Chapter 35 DEA Benefits: VA Dependents' Educational Assistance
Survivors' and Dependents' Educational Assistance (DEA), governed by 38 U.S.C. Chapter 35 and 38 CFR 21.3020–21.3021, provides monthly education and training payments to eligible spouses, surviving spouses, and children of veterans who are permanently and totally disabled from service-connected conditions or who died of service-connected causes. Students who started training on or after August 1, 2018, receive up to 36 months of full-time benefits by applying with VA Form 22-5490.
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What are Chapter 35 DEA benefits?
Survivors’ and Dependents’ Educational Assistance—commonly called Chapter 35 DEA benefits, VA Dependents’ Educational Assistance, or DEA benefits—is a federal program within the veteran pay and benefits system. Authorized under 38 U.S.C. Chapter 35 and governed by 38 CFR 21.3020 and 38 CFR 21.3021, DEA helps eligible spouses, surviving spouses, and children cover costs for college degrees, certificates, apprenticeships, or on-the-job training.
Unlike transferred Post-9/11 GI Bill benefits, Chapter 35 does not deduct months from a veteran’s GI Bill or require an active-duty transfer. Instead, each qualifying dependent receives an independent statutory allotment once the veteran or service member meets the disability or death criteria in Title 38. As the VA Survivors’ and Dependents’ Educational Assistance page confirms, payments go directly to the student.
Eligibility under 38 U.S.C. Chapter 35 and 38 CFR 21.3020–21.3021
Both the veteran (or service member) and the dependent must meet 38 U.S.C. 3501(a)(1), 38 CFR 21.3021(a), and 38 CFR 3.807, including discharge under conditions other than dishonorable or death in service (38 CFR 3.807(a)(1)).
Qualifying criteria for the veteran or service member
As verified on VA.gov and defined in 38 U.S.C. 3501(a)(1) and 38 CFR 21.3021(a), one of these six descriptions must be true for the veteran or service member:
| Qualifying Category | Citation | Legal Requirement |
|---|---|---|
| Permanent and Total (P&T) Service-Connected Disability | 38 U.S.C. 3501(a)(1)(A)(ii), (D)(i); 38 CFR 21.3021(a)(1)(iii), (a)(3)(i) | The veteran is permanently and totally disabled due to a service-connected disability (a total rating reasonably certain to continue throughout life under 38 CFR 21.3021(p)). |
| Death From a Service-Connected Disability | 38 U.S.C. 3501(a)(1)(A)(i), (B); 38 CFR 21.3021(a)(1)(i), (a)(2)(i) | The veteran died as a result of a service-connected disability. |
| Death While P&T Disabled | 38 U.S.C. 3501(a)(1)(A)(ii), (D)(ii); 38 CFR 21.3021(a)(1)(ii), (a)(2)(ii) | The veteran died from any cause while a service-connected permanent and total disability was in existence. |
| Line-of-Duty Active-Duty Death | 38 U.S.C. 3501(a)(1)(A)(i), (B); 38 CFR 3.807(a) | The service member died in the line of duty. |
| MIA, Captured, or Forcibly Detained (>90 Days) | 38 U.S.C. 3501(a)(1)(C); 38 CFR 21.3021(a)(1)(iv), (a)(3)(ii) | The service member is missing in action, captured in the line of duty by a hostile force, or forcibly detained or interned in the line of duty by a foreign entity for more than 90 days. |
| Hospitalized or Outpatient Active-Duty P&T Disability | 38 U.S.C. 3501(a)(1)(E); 38 CFR 3.807(a)(5)(ii) | The service member is in the hospital or getting outpatient treatment for a line-of-duty service-connected permanent and total disability and is likely to be discharged for that disability. |
How a veteran establishes Permanent and Total (P&T) status
Under 38 CFR 21.3021(p), P&T means a service-connected disability rating determined by the VA to be total for compensation purposes where the impairment is reasonably certain to continue throughout life. Veterans establish P&T status either through a 100% schedular P&T rating (single 100% or combined under 38 CFR 4.25—see our VA combined rating calculator and VA disability pay chart) or through permanent Total Disability based on Individual Unemployability (TDIU) granting Chapter 35 basic eligibility. Under 38 CFR 3.807(c), 38 U.S.C. 1151 awards (38 CFR 3.358, 3.361, 3.800) and non-service-connected pension do not establish DEA eligibility.
