M21-1 · Section VII.ii.1.B

Awards and Adjustments Based Upon School Attendance

M21-1 section VII.ii.1.B. Official source text with a separately reviewed Claim Raven explanation when available.

Claim Raven wrote the explanation that follows. The original VA text appears below it, unchanged.

What this means

m21-1:VII.ii.1.B explains awards and adjustments based upon school attendance. In plain terms, the official guidance says entitlement to compensation or pension based on a child’s school attendance is effective on the date of the child’s 18 th birthday if It also addresses do not adjust an award of disability or survivors benefits because of concurrent receipt of DEA or education benefits under the Fry Scholarship (38 U.S.C. 3311)

How this may help with a claim

Use m21-1:VII.ii.1.B when organizing evidence or checking VA's handling of awards and adjustments based upon school attendance. Compare your application, supporting records, and notice with this source-specific point: Entitlement to compensation or pension based on a child’s school attendance is effective on the date of the child’s 18 th birthday if Do not adjust an award of disability or survivors benefits because of concurrent receipt of DEA or education benefits under the Fry Scholarship (38 U.S.C. 3311) Save proof of submission and identify the exact condition, exception, or missing development step before requesting correction or choosing a review option.

What to review in your file

  • Check the file against this official condition: effective date of payment if
  • Confirm that the record or notice addresses this source point: VA receives a claim 1 year or more after a child turns 18
  • Document how this stated step or exception applies: VII.ii.1.B.1.a. Effective Date of Payment if a Child Was Attending School on Their 18 th Birthday

Important limits

m21-1:VII.ii.1.B explains VA guidance for awards and adjustments based upon school attendance; it does not guarantee an award or replace the statutes, regulations, binding decisions, and review instructions that control an individual claim. Conditions and exceptions still matter, including this source point: Entitlement to compensation or pension based on a child’s school attendance is effective on the date of the child’s 18 th birthday if In order to avoid an interruption of benefits, a beneficiary may submit VA Form 21-674 showing that a child intends to continue attending school

Search terms when useful

Phrases that may help when searching your claim file or this library.

  • Awards and Adjustments Based Upon School Attendance
  • m21-1:VII.ii.1.B
  • Awards Adjustments Based
  • Upon School Attendance
  • Effective Dates Payment
  • effective date payment
  • child
  • attending school their birthday

Original VA guidance

The official VA text of this section

Overview

In This Section

This section contains the following topics:

Scroll sideways to see the full table.

TopicTopic Name
1Effective Dates of Payment
2Concurrent Payment of Department of Veterans Affairs (VA) Education Benefits and Disability or Survivors Benefits
3Adjustment of Disability and Survivors Benefits Based on a Child’s Receipt of VA Education Benefits
4Miscellaneous Award Actions Involving School Attendance
5Handling Notice of a Child’s Intent to Begin or Continue School Attendance at a Future Date
6Verifying a Child’s School Attendance
7Direct Payment of Benefits to Certain School Children
8Claims for Disability or Survivors Benefits From or for a Child Who is Eligible for VA Education Benefits

1. Effective Dates of Payment

Introduction

This topic contains general information on the effective dates of payment of awards based on school attendance, including

  • effective date of payment if
  • a child was
  • attending school on their 18 th birthday, and
  • not attending school on their 18 th birthday, and
  • VA receives a claim 1 year or more after a child turns 18
  • exception to the policy expressed in M21-1, Part VII, Subpart ii, 1.B.1.c
  • effective date of payment of Dependency and Indemnity Compensation (DIC) to a school child, and
  • discontinuing benefits that are based on school attendance.

Change Date

March 2, 2022

VII.ii.1.B.1.a. Effective Date of Payment if a Child Was Attending School on Their 18 th Birthday

Entitlement to compensation or pension based on a child’s school attendance is effective on the date of the child’s 18 th birthday if

  • the Department of Veterans Affairs (VA) receives a claim for benefits based on school attendance within one year of the child’s 18 th birthday, and
  • the child was attending school on their 18 th birthday, or
  • turned 18 during a school break
  • attended school during the term that immediately preceded the break, and
  • resumed school attendance at the end of the break.

If addition of a school child to a compensation or pension award results in an increased rate of payment, 38 CFR 3.31 prohibits payment of the higher rate prior to the first of the month following the child’s 18 th birthday.

Under these circumstances,

  • continue the prior rate of payment through the end of the month in which the child’s 18 th birthday falls, and
  • pay the increased rate effective the first day of the following month.

Note: Continue to include payments of compensation or pension based on school attendance in the award to the Veteran or surviving spouse having actual or constructive custody of the child, even though the child has reached the age of majority, unless direct payment of benefits to the child is warranted under M21-1, Part VII, Subpart ii, 1.B.7.

References: For more information on

  • benefit entitlement during school breaks, see M21-1, Part VII, Subpart ii, 1.A.3
  • constructive custody, see M21-1, Part VII, Subpart i, 3.B.6.c
  • effective dates of payment for Dependency and Indemnity Compensation (DIC) awards to a school child, see M21-1, Part VII, Subpart ii, 1.B.1.e, and
  • benefit payments based on school attendance, see 38 CFR 3.667.

VII.ii.1.B.1.b. Effective Date of Payment if a Child Was Not Attending School on Their 18th Birthday

If VA receives a claim for additional benefits based on school attendance within one year of a child’s 18 th birthday, but the child was not attending school on their birthday, pay the additional benefits effective the first day of the month following the month in which school attendance began.

Exceptions: Follow the instructions in

  • M21-1, Part VII, Subpart ii, 1.B.1.a if the child
  • turned 18 during a school break
  • attended school during the term that immediately preceded the break, and
  • resumed school attendance at the end of the break, or
  • M21-1, Part VII, Subpart ii, 1.B.1.f if the child turned 18 and graduated/ended school within the same month.

Note: The instructions in this block are based on an assumption that 38 CFR 3.31 prohibits the payment of benefits effective the date of entitlement.

Reference: For more information on the payment of benefits based on school attendance, see 38 CFR 3.667.

VII.ii.1.B.1.c. Effective Date of Payment if VA Receives a Claim One Year or More After a Child Turns 18

If VA receives a claim for additional benefits based on school attendance one year or more after a child turns 18, pay the additional benefits effective the first day of the month following the month school attendance began, as long as

  • VA receives the claim within one year of the date school attendance began, and
  • the child did not turn 23 before school attendance began.

Example:

Scenario: A Veteran first files a claim for benefits based on a 20-year-old daughter's school attendance. The Veteran files the claim on October 12, 2011, and concurrently submits VA Form 21-674, Request for Approval of School Attendance, showing school attendance during the following periods:

  • September 6, 2010, through December 22, 2010, and
  • January 3, 2011, through April 29, 2011.

Analysis:

  • Because the Veteran did not file a claim within one year of the date school attendance began in September 2010, the earliest effective date for the payment of benefits based on school attendance is February 1, 2011 (first of the month following the month school attendance began in January 2011).
  • The date on which the latter of the two school sessions began dictates the date the Veteran is entitled to additional benefits for a school child. Had the Veteran simply indicated on VA Form 21-674 that school attendance began September 6, 2010, and ended April 29, 2011, it would have been necessary to undertake development to determine the date on which the latter school session began.

