VA Benefits: What Is Chapter 35?
Veterans benefits are broad. There are many types of benefits that veterans, their spouses, and their children can take advantage of to improve their life.
One of them is Chapter 35, which is the Survivors’ and Dependents’ Educational Assistance Program, commonly known as Chapter 35. This program offers educational benefits to dependents of veterans who have been permanently and totally disabled due to a service-related condition or who have passed away due to their military service.
However, not every dependent qualifies, and the benefits are not forever. Understanding the limitation of these benefits is crucial for getting the most out of your benefits.
First off, there are age limitations. Children of eligible veterans can access Chapter 35 benefits for education and training if they are between the ages of 18 and 26. However, there are some exceptions in which benefits can start before age 18 and extend beyond age 26.
A child of a veteran can pursue training after their own active military service. However, they must not have a dishonorable discharge. The eligibility period can be extended by the duration of their active duty, although this extension generally cannot go past their 31st birthday.
There are also benefits for spouses of veterans, but the duration varies based on specific circumstances. Spouses typically have up to 10 years from either the date the VA determines their eligibility or from the date of the veteran’s death. However, if the veteran was rated as permanently and totally disabled by the Department of Veterans Affairs (VA) with an effective date within three years of discharge, the spouse will have access to benefits for 20 years from that effective date. This applies to cases effective as of October 10, 2008. Surviving spouses of service members who died while on active duty also have 20 years to use their benefits, and this starts from the date of death.
To qualify for Chapter 35 benefits, a person must be:
- The child or spouse of a veteran who is permanently and totally disabled due to a service-connected disability.
- The child or spouse of a veteran who died while having such a disability.
- The child or spouse of a service member who is missing in action or captured by hostile forces.
- The child or spouse of a service member detained by a foreign government.
- The child or spouse of a service member receiving treatment for a service-connected permanent and total disability and is expected to be discharged for that disability.
To apply for Chapter 35 benefits, complete and submit VA Form 22-5490.The VA will send a Certificate of Eligibility within 4 to 6 weeks.
Learn More About Veterans Benefits
Not all veterans benefits are for the veterans themselves. Sometimes dependents and other family members can avail of these benefits and use them to gain education and more.
Learn more about your benefits by contacting a White Plains veterans disability benefits lawyer from The Law Office of Michael Lawrence Varon. We have more than 20 years of experience and offer personalized service. To schedule a consultation, call 914-294-2145 or fill out the online form.
Source:
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