Eligibility, age limits, and time limits for children
Under 38 U.S.C. 3501(a)(2) and 38 CFR 3.807(d)(1), a child includes a biological, adopted, or stepchild meeting 38 CFR 3.57. As VA.gov states, an eligible child can be married or unmarried. If a child joins the military, they cannot use DEA while on active duty, and to use DEA after leaving service they cannot have a dishonorable discharge.
When an eligible child can start and how long benefits last
Congress amended 38 U.S.C. 3512(g) to remove age limits for newer child beneficiaries. Current VA.gov rules for children apply the August 1, 2023 cutoff:
| Child Cohort | Starting Age Rule | Time & Age Limit Rule |
|---|---|---|
| Post-August 1, 2023 Cohort (became eligible, turned 18, or finished high school/GED on or after Aug 1, 2023) | Can be any age to start using DEA benefits. | No time limit and no age cap if any one of the three August 1, 2023 conditions is true. |
| Pre-August 1, 2023 Standard Cohort (became eligible, turned 18, and finished high school before Aug 1, 2023) | Must be 18 years old or have completed high school or a GED. | Generally up to 8 years to use benefits before turning 26 years old. |
| Pre-August 1, 2023 Exceptions (After Age 26) | Same pre-August 1, 2023 start rule. | May use DEA past age 26 if: (1) you became eligible between ages 18 and 26; (2) your parent died when you were between ages 18 and 26; or (3) you joined the military (up to 8 years from discharge as long as you are under 31 years old). |
Giving up DIC and school-age dependent pay for children
As VA.gov notes and 38 CFR 21.3023(a) requires, if an eligible child is receiving Dependency and Indemnity Compensation (DIC), they must give up those DIC payments when they start using DEA. Likewise, under 38 CFR 21.3023(a)(1), once a child age 18 or older begins using DEA, a living veteran parent can no longer receive the additional school-age child dependent allowance (ages 18 to 23) on their monthly disability compensation.
Eligibility, time limits, and remarriage rules for spouses
Spouses and surviving spouses qualify under 38 U.S.C. 3501(a)(1)(B)–(E) and 38 CFR 21.3021(a)(2)–(3). According to VA.gov, a spouse’s benefits start on the date the VA determines eligibility or on the date of the veteran’s or service member’s death.
Time limits for spouses and surviving spouses
Whether a spouse has a time limit depends on when the qualifying event happened (38 U.S.C. 3512(b), (g)):
- Qualifying event on or after August 1, 2023: There is no time limit to use DEA benefits.
- Qualifying event before August 1, 2023:
- In most cases, benefits end after 10 years (38 CFR 21.3046).
- If the VA rated the veteran permanently and totally disabled and the veteran later dies, the surviving spouse gets another 10 years of eligibility (or no time limit if death occurred on or after August 1, 2023).
- If the service member died on active duty, benefits end after 20 years.
- If the VA rated the veteran permanently and totally disabled with an effective date within 3 years after discharge from active duty, in most cases benefits end 20 years from that effective date.
DIC, divorce, and remarriage rules for spouses
- Concurrent DIC Permitted: A surviving spouse can get both DEA and Dependency and Indemnity Compensation (DIC) payments at the same time.
- Divorce: If you divorce the veteran, your DEA eligibility ends.
- Remarriage After the Veteran Dies: Remarriage generally terminates DEA eligibility through that veteran, except VA.gov restores remaining DEA benefits if either:
- Your new marriage was on or after January 1, 2004, and you were at least 57 years old, or
- Your new marriage ends due to death or divorce.