Notes:

  • If school attendance begins at a future date, follow the instructions in M21-1, Part VII, Subpart ii, 1.B.5.b.
  • The instructions in this block are based on an assumption that payment of benefits effective the date of entitlement is prohibited by 38 CFR 3.31.

Exception: M21-1, Part VII, Subpart ii, 1.B.1.d, describes an exception to the policy discussed in this block.

Reference: For more information on the payment of benefits based on school attendance, see 38 CFR 3.667.

VII.ii.1.B.1.d. Exception to the Policy Expressed in M21-1, Part VII, Subpart ii, 1.B.1.c

It is acceptable to pay additional benefits for a school child effective the first day of the month following the month school attendance began – even though VA received the claim for additional benefits one year or more after school attendance began – under the following circumstance:

  • VA makes a decision that results in the assignment of a single or combined disability rating of at least 30 percent (even if the Veteran’s disability rating was already 30 percent or higher, as explained under the Important sublabel in M21-1, Part VII, Subpart i, 1.C.1.c)
  • within one year of the date VA provides notification of the corresponding decision, the Veteran files a claim for additional benefits for a school child, and
  • the school child attended school at any time after the effective date of the disability rating.

Example: The effective date of an award of additional benefits for a school child would be October 1, 2013, in the scenario described below:

  • On August 11, 2016, VA assigned a combined disability rating of 50 percent to a Veteran whose previous combined disability rating was 20 percent.
  • The effective date of the new disability rating is April 5, 2012.
  • VA notified the Veteran of the rating decision on August 12, 2016.
  • On October 2, 2016, the Veteran submitted a claim for additional benefits for an 18-year-old child who began attending school on September 1, 2013.

Important: If the school child referenced in this block was attending school as of the effective date of the new disability rating, the Veteran would be entitled to additional benefits for the school child effective the date of the new disability rating.

Example: The effective date of an award of additional benefits for a school child would be May 1, 2012, in the scenario described below:

  • On August 11, 2016, VA assigned a combined disability rating of 50 percent to a Veteran whose previous combined disability rating was 20 percent.
  • The effective date of the new disability rating is April 5, 2012.
  • VA notified the Veteran of the rating decision on August 12, 2016.
  • On October 2, 2016, the Veteran submitted a claim for additional benefits for an 18-year-old child who began attending school on January 5, 2012.

Reference: For an explanation of the difference between the effective date of entitlement and the effective date of an award (payment) of benefits, see M21-1, Part VI, Subpart i, 1.A.2.b.

VII.ii.1.B.1.e. Effective Date of Payment of DIC to a School Child

A child is independently entitled to DIC if

  • between the ages of 18 and 23
  • attending a VA-accredited school, and
  • not receiving
  • Dependents’ Educational Assistance (DEA), or
  • education benefits under 38 U.S.C. 3311 (Marine Gunnery Sergeant David Fry Scholarship).

Important: M21-1, Part VII, Subpart ii, 1.B.2 describes exceptions to the general prohibition of concurrent payment of DIC and DEA or education benefits under the Fry Scholarship.

Use the table below to determine the proper effective date for payment of DIC to a child who turns age 18 while attending school.

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If VA has been paying …Then the proper effective date for payment of DIC is the …
additional DIC for the child to a surviving spousefirst day of the month after the child’s 18 th birthday.
DIC to the child through a fiduciary, and there is no surviving spousechild’s 18 th birthday.
DIC for the child under an apportioned awardchild’s 18 th birthday. Note: When a surviving spouse exists, the school-child rate is less than the minor child apportioned rate. Therefore, the delayed payment provision of 38 CFR 3.31 does not apply.

References: For more information on

  • school attendance policies, see M21-1, Part VII, Subpart ii, 1.A.1
  • DEA, see M21-1, Part XIII, Subpart i, 1.B
  • initial awards of DIC to a child, see 38 CFR 3.667(a)(3) and (4), and
  • continuing awards of DIC after a child’s 18 th birthday, see 38 CFR 3.667(a)(5).

VII.ii.1.B.1.f. Discontinuing Benefits That Are Based on School Attendance

Any award of benefits based on school attendance will have an end date that corresponds with the date the school child stopped or plans to stop attending school. Accordingly, discontinue benefits that are based on school attendance effective the earlier of the following dates:

  • first day of the month following the month in which school attendance ended or will end, or
  • the child’s 23 rd birthday.

Important: When a minor child who is attending school turns 18 and ceases school attendance within the same month, there is no eligibility to benefits based on school attendance for that month. Therefore, terminate benefits effective the child’s 18th birthday.

References: For more information on

  • the effective date for discontinuing benefits that are based on
  • school attendance, see 38 CFR 3.667(c), and
  • a child, see
  • 38 CFR 3.31
  • 38 CFR 3.503, and
  • 38 U.S.C 5112(a), and
  • handling cases involving
  • a child who stops attending school on a date that is earlier than reported, see M21-1, Part VII, Subpart ii, 1.B.4.c, and
  • a child-apportionee who stops attending school, see M21-1, Part VI, Subpart iv, 2.C.6.b.

2. Concurrent Payment of VA Education Benefits and Disability or Survivors Benefits

Introduction

This topic contains information about concurrent payment of VA education benefits and disability or survivors benefits, including

  • prohibition of concurrent payment of DEA and disability or survivors benefits
  • history of education benefits for dependents under 38 U.S.C. Chapter 33
  • concurrent payment of disability or survivors benefits and education benefits under 38 U.S.C. Chapter 33
  • benefit adjustments before and after a child turns 18
  • other situations under which concurrent payment is allowed, and
  • means for obtaining information about VA’s payment of education benefits.

Change Date

February 27, 2026

VII.ii.1.B.2.a. Prohibition of Concurrent Payment of DEA and Disability or Survivors Benefits

VA may not pay DEA to a child while concurrently paying

  • disability benefits (compensation or pension) for or to (as an apportionment) the same child, or
  • survivors benefits (death compensation, Survivors Pension, or DIC) for or to (including an apportionment) the same child.

Exception: The policy described in the previous paragraph does not apply if the child is

  • under age 18, or
  • age 18 or older and permanently incapable of self-support.

Notes:

  • See M21-1, Part VII, Subpart i, 3.D.1, if the child has two Veteran-parents.
  • VA may pay DEA to a
  • spouse while concurrently paying disability benefits for or to (as an apportionment) the spouse, or
  • surviving spouse while concurrently paying survivors benefits to the spouse.

References: For more information on

  • determining whether a child is permanently incapable of self-support, see M21-1, Part X, Subpart ii, 6.B
  • DEA, see 38 U.S.C. Chapter 35
  • DEA benefits for a child who is permanently incapable of self-support, see M21-1, Part XIII, Subpart i, 1.B.2.b, and
  • concurrent payment of DEA and other VA benefits, see 38 CFR 21.3023(b).

VII.ii.1.B.2.b. History of Education Benefits for Dependents Under 38 U.S.C. Chapter 33

Public Law (PL) 110-252 provided a transferability option under the Post-9/11 GI Bill (38 U.S.C. 3319) that allows service members to transfer all or some of their unused education benefits to their spouse or child(ren). PL 111-377 extended that same option to members of the Commissioned Corps of the Public Health Service and National Oceanic and Atmospheric Administration.

The Department of War (DOW) determines whether or not benefits may be transferred. Once DOW approves a transfer, dependents must apply for the benefit through VA.

