Veteran's Benefits Jennifer L. VanderVeen, CELA Note: All VA forms ...

Veteran’s Benefits 

Jennifer L. VanderVeen, CELA 

Note: All VA forms mentioned in these materials are available at www.va.gov 

I. BASIC ELIGIBILITY FOR BENEFITS 

a. Type of Discharge 

VA regulations do not use exactly the same language as the military services use 

to classify the type of discharge. Since VA regulations regarding eligibility only refer 

to whether the veteran was discharges “under conditions other than dishonorable,” 

unless the discharge was clearly honorable (i.e., honorable or under honorable 

conditions) or clearly dishonorable, the VA may need to make a separate 

determinations as to the condition of a veteran’s discharge before determining 

whether the veteran meets the basic eligibility requirements for benefits. 

The VA refers to this process as a special “character of service determination.” 

The VA will review the veteran’s full service record to determine whether the quality 

of service was sufficient for benefits to be granted. 

The initial determination is made by the regional office processing the claim with 

appeal rights to the Board of Veteran’s Appeals (BVA) and Court of Appeals for 

Veteran’s Claims (CAVC). Generally, the discharge will be considered to be issued 

under honorable conditions if the discharge fits into categories specified in 38 CFR 

§3.12(d), including 

1. Discharge to avoid court martial; 

2. Mutiny; 

3. Spying; and 

4. Offenses involving moral turpitude (including conviction of a 

felony) 

In addition, 38 USC §5303(a) and 38 CFR §3.12(c) (1) – (5) provide that certain 

circumstances will result in a statutory bar to benefits regardless of the character of 

the discharge. These include situations where the service member: 

1. Had 180 continuous days AWOL unless the leave was due to 

“compelling circumstances”; 

2. Was a conscientious objector 

3. Was an officer resigning for the good of the service 

4. Was sentenced in a general court martial 

5. Was a deserter 

6. Was an alien who requested discharge in a time of hostility

Statutory bars may be overcome if the discharge is upgraded by a Board of 

Correction of Military Records (BMCR) or Discharge Review Board (DRB) to at 

least a general discharge. 

ii. Administrative discharge 

There are three types of discharges which are considered to be 

administrative n nature. These are “entry level separation,” “void 

enlistment or induction,” and “dropped from rolls.” In the case of “entry 

level separation” discharges, the VA will treat the veteran as meeting the 

“other than dishonorable” test/ Discharges for “void enlistment or 

induction” or “dropped from the rolls” will be considered by the VA on an 

individual basis 

iii. Insanity Exception 

If medical evidence or medical opinions support the conclusion that the 

veteran was insane at the time of the misconduct which gave rise to the 

discharge, benefits may still be awarded. 38 CFR § 3.354 (a) defines an 

insane person, for purposes of this requirement as: 

b. Upgrading a discharge 

One who, while not mentally defective or constitutionally 

psychopathic . . . exhibits . . . a more or less prolonged deviation 

from his normal method of behavior 

A veteran has two options to upgrade a discharge when seeking benefits. The veteran 

may either go through his or her military service process or the VA regional office. 

i. Service branch process 

Each branch of service has a Discharge Review Board (DRB) and Board 

of Correction of Military Records (BCMR). The statute of limitations for 

applying to the Discharge Review Board is fifteen years from the date of 

discharge and the statute of limitations for the Board of Correction is three 

years, but it may be waived upon request. 

Effective date for benefits will usually run to the date that the discharge 

was upgraded, rather than the date of discharge. If an application for 

benefits was filed prior to the upgrade of the discharge, the benefits may 

be retroactive to the date of the application. Therefore, it may be to the 

veteran’s benefit to file an application for the benefits at the same time as 

he or she applies for an upgrade of a discharge status. 

ii. How to apply for an upgrade

1. If the discharge is beyond the fifteen year statute of limitations, the 

veteran will need to apply to the BCMR, using a DD Form 149. 

2. If the discharge is subject to one of the statutory bars to benefits 

discussed above or if the discharge was the result of a court martial, 

the veteran must appeal the discharge to a BCMR using DD Form 149 

3. If the discharge is less than fifteen years ago and is a general 

discharge, an “other than honorable” discharge or a bad conduct 

discharge which did not result from a court martial, the veteran may 

appeal to the DRB with a DD Form 293. 

All hearings are informal and are held in the Washington D.C. area. The 

Air Force and Army currently have travelling boards that hear cases 

around the country, but such a request may double the processing time of 

the case. Video conference is a possibility in some cases where personal 

appearance at the hearing is not possible. 

DRBs consist of five high ranking officers, while BCMRs are made up of 

three to five civilian employees of the service branch. The veteran is 

required to appear and testify under oath. All relevant evidence, including 

military records and any documentation submitted by the applicant will be 

considered The veteran may be represented by counsel, but the veteran 

will be questioned directly by the board members. 

The Veteran’s Benefits Manual goes into some detail about reasons and 

strategies for pursuing a discharge upgrade and any counsel considering 

pursuing one of these should consult the manual for tips tricks and reasons 

to seek an upgrade. 

A veteran may also seek relief from the VA directly. There is no statute of 

limitations for seeking an adjudication of discharge from the VA regional 

office. However, relief from the VA is less likely to result in an award of 

benefits than an application where the discharge was upgraded by the 

service branch. The VA does not change the character of a discharge, but 

it may decide to grant benefits in spite of the type of discharge 

c. Rules for two or more periods of service 

If a veteran serves more than two periods of service, a prior acceptable discharge 

designation will generally not be negated by a subsequent unacceptable discharge 

unless the VA determines that the veteran was convicted of mutiny, sedition, 

treason, aiding or rendering assistance to an enemy or espionage. In addition, a 

subsequent acceptable discharge may override a previous unacceptable one and 

restore the veteran's eligibility for benefits. 

d. Active service requirement 

Another requirement for benefits is "active military, naval or air service." For 

purposes of benefits eligibility, "active service" is defined to include any period

of either active or inactive duty for training during which the veteran is disabled 

as a result of an injury which was incurred or aggravated while on active duty. 38 

USC 101 (21) and 38 CFR 3.6 (b) set forth the requirements for active duty. 

National Guard troops are only eligible for VA benefits which arise from federal 

service and periods during which the National Guard is ordered into service by 

the President under 10 USCS 12401 

e. Length of service requirement 

Any veteran who enlisted for the first time on or after September 8, 1980 is 

subject to length of service requirements in order to be eligible for VA benefits. 