Months of entitlement: 36 months vs. 45 months
Under 38 U.S.C. 3511(a)(1) and current VA.gov rules (superseding older 45-month references in 38 CFR 21.3020(b) and 21.3044(a) for post-2018 enrollees):
- School or training started on or after August 1, 2018: Up to 36 months of full-time benefits (or the part-time equivalent).
- School or training started before August 1, 2018: Up to 45 months of full-time benefits.
Under 38 CFR 21.3045, full-time training charges one day of entitlement per day of attendance, while part-time training charges proportionally less. Beneficiaries may also receive free VA educational and career counseling.
Approved programs and how Chapter 35 monthly rates work
Students can use DEA for approved undergraduate and graduate degrees, tutorial assistance (no entitlement charge under 38 CFR 21.3045(a)), national tests and prep courses, vocational/technical non-college degree programs, on-the-job training and apprenticeships, entrepreneurship courses, licensing and certification tests and prep courses, co-op training, VA Work-Study, independent/distance learning, and correspondence training (spouses only). Verify school approval using the VA GI Bill Comparison Tool.
How monthly rates are determined
The VA updates Chapter 35 payment schedules annually effective October 1. Check current payment amounts on the official VA Chapter 35 rates table for survivors and dependents.
As detailed on the VA Chapter 35 rates page, monthly payments are sent directly to the student and depend on the training type and enrollment level:
| Training Category | Rate Structure & Rules |
|---|---|
| Colleges, Universities & Non-College Degree Programs | Paid at tiered monthly rates for Full-time, 75%, and 50% enrollment (prorated for partial months). For less than 50% and more than 25% or 25% or less enrollment, payments are capped at the lesser of the tier rate or actual tuition and fees (paid as a term lump sum if tuition and fees are lower). |
| On-the-Job Training & Apprenticeships | Paid at step-down monthly rates across Months 1–6, Months 7–12, Months 13–18, and More than 19 months. Requires working at least 120 hours per month for the full rate; entitlement charges step down alongside payments. |
| Correspondence Training | Reimburses 55% of the established cost for completed lessons (spouses and surviving spouses only; children are ineligible). |
| Special Restorative Training & Tests | Full-time monthly allowance for special restorative training; reimbursement for approved licensing/certification tests, prep courses, and national tests (charged at 1 month of entitlement per full-time monthly rate equivalent paid). |
Students must verify school enrollment each month to receive monthly college or non-college degree payments.
Applying with VA Form 22-5490
As verified on the VA Form 22-5490 page, spouses and dependent children apply using VA Form 22-5490 (Dependents’ Application for VA Education Benefits):
- Apply online: Submit the online application via VA.gov.
- Apply by mail: Download VA Form 22-5490 and mail the completed form to Department of Veterans Affairs, Claims Intake Center, PO Box 5215, Janesville, WI 53547.
- Certify enrollment: Notify your school’s certifying official (SCO) that you applied and ask them to submit your enrollment certification online to the VA. Under 38 CFR 21.3022, you cannot receive DEA concurrently during the same period with another VA education benefit.
Alternatives: Fry Scholarship and state education benefits
Marine Gunnery Sergeant John David Fry Scholarship
Children and surviving spouses of service members or Selected Reserve members who died in the line of duty or from a service-connected disability on or after September 11, 2001, may qualify for the Marine Gunnery Sergeant John David Fry Scholarship, which covers up to 36 months of tuition and fees paid to the school, a monthly housing allowance, and a books and supplies stipend.
Under VA.gov dual-eligibility rules:
- Surviving spouses: Cannot use both DEA and the Fry Scholarship; you must make a permanent, irrevocable election of one program.
- Children (parent died in the line of duty before August 1, 2011): May qualify for both programs used one at a time, capped at 81 months of combined full-time training.