PL 111-32 amended the Post-9/11 GI Bill to allow education benefits (under 38 U.S.C. 3311) for the children of service members who die in the line of duty after September 10, 2001, under the Fry Scholarship.

Spouses became eligible for education benefits under the Fry Scholarship (38 U.S.C. 3311) beginning January 1, 2015.

VII.ii.1.B.2.c. Concurrent Payment of Disability or Survivors Benefits and Education Benefits Under 38 U.S.C. Chapter 33

Use the information in the table below to determine whether the concurrent payment of disability or survivors benefits and education benefits under 38 U.S.C. Chapter 33 is allowed or prohibited.

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If...Then...
a spouse and/or child is entitled to education benefits under 38 U.S.C. 3319 (transferred entitlement)concurrent payment of disability or survivors benefits to or for the same spouse and/or child is allowed.
an individual is entitled to education benefits under 38 U.S.C. Chapter 33 based on their own serviceconcurrent payment of disability or survivors benefits to or for the same individual is allowed.
a child is entitled to education benefits under the Fry Scholarship (38 U.S.C. 3311)concurrent payment of disability or survivors benefits for or to (including an apportionment) the same child is prohibited under 38 U.S.C 3322(f), unless the education benefit is for a child that is under age 18, or age 18 or older and permanently incapable of self-support. Notes: Concurrent payment of DIC and education benefits under the Fry Scholarship were not prohibited for those individuals who began a program of education under the Fry Scholarship prior to August 1, 2011. See M21-1, Part VII, Subpart i, 3.D.1.c, if the child has two Veteran-parents.

VII.ii.1.B.2.d. Benefit Adjustments Before and After a Child Turns 18

Do not adjust an award of disability or survivors benefits because of concurrent receipt of DEA or education benefits under the Fry Scholarship (38 U.S.C. 3311)

  • for any period prior to a child’s 18 th birthday
  • for any period between a child’s 18 th birthday and the date of receipt of DEA or education benefits under the Fry Scholarship, provided the child was attending school or was on a routine school break during that same period of time, or
  • while a child is permanently incapable of self-support.

VII.ii.1.B.2.e. Other Situations Under Which Concurrent Payment Is Allowed

A parent may receive additional compensation, pension, or DIC for a child that is concurrently receiving education or vocational rehabilitation benefits based on the child’s status as a Veteran.

Payment of Social Security benefits based on school attendance is not a bar to concurrent payment of disability or survivors benefits based on the same school attendance.

VII.ii.1.B.2.f. Means for Obtaining Information About VA’s Payment of Education Benefits

The table below describes the various means claims processors may use to obtain information about VA’s payment of education benefits to a Veteran’s child(ren).

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MeansType of Information Provided
PAYMENT HISTORY INQUIRY screen in Share Note: The child’s payee number is required to perform an inquiry. Users may obtain this number from the NUMBER SELECTION screen, which is accessible by performing a Beneficiary Identification Records Locator Subsystem (BIRLS) inquiry from the Share READY screen, using the Veteran’s claim/Social Security number (SSN).History of payments of the three types of VA education benefits referenced in M21-1, Part VII, Subpart ii, 1.B.2.a and b. Notes: The entry in the TYPE column indicates whether the payment is for education benefits under 38 U.S.C. Chapter 35 (CH35 EFT), or 38 U.S.C. Chapter 33 (CH33 EFT). The PAYMENT HISTORY INQUIRY screen does not differentiate between payments of education benefits under 38 U.S.C. 3311 and 38 U.S.C. 3319. Accordingly, claims processors may not use this screen to determine whether VA is paying or has paid education benefits under the Fry Scholarship.
regional processing office (RPO) of jurisdictionType of VA education benefit to which VA has granted entitlement. Effective date of the first payment of any type of VA education benefit. Notes: The RPO of jurisdiction is displayed in the CURRENT LOCATION (of the education (EDU) folder) field on the BIRLS BENEFICIARY INFORMATION screen. Submit requests for information from an RPO using the means below, in the order presented, until contact is successful: e-mail telephone, and letter. References: For more information on determining the RPO of jurisdiction, see M22-4, Part 3, 1.02, and RPO e-mail addresses, see M21-1, Part XIII, Subpart i, 1.B.3.b.

Important: Claims processors must

  • document their use of any of the means described in the table above by uploading into the Veteran’s electronic claims folder (eFolder)
  • a copy of the response they receive from an RPO, if applicable, and/or
  • a screen shot of the referenced PAYMENT HISTORY INQUIRY screen, and
  • ensure only the information specifically related to the child under review is uploaded into the eFolder.

Reference: For more information on using BIRLS and Share, see the Share User Guide.

3. Adjustment of Disability and Survivors Benefits Based on a Child’s Receipt of VA Education Benefits

Introduction

This topic contains information about the adjustment of disability and survivors benefits based on a child’s receipt of VA education benefits, including

  • processing notice of an initial award of DEA to a child for or to whom VA is or was paying
  • disability compensation, and
  • disability pension or survivors benefits
  • processing notice of an initial award of education benefits to a child under the Fry Scholarship
  • determining whether to issue a notice of proposed adverse action
  • effective date for adjusting disability or survivors benefits, and
  • overpayments created when an award is adjusted to reflect a child’s election of VA education benefits.

Change Date

March 2, 2022

VII.ii.1.B.3.a. Processing Notice of an Initial Award of DEA to a Child for or to Whom VA Is or Was Paying Disability Compensation

An RPO’s initial award of DEA to a child for or to whom VA is paying disability compensation (including an apportionment) triggers the creation of work item 820, CH35 Duplicate Entitlement. Use the table below to process the work item.

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StepAction
1Did VA pay (or is VA still paying) disability compensation for or to (including an apportionment) the child during a period of time when concurrent payment of DEA and disability compensation is or was prohibited? If yes, clear the work item, and go to the next step. If no, cancel the work item, and disregard the remaining steps in this table. Important: If an initial award of DEA to a child commences at the end of a routine break between school sessions (such as a summer break), disability compensation may be payable to or for the child during the break, according to the policy expressed in M21-1, Part VII, Subpart ii, 1.A.3.d, and M21-1, Part XIII, Subpart i, 1.B.2.b.
2Establish end product (EP) 130 under the Veteran’s name and add Potential Under/Overpayment as a special issue. Exception: If VA is apportioning benefits to the child, take the action described in this step under both the Veteran’s and the child’s name.
3Follow the instructions in the table in M21-1, Part VII, Subpart ii, 1.B.3.d.

Reference: For information on processing 800 series work items, see M21-4, Appendix B, 4.

VII.ii.1.B.3.b. Processing Notice of an Initial Award of DEA to a Child for or to Whom VA Is or Was Paying Disability Pension or Survivors Benefits

When an RPO processes an initial award of DEA to a child to or for whom VA is paying disability pension or survivors benefits, it routes notice of the award to pension management centers through Centralized Mail. Use the table in M21-1, Part VII, Subpart ii, 1.B.3.c, to process the notice.

Reference: For a copy of the notice RPOs send, see the attachment Removal of Dependent Template.pdf, at the bottom of the article for M22-4, Part 7, 4.