The veteran must have served for either twenty four months of continuous active 

duty or for the full period for which the veteran was called to active duty. In the 

case of officers, this requirement only applies if the officer entered active duty 

after October 16, 1981 and had not previously completed any period of twenty 

four months of continuous active duty. 

II. COMPENSATION FOR SERVICE-CONNECTED DISABILITY 

Pursuant to 38 USCS Sections 1110 and 1131, in order to be compensable a medical 

condition must have been “suffered or. . .contracted in the line of duty” or a preexisting 

condition must have been aggravated while in the line of duty. Pursuant to 38 CRF 

Sections 3.303 and 3.304, “in the line of duty” has been interpreted very broadly to 

include anything that occurred during the time period between a veteran’s induction and 

discharge. This includes incidents or injuries which may have occurred while the veteran 

was on leave or off base. It is not required that the medical condition be directly 

connected to the performance of military duties. Veterans may also be compensated for 

conditions which have a delayed on-set and may not manifest themselves for years after 

the veteran’s discharge from military service. There are three (3) fundamental 

requirements for obtaining compensation for a service-connected disability. These 

fundamental requirements are referred to as the Caluza elements because they derive 

from the case of Caluza vs. Brown, 7 Vet at 498. These primary requirements are: 

1. Current medical diagnosis of an existing disability; 

2. Evidence of in-service occurrence or aggravation; and 

3. Medical evidence of a link between the current disability and the in-service 

connection. 

These requirements have been expanded further in subsequent case law to include a fiveelement 

test. In the case of Dingess vs. Nicholsan, 19 Vet. at 473, 484 (2006), the Court 

of Veteran’s Appeals described these five elements as follows: “1. Veteran’s status; 2. 

Existence of a disability; 3. a connection between the veteran’s service and the disability; 

4. degree of disability and 5. effective date of the disability.”

Traditionally the V.A. has used a four-step process to determine claims for serviceconnected 

disabilities. 

1. determine basic eligibility as discussed above; 

2. decide the basic qualification for disability compensation; 

3. determine the rating of the disability; and 

4. determine the effective date of the compensation. 

a. Current Disability 

In order to receive service-connected disability compensation, a veteran must 

demonstrate that they suffer from a current disability. This requires that the 

veteran not only suffer from a disease or injury contracted while on duty, but that 

injury must result in a recurrent impairment or disability to the veteran. This 

requires recent medical evidence to show the existence of a disability. If a 

veteran is seeking compensation years later for an injury that occurred while in 

service, the veteran should submit current medical records in addition to any 

medical records from time of service. Although the V.A. has held that some 

disabilities may be established by lay evidence, these are few and far between and 

in most cases medical records will be required. 

Under 38 USCS Section 5013A, the V.A. is generally required to provide a 

veteran with assistance in establishing a medical diagnosis of a disability 

including providing the veteran with a V.A. medical examination. The V.A. may 

only refuse to schedule such medical examination if there is “no reasonable 

possibility” that medical evidence would substantiate a claim. See 38 USCS 

Section 5013A(a)(2). 

However, veterans should not rely on a V.A. medical examination alone to 

establish their disability if they have access to other medical evidence or can 

obtain other medical evidence through private physicians or other sources. These 

additional diagnoses may serve to bolster the veteran’s claim or contradict any 

negative findings by the V.A. medical examiner. 

The veteran must demonstrate that the disability exists presently. This requires 

that the condition be present at the time of the filing of the claim and that the 

disability continues throughout the claims process and remain at the time benefits 

are awarded. If a veteran recovers from a disability during the claims process, the 

claim will likely be denied. 

b. In Service Occurrence 

The veteran must prove that the injury for which compensation is sought, has a 

connection to an event which occurred during the veteran’s military service. The 

threshold is that the veteran must prove that it is at a minimum more likely than 

not that the injury occurred or was aggravated during the veteran’s service. This

may be established by lay or medical evidence. In most cases, the veteran should 

submit a written statement, letter or testimony describing how he or she believes 

the injury occurred or how it is connected to his or her service. In addition, 

service medical records which may document the injury or disease are helpful as 

are statements from fellow service members or family members who may have 

observed or have other first-hand knowledge of the disease or injury. Again, the 

V.A. must assist the veteran in obtaining evidence to support a service connection 

including providing medical records from the veteran’s service or researching the 

history of the veteran’s service units to determine whether an injury may have 

occurred. The V.A. is particularly bound to assist for those veteran’s whose 

records were destroyed during the 1973 fire at the National Personnel Records 

Center in St. Louis, Missouri. This effects primarily veterans of WWII and the 

Korean Conflict and the V.A. generally will attempt to re-construct information 

from other sources in order to assist the veteran’s claim. 

While the V.A. may not deny compensation merely because the disability arose 

from a pre-existing condition which was aggravated by service, the V.A. has 

relied upon 38 USCS 1111 which sets forth the “presumption of soundness.” This 

presumption establishes that it is assumed that the veteran was examined at the 

time of enlistment and was free from any conditions other than those noted at the 

time of enrollment. Therefore the presumption will not apply if the condition 

which was aggravated during service was clearly noted at the time of the 

veteran’s enlistment. In order to rebut the presumption of sound condition, the 

veteran must present “clear and unmistakable evidence” that the injury existed 

before service and was not aggravated by service. 

Special rules apply to combat veterans. Pursuant to 38 USCS Section 1154B and 

38 CFR Section 3.304D and 3.304F, any veteran who claims to have been injury 

in combat receives special treatment. If a combat veteran seeks compensation for 

a service-connected disability that he or she alleges occurred in a combat 

situation, the veteran’s statement will serve as sufficient proof that the incident 

was combat-related. The V.A. may only rebut this presumption by clear and 

convincing evidence. The veteran’s service records must corroborate that the 

veteran saw combat or was assigned to a combat zone or a unit that was in 

engaged in combat. A veteran’s allegation of combat may be bolstered by 

statements from fellow servicemen corroborating the combat allegation. In the 

case of combat veterans alleging disability due to post traumatic stress disorder 

(PTSD), combat veterans have a much lower evidentiary burden in establishing a 

service-connection with the disease. A veteran’s simple written testimony that he 

or she was in combat as supported by medical records or other evidence and that 

the current diagnosis of PTSD is linked to that combat should be sufficient to 

establish a compensable service-connected disability. 

c. Service Connection

38 USCS 1110 through 1131 set forth five ways a veteran can show that his or her 

current disability is service connected. 