- Children (parent died in the line of duty on or after August 1, 2011): May use both only if qualifying for DEA under a different event, used one at a time up to 48 months combined.
State veteran dependent education benefits
Many states provide free or reduced public university and community college tuition for spouses and children of 100% P&T or deceased veterans. Because Chapter 35 DEA pays the student directly, state tuition waivers can generally be combined with federal DEA payments. Check your state’s specific tuition waiver programs through the VA Directory of State Departments of Veterans Affairs.
Free accredited assistance
Whether you are completing VA Form 22-5490, comparing DEA against the Fry Scholarship, or pursuing a P&T or TDIU claim to establish your family’s Chapter 35 eligibility, free accredited help is available from School Certifying Officials (SCOs), VetSuccess on Campus (VSOC) counselors, and Veterans Service Organizations (VSOs) through the VA Accredited Representative portal and the VA Office of General Counsel Accreditation Search. Never pay an unaccredited company to file an initial VA application.
This guide explains the rules; it is not legal or medical advice. VA decisions depend on your records. Free help is available from accredited Veterans Service Organizations.
Frequently asked questions
Who is eligible for Chapter 35 DEA benefits?
Under 38 U.S.C. 3501(a)(1) and 38 CFR 21.3021(a), spouses, surviving spouses, and children qualify if the veteran is permanently and totally (P&T) disabled from a service-connected disability, died of a service-connected disability, or died while a service-connected P&T disability was in existence. Dependents also qualify if a service member died in the line of duty, has been missing or captured/detained in the line of duty over 90 days, or is hospitalized or in outpatient care for a line-of-duty P&T disability likely to result in discharge.
How many months of Chapter 35 DEA benefits do dependents receive?
Under 38 U.S.C. 3511(a)(1), maximum entitlement depends on when school or training started: up to 36 months of full-time benefits if started on or after August 1, 2018, or up to 45 months if started before August 1, 2018.
Is there an age limit or time limit to use Chapter 35 DEA benefits?
Under 38 U.S.C. 3512(g), there is no age or time limit for an eligible child who became eligible, turned 18, or finished high school or a GED on or after August 1, 2023, or for a spouse whose qualifying event occurred on or after August 1, 2023. Earlier cohorts follow the legacy 8-year/age-26 child rule or 10-year/20-year spouse rules.
Does Chapter 35 DEA pay tuition directly to the college?
No. Unlike the Post-9/11 GI Bill or Fry Scholarship, Chapter 35 DEA sends a monthly payment directly to the student in arrears after monthly enrollment verification, based on training type and enrollment level. The student is personally responsible for paying tuition, fees, books, and housing costs directly to the educational institution.
Can a child or surviving spouse receive both DIC and Chapter 35 DEA?
Surviving spouses can receive both Dependency and Indemnity Compensation (DIC) and DEA concurrently. Under 38 CFR 21.3023(a), an eligible child must give up DIC payments when starting DEA (and a living veteran loses the school-age child allowance once the child uses DEA at age 18+).
How do I apply for VA Dependents' Educational Assistance?
Apply online at VA.gov or by mail using VA Form 22-5490 sent to the VA Claims Intake Center, PO Box 5215, Janesville, WI 53547, then ask your school's certifying official to submit enrollment online. Once the VA issues your Certificate of Eligibility, your school certifies your course enrollment to initiate direct monthly benefit payments.
Sources
- VA.gov - Survivors' and Dependents' Educational Assistance (DEA)
- VA.gov - Chapter 35 Rates for Survivors and Dependents
- VA.gov - About VA Form 22-5490 (Dependents' Application for VA Education Benefits)
- 38 CFR 21.3020 & 21.3021 - Educational assistance and definitions (Subpart C)
- 38 CFR 3.807 - Dependents' educational assistance; certification
- 38 U.S.C. Chapter 35 - Survivors' and Dependents' Educational Assistance (Sections 3501, 3511, 3512)
- VA.gov - Marine Gunnery Sergeant John David Fry Scholarship