VII.ii.1.B.3.c. Processing Notice of an Initial Award of Education Benefits to a Child Under the Fry Scholarship

When an RPO processes an initial award of education benefits to a child under the Fry Scholarship (38 U.S.C. 3311), it routes notice of the award to regional offices (ROs) through Centralized Mail. Use the table below to process the notice.

Reference: For a copy of the notice RPOs send, see the attachment Removal of Dependent Template.pdf, at the bottom of the article for M22-4, Part 7, 4.

Scroll sideways to see the full table.

StepAction
1Did VA pay (or is VA still paying) disability or survivors benefits for or to (including an apportionment) the child during a period of time when concurrent payment of education benefits under the Fry Scholarship and disability or survivors benefits is or was prohibited? If yes, go to the next step. If no, leave an electronic annotation on the RPO’s notice that explains why no award adjustment was necessary, and disregard the remaining steps in this table. Important: If an initial award of education benefits to a child under the Fry Scholarship commences at the end of a routine break between school sessions (such as a summer break), disability or survivors benefits may be payable to or for the child during the break, according to the policy expressed in M21-1, Part VII, Subpart ii, 1.A.3.d, and M21-1, Part XIII, Subpart i, 1.B.2.b. Reference: For more information on annotating electronic documents in an eFolder, see the Veterans Benefits Management System (VBMS) Core User Guide.
2Is the child receiving survivors benefits in their own right or an apportionment of disability or survivors benefits? If yes, establish EP 130 under the child’s name add Potential Under/Overpayment as a special issue, and go to the next step. If no, go to Step 4.
3Is the child receiving an apportionment of disability or survivors benefits? If yes, go to the next step. If no, go to Step 5.
4Establish EP 130 under the primary beneficiary’s name and add Potential Under/Overpayment as a special issue.
5Follow the instructions in M21-1, Part VII, Subpart ii, 1.B.3.d.

VII.ii.1.B.3.d. Determining Whether to Issue a Notice of Proposed Adverse Action

If concurrent payment of education benefits (DEA or education benefits under the Fry Scholarship) and disability or survivors benefits is prohibited under M21-1, Part VII, Subpart ii, 1.B.2, determine whether the disability or survivors benefit may be adjusted without issuing a notice of proposed adverse action.

If the child is

  • receiving survivors benefits in their own right or an apportionment of disability or survivors benefits,
  • stop paying benefits (including an apportionment) to the child without issuing a notice of proposed adverse action, and
  • send the child contemporaneous notice of the action taken, or
  • included as a dependent on a compensation, pension, or DIC award, follow the instructions in the table below.

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If notice of the concurrent payment of benefits came from...Then...
a source other than the primary beneficiary, such as an RPOclear the pending EP 130 establish EP 600, using the CH35 Dependent Removal Due Process claim label, and send the primary beneficiary a notice of proposed adverse action before removing the child from their award.
the primary beneficiaryremove the child from the primary beneficiary’s award without issuing a notice of proposed adverse action, and send the primary beneficiary contemporaneous notice of the action taken. Note: If the primary beneficiary failed to provide the effective date of the first payment of education benefits use the information M21-1, Part VII, Subpart ii, 1.B.2.f, provides to determine the effective date, and adjust the primary beneficiary’s award.

Reference: For more information on award adjustments when VA is paying disability or survivors benefits for a child under a consolidated award before an election to receive education benefits is made, see

  • M21-1, Part XIII, Subpart i, 1.B.3.c
  • 38 CFR 3.651
  • 38 CFR 3.703(c), and
  • 38 CFR 3.704(a).

VII.ii.1.B.3.e. Effective Date for Adjusting Disability or Survivors Benefits

According to 38 CFR 3.503(a)(8), the effective date for reducing or discontinuing disability or survivors benefits, including an apportionment, based on a child’s receipt of education benefits (DEA or education benefits under the Fry Scholarship), is the “[d]ay preceding beginning date of educational assistance allowance.” VA’s claims-processing systems pay benefits through that day, making the next day (the effective date of the initial grant of entitlement to education benefits) the

  • first day of non -payment of disability or survivors benefits, and
  • date claims processors must ensure appears in the
  • AWARD EFF. DT. field on the RECORD DECISIONS – DEPENDENCY screen, and
  • AWARD EFFECTIVE DATE field on the RECORD DECISIONS – ALLOTMENTS screen (if also discontinuing an apportionment to the child).

Important: If an initial award of VA education benefits (DEA or education benefits under the Fry Scholarship) to a child commences at the end of a routine break between school sessions (such as a summer break), disability or survivors benefits may be payable to or for the child during the break, according to the policy expressed in

  • M21-1, Part VII, Subpart ii, 1.A.3.d, and
  • M21-1, Part XIII, Subpart i, 1.B.2.b.

VII.ii.1.B.3.f. Overpayments Created When an Award Is Adjusted to Reflect a Child’s Election of VA Education Benefits

Any overlap in the payment of education benefits (DEA or education benefits under the Fry Scholarship) and disability or survivors benefits

  • requires adjustment of the disability or survivors benefit, and
  • will result in the creation of an overpayment.

If, during the overlap in payments, VA paid disability or survivors benefits

  • to the child, including an apportionment,
  • claims processors must notify the RPO of jurisdiction (by e-mail) of the overpayment
  • the RPO will notify its finance activity, and
  • the finance activity will recoup the overpayment from the initial payment of education benefits to the child, or
  • for the child, to a Veteran or surviving spouse, VA will create an overpayment in the Veteran’s or surviving spouse’s account.

Note: The RPO of jurisdiction is displayed in the CURRENT LOCATION (of the EDU folder) field on the BIRLS BENEFICIARY INFORMATION screen.

References: For more information on

  • determining the RPO of jurisdiction, see M22-4, Part 3, 1.02
  • RPO e-mail addresses, see M21-1, Part XIII, Subpart i, 1.B.3.b, and
  • handling an overpayment resulting from the concurrent payment of DEA and disability or survivors benefits, see VBA Letter 20-01-13, DEA (Dependents' Educational Assistance) Claims - Chapter 35.

4. Miscellaneous Award Actions Involving School Attendance

Introduction

This topic contains information on miscellaneous award actions involving school attendance, including

  • transfers to a different school reported by a beneficiary
  • third-party notice of a change in school status
  • early termination of school attendance
  • death or marriage of a school child
  • school children that VA determines are permanently incapable of self-support, and
  • DIC awards based on school attendance or permanent incapacity for self-support.

Change Date

February 27, 2026

VII.ii.1.B.4.a. Transfers to a Different School Reported by a Beneficiary

A transfer to a different school is relevant for the purposes of payment of benefits for school children only when the transfer results in any one of the following changes in status:

  • a break in continuous enrollment
  • a difference in accreditation status, or
  • a change to or from a wholly federally-funded institution or program.

When VA Form 21-674 or equivalent information shows a transfer to another school that

  • does not result in one or more of the changes described above, no benefit adjustment is required, or
  • results in one of the status changes described above,
  • treat the status change as an early termination of school attendance (for the purposes of this block), and
  • follow the instructions in M21-1, Part VII, Subpart ii, 1.B.4.c.

Note: There is no requirement to report attendance at different educational institutions on separate copies of VA Form 21-674. The form or equivalent information need only indicate whether continuous enrollment at an accredited education institution has been maintained and whether the attendance is wholly funded by the Federal government as described in 38 CFR 3.667(f).