1. a direct causative link; 

2. direct aggravation of a pre-existing condition; 

3. a delayed onset condition which is presumed to be connected to an 

incident that occurred during service; and 

4. a current disability which is related to a primary medical condition which 

is connected to service. 

5. the current disability is the consequence of V.A. health or other services. 

Under each of these theories, medical evidence must be used to show the 

connection between the service and the disability. While lay evidence may be 

sufficient to discuss the existence of a condition, lay people lack the medical 

expertise to link a medical condition to a causal event. 38 CRF Section 3.159A1 

clearly defines competent medical evidence to mean evidence “provided by a 

person who is qualified through education, training or experience to offer medical 

diagnosis. The section goes on to include statements found in medical treatises, 

research reports, analyses, or medical or scientific articles. 

The clearest linkage evidence is generally found in the veteran’s service records 

and treatment records during the time of service. However, especially in the case 

of a condition which does not manifest itself until years after service, statements 

from private physicians or from a V.A. physician should be provided to 

substantiate the connection. Again, the V.A. generally has a duty to provide the 

veteran with a medical examination. However, in the case of a re-opened claim 

for benefits, the V.A. is NOT required to provide a medical examination to prove 

the connection between the service and the disability. In proving service 

connection, the veteran is held to a reasonable doubt or a more likely than not 

standard. Conflicting medical opinions will be weighed by the V.A. regional 

office and in its opinion the office should give reasons why any supporting 

evidence is rejected. 

d. Willful Misconduct 

Any injury or disease that the V.A. determines to be the result of “willful 

misconduct” will prevent the veteran from receiving benefits due to that injury. 

According to 38 CFR Section 3.1(n)(1) willful misconduct is defined as involving 

“deliberate or intentional wrongdoing with knowledge of or wanton and reckless 

disregard of its probable consequences. V.A. laws and regulations found at 38 

CFR Section 3.301 give examples of such misconduct including alcohol abuse, 

drug abuse and sexually transmitted diseases. Pursuant to 38 CFR Section 3.302a 

and b, suicide will not be considered willful misconduct if it is proven that the 

veteran was of unsound mind at the time of the suicide. 

e. Ratings

Finally, the VA must determine how disabled the veteran is. To make this 

determination, the VA uses a ratings schedule. The ratings system focuses on the 

effect that the disability has on the veteran’s earning capacity. The lowest 

compensable rating is 10%, with the ratings increasing in increments by 10 to 

fully disabled, or 100%. The amount of compensation that a veteran receives is 

strictly determined by his or her rating. The schedule of benefits for 2012 is as 

follows: 

10% - 20% (No Dependents) 

Percentage Rate 

10% $127 

20% $251 

30% - 60% Without Children 

Dependent Status 30% 40% 50% 60% 

Veteran Alone $389 $560 $797 $1009 

Veteran with Spouse Only $435 $622 $874 $1102 

Veteran with Spouse & One Parent $472 $671 $936 $1176 

Veteran with Spouse and Two Parents $509 $720 $998 $1250 

Veteran with One Parent $426 $609 $859 $1083 

Veteran with Two Parents $463 $658 $921 $1157 

Additional for A/A spouse (see footnote b) $42 $56 $71 $84 

70% - 100% Without Children 


Veteran Alone $1,272 $1,478 $1,661 $2,769 

Veteran with Spouse Only $1,380 $1,602 $1,800 $2,924 

Veteran with Spouse & One Parent $1,466 $1,701 $1,911 $3,048 

Veteran with Spouse and Two Parents $1,552 $1,800 $2,022 $3,172

Veteran with One Parent $1,358 $1,577 $1,772 $2,893 

Veteran with Two Parents $1,444 $1,676 $1,883 $3,017 


30% - 60% With Children 


Veteran with Spouse & Child $469 $667 $931 $1169 

Veteran with Child Only $420 $601 $849 $1071 

Veteran with Spouse, One Parent and Child $506 $716 $993 $1243 

Veteran with Spouse, Two Parents and Child $543 $765 $1055 $1,317 

Veteran with One Parent and Child $457 $650 $911 $1145 

Veteran with Two Parents and Child $494 $699 $973 $1219 

Add for Each Additional Child Under Age 18 $23 $30 $38 $46 

Each Additional Schoolchild Over Age 18 (see footnote a) $74 $99 $124 $148 


70% - 100% With Children 


Veteran with Spouse & Child $1,459 $1,692 $1,902 $3,037 

Veteran with Child Only $1,344 $1,561 $1,754 $2,873 

Veteran with Spouse, One Parent and Child $1,545 $1,791 $2,013 $3,161 

Veteran with Spouse, Two Parents and Child $1,631 $1,890 $2,124 $3,285 

Veteran with One Parent and Child $1,430 $1,660 $1,865 $2,997 

Veteran with Two Parents and Child $1,516 $1,759 $1,976 $3,121 

Add for Each Additional Child Under Age 18 $53 $61 $69 $77 

Each Additional Schoolchild Over Age 18 (see 

footnote a) 

$173 $198 $223 $248 

Additional for A/A spouse (see footnote b) $99 $112 $127 $141

FOOTNOTES: 

a. Rates for each school child are shown separately. They are not included with any 

other compensation rates. All other entries on this chart reflecting a rate for 

children show the rate payable for children under 18 or helpless. To find the 

amount payable to a 70% disabled veteran with a spouse and four children, one 

of whom is over 18 and attending school, take the 70% rate for a veteran with a 

spouse and 3 children, $ 1,565, and add the rate for one school child, $173. The 

total amount payable is $1,738. 

b. Where the veteran has a spouse who is determined to require A/A, add the 

figure shown as "additional for A/A spouse" to the amount shown for the proper 

dependency code. For example, veteran has A/A spouse and 2 minor children 

and is 70% disabled. Add $99, additional for A/A spouse, to the rate for a 70% 

veteran with dependency code 12, $1,512. The total amount payable is $ 1,611. 

