Chapter 35 Veterans Education Benefits
Chapter 35 of Title 38 of the US Code provides federal payments for the educational expenses of the dependents of qualifying veterans. This subsidy is limited to the immediate family members of the veteran, including sons, daughters, and the veteran's spouse. The veteran does not need to personally apply for these benefits, so the dependent can fill out this application.
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Veteran Qualifications
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Chapter 35 benefits are only available to the dependents of soldiers under certain circumstances. If the veteran is killed or permanently injured during active military service, or suffers wounds that lead to death or disability after the veteran leaves active duty, the dependents are eligible. Dependents also qualify if the soldier is captured by enemy forces and is missing in action.
Heir Qualifications
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There are time restrictions on eligibility for Chapter 35 benefits for the veteran's child. The student must normally use the educational assistance while he is at least 18 years old, but not older than 26. If the veteran's child is also an active duty soldier, he can't receive educational assistance while he is serving, but he can apply for an extension based on the time he spends in active duty service, which can increase the maximum age limit to 31.
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Spouse Qualifications
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For the veteran's spouse, there is a 10-year eligibility limit under most circumstances, which increases to 20 years if the veteran dies while on active duty service. The veteran's spouse loses her Chapter 35 benefits eligibility if she remarries, unless she remarries after age 57. If the veteran's spouse gets divorced from her new husband, or her new husband dies before the 10-year period is up, she will be eligible for educational benefits again.
Educational Program
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A student must be enrolled in a qualifying educational program to receive veterans education benefits. According to the Veterans Administration, qualifying programs can include vocational training, community college, part-time education, and other coursework that does not lead to a bachelor's degree. A school may establish additional restrictions on its Chapter 35 program and only allow full-time students, who have declared a major that leads to a four-year degree, to be eligible for funding at that school.
Other Veterans Benefits
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Other military educational benefits programs can affect eligibility for Chapter 35 benefits. According to the Veterans Administration, the maximum benefit period is normally 45 months. If the student qualifies for Veterans Administration assistance other than Chapter 35, a 48-month limit applies to support from all programs. If the student receives GI Bill support for 20 months, he can only receive 28 months of Chapter 35 benefits.
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