**§21.3023 Nonduplication; pension, compensation, and dependency and
indemnity compensation.**

\(a\) *Child; age 18.* A child who is eligible for educational
assistance and who is also eligible for pension, compensation or
dependency and indemnity compensation based on school attendance must
elect whether he or she will receive educational assistance or pension,
compensation or dependency and indemnity compensation.

\(1\) An election of educational assistance either before or after the
age of 18 years is a bar to subsequent payment or increased rates or
additional amounts of pension, compensation or dependency and indemnity
compensation on account of the child based on school attendance on or
after the age of 18 years. The bar is equally applicable where the child
has eligibility from more than one parent.

\(2\) Payment of pension, compensation or dependency and indemnity
compensation to or on account of a child after his or her 18th birthday
does not bar subsequent payments of educational assistance.

\(3\) An election of educational assistance will not preclude the
allowance of pension, compensation, or dependency and indemnity
compensation based on school attendance for periods, including vacation
periods, prior to the commencement of educational assistance.

\(b\) *Child; under 18 or helpless.* Educational assistance allowance or
special restorative training allowance may generally be paid
concurrently with pension, compensation or dependency and indemnity
compensation for a child under the age of 18 years or for a helpless
child based on the service of one or more parents. Where, however,
entitlement is based on the death of more than one parent in the same
parental line, concurrent payments in two or more cases may not be
authorized if the death of one such parent occurred on or after June 9,
1960. In the latter cases, an election of educational assistance and
pension, compensation or dependency and indemnity compensation in one
case does not preclude a reelection of benefits before attaining age 18
or while helpless based on the service of another parent in the same
parental line.

\(c\) *Child; election*. An election by a child under this section must
be submitted to VA in writing.

\(1\) Except as provided in paragraph (c)(2) of this section, an
election to receive Survivors' and Dependents' Educational Assistance
(DEA) is final when the eligible child commences a program of education
under DEA (38 U.S.C. chapter 35). Commencement of a program of education
under DEA will be deemed to have occurred for VA purposes on the date
the first payment of DEA educational assistance is made, as evidenced by
negotiation of the first check or receipt of the first payment by
electronic funds transfer.

\(2\) An election based on erroneous information furnished by an
authorized representative of the Department of Veterans Affairs is not
considered final.

\(3\) A child other than a helpless child, whose eligibility was based
on a finding that the veteran had a permanent total service-connected
disability and who commenced a program of education under DEA may not
thereafter qualify as a dependent for disability compensation purposes
if the veteran is later found to be less than permanently and totally
disabled, or for pension, compensation or dependency and indemnity
compensation after the veteran's death.

\(d\) *Spouse or surviving spouse.* Educational assistance allowance may
be paid for an eligible spouse or surviving spouse concurrently with
pension, compensation or dependency and indemnity compensation.

(The information collection requirements in this section have been
approved by the Office of Management and Budget under control number
2900-0595)

(Authority: 38 U.S.C. 3562)

**Cross references:** *Discontinuance.* See 3.503(h) of this chapter.
*Concurrent payments.* See §3.707 of this chapter. *Certification.* See
§3.807 of this chapter.

\[30 FR 15631, Dec. 18, 1965, as amended at 31 FR 6773, May 6, 1966; 34
FR 842, Jan. 18, 1969; 40 FR 42879, Sept. 17, 1975; 50 FR 27826, July 8,
1985; 63 FR 45718, Aug. 27, 1998\]

**Supplement *Highlight* reference**: 40(1)