The ratings schedules for various ailments are set for in Part 4 of Title 38 of the Code of Federal 

Regulations. Here is a sample of how the schedules work:

If a veteran has two or more compensable disabilities, the rating percentages are not simply 

added together, but are combined using the following table found at 38 CFR 4.25 

Table I -- Combined Ratings 

10 20 30 40 50 60 70 80 90 

19 27 35 43 51 60 68 76 84 92 

20 28 36 44 52 60 68 76 84 92 

21 29 37 45 53 61 68 76 84 92 

22 30 38 45 53 61 69 77 84 92 

23 31 38 46 54 62 69 77 85 92 

24 32 39 47 54 62 70 77 85 92 

25 33 40 48 55 63 70 78 85 93 

26 33 41 48 56 63 70 78 85 93 

27 34 42 49 56 64 71 78 85 93 

28 35 42 50 57 64 71 78 86 93 

29 36 43 50 57 65 72 79 86 93 

30 37 44 51 58 65 72 79 86 93 

31 38 45 52 59 66 72 79 86 93 

32 39 46 52 59 66 73 80 86 93 

33 40 46 53 60 67 73 80 87 93 

34 41 47 54 60 67 74 80 87 93 

35 42 48 55 61 68 74 81 87 94 

36 42 49 55 62 68 74 81 87 94 

37 43 50 56 62 69 75 81 87 94 

38 44 50 57 63 69 75 81 88 94 

39 45 51 57 63 70 76 82 88 94 

40 46 52 58 64 70 76 82 88 94 

41 47 53 59 65 71 76 82 88 94 

42 48 54 59 65 71 77 83 88 94 

43 49 54 60 66 72 77 83 89 94 

44 50 55 61 66 72 78 83 89 94 

45 51 56 62 67 73 78 84 89 95 

46 51 57 62 68 73 78 84 89 95 

47 52 58 63 68 74 79 84 89 95 

48 53 58 64 69 74 79 84 90 95 

49 54 59 64 69 75 80 85 90 95 

50 55 60 65 70 75 80 85 90 95 

51 56 61 66 71 76 80 85 90 95 

52 57 62 66 71 76 81 86 90 95 

53 58 62 67 72 77 81 86 91 95 

54 59 63 68 72 77 82 86 91 95 

55 60 64 69 73 78 82 87 91 96 

56 60 65 69 74 78 82 87 91 96 

57 61 66 70 74 79 83 87 91 96 

58 62 66 71 75 79 83 87 92 96 

59 63 67 71 75 80 84 88 92 96 

60 64 68 72 76 80 84 88 92 96 

61 65 69 73 77 81 84 88 92 96 

62 66 70 73 77 81 85 89 92 96 

63 67 70 74 78 82 85 89 93 96 

64 68 71 75 78 82 86 89 93 96 

65 69 72 76 79 83 86 90 93 97 

66 69 73 76 80 83 86 90 93 97 

67 70 74 77 80 84 87 90 93 97 

68 71 74 78 81 84 87 90 94 97 

69 72 75 78 81 85 88 91 94 97 

70 73 76 79 82 85 88 91 94 97 

71 74 77 80 83 86 88 91 94 97 

72 75 78 80 83 86 89 92 94 97 

73 76 78 81 84 87 89 92 95 97 

74 77 79 82 84 87 90 92 95 97 

75 78 80 83 85 88 90 93 95 98 

76 78 81 83 86 88 90 93 95 98 

77 79 82 84 86 89 91 93 95 98 

78 80 82 85 87 89 91 93 96 98 

79 81 83 85 87 90 92 94 96 98 

80 82 84 86 88 90 92 94 96 98 

81 83 85 87 89 91 92 94 96 98 

82 84 86 87 89 91 93 95 96 98 

83 85 86 88 90 92 93 95 97 98 

84 86 87 89 90 92 94 95 97 98 

85 87 88 90 91 93 94 96 97 99 

86 87 89 90 92 93 94 96 97 99 

87 88 90 91 92 94 95 96 97 99 

88 89 90 92 93 94 95 96 98 99 

89 90 91 92 93 95 96 87 38 99 

90 91 92 93 94 95 96 97 98 99 

91 92 93 94 95 96 96 97 98 99 

92 93 94 94 95 96 97 98 98 99 

93 94 94 95 96 97 97 98 99 99 

94 95 95 96 96 97 98 98 99 99

For example, if a veteran has two disabilities, which are rated at 30% and 20%, the combined 

rating (according to the table) is 44. This will be rounded down to 40% If the veteran has more 

than two disabilities, you will need to arrange the disabilities in ascending order and work 

through each step on the table. For example, if the same veteran has an additional disability 

rated at 50%, you would take the 44% rating arrived at above and apply that number to the 50% 

rating to arrive at a rating of 72%, which will be rounded down to 70%. 

f. Notice Requirements 

Once a veteran submits a claim for disability compensation, the VA is required to 

notify the veteran, in writing, of any evidence that is necessary to process the 

claim and to notify the veteran of any evidence which the VA will seek to obtain. 

The veteran has one year from the date of the notice to provide the information. 

However, the VA may make a determination within that year without waiting for 

the requested information. 

g. Unemployability Claim 

Even if a veteran’s disability does not merit a rating of 100% disability, a veteran 

may receive 100% compensation if he or she presents a claim for Total Disability 

based on Individual Unemployability (TDIU). This determination may also be 

made on a temporary basis if the veteran encounters a period during which he or 

she is unable to work. 

A veteran applies for TDIU by filing VA Form 21-8940, which is available on the 

VA website. The veteran may also send a letter to the VA asking to be 

considered for TDIU and requesting all necessary forms. 

The VA employs a two step analysis to determine whether a veteran is eligible for 

TDIU. First, if the veteran suffers from one compensable disability, the disability 

must be rated at 60% or higher. If the veteran has two ratable disabilities, one 

must be rated at least 40% and the combined rating of the two must be 70% or 

higher. Therefore, a veteran generally cannot get 100% compensation if he or she 

claims unemployability based on a disability which is rated at 10%. 

A veteran whose disability does not meet the above requirements may still receive 

TDIU compensation if the case is referred by the VA Regional Office to the VA 

Central Office in Washington, D.C. The Director of the Compensation and 

Pension Service will review the case and determine whether TDIU compensation 

is granted in the case. This is not a common practice and approvals are rare. 

Second, the VA must make a determination that the veteran cannot pursue a 

“substantially gainful occupation” as a result of the disability. In making that 

determination, the VA may only consider the effects of the service connected 

disabilities, and not any other ailments which the veteran may suffer from. The 

VA must consider the veteran’s educational and occupational history when 

making the determination and cannot consider the veteran’s age.

h. Special situations 

There are four types of disorders which fall outside the normal VA procedures 

and rules for disability compensation. These are mental illness, post traumatic 

stress disorder, Agent Orange exposure, and Gulf War veterans. 