Reference: For more information on handling substantially complete forms that are missing information, see M21-1, Part VII, Subpart i, 1.A.4.e.

VII.ii.1.B.4.b. Third-Party Notice of a Change in School Status

Additional development to a beneficiary is required when information is received from a third party that reports any of the following status changes:

  • a break in continuous enrollment
  • a difference in accreditation status, or
  • a change to or from a wholly federally funded institution or program.

When information showing one of the status changes above has been received from a third party, follow the steps in the table below.

Scroll sideways to see the full table.

StepAction
1Send notice to the beneficiary that unless VA Form 21-674 is completed and returned within 30 days, VA will discontinue the benefits it is paying that are based on school attendance.
2Establish EP 130 to control for return of the form and add Potential Under/Overpayment as a special issue.
3Did the beneficiary return VA Form 21-674 (or provide the information the form requests to one of VA’s national call centers (NCCs)) within 30 days? If yes, clear the EP 130 or amend the award under this EP (if information contained on VA Form 21-674 necessitates an adjustment) send a decision notice to the beneficiary, and take no further action. If no, go to the next step.
4Clear the EP 130.
5Determine the effective date of the proposed reduction or discontinuance by treating the change in schools as an early termination of school attendance (for the purpose of this block), and following the instructions in M21-1, Part VII, Subpart ii, 1.B.4.c.
6Send a notice of proposed adverse action that contains the elements in M21-1, Part X, Subpart ii, 3.A, and instructs the beneficiary to provide a response within 60 days.
7Establish EP 600 to control for a response and add Potential Under/Overpayment as a special issue.
8Did the beneficiary return VA Form 21-674 (or provide the information the form requests to one of VA’s NCCs) within the additional 65-day period? If yes, clear the EP 600 or amend the award under this EP (if information contained on VA Form 21-674 necessitates an adjustment), and send a decision notice to the beneficiary. If no, discontinue benefits that are based on school attendance from the effective date selected in Step 5, and send a decision notice to the beneficiary. Reference: For more information on the elements a decision notice must contain, see M21-1, Part VI, Subpart i, 1.B.1.b.

Important:

  • If VA Form 21-674 is returned after the school child has been removed from the award, the policies in M21-1, Part VII, Subpart ii, 1.B.1, will be used in determining the effective date for adding an eligible school child. The date of receipt of the VA Form 21-674 is the date the claim for benefits based on school attendance was received.
  • If VA Form 20-0995, Decision Review Request: Supplemental Claim, including the required information to add an eligible school child, is received within a year of the corresponding decision notice, the claim is considered continuously pursued. Determine the effective date in accordance with M21-1, Part VII, Subpart ii,1.B.1 based on the date of receipt of the initial claim.

Reference: For more information on continuously pursued claim effective dates, see

  • 38 CFR 3.2500(h)(1), and
  • M21-1, Part X, Subpart ii, 2.A.3.

VII.ii.1.B.4.c. Early Termination of School Attendance

If a child stops attending school from a date earlier than the beneficiary originally reported, discontinue or reduce the award effective the first day of the month following the month in which school attendance ended.

Exception: If an award is running that pays additional compensation for a school child during a regularly scheduled vacation period (based on an expectation the child will return to school at the end of that period), but the child does not return to school, discontinue or reduce the award effective the earlier of the following dates:

  • the date in the LAST PAID DATE field on the CURRENT AND HISTORICAL AWARD INFORMATION page in VBMS, or
  • first day of the month school was scheduled to resume.

Notes:

  • Provide a notice of proposed adverse action prior to discontinuing or reducing an award if information is received from someone other than the payee.
  • Beneficiaries should use VA Form 21-674b, School Attendance Report, to report early termination of school attendance, or notify VA by telephone or e-mail.
  • Handle information received by telephone as shown in M21-1, Part III, Subpart i, 2.D.1.f.

References: For more information on the

  • policies expressed in this block, see 38 CFR 3.667, and
  • specific requirements for notices of proposed adverse action, see M21-1, Part X, Subpart ii, 3.A.

VII.ii.1.B.4.d. Death or Marriage of a School Child

If a school child on a Veteran’s or surviving spouse’s award dies or marries, follow the instructions in M21-1, Part VII, Subpart i, 1.C.4.g.

VII.ii.1.B.4.e. School Children That VA Determines Are Permanently Incapable of Self-Support

When VA’s rating activity determines a school child is permanently incapable of self-support, t he effective date of the change in status is the earlier of the following dates:

  • child’s 23 rd birthday, or
  • first of the month following the month school attendance ends.

Reference: For more information on determining whether a child is permanently incapable of self-support, see M21-1, Part X, Subpart ii, 6.B.

VII.ii.1.B.4.f. DIC Awards Based on School Attendance or Permanent Incapacity for Self-Support

Make payments of DIC under a separate award for a child who is over age 18 and

  • attending school, and/or
  • permanently incapable of self-support.

Notes:

  • Make the payment under a separate award, even though
  • the child may be in the custody of a surviving spouse in receipt of DIC, and
  • VA is paying the separate award to the surviving spouse as the child’s custodian under 38 U.S.C. 5502.
  • If VA was paying DIC for the child to a surviving spouse prior to the child’s 18 th birthday, the child does not have to submit their own application for DIC.

References: For more information on

  • the payment of DIC directly to a school child who has reached the age of majority, see M21-1, Part VII, Subpart ii, 1.B.7.a, and
  • VA’s authority to pay DIC to a
  • school child who has reached age 18, see 38 CFR 3.667(a), or
  • child who is permanently incapable of self-support, see 38 CFR 13.30.

5. Handling Notice of a Child’s Intent to Begin or Continue School Attendance at a Future Date

Introduction

This topic contains information about the process for handling notice of a child’s intent to begin or continue school attendance at a future date, including

  • payment of benefits based on school attendance in the future or when a child turns 18, and
  • confirming a child began or continued attending school.

Change Date

February 27, 2026

VII.ii.1.B.5.a. Payment of Benefits Based on School Attendance in the Future or When a Child Turns 18

In order to avoid an interruption of benefits, a beneficiary may submit VA Form 21-674 showing that a child intends to continue attending school

  • upon turning 18, or
  • following a routine school break, as defined in M21-1, Part VII, Subpart ii, 1.A.3.b.

Upon receipt of VA Form 21-674 showing an intent to begin or continue school attendance at a future date,

  • take award action to continue the payment of benefits based on school attendance, and
  • follow the instructions in M21-1, Part VII, Subpart ii, 1.B.5.b.

Exception: Do not take the award action described in this block earlier than three months before a school child’s 18 th birthday. Follow the instructions in the table below if the date of receipt of a VA Form 21-674 precedes the date of a school child’s 18th birthday by more than three months.

Scroll sideways to see the full table.

StepAction
1Is the date the school child will turn 18 now three months or less in the future (because of claims-processing delays)? If yes, go to Step 4. If no, go to the next step.
2Cancel EP 130, if pending.
3Prepare a locally generated letter under EP 400 that instructs the claimant to submit a new VA Form 21-674 when the school child is within three months of their 18 th birthday. Clear the EP 400 after generating the letter. Disregard the remaining steps in this table.
4Attempt to contact the claimant by telephone to confirm that the entries the claimant made on VA Form 21-674 are still accurate and current. Note: Follow the instructions in M21-1, Part III, Subpart i, 2.D.B.1.e for documenting attempts to contact a claimant by telephone.
5Were attempts to obtain the confirmation referenced in Step 4 successful? If yes, take award action to continue the payment of benefits based on school attendance, and follow the instructions in M21-1, Part VII, Subpart ii, 1.B.5.b. If no, cancel EP 130, if pending prepare a locally generated letter under EP 400 that instructs the claimant to submit a new VA Form 21-674, and clear the EP 400 after generating the letter.

