Dependents (Chapter 35)

The Chapter 35 program provides educational assistance allowance to qualifying spouses and children of certain veterans who died while on active duty or who are totally disabled due to their military service.

Eligibility Requirements

Basic eligibility for Chapter 35 education benefits may be established for the following categories of students:

1. Sons, daughters, spouses, and surviving spouses of veterans who died or are permanently and totally disabled as the result of a service-connected disability arising out of active service in the Armed Forces, or who died from any cause while such disability was in existence; and
2. the child or spouse of a person who is on active duty as a member of the Armed Forces and who now is, and for a period of 90 days has been, listed by the service department concerned as a POW, MIA, or otherwise forcibly detained by a foreign government or power.

Periods of Eligibility

CHILD: Generally, to attend school or take job training under the Chapter 35 program, a son or daughter must be between 18 and 26 years of age. In certain circumstances, it is possible to begin before age 18 and to continue after age 26. Marriage is not a bar to Chapter 35 benefits. A young person eligible for training may not enroll while in the Armed Forces. Further, to pursue training after military service, he or she must not have received a discharge under dishonorable conditions. The period of eligibility for a son or daughter may be extended by the number of months and days equal to time spent on active duty, but not beyond the child's 31st birthday. In most cases, if the son or daughter is beyond the age of 18, an election to receive Chapter 35 benefits will terminate the child's entitlement to further payments of Dependency and Indemnity Compensation (DIC), the survivors' benefits program for surviving spouses and unmarried children under 18 of service personnel or veterans whose death was due to service-connected causes or who died while permanently and totally disabled due to service-connected causes.

SPOUSE OR SURVIVING SPOUSE: Educational benefits must be utilized within a period of 10 years from the date eligibility is found or from the death date of spouse from whom eligibility is derived. In certain instances, an extension of these period may be granted, if the spouse or surviving spouse was prevented from using some portion of his or her educational benefits because of a physical or mental disability.

Entitlement

Eligible persons may receive up to 45 months of education or training or the equivalent in part-time training. The program must be pointed toward a definite educational or vocational goal.

Eligible persons may enroll in post-secondary programs approved by the state approving agency. Programs normally include those in colleges, universities, technical institutes, vocational schools, business schools, and facilities providing apprenticeship or other on-the-job training.