Can a Parent Take Away VA Education Benefits From a Dependent?
Benefits from the Department of Veterans Affairs can be transferred to qualified dependents. These benefits can be revoked, modified, or expire under certain situations.
The U.S. Department of Veterans Affairs (VA) offers multiple education benefits to service members. However, these benefits can also be extended to eligible dependent children, even if these family members never served. The children of a veteran can use their parent's benefits to pay for degree programs and other qualified higher education expenses.
Some students who use these benefits might wonder if they can lose access to their parent's veterans benefits if their relationship with them changes. Your veteran parent can change or cancel their transfer request, only if the funds haven't been awarded.
Can Parents Revoke or Modify VA Benefits To a Dependent?
It is possible to revoke GI Bill benefits your parent intended to transfer to you, even if you meet all eligibility requirements, but only if the funds haven't been awarded yet. Once transfer benefits have been used, it is no longer possible to revoke any funds or cancel the transfer.
However, it is possible to modify dependent benefits before they are transferred and used. Transfer benefits can be revoked for any reason. Sometimes dependents are removed because they no longer qualify to use these benefits, such as being over 23 years of age or not attending school.
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What Is the VA Form for Dependent Removal?
Form 21-686c is used to change or remove the VA dependency status of family members. This form is to be filled out by the veteran or qualified surviving spouse in the case of deceased veterans.
What Is the 5-Year Rule for VA Disability?
The 5-Year Rule for VA Disability Benefits refers to the re-evaluation schedule for disability compensation. The VA Disability Benefit is a program that awards a severity rating to service-connected disability, and then awards compensation based on this rating. Disability rating is reevaluated to make sure that veterans and their families receive an appropriate level of benefits.
How Long Can a Dependent Stay on VA Disability?
A dependent can stay on VA disability for varying lengths of time, based primarily on the severity rating of the disability and the relationship with the veteran claiming the benefits. If a veteran has been permanently disabled, then their children can qualify for the Dependents' Educational Assistance Program, also called the DEA or Chapter 35. This benefit can be used until you turn 26 or if you use Dependency and Indemnity Compensation (DIC). You can't collect from both programs at the same time. Most dependents can claim these benefits for eight years from the effective date (18 to 26).
Is It Possible To Lose a VA Disability Rating?
A VA disability rating is reevaluated as you heal and continue your life. For example, you might be rated 85% in your initial assessment, but that can be reduced upon re-evaluation through the 5-Year Rule. If your Disability Rating drops below 30%, you will lose some of the benefits associated with this program.
What To Do If You Lose Your Educational Benefits
It is possible to lose access to benefits associated with programs like the Post-9/11 GI Bill or DEA based on natural changes, such as aging or enrollment status change. If you lose your education benefits, there are several steps you should take.
Verify the Loss of Benefits
First, you should confirm that your benefits have been lost. Sometimes there are clerical issues that can prevent you from collecting benefits. Start by reviewing the information in your VA account and confirming your dependency status.
Access Your VA Account
Accessing your VA account can be done online. You can review your benefit status and any assigned dependents in your account. If you think the loss of benefits was in error you can submit update requests virtually.
Understand the Cause
Once you've confirmed that your benefit status has changed, you should investigate why the change was made. If your eligibility was revoked, there are two main causes: change in eligibility and administrative errors.
Eligibility Criteria
Eligibility requirements are the main cause of lost benefits. Qualified dependents must be enrolled full-time in a degree program or vocational school to collect education benefits. If your enrollment status changes, you can lose benefits until you return to your full status. The other major requirement is that dependents must be under 23 while collecting benefits.
Administrative Errors
Sometimes changes are made through an administrative or computer error. In this case, you can submit documentation to revert your benefit status to its previous state.
Contact the VA
Contacting the VA to request changes can be done through your va.gov account. You can also use the ChatBot feature or a benefit-specific hotline, such as the GI Bill, or the general benefits hotline.
Seek Assistance from a Veteran Service Organization (VSO)
Multiple organizations assist veterans and their families. Even if you cannot re-qualify for benefits, you might be able to pursue help from alternate sources. These VSOs often work closely with the VA to make sure active duty service members and veterans receive the support services they need.
File an Appeal or Request Reinstatement
If you aren't able to update your benefit status through your va.gov account or a hotline, you might need to submit a formal appeal or request for reinstatement. VA.gov has information on the various forms that need to be submitted for benefit reinstatement with additional information about each.
Explore Alternative Funding
If your benefits truly expired or were revoked, receiving funding for your education is still possible. Students should always fill out their FAFSA online application forms, regardless of dependency status. Your FAFSA results will explain your eligibility for grants and other free money programs to help pay for college or other higher education.
Scholarships
Multiple groups offer scholarships to veterans and their families, such as the Fry Scholarship by the VA to children of service members who died in the line of duty. Reviewing all your available scholarships can help you cover any gaps left by lost benefits.
Work-Study Programs
Work-study programs are jobs either on-campus or through local non-profits that allow students to earn money that can be applied to education costs. These programs are generally coordinated through the Department of Education. Unlike a scholarship or grant, this money is paid to the student who then applies it to their education costs instead of being directly sent to a school.
Student Loans
You can apply for federal or private student loans if you have no other options. These programs allow you to receive the money you need for school with deferred payments until your degree program is completed. Unlike some other programs, loans require repayment. This is why most students use them as a last option.
What Happens to VA Benefits When a Veteran Dies?
When a veteran dies, their benefits are transferred to their designated dependents. If the veteran dies in the line of duty or as a result of a service-connected disability, their children will be eligible for benefit programs like the DEA or the DIC, dependents can only enroll in one program at a time. If the veteran enrolled in the Survivor's Benefit Program, their dependents may receive a monthly payment which can be used for any education or cost of living expenses.
