The Congress hereby declares that the educational program established by this chapter is for the purpose of providing opportunities for education to children whose education would otherwise be impeded or interrupted by reason of the disability or death of a parent from a disease or injury incurred or aggravated in the Armed Forces after the beginning of the Spanish-American War, and for the purpose of aiding such children in attaining the educational status which they might normally have aspired to and obtained but for the disability or death of such parent. The Congress further declares that the educational program extended to the surviving spouses of veterans who died of service-connected disabilities and to spouses of veterans with a service-connected total disability permanent in nature is for the purpose of assisting them in preparing to support themselves and their families at a standard of living level which the veteran, but for the veteran’s death or service disability, could have expected to provide for the veteran’s family.
Notes of Decisions
Brian M. Osman v. James B. Peake, 22 Vet. App. 252 (Vet. App. 2008).
· cites it 3× “See 38 U.S.C. § 3500 et seq. That benefit is termed Dependents’ Educational Assistance.”
Erspamer v. Brown, 9 Vet. App. 507 (Vet. App. 1996).
· cites it 3× “Statutory Language The Court notes that the express purpose of DEA under chapter 35 is to provide opportunities for education to children whose education would otherwise be impeded or interrupted by reason of the disability or death of a parent from a disease or injury incurred…”
In Re Marriage of Neilsen & Magrini, 792 N.E.2d 844 (Ill. App. Ct. 2003).
“See 38 U.S.C. § 3500 (2000). However, since a duplication of military benefits is statutorily prohibited, in order to receive disability benefits, a veteran must waive any portion of his military pension that would be duplicative of the disability benefits.”
Darlene S. Cypert v. James B. Peake, 22 Vet. App. 307 (Vet. App. 2008).
· cites it 3× “The Statutory Scheme — 38 U.S.C. § 3500 , et seq. Both parties agree that availability of DEA benefits under section 3512 is limited to a period of 10 years.”
200717-91591 (Board of Vet. App. 2020).
· cites it 2× “38 U.S.C. §§ 3500 , 3501, 5107; 38 C.F.R.”
180918-341 (Board of Vet. App. 2019).
“38 U.S.C. §§ 3500 , 3501, 5110; 38 C.F.R.”
180817-149 (Board of Vet. App. 2019).
“38 U.S.C. §§ 3500 , 3501, 3510; 38 C.F.R.”
181017-1535 (Board of Vet. App. 2019).
“38 U.S.C. §§ 3500 , 3501. A total disability may be assigned where the veteran's service-connected disabilities are rated 100 percent disabling under the rating schedule, or if the veteran is unemployable due to service-connected disabilities.”
181221-1765 (Board of Vet. App. 2019).
“See 38 U.S.C. §§ 3500 , 3501; 38 38 C.F.R. §§ 21.”
190206-3578 (Board of Vet. App. 2019).
“38 U.S.C. §§ 3500 , 3501; 38 C.F.R. §§ 3.”
190712-13108 (Board of Vet. App. 2020).
“38 U.S.C. §§ 3500 , 3501, 3510 (2012); 38 C.”
190923-32655 (Board of Vet. App. 2020).
“38 U.S.C. §§ 3500 , 3501, 3510; 38 C.F.R.”
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