Note: RO and NCC employees may complete and sign VA Form 21-674 on a claimant’s behalf, per M21-1, Part VII, Subpart i, 1.A.4.j.

VII.ii.1.B.5.b. Confirming a Child Began or Continued Attending School

After taking award action to continue the payment of benefits for a child who intends to begin or continue attending school at a future date, follow the steps in the table below.

Scroll sideways to see the full table.

StepAction
1Send VA Form 21-674b with the decision notice. Advise the beneficiary to complete the form and return it within 60 days after attendance is supposed to begin, or within 60 days after the child turns 18 (if the child is turning 18 during a school session), and VA will reduce or terminate benefits if it does not receive the form within the 60-day period.
2Establish a diary under diary code 21, Verify School Attendance, that expires the month after a 60-day period that begins the date the beneficiary indicated (on VA Form 21-674) that school attendance would begin, or on the child’s 18 th birthday (if the child is turning 18 during a school session).
3Did the beneficiary return VA Form 21-674b (or provide information the form requests to one of VA’s NCCs) before the diary referenced in Step 2 expired? If yes, clear the diary established in Step 2 (if it is still pending), and go to the next step. If no, confirm that an EP 130 – Dependency 674 or PMC Dependency 674 has been automatically established add Potential Under/Overpayment as a special issue, and go to Step 7. Note: In lieu of a VA Form 674b, a telephone call to or from the beneficiary providing information requested on the form is acceptable. Document and/or upload into the eFolder all such communication with the beneficiary.
4Does the VA Form 21-674b contain information (such as a different start date for the school session) that requires an adjustment of the beneficiary’s award? If yes, go to the next step. If no, clear an EP 692, and disregard the remaining steps in this table.
5Establish EP 130. If the adjustment referenced in Step 4 will create an overpayment, add Potential Under/Overpayment as a special issue, as well. Note: Use the date VA received the VA Form 21-674b as the date of claim when establishing EP 130.
6Adjust the beneficiary’s award under the pending EP 130 and go to Step 14.
7Under the pending EP 130, suspend payments to or for the child effective the date in the LAST PAID DATE field on the CURRENT AND HISTORICAL AWARD INFORMATION page in VBMS.
8Determine the effective date of the proposed reduction or discontinuance, using the earlier of the following: the date in the LAST PAID DATE field on the CURRENT AND HISTORICAL AWARD INFORMATION page in VBMS first day of the month in which school attendance was scheduled to begin, or the child’s 18 th birthday (consider using this date only if VA sent VA Form 21-674b to the beneficiary to request confirmation that their child was still attending school when the child turned 18). Reference: For more information on the effective date for reducing or discontinuing benefits based on failure to confirm school attendance at a future date, see 38 CFR 3.667(b).
9Establish EP 600 and add Potential Under/Overpayment as a special issue.
10Send the beneficiary a notice of proposed adverse action that includes another VA Form 21-674b contains the elements described in M21-1, Part X, Subpart ii, 3.A.2, and instructs the beneficiary to reply within 60 days.
11Did the beneficiary return VA Form 21-674b (or provide the information the form requests to one of VA’s NCCs) within 65 days? If yes, go to the next step. If no, discontinue benefits under the EP 600 from the effective date selected in Step 8, and go to Step 14. Notes: In lieu of a VA Form 674b, a telephone call to or from the beneficiary providing information requested on the form is acceptable. Document and/or upload into the eFolder all such communication with the beneficiary. If the child was receiving benefits under a separate or apportioned award, simultaneously adjust any other affected award to increase the rate payable to other payees based on termination of the child’s entitlement. When increasing benefits to other payees based on the loss of a dependent, the effective date of entitlement to and payment of the increase is the same as the effective date selected in Step 8. It is unnecessary to apply the provisions of 38 CFR 3.31, because the total award amount was reduced to reflect loss of the school child.
12Determine whether the child began attending school on the date the beneficiary indicated on the VA Form 21-674 that preceded the VA Form 21-674b, or was still in school as of their 18 th birthday (if VA requested confirmation of school attendance for this reason).
13Reinstate or amend (as needed) benefits under the pending EP 600.
14Notify the beneficiary of the action taken. Reference: For information on the elements a decision notice must contain, see M21-1, Part VI, Subpart i, 1.B.1.b.

Important:

  • If VA Form 674b is returned after the school child has been removed from the award for failure to return the form, the policies in M21-1, Part VII, Subpart ii, 1.B.1 will be used in determining the effective date for adding the school child. The date of receipt of the VA Form 674b is the date the claim for benefits based on school attendance was received.
  • If VA Form 20-0995, including the required information to add an eligible school child, is received within a year of the corresponding decision notice, the claim is considered continuously pursued. Consider the effective date in accordance with M21-1, Part VII, Subpart ii,1.B.1 based on date of receipt of the initial claim.

Reference: For more information on continuously pursued claim effective dates, see

  • 38 CFR 3.2500(h)(1), and
  • M21-1, Part X, Subpart ii, 2.A.3.

6. Verifying a Child’s School Attendance

Introduction

This topic contains information about verifying a child’s school attendance, including

  • certifying school attendance with VA Form 21-8960-1, Certification of School Attendance or Termination
  • schedule for mailing VA Form 21-8960-1
  • action to take when the Hines Information Technology Center (ITC) is unable to issue VA Form 21-8960-1
  • processing VA Form 21-8960-1
  • failure to certify school attendance, and
  • avoiding concurrent payment of VA education benefits and disability or survivors benefits.

Change Date

March 2, 2022

VII.ii.1.B.6.a. Certifying School Attendance With VA Form 21-8960-1

At least once each year, VA requires each beneficiary who receives additional benefits for a school child to certify the child is attending school and intends to continue doing so through the date school attendance is scheduled to end. VA does this by requiring the beneficiary to

  • complete and return VA Form 21-8960-1, Certification of School Attendance or Termination, or
  • provide the information the form requests to one of VA’s NCCs.

Important: If VA does not receive certification of school attendance, it may discontinue benefits payable to or for the child.

References: For more information on

  • processing VA Form 21-8960-1, see M21-1, Part VII, Subpart ii, 1.B.6.d, and
  • VA’s schedule for mailing VA Form 21-8960-1, see M21-1, Part VII, Subpart ii, 1.B.6.b.

VII.ii.1.B.6.b. Schedule for Mailing VA Form 21-8960-1

VA automatically generates and mails VA Form 21-8960-1 to beneficiaries who are receiving benefits based on school attendance

  • each March, and/or
  • two months before the date school attendance is scheduled to end, unless the end date is in June.

Concurrent with this action, a diary under diary code 22 is automatically established in the corporate record to control for return of the form within 60 days.

Reference: For more information about diary controls, see the

  • Share User Guide, and
  • VBMS Awards User Guide.

