--- title: "Part XIII, Subpart i, Chapter 1, Section B Notification and Award Actions for Dependents' Educational Assistance (DEA)" document: "M-21-1" section: "Part XIII, Subpart i, Chapter 1, Section B" canonical: "https://veteranai.co/va-regulations/m21-1/xiii.i.1.b-notification-and-award-actions-for-dependents-educational" source: "https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000173635/M21-1-Part-XIII-Subpart-i-Chapter-1-Section-B-Notification-and-Award-Actions-for-Dependents-Educational-Assistance-DEA" updated: "2026-09-07T14:38:08.265437Z" --- February 6, 2026 ### XIII.i.1.B.1.a. Who Is Eligible for DEA Dependents’ Educational Assistance (DEA), under [38 U.S.C. Chapter 35](), provides educational assistance to the children, spouses, and surviving spouses of individuals who * died in service in the line of duty * were on active duty as members of the Armed Forces and have been listed by the appropriate Secretary for more than 90 days as * 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 government or power * are active-duty service members that are * hospitalized or receiving outpatient medical treatment, and * likely to be released from active duty because of a service-connected (SC) disability(ies) that is permanent and totally disabling, or * were discharged from service under conditions other than dishonorable and * have an SC disability(ies) that is permanent and totally disabling (rated 100-percent disabling based on the rating schedule or by reason of individual unemployability (IU)) * had an SC disability(ies) that was permanent and totally disabling and in existence at death (rated 100-percent disabling based on the rating schedule or by reason of IU), or * died as a result of an SC disability(ies). **Notes:** * When a total SC disability rating is in effect at the time of death, but the cause of death is not SC, consider the disability rating to be permanent for DEA eligibility purposes only, even when permanency was not established during the Veteran's lifetime. * Per [38 CFR 3.807(c)](), eligibility for DEA may be established when disabilities are treated as if SC under [38 U.S.C. 1160]() (compensation for certain paired organs or extremities). * Disability compensation or Dependency and Indemnity Compensation (DIC) awarded under [38 U.S.C. 1151]() does **_not_** establish eligibility for DEA. **References:** For more information on * the need for a rating decision in the types of cases described in this block, see * [M21-1, Part XIII, Subpart i, 1.A](), and * [M21-1, Part XII, Subpart i, 1.C.1.b]() * DEA, see * [38 CFR 3.807](), and * [38 CFR 21.3021]() * the eligibility of dependents of seriously injured service members for DEA, see M21-1, Part XIII, Subpart i, 1.B.1.g, and * entitlement to DEA based on paired-organ or extremity ratings, see [_Kimberlin v. Brown_](), 5 Vet.App. 174 (1993). ### XIII.i.1.B.1.b. Notifying Veterans in Disability Compensation Cases When claims processors use Redesigned Automated Decision Letter (RADL) to generate a decision notice regarding a Department of Veterans Affairs (VA) decision to rate a Veteran permanently and totally disabled due to SC disabilities, RADL automatically inserts text into the notice that * informs the Veteran that qualifying dependents may be eligible for DEA, and * provides instructions for obtaining more information about DEA from VA. When claims processors use Personal Computer Generated Letters to notify a Veteran of the same type of decision, they must manually insert the following text into the decision notice: _Your dependents may be eligible for Dependents’ Educational Assistance (Chapter 35). For more information on this program, please visit the following web site: https://www.va.gov/education/survivor-dependent-benefits/dependents-education-assistance/ or call 1-888-GIBILL-1 (1-888-442-4551)._ **Important:** The text in the preceding paragraph is **_not_** an exact match of the text RADL automatically inserts; claims processors do **_not_** need to add the text to decision notices they generate using RADL. ### XIII.i.1.B.1.c. Notifying Surviving Spouses in DIC Cases When notifying a surviving spouse of entitlement to DIC, * include notice of eligibility for DEA in the corresponding decision notice instructing eligible claimants to visit and apply for benefits at , and * enclose [_VA Form 21P-8765, Service-Connected Death Award Attachment_]() with