In the case of mental illness, while many of the same procedures and requirements 

apply, the VA has a separate schedule for rating mental disabilities. The VA has 

established eight categories of mental illness: 

1. Schizophrenia and psychotic disorders 

2. Delirium, Dementia, Amnesia and cognitive disorders 

3. Anxiety disorders 

4. Mood disorders 

5. Chronic adjustment disorder 

6. Eating disorders ( eating disorders have their own unique rating schedule as well) 

The full rating schedule for mental disorders can be found at 38 CFR 4.130. In 

order for a mental disorder to be considered disabling enough to merit 

compensation, it must either result in social or occupational impairment or require 

continuous medication. Ratings are based on the level of social or occupation 

impairment suffered by the veteran. 

According to 38 CFR 3.304, for post traumatic stress disorder, the veteran must 

prove that it is “more likely than not” that there are current medical symptoms, 

that the medical evidence links the symptoms to an “in service stressor” and that 

there is credible evidence of the in service stressor. If the veteran was in combat 

or was a prisoner of war, lay testimony of the veteran may establish the causal 

link, provided the claimed stressor is consistent with the veteran’s service records. 

The VA may only find against the veteran if there is “clear and convincing 

evidence” contradicting the veteran’s testimony. 

38 USC 1117 was enacted in 2001 to compensate Gulf War veterans who 

experience chronic disabilities which cannot be directly connected to their active 

service. In order to qualify, the veteran must have served in the Persian Gulf 

theatre of operations anytime after August, 1990. The veteran must be suffering 

from either an undiagnosed illness or “a medically unexplained chronic 

multisymptom illness” such as fibromyalgia, chronic fatigue, or irritable bowel 

syndrome. 38 CFR 3.317 provides a laundry list of symptoms which may be used 

to indicate one of these types of disabilities. Finally, the veteran must be 

determined to be disabled at a rate of at least ten percent. 

Vietnam veterans who were exposed to Agent Orange have a special method to 

qualify for disability compensation. 38 C.F.R. 3.307 provides that the VA will 

assume a veteran was exposed to Agent Orange if the veteran was in active

service “in the Republic of Vietnam at some point during the period beginning on 

January 9, 1962, and ending on May 7, 1975.” Veterans who served in the coastal 

waters of Vietnam fall under this definition if, at some point, their service 

involved “duty or visitation in the Republic of Vietnam.” 

The veteran must provide medical evidence of any of a list of diseases that have 

been associated with Agent Orange which results in the veteran being at least 10 

percent disabled. The list of diseases is found in the Veteran’s Benefits Manual 

and includes a variety of types of cancer. If the veteran does not have a medical 

diagnosis, he or she may request a medical examination from the VA at no cost to 

the veteran. 

In addition, there are a limited number of military units which served in the 

Korean demilitarized zone during 1968 and 1969, when the DMZ was also 

sprayed with Agent Orange. Members of these units will be entitled to 

compensation if they show that they were in the DMZ during the relevant period 

and have a disability caused by one of the types of cancer linked to Agent Orange. 

i. Special monthly compensation 

Special monthly compensation is payable in addition to disability compensation to 

veterans who lose or lose the use of an anatomical part or have impaired senses. 

Special monthly compensation is also available to a veteran who received 

disability compensation and is also housebound, in need of aid and attendance or 

bedridden. Compensation rates are categorized by the letter corresponding to the 

subparagraph of the United States Code provision that establishes the level of 

compensation, letters k through o, corresponding to 38 USC 1114 (k) through (o).

Special Monthly Compensation Rates - Effective 12/1/08 

SMC Rate Payment variation 

K $96 Usually added to other rate or paid as the rate when percentage is zero. 

Q $67 Paid in place of a rate. 

Without Children, SMC-L through SMC-N 

Dependent Status L L½ M M½ N 

Veteran Alone $3,327 $3,499 $3,671 $3,923 $4,176 

Veteran with Spouse $3,477 $3,649 $3,821 $4,073 $4,326 

Veteran with Spouse and One Parent $3,597 $3,769 $3,941 $4,193 $4,446 

Veteran with Spouse and Two Parents $3,717 $3,889 $4,061 $4,313 $4,566 

Veteran with One Parent $3,447 $3,619 $3,791 $4,043 $4,296 

Veteran with Two Parents $3,567 $3,739 $3,911 $4,163 $4,416 

Additional A/A spouse. See footnote $136 $136 $136 $136 $136 

Without Children, SMC-N 1/2 through SMC-S 

Dependent Status N½ O/P R.1 R.2 S 

Veteran Alone $4,421 $4,667 $6,669 $7,650 $2,993 

Veteran with Spouse $4,571 $4,817 $6,819 $7,800 $3,143 

Veteran with Spouse and One Parent $4,691 $4,937 $6,939 $7,920 $3,263 

Veteran with Spouse and Two Parents $4,811 $5,057 $7,059 $8,040 $3,383 

Veteran with One Parent $4,541 $4,787 $6,789 $7,770 $3,113 

Veteran with Two Parents $4,661 $4,907 $6,909 $7,890 $3,233 


With Children, SMC-L through SMC-N 

Dependent Status L L½ M M½ N 

Veteran with Spouse and One Child $3,586 $3,758 $3,930 $4,182 $4,435 

Veteran with One Child $3,428 $3,600 $3,772 $4,024 $4,277 

Veteran with Spouse, One Parent and One Child $3,706 $3,878 $4,050 $4,302 $4,555

Veteran with Spouse, Two Parents and One Child $3,826 $3,998 $4,170 $4,422 $4,675 

Veteran with One Parent and One Child $3,548 $3,720 $3,892 $4,144 $4,397 

Veteran with Two Parents and One Child $3,668 $3,840 $4,012 $4,264 $4,517 

Add for Each Additional Child Under Age 18. See footnote $75 $75 $75 $75 $75 

Each Additional Schoolchild Over Age 18. See footnote $240 $240 $240 $240 $240 


With Children, SMC-N 1/2 through SMC-S 

Dependent Status N½ O/P R.1 R.2 S 

Veteran with Spouse and One Child $4,680 $4,926 $6,928 $7,909 $3,252 

Veteran with One Child $4,522 $4,768 $6,770 $7,751 $3,094 

Veteran with Spouse, One Parent and One Child $4,800 $5,046 $7,048 $8,029 $3,372 

Veteran with Spouse, Two Parents and One Child $4,920 $5,166 $7,168 $8,149 $3,492 

