Can the age limit for VA dependent education benefits be waived?

Capt Daniel Goodman — Sun, 24 Apr 2016 21:42:41 -0400

I need to ask if anyone might know for VA dependent educ benefits something very specific. The normal age limit statutorily for dependent a to use such benefits is I'd read 26 y/o. I was wondering if that age limit for a dependent can posbly be petitioned to be waived. My reason for asking is that the dependent would I think likely be eligible if 26y/o or younger. However for an adult stepson 39 y/o the object is to not have the benefit go to waste. And, only the 39 y/o might potentially have any chance to so benefit from the dependent educ program. My question is whether despite being 13 yrs beyond 26 y/o is the matter at least appealable if no one else might even remotely potentially benefit . Any thoughts would be very greatly appreciated many thanks.

Response by SSG Jeremy Kohlwes made Apr 24 at 2016 9:53 PM

SSG Jeremy Kohlwes — Sun, 24 Apr 2016 21:53:14 -0400

Knowing the VA, I would be inclined to say no. It's already hard enough to get the benefits we did earn. And for them unpaid benefits means money saved. However, I would suggest also checking into state benefits.

Response by SFC Andrew Miller made Apr 24 at 2016 11:13 PM

SFC Andrew Miller — Sun, 24 Apr 2016 23:13:48 -0400

The 18-26 age limits for Chapter 35 DEA benefits apply unless the dependent has served on active duty during those ages. Then the period of eligibility can be extended to age 31. If the dependent is recalled to active duty then it can be extended beyond the age of 31. Those are the only ways to get additional time.

Response by CSM Darieus ZaGara made Apr 25 at 2016 5:49 AM

CSM Darieus ZaGara — Mon, 25 Apr 2016 05:49:01 -0400

It never hurts to try, however, everyone I know that has used this benefit for their children have been quickly cut off at age 26. In most cases these individuals gave it to their spouse or sought additional education on their own.

Good luck.

Response by SGT Aaron P. made Apr 25 at 2016 3:37 PM

SGT Aaron P. — Mon, 25 Apr 2016 15:37:11 -0400

I believe the age limit can be waived. The VA can extend your period of eligibility by the number of months and days equal to the time spent on active duty, but it also says, This extension cannot generally go beyond your 31st birthday, there are some exceptions. LETS HIGHLIGHT THE WORD, GENERALLY. That is normally VA's word for LOOPHOLE. might be worth asking about.

Response by LTC Private RallyPoint Member made Apr 25 at 2016 9:12 PM

LTC Private RallyPoint Member — Mon, 25 Apr 2016 21:12:08 -0400

I am going through this right now with my son. I have called everyone and been told and shown the day he turns 26 years old, He CAN NOT PUT IN FOR ANY NEW DEPENDENT BENEFITS. SO HERE IT IS; if he is 26 years old on February 1st, 2016 but SCHOOL started on 9 January 2016. He will be paid the tuition assistance, the Books/Equipment fees, and his BAQ FOR THAT SEMESTER as long as he submits his paperwork on time. So technically, VA Dependent GI BILL doesn't STOP on his 26 Birthday. If the School Semester starts before his 26th Birthday and he submits the paperwork, he will be paid for that Semester.

Next Year, My son turns 26 on January 9th, 2017. School starts the Friday before. He will get his monies for the semester. That is Cutting it Close!

EDIT - This example is only for a child/Dependent that HAS NOT BEEN on Active Duty. It doesn't apply to Spouses. I have been working on this for 5 months. The VA/NGO/Service Officers have not the been the best source of information for this. The school financial aid office have been the best source.

Response by PV2 Patrick Sullivan made Aug 22 at 2018 6:06 PM

PV2 Patrick Sullivan — Wed, 22 Aug 2018 18:06:18 -0400

I am a disabled veteran Vietnam hundred percent, have 30-year-old daughter who is attending online Empire State College is she eligible for dependent education she is unmarried

Response by Katherine Johnson made Nov 8 at 2018 6:50 PM

Katherine Johnson — Thu, 08 Nov 2018 18:50:05 -0500

Capt Goodman, did you ever end up filing an appeal or find any more information on this? My father is a 100% disabled Vietnam vet and I did not use my education benefits as I was working two full time jobs in my early 20s and simply didn't have the time for it. I returned this year to finish college at 27 and am kicking myself as I can no longer use my benefits and am racking up considerable student loans and debt. Please please let me know if you have any advice after looking into this for your stepson.
THANK YOU.