the notice. **Exception:** Since an award of DIC under [38 U.S.C. 1151]() does _not_ establish eligibility for DEA, disregard the instructions in this block when DIC is awarded under this statute. ### XIII.i.1.B.1.d. Notifying Children of Eligibility Furnish notice of potential eligibility for DEA * to the payee-parent (custodian or guardian) of a child that is under age 18, or * directly to a child that is 18 to 23 years old. **Reference:** For more information on notifications of eligibility, see [M21-1, Part VII, Subpart ii, 1.A.4](). ### XIII.i.1.B.1.e. Notifying Surviving Spouses in Survivors Pension Cases If DEA eligibility is established, but the eligible surviving spouse is in receipt of Survivors Pension, then * include notice of eligibility for DEA in the decision notice only and instruct eligible claimants to visit and apply for benefits at , and * enclose [_VA Form 21-8767, Death Pension Award Attachment_]() , with the notice. **Note:** Do _not_ enclose [_VA Form 21P-8765_](). ### XIII.i.1.B.1.f. Providing Notice in FEC Cases If VA disability compensation or DIC is not payable because a beneficiary elected to receive Federal Employees’ Compensation (FEC) benefits, take the following actions to ensure that the notice of DEA eligibility discussed in [M21-1, Part VII, Subpart ii, 1.A.4]() is provided to eligible children: * establish a future diary under reason code 30, _Regional Office Special Use_ , with a due date that will expire 60 days _before_ an eligible child reaches the age of 18, and * enter _Potential DEA Eligibility Notice Needed_ in the REMARKS field. **Notes:** * Use a locally generated letter to notify eligible children. * If any decision notices are returned as undeliverable because of an incorrect address, obtain the current address from the appropriate district office of the Office of Workers’ Compensation, Department of Labor. **References:** For more information on * restrictions on the concurrent payment of FEC and VA benefits, see [M21-1, Part VI, Subpart ii, 5.1.c](), and * establishing future diaries in the Veterans Benefits Management System (VBMS), see the _VBMS Awards User Guide_. ### XIII.i.1.B.1.g. MSC Responsibilities Regarding Seriously Injured Service Members Military Services Coordinators (MSCs) are responsible for providing _[VA Form 22-5490, Dependents’ Application for VA Education Benefits]()_ , to members of the Armed Forces that * are on active duty * are receiving treatment at a(n) * military treatment facility * VA medical center, or * other hospital, and * will likely be released from active duty because of an SC disability(ies) that is permanent and totally disabling. MSCs are also responsible for obtaining * service members’ current mailing address (to ensure proper notification of decisions regarding their dependents’ eligibility for DEA), and * completed [_VA Forms 22-5490_]() from dependents (if they are available to complete the form) or mailing the form to dependents for completion. Upon receipt of a completed [_VA Form 22-5490_](), MSCs are responsible for e-mailing a copy of the form to the regional processing office (RPO) of jurisdiction (per [M22-4, Part 3, 1.02]()), using the appropriate e-mail address from among those listed in M21-1, Part XIII, Subpart i, 1.B.3.b.**Reference:** For more information on regional office (RO) responsibilities upon receipt of [_VA Form 22-5490_]() from an MSC, see M21-1, Part XIII, Subpart i, 1.B.2.d. ## 2. Initial Determinations of Eligibility for Education Benefits | | This topic contains information about initial determinations of eligibility for education benefits, including * initial actions for determining eligibility for education benefits * determining entitlement to disability or survivors benefits before education benefits are awarded * rating decisions for * Veterans’ disability claims * seriously injured service members, and * death claims, and * eligibility based on death in service. November 24, 2025 ### XIII.i.1.B.2.a. Initial Actions for Determining Eligibility for Education Benefits Upon receipt of [_VA Form 22-5490_](), the RPO of jurisdiction (per [M22-4, Part 3, 1.02]()) reviews basic eligibility and determines entitlement to education benefits. These benefits are payable to Veterans’ dependents and include * DEA * transferred entitlement to education benefits under [38 U.S.C. 3319](), and * education benefits under [38 U.S.C. 3311]() (Marine Gunnery Sergeant John David Fry Scholarship). **Notes:** * Jurisdiction of education claims processing is determined by the location of the school in which the claimant is enrolled. * If an RPO cannot determine eligibility for DEA based on the available evidence, the RPO’s Education Division contacts the station of origination and requests completion of an eligibility extract. **References:** For more information on * the eligibility criteria for * education benefits under [38 U.S.C. 3319]() and [38 U.S.C. 3311](), see [M21-1, Part VII, Subpart ii, 1.B.2.b](), and * DEA, see * [38 U.S.C. Chapter 35, Subchapter II](), and * M21-1, Part XIII, Subpart i, 1.B.1.a, and * completion of a DEA eligibility extract, see [M22-4, Part 7, 3.01b](). ### XIII.i.1.B.2.b. Determining Entitlement to Disability or Survivors Benefits Before Education Benefits Are Awarded _Except_ as noted in [M21-1, Part VII, Subpart ii, 1.B.2.a and c](), VA may _not_ concurrently pay disability or survivors benefits to or for a child that is receiving * DEA, or * education benefits under the Fry Scholarship ([38 U.S.C. 3311]()). Use the table below to determine whether the payment of disability or survivors benefits to or for a child is appropriate between the child’s 18th birthday and the effective date of an award of DEA or education benefits under the Fry Scholarship. | **If ...**| **Then ...** * the eligible child * turned 18 during a routine break between school sessions * attended school during the session that immediately preceded the break, and * is _not_ permanently incapable of self-support, and * the effective date of the initial award of education benefits falls within the month in which the next school session would normally commence * award disability or survivors benefits to or for the child throughout the break, and * discontinue disability or survivors benefits to or for the child from the effective date of the initial award of education benefits. **Notes:** * Determine the effective date of the initial award of education benefits by following the instructions in [M21-1, Part VII, Subpart ii, 1.B.2.f](). * If the conditions described in the first two cells of the column to the left are met, VA may pay benefits in the manner described in this cell _without_ requiring the submission of [_VA Form 21-674, Request for Approval of School Attendance_](). * The various types of notice (described in [M21-1, Part VII, Subpart ii, 1.B.3]()) of an RPO’s initial award of education benefits should include information about potential entitlement to payment for a break between school sessions if school attendance prior to the break is indicated on [_VA Form 22-5490_](). * the eligible child * is at least 18 years old * attended school during the session that immediately preceded a routine break between school sessions, and * is _not_ permanently incapable of self-support, and * the effective date of the initial award of education benefits falls within the month that follows the routine break between school sessions VA determines the eligible child is permanently incapable of self-support| do **_not_** discontinue disability or survivors benefits to or for the child when VA begins paying education benefits to the child. **Note:** VA may concurrently pay education benefits to a child that is permanently incapable of self-support while paying disability or survivors benefits to or for the same child.**_ _**Reference:** Follow the instructions in the _VBMS Awards User Guide_ to adjust an award to or for a child that * is permanently incapable of self-support, and * begins attending school. the eligible child turned 18 during a routine break between school sessions but there is nothing of record indicating the child attended school during * the school session that immediately preceded the break, or * the school session that immediately followed the break | discontinue the payment of disability or survivors benefits effective the child’s 18th birthday **_unless_** VA subsequently receives a [_VA Form 21-674_]() showing the child attended school during * the school session that immediately preceded the break, and * the school session that immediately followed the break. **_ _** **Important:** Follow the instructions in * [M21-1, Part VII, Subpart ii, 1.B.8.b](), before awarding disability or survivors benefits based on school attendance, or * [M21-1, Part