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64.117 SURVIVORS AND DEPENDENTS EDUCATIONAL ASSISTANCE

FEDERAL AGENCY
VETERANS BENEFITS ADMINISTRATION, DEPARTMENT OF VETERANS AFFAIRS

AUTHORIZATION
Public Laws 86-236, 89-358, 90-631, 92-540, 93-508, 94-502, 95-202, 96-466, 98-460, 101-237, 101-508, 102-127, 102-568, 103-446, 104-275, 105-114, 105-206, 106-117, 106-419, 107-103, 107-330,108-183, and 108-454; 38 U.S.C., chapter 35.

OBJECTIVES
To provide educational opportunities to the dependents of certain disabled and deceased veterans.

TYPES OF ASSISTANCE
Direct Payments for Specified Use.

USES AND USE RESTRICTIONS
Participants may pursue: (1) courses at colleges and universities leading to associate, bachelor or graduate degrees (including courses taken via accredited independent study, provided those courses lead to a standard college degree or a certificate that reflects educational attainment offered by an institution of higher learning); (2) courses leading to a certificate or diploma from colleges or universities or from business, technical or vocational schools; (3) apprenticeship or on-the-job training programs; (4) correspondence courses, but only for spouses and surviving spouses; (5) state-approved teacher certification programs; (6) preparatory courses for tests necessary for admission to a college or graduate school; (7) reimbursement for licensing and certification tests approved for veterans; (8) reimbursement for national exams for admission to college or for college credit; (9) courses leading to a high school diploma or equivalent. A special restorative training benefit is available for both children and spouses who need to overcome or lessen the effects of a physical or mental disability so that they will be able to pursue a program of education. A specialized vocational training program is available for those who are not in need of special restorative training but require specialized vocational training because of a mental or physical handicap.

Applicant Eligibility
Spouses, surviving spouses, and children (including stepchild or adopted child) between age 18 and 26 of veterans who died from service-connected disabilities, of living veterans whose service-connected disabilities are considered permanently and totally disabling, of those who died from any cause while such service-connected disabilities were in existence, of servicepersons who have been listed for a total of more than 90 days as currently missing in action, or as currently prisoners of war, a service member 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. Children under the age of 18 may be eligible under special circumstances.

Beneficiary Eligibility
See Applicant Eligibility.

Credentials/Documentation
Military discharge certificate, death certificate or official document verifying POW status or MIA status, marriage certificate, and birth certificate(s).

Preapplication Coordination
None. This program is excluded from coverage E.O. 12372.

Application Procedure
An application, VA Form 22-5490 for a child, spouse or surviving spouse may be obtained from any VA Regional Office and submitted to the appropriate VA Regional Processing Office.

Award Procedure
Awards are authorized at the regional processing office.

Deadlines
None, but the period of eligibility for a spouse generally extends no later than the 10 years from the date the veteran was notified of the service-connected permanent and total disability, or from the date the serviceperson was listed for a total of more than 90 days as currently missing in action or listed as a prisoner of war. The period of eligibility for a surviving spouse generally extends no later than 10 years from the date VA notifies the surviving spouse that the death was service-connected and no later than 20 years for the surviving spouse of a veteran who dies while on active duty. The period of eligibility for a child generally extends to the 26th birthday, subject to certain exceptions.

Range of Approval/Disapproval Time
At least 95.25 percent of applications are processed within 90 days or less in 2006 and 96.98 percent in 2007.

Appeals
Appeals are available through a special board; response time is 109.0 days in 2006 and 112.4 days in 2007.

Renewals
Generally, eligibility for a child terminates at age 26. In some instances, it may be extended. For example, in the case of service in the Armed Forces, eligibility will end 8 years after the first discharge or release from service but in no event beyond age 31.

Formula and Matching Requirements
Not applicable.

Length and Time Phasing of Assistance
Not applicable.

Reports
Monthly certification of enrollment and pursuit for courses not leading to a college degree must be executed by the beneficiary. For college students, verification of pursuit is required near the end of the enrollment period.

Audits
None.

Records
None.

Account Identification
36-0137-0-1-702.

Obligations
(Direct Payments) FY 07 $423,335,000; FY 08 est $450,646,000; and FY 09 est $478,067,000.

Range and Average of Financial Assistance
Per month, institutional training: full time, $881; three-quarters time, $661; half-time, $439. Benefits may be paid for up to a maximum of 45 months. Tutorial assistance up to a maximum of $1,200. Work-Study Allowance: Payment based on the higher of the Federal minimum wage or the State minimum wage where work is performed.

PROGRAM ACCOMPLISHMENTS
In fiscal year 2007, there were 77,436 students trained. Estimates for subsequent periods are: fiscal year 2008, 80,409 students, and fiscal year 2009, 82,728 students.

REGULATIONS, GUIDELINES, AND LITERATURE
38 CFR 21.3001 - 21.3344; "Federal Benefits for Veterans and Dependents," VA Pamphlet 80-0-01, $5.00, available from Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250-7954 or from the online government bookstore at www.bookstore.gpo.gov. The stock number is 051-000-00233-4.

Regional or Local Office
See Appendix IV of the Catalog for Veterans Benefits Administration field offices.

Headquarters Office
Department of Veterans Affairs, Central Office, Washington, DC 20420. Telephone: (202) 461-9800.

Web Site Address
http://www.GIBILL.va.gov

RELATED PROGRAMS
27.002, Federal Employment Assistance for Veterans; 64.102, Compensation for Service-Connected Deaths for Veterans' Dependents; 64.105, Pension to Veterans Surviving Spouses, and Children; 64.110, Veterans Dependency and Indemnity Compensation for Service-Connected Death; 84.007, Federal Supplemental Educational Opportunity Grants; 84.032, Federal Family Education Loans; 84.038, Federal Perkins Loan Program_Federal Capital Contributions; 84.063, Federal Pell Grant Program.

EXAMPLES OF FUNDED PROJECTS
Not applicable.

CRITERIA FOR SELECTING PROPOSALS
Not applicable.


General Services Administration
Office of Chief Acquisition Officer
Regulatory and Federal Assistance Division (VIR)