VII.ii.1.B.6.c. Action to Take When the Hines ITC Is Unable to Issue VA Form 21-8960-1

When the Hines Information Technology Center (ITC) cannot issue VA Form 21-8960-1, VA’s claims-processing system generates work item 882H, School Child Verification Letter Not Sent. When the work item appears in an RO's inventory, the RO must send the beneficiary a VA Form 21-8960-1.

To control for return of the form,

  • establish a future diary under diary code 30, Local Regional Office Special Use, in Share that expires the month after a 60-day period that begins the later of the following dates:
  • the date the work item was generated, or
  • the date the RO sent the form to the beneficiary, and
  • enter the comment School Child Verification Development in the COMMENT text box.

Reference: For more information on 800 series work items, see M21-4, Appendix B.

VII.ii.1.B.6.d. Processing VA Form 21-8960-1

Follow the instructions in the table below following receipt of a completed VA Form 21-8960-1.

Scroll sideways to see the full table.

If VA Form 21-8960-1 indicates …Then …
the child is attending the same school, or has switched schools without a break in continuous enrollment, and the date on which the child plans to stop attending school remains the sameclear an EP 692, and cancel the diary referenced in M21-1, Part VII, Subpart ii, 1.B.6.b or c (whichever applies).
the child has changed schools with a break in continuous enrollment Note: Follow the procedures in M21-1, Part VII, Subpart ii, 1.A.1.d to determine the accreditation status based on the name of the school reported on VA Form 21-8960-1. When accreditation cannot be verified using those procedures, attempt to contact the claimant to verify accreditation status.cancel the diary referenced in M21-1, Part VII, Subpart ii, 1.B.6.b or c (whichever applies) establish EP 130 add Potential Under/Overpayment as a special issue send VA Form 21-674 to the beneficiary, and instruct the beneficiary to complete and return the form to VA within 30 days. Note: If the beneficiary fails to respond within 30 days, follow the instructions in M21-1, Part VII, Subpart ii, 1.B.4.b, beginning with Step 4.
the child has changed schools, and continuous enrollment has been maintained, but accreditation status cannot be confirmed via the means outlined in M21-1, Part VII, Subpart ii, 1.A.1.dcancel the diary referenced in M21-1, Part VII, Subpart ii, 1.B.6.b or c (whichever applies) establish EP 130 add Potential Under/Overpayment as a special issue send VA Form 21-674 to the beneficiary, and instruct the beneficiary to complete and return the form to VA within 30 days. Note: If the beneficiary fails to respond within 30 days, follow the instructions in M21-1, Part VII, Subpart ii, 1.B.4.b, beginning with Step 4.
the child plans to stop attending school on a different dateestablish EP 130 cancel the diary referenced in M21-1, Part VII, Subpart ii, 1.B.6.b or c (whichever applies) prepare an amended award to adjust the date on which benefits based on school attendance will end, and send contemporaneous notice to the beneficiary. Reference: For more information on providing contemporaneous notice, see M21-1, Part X, Subpart ii, 3.C.

VII.ii.1.B.6.e. Failure to Certify School Attendance

If a beneficiary fails to return VA Form 21-8960-1 within 60 days, the diary referenced in M21-1, Part VII, Subpart ii, 1.B.6.b expires (because it was never cleared). When this occurs, VA’s claims-processing system generates an EP 130 – Dependency 674 or PMC Dependency 674.

Follow the steps in the table below in response to an EP 130 indicating a beneficiary failed to return VA Form 21-8960-1 within 60 days.

Scroll sideways to see the full table.

StepAction
1Review the claims folder to determine the date of the last communication with VA that showed the child was attending school. Note: Accept the most recent communication that confirms the child’s attendance at school, and does not conflict with other evidence in the claims folder.
2Clear EP 130.
3Establish EP 600 and add Potential Under/Overpayment as a special issue.
4Send a notice of proposed adverse action that contains the elements in M21-1, Part X, Subpart ii, 3.A.2 includes VA Form 21-674 or 21-8960-1, and instructs the beneficiary to return the completed form within 60 days. Note: The proposed effective date for the reduction or discontinuance of benefits is the first of the month following the date identified in Step 1.
5Did the beneficiary return VA Form 21-674 or 21-8960-1 (or provide certification of school attendance to one of VA’s NCCs) within the additional 65-day period? If yes, clear the EP 600 or amend the award under this EP (if information the beneficiary provides necessitates an adjustment), and send a decision notice to the beneficiary. If no, take the action proposed in the notice of proposed adverse action under the EP 600, and send a decision notice to the beneficiary. Reference: For information on the elements a decision notice must contain, see M21-1, Part VI, Subpart i, 1.B.1.b.

VII.ii.1.B.6.f. Avoiding Concurrent Payment of VA Education Benefits and Disability or Survivors Benefits

Claims processors must follow the steps in the table below each time they process VA Form 21-8960-1, 21-674, or 21-674b.

Scroll sideways to see the full table.

StepAction
1Perform a BIRLS inquiry from the Share READY screen, using the Veteran’s claim number/SSN.
2Does the child’s name appear in a row on the NUMBER SELECTION screen? If yes, go to the next step. If no, pay or continue paying disability or survivor benefits to or for the child, if entitlement otherwise exists, and disregard the remaining steps in the table.
3Double-click on the row with the child’s name in it.
4Does the BIRLS BENEFICIARY INFORMATION screen show the child has an EDU folder? If yes, note the child’s payee number, and go to the next step. If no, pay or continue paying disability or survivor benefits to or for the child, if entitlement otherwise exists, and disregard the remaining steps in the table.
5Perform a payment history inquiry from the Share READY screen, using the Veteran’s claim number/SSN, and child’s payee number.
6Does the PAYMENT HISTORY INQUIRY screen show the child is receiving or has received VA education benefits? If yes, go to the next step. If no, pay or continue paying disability or survivor benefits to or for the child, if entitlement otherwise exists, and disregard the remaining steps in the table.
7If the child is receiving or has received education benefits under 38 U.S.C. Chapter 35, go to Step 9, or 38 U.S.C. Chapter 33, go to the next step.
8Use the information M21-1, Part VII, Subpart ii, 1.B.2.f provides to determine under which of the following statutes VA paid education benefits to the child: 38 U.S.C. 3311, or 38 U.S.C. 3319.
9Do the instructions expressed in M21-1, Part VII, Subpart ii, 1.B.2 allow for the payment of VA education benefits to the child, with concurrent payment of compensation, pension, or DIC to or for the same child? If yes, pay or continue paying disability or survivor benefits to or for the child, if entitlement otherwise exists. If no, follow the instructions in the table in M21-1, Part VII, Subpart ii, 1.B.3.c, starting with Step 2.

7. Direct Payment of Benefits to Certain School Children

Introduction

This topic contains information about the direct payment of benefits to certain school children, including

  • payment of benefits to a school child after the age of majority
  • information required to pay benefits directly to a child, and
  • authority to sign VA Form 21-674.

Change Date

February 27, 2026

VII.ii.1.B.7.a. Payment of Benefits to a School Child After the Age of Majority

If VA is paying benefits to a child through a fiduciary (to include a parent who is acting as the child’s custodian under 38 U.S.C. 5502) solely because the child is a minor, 38 CFR 13.30 requires VA to start paying benefits directly to any such child who subsequently reaches the age of majority while attending school.