Veteran with One Parent and One Child $4,642 $4,888 $6,890 $7,871 $3,214 

Veteran with Two Parents and One Child $4,762 $5,008 $7,010 $7,991 $3,334 

Add for Each Additional Child Under Age 18. See footnote $75 $75 $75 $75 $75 

Each Additional Schoolchild Over Age 18. See footnote $240 $240 $240 $240 $240 


FOOTNOTES: 

a. Rates for each school child are shown separately. They are not included with any other compensation 

rates. All other entries on this chart reflecting a rate for children show the rate payable for children 

under 18 or helpless. To find the amount payable to a 70% disabled veteran with a spouse and four 

children, one of whom is over 18 and attending school, take the 70% rate for a veteran with a spouse 

and 3 children, $ 1,513 , and add the rate for one school child, $168. The total amount payable is 

$1,681. 

b. Where the veteran has a spouse who is determined to require A/A, add the figure shown as "additional 

for A/A spouse" to the amount shown for the proper dependency code. For example, veteran has A/A 

spouse and 2 minor children and is 70% disabled. Add $95, additional for A/A spouse, to the rate for 

a 70% veteran with dependency code 12, $1,461. The total amount payable is $ 1,556. 

Which letter the veteran falls under is governed by a combination of the veteran’s disability 

rating percentage, which anatomical part is affected and whether there is any combination of loss 

of anatomical parts and/or housebound, in need of aid and attendance or bedridden. The 

Veteran’s Benefits Manual goes into detail about these determinations. 

j. Claims to Increase a Veteran’s Ratings

There is no formal process for making a claim to increase a veteran’s disability 

rating. The veteran simply needs to write a letter to the VA asking to have his or 

her disability rating re-evaluated. The VA will also treat any medical records 

including VA examination reports as requests to increase a rating. 

As with a new claim, the VA must assist the veteran in obtaining evidence to 

support his or her claim, including providing the claimant with a medical 

examination. However, the veteran should also be prepared to submit medical 

and lay evidence from personal physicians, social workers, psychiatrists, or other 

individuals. The veteran may also benefit from providing his or her primary 

treating physician with copies of the relevant provisions of the ratings manual to 

assist the doctor in tailoring their comments to better align with the VA’s 

definition of the disability. 

The effective date of a ratings increase is the later of the date that the claim was 

received or the date that the entitlement arose. Generally, this will be the date of 

the claim for the increase. If a veteran has a condition which progressively 

worsens over the time period that the claim was adjudicated may be eligible for 

“staged ratings.” Separate ratings may be assigned to different time periods. 

k. Reducing a Veteran’s Ratings 

Generally, if the VA can determine, through an examination of the veteran’s 

entire record that there has been an improvement in the veteran’s condition, the 

VA may go through the process to reduce the veteran’s rating. However, there 

are certain protections afforded to some veterans. If a veteran’s evaluation has 

remained at the same level for at least five years, the VA cannot reduce the 

veteran’s rating unless the veteran’s medical records and all other evidence reflect 

sustained improvement in the veteran’s condition. If the rating has been in effect 

for more than twenty years, the VA may only reduce the rating if it can prove that 

the rating was obtained by fraud. If a veteran has been rated 100% disabled, the 

VA must find either a clear error in its previous determination or material 

improvement in the veteran’s condition which was obtained through the normal 

conditions of life and that the veteran is able to obtain gainful employment. 

In order to reduce a veteran’s benefits, the VA must give the veteran written 

notice which is specific enough to provide the veteran the ability to understand 

and respond to the decision and list the evidence which the veteran may obtain 

and submit to the VA to respond to the decision.. The veteran then has sixty days 

to provide evidence to rebut the VA’s conclusions. If the veteran does not submit 

any additional evidence, the VA will issue its final decision. The veteran has an 

additional 60 days to submit evidence. 

The veteran also has a right to a hearing, which must be requested within thirty 

days of the decision notice. This has two effects. First, the veteran’s case will be 

heard by a VA employee who did not participate in the decision. Second, no 

reduction will be implemented until at least 60 days after the final notice, which

cannot be issued until after a hearing is held. This gives the veteran additional 

time to receive the higher benefit amount. 

l. Severing the Service Connection 

The VA may only sever the service connection for a veteran’s disability if the VA 

can prove that the service connection determination was either obtained by fraud 

or was clearly erroneous based upon all accumulated evidence which was 

available to the VA at the time the initial determination. 

III. FAMILY MEMBERS BENEFITS 

a. Qualifying family members 

In the case of Valiao vs. Principi 17 Vet. at 229 2003, the V.A. established that in 

order to claim benefits as a surviving family member, you must demonstrate one 

of the following qualifying family relationships to the veteran. These include: 

spouse, surviving spouse, child, surviving child, dependant parent or surviving 

parent. V.A. regulations found at 38 USCS, Section 101(31) defines spouse 

specifically as “a person of the opposite sex who is a wife or husband of the 

veteran.” The marriage must also be valid under the laws of the place where the 

couple resided at the time of marriage or according to the laws of the place where 

couple resided when the right to V.A. benefits arose. Generally, a written 

statement is all that is required to prove a valid marriage and as long as it contains 

sufficient information the V.A. will accept it as proof. However, in certain 

circumstances, the V.A. may require a claimant to submit any one of the 

following documents as proof. In order of preference, these are: 

(1) a copy of summary of the public record of marriage, 

(2) an official report from the service department as to the marriage; 

(3) affidavit of a clergy member who officiate the marriage; 

(4) an original certificate of marriage; 

(5) affidavit of eyewitnesses to the family; or 

(6) any other evidence which would support the belief that a valid marriage 

occurred. 

