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Chapter 35 Benefits for Dependents of Servicemembers

January 28, 2010

                                                               
On January 7, 2010, C&P Service released Fast Letter 10-03, Chapter 35 Benefits for Dependents of Servicemembers.  This letter contains guidance for the development and processing of claims for Dependents’ Educational Assistance (DEA/chapter 35 benefits) under Public Law 109-461.  Section 301 of the law allows the Department of Veterans Affairs (VA) to pay DEA benefits to dependents of severely disabled servicemembers who are pending discharge from the military.  Eligible dependents may now receive DEA benefits before servicemembers are discharged.                                     
                             
The new category of eligible persons includes the spouses and children of active duty servicemembers who at the time of VA’s decision:     
                                                              
  • are hospitalized or receiving outpatient medical care, services, or treatment;

                                   

  • have a total disability permanent in nature, incurred or aggravated in the line of duty in the active military, naval, or air service; and are likely to be discharged or released from service for the disability. 

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