Claim Raven explanation
What this means
A qualifying child, spouse, or surviving spouse can have basic Chapter 35 education eligibility based on a veteran’s permanent total service-connected disability, service-connected death, or specified active-duty circumstances.
For this section, paired-organ or paired-extremity combinations treated as if service connected under section 3.383 can count, while eligibility established only under the listed section 1151 regulations is excluded.
How this helps your claim
The rule addresses basic eligibility certification, not every attendance, delimiting-date, or payment requirement in the education regulations. It includes active-duty members missing, captured, or detained for more than 90 days and certain members receiving treatment for a permanent total line-of-duty disability likely to result in discharge.
What to check in your records
Identify the qualifying veteran or serviceperson status and separately document the claimant’s child, spouse, or surviving-spouse relationship.
- Keep the rating decision showing permanent total service-connected disability or the decision connecting death to service.
- For active-duty eligibility, preserve the service department or VA findings that match the listed status.
- Gather marriage, birth, adoption, or survivor records establishing the claimant’s relationship under the referenced definitions.
Separate basic eligibility from education administration
First establish the qualifying veteran or serviceperson event and relationship. Then use the Chapter 35 education rules to address the claimant’s period of eligibility, program, and payment.
A 100 percent rating is not always the same as permanent and total. Read the rating decision for permanence rather than inferring it from the percentage alone.
Does any 100 percent rating create Chapter 35 eligibility?
Not under this route. The rule calls for a permanent total service-connected disability or another listed qualifying circumstance. Verify the permanence finding in the decision.
Official regulatory text
38 CFR § 3.807
eCFR snapshot: 2026-09-17. Layout and spacing are adapted for reading. The full section and its tables are included below.
§ 3.807 Dependents' educational assistance; certification.
For the purposes of dependents' educational assistance under 38 U.S.C. chapter 35 (see § 21.3020), the child, spouse or surviving spouse of a veteran or serviceperson will have basic eligibility if the following conditions are met:
(a) General. Basic eligibility exists if the veteran:
(1) Was discharged from service under conditions other than dishonorable, or died in service; and
(2) Has a permanent total service-connected disability; or
(3) A permanent total service-connected disability was in existence at the date of the veteran's death; or
(4) Died as a result of a service-connected disability; or (if a serviceperson)
(5) Is on active duty as a member of the Armed Forces and
(i) Now is, and, for a period of more than 90 days, has been listed by the Secretary concerned as missing in action, captured in line of duty by a hostile force, or forcibly detained or interned in line of duty by a foreign Government or power; or
(ii) Has been determined by VA to have a total disability permanent in nature incurred or aggravated in the line of duty during active military, naval, air, or space service; is hospitalized or receiving outpatient medical care, services, or treatment for such disability; is likely to be discharged or released from such service for such disability; and the pursuit of a course of education by such individual's spouse or child for which benefits under 38 U.S.C. chapter 35 are sought occurred after December 22, 2006.
(b) Service. Service-connected disability or death must have been the result of active military, naval, air, or space service on or after April 21, 1898. (Pub. L. 89-358) Effective September 30, 1966, educational assistance for a child (but not for a spouse or surviving spouse) may be authorized based on service in the Philippine Commonwealth Army or as a Philippine Scout as defined in § 3.40(b), (c), or (d) of this part.
(Authority: 38 U.S.C. 3565)
(c) Service connection. For purpose of this section, the term “service-connected disability” encompasses combinations of disabilities of paired organs or extremities treated as if service-connected under the provisions of § 3.383(a) of this part. The standards and criteria for determining service connection, either direct or presumptive, are those applicable to the period of service during which the disability was incurred or aggravated (38 U.S.C. 3501(a)). Cases where eligibility for service-connected benefits is established under § 3.358, 3.361, or 3.800 are not included.
(d) Relationship —
(1) “Child” means the son or daughter of a veteran who meets the requirements of § 3.57, except as to age and marital status.
(2) “Spouse” means a person whose marriage to the veteran meets the requirements of § 3.50(a) of this part.
(3) “Surviving spouse” means a person whose marriage to the veteran meets the requirements of §§ 3.50(b) or 3.52 of this part.
(Authority: 38 U.S.C. 1160, 3501)
Cross References:
Discontinuance. See § 3.503(a)(8) Election; concurrent benefits. See § 3.707 Nonduplication. See § 21.3023 of this chapter.
[29 FR 9537, July 14, 1964, as amended at 31 FR 4347, Mar. 12, 1966; 34 FR 840, Jan. 18, 1969; 38 FR 8658, Apr. 5, 1973; 40 FR 54245, Nov. 21, 1975; 53 FR 46607, Nov. 18, 1988; 59 FR 62585, Dec. 6, 1994; 69 FR 46435, Aug. 3, 2004; 73 FR 1076, Jan. 7, 2008; 87 FR 26126, May 3, 2022]
Related references
- 38 CFR § 3.50: Who VA recognizes as a spouse or surviving spouse
- 38 CFR § 3.22: DIC when a veteran was totally disabled before death
- 38 CFR § 3.667: Adding a Child Over 18 Who Is in School
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