Important: This policy also applies to a school child who is receiving DIC based on school attendance under the provisions of M21-1, Part VII, Subpart ii, 1.B.4.f.

Note: The age of majority

  • is the age at which an individual is legally considered an adult, and
  • varies by State.

Reference: For more information on the age of majority in each State and territory, see M21-1, Part X, Subpart ii, 6.E.3.c.

VII.ii.1.B.7.b. Information Required to Pay Benefits Directly to a Child

As stated in M21-1, Part X, Subpart ii, 6.E.3.b, when an RO initially awards benefits to a minor child through a fiduciary (custodian/guardian), it concurrently establishes a diary that will expire before the child reaches the age of majority.

Upon expiration of the diary, follow the steps in the table below to determine whether the child is entitled to the direct payment of benefits based on school attendance.

Scroll sideways to see the full table.

StepAction
1Send a locally generated letter to the address of the child’s fiduciary that asks the child to provide the following to VA within 60 days: the child’s current mailing address, and verification that the child remains unmarried, and is still attending school.
2Establish EP 130 to control for a response from the child and add Potential Under/Overpayment as a special issue.
3Did the child provide the information requested in Step 1 within 60 days? If yes, go to the next step. If no, go to Step 6.
4Is the child on an award with another child or children? If yes, go to Step 5. If no, ask the fiduciary hub of jurisdiction (by e-mail) to use the CHANGE OF FIDUCIARY (CFID) command on the Share READY screen to replace the name of the fiduciary with the child’s name as payee, and enter 000 in the FIDUCIARY FILE LOCATION field to remove the principal guardianship folder (PGF) location document the reason for asking the fiduciary hub to make the requested change by entering a note in VBMS, and go to the next step after the fiduciary hub confirms it has taken the requested action. Rationale: Removing the PGF location prevents the issuance of unnecessary fiduciary messages, such as a notice of rejection based on a user’s failure to change an address using the CFID command. References: For more information on contacting the fiduciary hub of jurisdiction, see M21-1, Part X, Subpart ii, 6.C.1.d, and using the CFID command, see the Share User Guide.
5Authorize direct payment to the child, under EP 130, effective the earlier of the following: the first of the month in which the child reached the age of majority, or the date in the LAST PAID DATE field on the CURRENT AND HISTORICAL AWARD INFORMATION page in VBMS, if such payment will be received on or after the child reaches the age of majority. Send a decision notice to the school child. Disregard the remaining steps in this table. Reference: For more information on VA’s authority to make direct payments to a child who has reached the age of majority, see 38 CFR 3.403(a)(2), and 38 CFR 13.30.
6Clear EP 130.
7Send a notice of proposed adverse action that contains the elements in M21-1, Part X, Subpart ii, 3.A.2, and instructs the beneficiary to provide the information referenced in Step 1 within 60 days or benefits will be discontinued. Note: The proposed effective date for the discontinuance of benefits is the later of the following: the date the child turns 18, or the first of the month following the month in which the evidence of record confirms the child last attended school.
8Establish EP 600 and add Potential Under/Overpayment as a special issue.
9Did the child provide the information requested within the additional 65-day period? If yes, go back to Step 4. If no, suspend the award effective the date in the LAST PAID DATE field on the CURRENT AND HISTORICAL AWARD INFORMATION page in VBMS, and send notice of the action taken to the child. Reference: For more information on the elements a decision notice must contain, see M21-1, Part VI, Subpart i, 1.B.1.b.
10The table below describes the actions an RO must take after suspending benefits because a child failed to provide the information it requested in Step 1.

VII.ii.1.B.7.c. Authority to Sign VA Form 21-674

Use the table below to determine who has authority to sign VA Form 21-674.

Scroll sideways to see the full table.

If …And …Then authority to sign VA Form 21-674 resides with the …
a Veteran is receiving benefits for a dependent child---Veteran.
a child is eligible for benefits under an apportioned award, or DICthe child has reached the age of majoritychild.
a surviving spouse is receiving survivors pension for a child---surviving spouse.
VA is paying benefits to a child through a fiduciarythe child has not reached the age of majorityfiduciary.
a surviving spouse is receiving DIC for the child---surviving spouse.

Note: A claimant’s representative (power of attorney or employee of a Veterans service organization), if recognized by VA, may sign and submit VA Form 21-674 to VA on a claimant’s behalf.

References: For more information on the

  • age of majority, see M21-1, Part VII, Subpart ii, 1.B.7.a, and
  • acceptability of forms signed by VA-recognized representatives, see M21-1, Part VII, Subpart i, 1.A.4.j.

8. Claims for Disability or Survivors Benefits From or for a Child Who is Eligible for VA Education Benefits

Introduction

This topic contains information about claims for disability or survivors benefits from or for a child who is eligible for VA education benefits, including

  • finality of an election of DEA or education benefits under the Fry Scholarship, and
  • determining whether VA has paid education benefits and the effective date of the award.

Change Date

September 28, 2020

VII.ii.1.B.8.a. Finality of an Election of DEA or Education Benefits Under the Fry Scholarship

An election to receive DEA or education benefits under the Fry Scholarship is final. Once VA pays either of the education benefits to a child, VA may not pay disability or survivors benefits to or for the same child for any period subsequent to the effective date of the first payment of education benefits.

Exception: A child who is under the age of 18 or permanently incapable of self-support may be able to reelect disability or survivors benefits after electing education benefits if

  • the child has two Veteran-parents in the same parental line, and
  • both parents died prior to June 9, 1960.

References: For more information on the

  • finality of an election of DEA, see 38 CFR 21.3023(c), and
  • exception cited in this block, see
  • 38 CFR 21.3023(b), and
  • M21-1, Part VII, Subpart i, 3.D.1.

VII.ii.1.B.8.b. Determining Whether VA Has Paid Education Benefits and the Effective Date of the Award

Follow the steps in the table below following receipt of a claim for disability or survivors benefits from or for a child who is

  • over the age of 18
  • attending school, and
  • eligible for DEA or education benefits under the Fry Scholarship.

Scroll sideways to see the full table.

StepAction
1Determine whether VA has ever paid education benefits to the child by taking the actions described in Steps 1 through 8 of the table in M21-1, Part VII, Subpart ii, 1.B.6.f.
2Has VA ever paid DEA or education benefits under the Fry Scholarship to the child? If yes, go to the next step. If no, pay disability or survivors benefits to or for the child if entitlement otherwise exists, and take no further action.
3Use the information M21-1, Part VII, Subpart ii, 1.B.2.f provides to determine the effective date of the first payment of DEA or education benefits under the Fry Scholarship.
4Pay disability or survivors benefits to or for the child (if entitlement otherwise exists) only for those periods of school attendance that precede the effective date of the first payment of DEA or education benefits under the Fry Scholarship. Important: If an initial award of VA education benefits (DEA or education benefits under the Fry Scholarship) to a child commences at the end of a routine break between school sessions (such as a summer break), disability or survivors benefits may be payable to or for the child during the break, according to the policy expressed in M21-1, Part VII, Subpart ii, 1.A.3.d, and M21-1, Part XIII, Subpart i, 1.B.2.b.

References: For more information on a child’s eligibility for

  • DEA, see M21-1, Part XIII, Subpart i, 1.B.1.a, and
  • education benefits under the Fry Scholarship, see M21-1, Part VII, Subpart ii, 1.B.2.b.