38 U.S.C. § 3562
Nonduplication of benefits
The commencement of a program of education or special restorative training under this chapter shall be a bar (1) to subsequent payments of compensation, dependency and indemnity compensation, or pension based on the death of a parent to an eligible person over the age of eighteen by reason of pursuing a course in an educational institution, or (2) to increased rates, or additional amounts, of compensation, dependency and indemnity compensation, or pension because of such a person whether eligibility is based upon the death or upon the total permanent disability of the parent.
Notes of Decisions
Cited in 4
cases (2 in the last 5 years), 2008–2025 · leading case: Brian M. Osman v. James B. Peake, 22 Vet. App. 252 (Vet. App. 2008).
Brian M. Osman v. James B. Peake, 22 Vet. App. 252 (Vet. App. 2008). “See 38 U.S.C. § 3562 (nonduplication of benefits); see also 38 U.”
Morris v. Shinseki, 549 F. App'x 973 (Fed. Cir. 2013). “See 38 U.S.C. § 3562 ; 38 C.F.R. § 3.667 (f); 38 C.”
Rodney Wright v. Denis McDonough (Vet. App. 2023). “DEA benefits under [c]hapter 35 by an eligible person is a bar to the continued payment of two types of benefits," specifically, "the subsequent payment to an eligible person over age eighteen who is pursuing a course in an educational institution of compensation, [dependency…”
Wright v. Collins (Fed. Cir. 2025). “§ 1115 (1)(F) on the ground that he was precluded by 38 U.S.C. § 3562 (2) from receiving that com- pensation once his daughter elected to receive direct bene- fits pursuant to the Survivors’ and Dependents’ Educational Assistance (“DEA”) program.”
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