If proof of a previous divorce, dissolution or annulment is required, the veteran or 

spouse should submit the decree. A surviving spouse is deemed to be a valid 

surviving spouse if they satisfy one or more of these requirements. First, one year 

of marriage; (2) continuous cohabitation during the marriage or (3) no remarriage 

after the veteran’s death. In order to qualify for DIC, death compensation or 

death pension the surviving spouse must have been married for at least one year 

prior to the veteran’s death. Unless the marriage occurred before or during the 

veteran’s service or if a child is born during the term of the marriage. To qualify 

for any V.A. benefit, a spouse must meet the requirement of continuous 

cohabitation. To meet this requirement, the spouse must demonstrate that either 

(1) the veteran and spouse were living together at the time of the veteran’s death,

(2) they lived apart for medical, business or other reasons, or (3) they were living 

apart at the time of the veteran’s death but the spouse was not materially at fault 

in the separation. Separate rules apply to any remarriages or relationships 

terminated prior to November of 1990 and these rules are set forth in 38 CFR 

Section 3.55. Laws regarding remarriage vary dramatically depending on the type 

of benefits, the date of the remarriage, the age of the surviving spouse and the 

date that the relationship was terminated. These rules are set forth in 38 USCS 

Section 103 and 38 CFR Section 3.55. 

b. Benefits Payable To A Child Of A Veteran 

For a biological child, the V.A. will only require a written statement regarding the 

child’s age, circumstances of birth and social security number. In certain cases, 

the V.A. may request proof of the biological relationship between the child and 

the veteran. In those circumstances, any of the following evidence will be 

accepted: 

(1) a copy of the public record of birth; 

(2) a copy of a baptism record; 

(3) official report from the service department regarding the birth; 

(4) affidavit from the physician in attendance; 

(5) copy of notarized Bible or other family record; 

(6) affidavits of two or more disinterested persons who can attest to the 

child’s biological relationship to the veteran. 

If the veteran is the child’s mother, no other document is required. If the veteran 

is the child’s father, legitimacy can be proven by marriage certificate, along with 

the birth certificate, listing the veteran as the child’s father, or any other evidence 

demonstrating the child’s legitimacy, including a written acknowledgment signed 

by the veteran or a judicial decree identifying the veteran as the child’s father. 

Where a child is adopted, the child must prove that he or she was legally adopted 

prior to the age of 18, by providing a copy of the adoption decree or placement 

agreement. In the case of a stepchild, the child must currently be a resident in the 

veteran’s household in order to obtain benefits and surviving spouse must show 

that the child resided in the veteran’s household at the time of the veteran’s death. 

Certain benefits are available to children of a veteran who “became permanently 

and capable of self-support” before the age of 18. A child will maintain disabled 

or helpless child status as long as the child is unmarried, unemployed, incapable 

of self-support and the determination that the child is incapable of self-support is 

made by a V.V.A. rating agency based on medical evidence. Children between 

the ages of 18 and 23, must be pursuing a course of education at an approved 

educational institution as that term is defined in 38 USCS Section 104a in order to 

receive benefits. Benefits payable to a child may not be paid during any period 

for which the veteran or child is a fugitive felon. However, the felon status of one 

child will not affect benefits payable to the other children of the veteran.

c. Survivor Benefits 

There are a number of benefits available to the survivors of veterans. The 

primary difference in the benefits for survivors is the type of benefits the veteran 

was receiving or entitled to at the time of his or her death. 

i. When the veteran had claimed benefits, but not received them 

If a veteran dies before his or her claim is decided or before benefits are 

received, a surviving spouse, child, or dependent parent may file a claim 

for accrued benefits. These are benefits which were due to the veteran at 

the time of his or her death, but had not been paid. There must be either 

an existing decision granting benefits or a pending claim at the time of the 

veteran’s death. A qualifying family member must file the claim within 

one year of the veteran’s death and the benefits decision is made only on 

the evidence which exists in the VA’s file at the time of death. Family 

members cannot provide additional documentation after the fact. The 

accrued benefits will include any funds which would have been paid to the 

veteran as of his or her date of death. 

ii. Dependency and Indemnity Compensation (DIC) 

A qualifying family member (surviving spouse, child or dependent 

parent), can apply for (DIC) when a veteran either dies due to a service 

connected disability which was rated as totally disabling or when there is a 

service connected death of a veteran. 

If we are dealing with a surviving spouse or child, the claimant must file 

VA form 21-534. A dependent parent must file VA form 21-535. If an 

application for survivor’s benefits is filed with the Social Security 

Administration, this will also constitute a claim for VA benefits. 

If a veteran dies while in service, the death is presumed to be service 

connected unless the death was within the first six months of the veteran’s 

service or was suicide. If a veteran was receiving benefits for a service 

connected disability at the time of his or her death and the service 

connected disability is at least a contributory cause of death, DIC benefits 

may be awarded. 

In addition, a survivor may be able to establish eligibility for DIC benefits 

even if the veteran was not receiving disability compensation and had not 

established a service connection prior to his or her death. The surviving 

family member must prove the same elements as if the veteran was filing a 

claim for disability compensation in addition to showing that the service 

connected disability was a contributing factor to the death. 

If the veteran’s death was not due to a service connected condition, the 

family may still receive DIC benefits if the veteran met either the ten year 

rule, five year rule or POW rule. The ten year rule applies if a veteran was 

declared totally disabled and received 100% disability compensation

Additional Allowances: 

benefits for at least ten years prior to his or her death. In this case, the 

family is entitled to DIC benefits as if the death was service connected. 

The five year rule reaches the same conclusion when the veteran receives 

100% compensation for a five year period following his or her discharge 

and ending with death. Finally, the POW rule applies when a former 

prisoner of war receives total disability compensation for at least one year 

prior to death. 

DIC rates for a Surviving Spouse 

Veteran's Death Was On or After January 1, 1993 

Effective 12/1/08 

Basic Monthly Rate = $1154 (38 U.S.C. 1311(a)(1)) 

a. Add $246 if at the time of the veteran's death, the veteran was in receipt of or entitled to receive 

compensation for a service-connected disability rated totally disabling (including a rating based on individual 

unemployability) for a continuous period of at least 8 years immediately preceding death AND the surviving 

spouse was married to the veteran for those same 8 years. (38 U.S.C. 1311(a)(2)) 

b. Add the following allowance for each dependent child under age 18: * 

� Effective 12/1/08 $286 per child (38 U.S.C. 1311(b)) 

c. If the surviving spouse is entitled to A&A, add $286. (38 U.S.C. 1311(c)) 

d. If the surviving spouse is entitled to Housebound, add $135 (38 U.S.C. 1311(d)) 

DIC apportionment rates approved by the Under Secretary for Benefits under 38 CFR 3.461(b) will be the 

additional allowance received for each child. 

Parents Dependency and Indemnity Compensation - Effective 12/1/08 

: Sole Surviving Parent Unremarried or Remarried Living with Spouse 

: One of Two Parents Not Living with Spouse 

: One of Two Parents Living with Spouse or Other Parent 

To find out how to use these rate tables. 

