What does 100% permanent and total disability mean... is that the same as just getting 100% in terms of chap 35 benefits?
When a military service-connected veteran is designated with a "total disability" rating (i.e., P&T or TDIU) from the DoVA, they are eligible for additional DoVA disability compensation benefits.
One in particular is Chapter 35: Survivors & Dependents Assistance (DEA) benefits. Dependents' Educational Assistance provides education and training opportunities to eligible dependents of certain veterans. The program offers up to 45 months of education benefits. These benefits may be used for degree and certificate programs, apprenticeship, and on-the-job training.
If you are a spouse, you may take a correspondence course while remedial, deficiency, and refresher courses may be approved under certain circumstances.
For eligibilty purposes to Chapter 35 DEA benefits, an individual must be the son, daughter, or spouse of:
- A veteran who died or is permanently and totally disabled as the result of a service-connected disability. The disability must arise out of active service in the Armed Forces.
- A veteran who died from any cause while such permanent and total service-connected disability was in existence.
- A servicemember missing in action or captured in line of duty by a hostile force.
- A servicemember forcibly detained or interned in line of duty by a foreign government or power.
- A servicemember who is hospitalized or receiving outpatient treatment for a service connected permanent and total disability and is likely to be discharged for that disability. This change was effective December 23, 2006.
For the period of eligibility, if an individual is a son or daughter and wish to receive DEA benefits for attending school or job training, you must be between the ages of 18 and 26. In certain instances, it is possible to begin before age 18 and to continue after age 26.
Moreover, marriage is not a bar to Chapter 35 DEA benefits. If an individual is in the Armed Forces, he/she may not receive DEA benefits while on active duty. To pursue training after military service, the individual's discharge must not be under dishonorable conditions.
DoVA can extend an individual's period of eligibility by the number of months and days equal to the time spent on active duty. This extension cannot generally go beyond an individual's 31st birthday, although there are some exceptions.
If you are a spouse, DEA benefits end 10 years from the date the DoVA finds you eligible or from the date of death of the veteran. If the DoVA rated the veteran permanently and totally disabled with an effective date of 3 years from discharge, a spouse will remain eligible for 20 years from the effective date of the DoVA rating. This change was effective October 10, 2008 and no DEA benefits may be paid for any training taken prior to that date.
For surviving spouses (e.g., spouses of service members who died on active duty) benefits, it end 20 years from the date of death of the service member.
In retrospect, Section 301 of Public Law 109-461 adds a new category to the definition of "eligible person" for DEA benefits. The new category includes the spouse or child of a person who:
- VA determines has a service-connected permanent and total disability; and
- At the time of VA's determination is a member of the Armed Forces who is hospitalized or receiving outpatient medical care, services, or treatment; and
- Is likely to be discharged or released from service for this service-connected disability.
Special Restorative Training is available to persons eligible for DEA benefits. The Department of Veterans Affairs may prescribe special restorative training where needed to overcome or lessen the effects of a physical or mental disability for the purpose of enabling an eligible person to pursue a program of education, special vocational program or other appropriate goal. Medical care and treatment or psychiatric treatments are not included.
Special Vocational Training is also available to persons eligible for DEA benefits. This type of program may be approved for an eligible person who is not in need of Special Restorative Training, but who requires such a program because of a mental or physical handicap.
Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer."
Best Wishes!