VII, Subpart ii, 1.B.6.f](), before allowing continued payment of disability or survivors benefits based upon review of * [ _VA Form 21-8960-1,Certification of School Attendance or Termination_ ]() * [_VA Form 21-674_](), or * [ _VA Form 21-674b, School Attendance Report_](). **References:** For more information on * awards and award adjustments based on school attendance, see [M21-1, Part VII, Subpart ii, 1.B]() * due process, see [M21-1, Part I, Subpart i, 1.B]() * the effect of elections in two-parent cases, see [M21-1, Part VII, Subpart i, 3.D.2 and 3](), and * the prohibition of concurrent payment of disability or survivors benefits and * DEA, see * [M21-1, Part VII, Subpart ii, 1.B.2.a]() * [38 CFR 21.3023](), and * [38 CFR 3.707](), and * education benefits under the Fry Scholarship, see * [M21-1, Part VII, Subpart ii, 1.B.2.c](), and * [38 U.S.C. 3322(f)](). ### XIII.i.1.B.2.c. Rating Decisions for Veterans’ Disability Claims In Veterans’ disability cases, because of the requirement for permanency of the total disability, submit cases to the rating activity for a rating decision if a * specific rating determination of eligibility for DEA has not been made, and * a future examination has not been scheduled. **References:** For more information on * partial rating decisions and deferred issues, see [M21-1, Part V, Subpart ii, 3.B.1](), and * rating determinations of DEA eligibility, see [M21-1, Part XIII, Subpart i, 1.A](). ### XIII.i.1.B.2.d. Rating Decisions for Seriously Injured Service Members Upon receipt of [_VA Form 22-5490_]() from an MSC (under the circumstances described in M21-1, Part XIII, Subpart i, 1.B.1.g), ROs must take the actions described in the table below. | **Step**| **Action** 1| Establish end product (EP) 290 – _EDU Eligibility Rating_ , using the earliest date of receipt of [_VA Form 22-5490_]() in a VA facility as the date of claim. 2| Ensure the RO possesses * a mailing address for the service member, and * medical evidence sufficient to determine whether the service member has SC disabilities that are permanent and totally disabling. 3| Prepare a rating decision according to the instructions in [M21-1, Part XIII, Subpart i, 1.A](). 4| Complete the DEA extract shown in [M22-4, Part 7, 3.01b](). 5| E-mail a copy of the following to the RPO of jurisdiction (per [M22-4, Part 3, 1.02]()): * DEA extract, and * [ _VA Form 22-5490_](). **Reference:** For the e-mail address of individual RPOs, see M21-1, Part XIII, Subpart i, 1.B.3.b. 6| File the DEA extract in the service member’s claims folder (or upload a copy of it into the electronic claims folder (eFolder)). 7| Did the rating decision establish eligibility for DEA? | **If ...**| **Then prepare a decision notice that includes ...** _yes_| * [ _VA Form 21-526EZ, Application for Disability Compensation and Related Compensation Benefits_](), and * the following text: _We received an application for Dependents’ Educational Assistance (DEA). We have decided that you have a total disability that is permanent in nature and was incurred or aggravated in the line of duty in the active military, naval, or air service. Therefore, we’ve granted eligibility for DEA._ _In order for VA to pay you service-connected compensation, the military must first release you under honorable conditions. If you have not done so, and you are within six months of discharge, you should complete and submit VA Form 21-526EZ, Application for Disability Compensation and Related Compensation Benefits. Upon receipt, we will decide your disability claim and then notify you of our decision._ _no_| * [ _VA Form 21-526EZ_](), and * the following text: _We received an application for Dependents’ Educational Assistance (DEA) from your dependent,_**[_enter dependent’s name_]**_. We cannot grant eligibility for DEA because we have decided that you do not have a total disability that is permanent in nature and was incurred or aggravated in the line of duty in the active military, naval, or air service._ _In order for VA to pay you service-connected compensation, the military must first release you under honorable conditions. If you have not done so, and you are within six months of discharge, you should complete and submit VA Form 21-526EZ, Application for Disability Compensation and Related Compensation Benefits. Upon receipt, we will decide your disability claim and then notify you of our decision._ 