice of your childs eligibility for ch 35.

Edited June 24, 2021 by broncovet

[pacmanx1]

The key thing is to make sure your child applies. My daughter was right at the age of 23 and she was granted DEA and the VA extended her program until she completed her BS.