As Dual Veteran Families we are one of the smallest populations of veterans. This 2025 infographic from the RAND Corporation, states that as of 2022, only 2.7% of veterans were married to other veterans. Even fewer family members are eligible to use the VA Survivors' and Dependents' Educational Assistance Program, also known as "DEA" or "Chapter 35" benefits, earned by both veterans in the family.
Chapter 35 provides educational and training benefits, in the form of a monthly cash stipend, to an eligible spouse and children of a veteran who is permanently and totally disabled due to a service connected condition, died on active duty, or died as a result of a service related condition. When a child of a veteran begins using Chapter 35 educational benefits the veteran parent is no longer entitled to receive the dependent compensation for that child.
It would make sense that the children, in a family with both parents providing Chapter 35 eligibility, would be able to use the benefits earned by each parent for a total of 72 months. However, that is not the way the VA sees it. VA calls this “double dipping” and only allows the children of dual veteran parents to use the 36 months of Chapter 35 benefits through the eligibility of one of their veteran parents or 18 months concurrently from each parent, still capping the total benefits at 36 months. As stated above, by statute, VA stops paying the dependent compensation to that veteran. Additionally VA stops paying the dependent compensation to both (or all) veteran parents or stepparents. This unjustly results in dual or multi veteran families receiving significantly less of a financial benefit per child than that of a single veteran family.
As rare as it is to have families with two veteran parents, with death, divorce, and subsequent remarriages within the military community, there are some families with three or more veteran parents or stepparents. In those families, when a child begins using Chapter 35, the VA stops paying the dependent compensation to ALL the veteran parents rated 30% or higher for that child. The majority of multi veteran families are unaware of this practice until they experience it directly, or hear a rumor from another veteran. Along with finding it illogical and confusing even before the denials and recoupment letters arrive, they quickly come to realize how seriously the sudden lack of funding undermines the educational plans they've made.
Osman v. Peake is the precedential case regarding dual eligibility decided at the United States Court of Appeals for Veterans Claims (CAVC) on October 8, 2008. The son of two permanently and totally disabled veterans appealed a June 22, 2005 decision of the Board of Veterans Appeals (BVA) that denied his entitlement to Dependents' Educational Assistance (DEA) benefits under Chapter 35 of Title 38, United States Code, based on the service of his mother because he had previously been granted such benefits on the basis of his father's service. The Court reversed the Board's decision and essentially held that the son could be considered an eligible person separately under the service status of both his mother and father, and that he was eligible for DEA benefits for benefits derived from the status of each parent.
Our goal is to make the VA Secretary and our members of Congress aware of these unconstitutional takings of significant property rights, and have the VA follow the precedential 3-0 Osman v. Peake decision. Never properly appealed, it is current and binding. Retroactive back awards for those harmed since October 8, 2008, are the equitable relief we seek for both child students and veteran parents.
Image shows veteran usage of the different VA Educational Benefits. The black line on the broken out graph bar shows the tiny estimated number of dual eligible child students using Chapter 35/Dependent Education Allowance.
We believe by joining forces and making our voices heard, we can create necessary change at the Department of Veteran Affairs and positively impact dual and multi veteran families.
Dual Veteran Families Voices
Your family's story could be here too! Email us at ch35dualveteranfamilies@gmail.com today!
Bonnie and the late John (Illinois)
I was counting on Chapter 35 that was earned by both my husband and I, as an only parent since he died funding college for 3 kids is overwhelming, being able to use a benefit we both earned would help so much.
Marissa (Texas)
As a mil to mil, female veteran, we are often overlooked when it comes to service & although not blatantly disregarding my service, it sure feels like it when only one servicemember’s service counts when it comes to education benefits. My service was just as important as my husband’s & therefore should be counted.
Gabby (Pennsylvania)
It is exhausting to be treated as we (dual military) are robbing the system!! We serve independently, my husband could not take my deployments and some times it was harder for us dual military than members with spouses that did not work. Why can’t my daughter use my Chapter 35 and her father's?
Caitlin & Dan (Virginia)
We raised separate right hands in different states long before meeting and marrying, going on to be in uniform for roughly 50 years jointly and object strongly to VA now mischaracterizing our service as "double dipping." This leaves a child in our family with barely a quarter of what we EACH earned for college costs, in clear violation of US law. It's deeply counterintuitive--and makes "thank you for your service" ring hollow--to know that a student with one veteran parent instead of two nets far more for education.
Julie & Kevin (Texas)
We both served our country and we both suffered the consequences of our service. As a result of our individual service we are both entitled to VA disability compensation and all the benefits that come with them. Our family should not be penalized and our children definitely should not receive LESS than a family who only has one veteran that served.
How does that make sense?
Melissa (Florida)
We each served full individual careers and earned our benefits separately. Taking away an entire set of benefits that an individual service member earned is flat out wrong.
Emanuel
I’m not a veteran. But each individual veteran has earned their own benefits which should not be altered just because two veterans decided to start a family. Double dipping is if an individual is actually receiving double benefits.
Lino (Virginia)
My wife and I are both veterans. My daughter and her husband are both veterans. Each has earned their benefits and should not be denied the ability to use them without restriction.
John
Every service member earned their Title and Benefits. Starting a family should not take away from that.