The Situation
VA violates the intent of Congress and federal law by not allowing the child of two 100% rated veteran parents to receive two full sets (36 + 36 = 72 months) of Chapter 35 benefits, while taking dependent compensation on behalf of the student away from both veterans.
VA also takes away compensation on behalf of a child student from any veteran parent rated 30-90% married to or divorced from the 100% veteran from whom Chapter 35 eligibility derives.
VA Pamphlet 22-73-3, revised in April 2010, long after Osman v. Peake was decided, and the VA online education benefit comparison tool do not account for dual and multi veteran parent families at all, leading to poor choices if transferred GI Bill benefits are also available. Using GI Bill benefits first would preserve all veterans' dependent compensation while the child is under age 23.
Did you know that a dual veteran family with a child(ren) eligible for Chapter 35 educational benefits from both parents receives less than one full benefit per child?
Dual veteran families with a
second veteran parent rated
30-90% are receiving less as well
Multi Veteran Families are affected too!