8| Clear the pending EP 290. **_ _** **Note:** Only the dependent named on the [_VA Form 22-5490_]() (or the dependent’s legal guardian) may request review of a rating decision to deny eligibility for DEA. ### XIII.i.1.B.2.e. Rating Decisions for Death Claims A determination as to basic eligibility for DEA is generally addressed in a formal rating decision awarding entitlement to DIC, or when the claimant expressly raises the issue. If there is no indication in the claims folder that this issue was resolved by rating decision at the time entitlement to DIC was awarded, an EP 290 _PMC-Eligibility Determination_ must be established and referred to the rating activity for the preparation of a rating decision._**Notes**_ : * When a total SC disability rating is in effect at the time of death, but the cause of death is not SC, consider the disability rating to be permanent for DEA eligibility purposes only, even when permanency was not established during the Veteran's lifetime. * An EP 290 _PMC-Eligibility Determination_ * will be established * when any subsequent claim for DEA is received following a grant of DIC benefits, particularly an EP 149, or * upon a claims processor’s own review, and * must be * referred to the rating activity for a formal decision, and * promulgated in addition to any pending EP related to the survivor’s claim. **References:** For more information on rating determinations of DEA eligibility, see [M21-1, Part XIII, Subpart i, 1.A](). ### XIII.i.1.B.2.f. Eligibility Based on Death in Service Concede that death in service is SC unless a rating is required under [M21-1, Part XII, Subpart i, 1.C.1.b](). Cases in which service connection may be conceded include those in which * death resulted from disease, armed conflict, or common accident during service, or * the service member is missing or missing in action and death has been presumed by the service department. ## 3. Miscellaneous Information on Awards Involving Dependents in Receipt of Education Benefits | | This topic contains information on awards involving dependents in receipt of education benefits, including * tracking education folders * providing notification of award actions to RPOs, and * DIC payments to other payees following an election of education benefits. August 2, 2023 ### XIII.i.1.B.3.a. Tracking Education Folders All education folders are kept in the RPOs in Buffalo and Muskogee. **Note:** The parent folder (if it has not been converted into an eFolder) is always stored in a separate office. Even at the RPO, the processing of claims for education benefits is separate from that of other types of claims. **Reference:** For more information on RPO jurisdiction, see [M22-4, Part 3, 1.02](). ### XIII.i.1.B.3.b. Providing Notification of Award Actions to RPOs When an RO takes any award action that affects a claimant’s or beneficiary’s entitlement to education benefits, to include an award action based on an election of education benefits over disability or survivors benefits, the RO must notify the RPO with jurisdiction over the corresponding education folder by sending an e-mail to the RPO’s mailbox: * Buffalo – [VAVBABUF/RO/EDU/CH35](), or * Muskogee – [VAVBAMUS/RO/EDU/CH35](). **Notes:** * This notification is usually accomplished by e-mailing an electronic copy of the award to the RPO. * The RPO of jurisdiction is displayed in the CURRENT LOCATION (of the education folder) field on the Beneficiary Identification Records Locator Subsystem (BIRLS) BENEFICIARY INFORMATION screen. **Reference:** For more information on RPO jurisdiction, see [M22-4, Part 3, 1.02](). ### XIII.i.1.B.3.c. DIC Payments to Other Payees Following An Election of Education Benefits If a child beneficiary in receipt of DIC elects DEA or education benefits under the Fry Scholarship (when concurrent receipt is prohibited), discontinue the DIC payment and provide the increased rates to other payees that are entitled to an increase effective the same date. **Note:** A child over age 18 who is capable of self-support and is receiving DEA may not be considered as a dependent of a surviving spouse for the purposes of establishing income limitations or the rates payable for Survivors Pension. **References:** For more information on * changes in a dependent’s status, see [38 CFR 3.651]() * payments to other payees, see [38 CFR 3.703(c)](), and * elections for children, see [38 CFR 3.704(a)]().