Chart 1 

Sole Surviving Parent Unremarried or Remarried Living with Spouse 

Income Not Over Monthly Rate Each $1 Decrement 

$800 $569 None 

900 561 .08

1,000 553 .08 

1,100 545 .08 

1,200 537 .08 

1,300 529 .08 

1,400 521 .08 

1,500 513 .08 

1,600 505 .08 

1,700 497 .08 

1,800 489 .08 

1,900 481 .08 

2,000 473 .08 

2,100 465 .08 

2,200 457 .08 

2,300 449 .08 

2,400 441 .08 

2,500 433 .08 

2,600 425 .08 

2,700 417 .08 

2,800 409 .08 

2,900 401 .08 

3,000 393 .08 

3,100 385 .08 

3,200 377 .08 

3,300 369 .08 

3,400 361 .08 

3,500 353 .08 

3,600 345 .08 

3,700 337 .08 

3,800 329 .08 

3,900 321 .08 

4,000 313 .08 

4,100 305 .08 

4,200 297 .08 

4,300 289 .08 

4,400 281 .08 

4,500 273 .08

4,600 265 .08 

4,700 257 .08 

4,800 249 .08 

4,900 241 .08 

5,000 233 .08 

5,100 225 .08 

5,200 217 .08 

5,300 209 .08 

5,400 201 .08 

5,500 193 .08 

5,600 185 .08 

5,700 177 .08 

5,800 169 .08 

5,900 161 .08 

6,000 153 .08 

6,100 145 .08 

6,200 137 .08 

6,300 129 .08 

6,400 121 .08 

6,500 113 .08 

6,600 105 .08 

6,700 97 .08 

6,800 89 .08 

6,900 81 .08 

7,000 73 .08 

7,100 65 .08 

7,200 57 .08 

7,300 49 .08 

7,400 41 .08 

7,500 33 .08 

7,600 25 .08 

7,700 17 .08 

7,800 5.08 .08 

7,850 5 None 

If entitled to Aid & Attendance allowance add $308 to the monthly rate. 

**If living with spouse: $ 18,087 

If not living with spouse: $ 13,456

Chart 2 

One of Two Parents Not Living with Spouse 


$800 $412 None 

900 406 .06 

1,000 399 .07 

1,100 392 .07 

1,200 384 .08 

1,300 376 .08 

1,400 368 .08 

1,500 360 .08 

1,600 352 .08 

1,700 344 .08 

1,800 336 .08 

1,900 328 .08 

2,000 320 .08 

2,100 312 .08 

2,200 304 .08 

2,300 296 .08 

2,400 288 .08 

2,500 280 .08 

2,600 272 .08 

2,700 264 .08 

2,800 256 .08 

2,900 248 .08 

3,000 240 .08 

3,100 232 .08 

3,200 224 .08 

3,300 216 .08 

3,400 208 .08 

3,500 200 .08 

3,600 192 .08 

3,700 184 .08 

3,800 176 .08

3,900 168 .08 

4,000 160 .08 

4,100 152 .08 

4,200 144 .08 

4,300 136 .08 

4,400 128 .08 

4,500 120 .08 

4,600 112 .08 

4,700 104 .08 

4,800 96 .08 

4,900 88 .08 

5,000 80 .08 

5,100 72 .08 

5,200 64 .08 

5,300 56 .08 

5,400 48 .08 

5,500 40 .08 

5,600 32 .08 

5,700 24 .08 

5,800 16 .08 

5,900 8 .08 

5,937 5.04 .08 

5,938 to 13,456 5 None 


Chart 3 

One of Two Parents Living with Spouse or Other Parent 


$1,000 $387 None 

1,100 384 .03 

1,200 381 .03 

1,300 378 .03 

1,400 375 .03 

1,500 372 .03 

1,600 368 .04

1,700 364 .04 

1,800 360 .04 

1,900 356 .04 

2,000 351 .05 

2,100 346 .05 

2,200 341 .05 

2,300 336 .05 

2,400 331 .05 

2,500 325 .06 

2,600 319 .06 

2,700 313 .06 

2,800 307 .06 

2,900 301 .06 

3,000 294 .07 

3,100 287 .07 

3,200 280 .07 

3,300 272 .08 

3,400 264 .08 

3,500 256 .08 

3,600 248 .08 

3,700 240 .08 

3,800 232 .08 

3,900 224 .08 

4,000 216 .08 

4,100 208 .08 

4,200 200 .08 

4,300 192 .08 

4,400 184 .08 

4,500 176 .08 

4,600 168 .08 

4,700 160 .08 

4,800 152 .08 

4,900 144 .08 

5,000 136 .08 

5,100 128 .08 

5,200 120 .08

5,300 112 .08 

5,400 104 .08 

5,500 96 .08 

5,600 88 .08 

5,700 80 .08 

5,800 72 .08 

5,900 64 .08 

6,000 56 .08 

6,100 48 .08 

6,200 40 .08 

6,300 32 .08 

6,400 24 .08 

6,500 16 .08 

6,600 8 .08 

6,637 5.04 .08 

6,638 to 18,087 5 None 


d. Education Benefits 

Spouses, surviving spouses and children of veterans may be eligible for benefits 

under the Surviviors’ and Dependents’ Educational Assistance Program, which 

was established under 38 USC Chapter 35. 

A spouse of a living veteran is eligible for educational assistance under this 

program when the veteran is either permanently or totally disabled, missing in 

action, or a prisoner of war. A surviving spouse of a deceased veteran is entitled 

to benefits when the veteran’s death is service connected or resulted from a 

service connected disability. In order for a surviving spouse to claim benefits, 

they must claim the benefits within ten years of the veteran’s death, unless the 

veteran died while on active duty, in which case the period is extended to twenty 

years from the date of death. 

Children are entitled to benefits in all of the same situations as a surviving spouse, 

and additionally if the parent is currently on active duty at the time that benefits 

are sought. 

SURVIVORS’ & DEPENDENTS’ - (DEA/CHAPTER 35) 

INCREASED EDUCATIONAL ASSISTANCE ALLOWANCE 

EFFECTIVE OCTOBER 1, 2008

Educational Assistance Allowance for trainees under the Survivors' and Dependents' Educational 

Assistance Program (Chapter 35 of title 38, U.S.C.). The following basic monthly rates are 

effective October 1, 2008. 

Institutional Training 

Training Time Monthly rate 

Full time $915.00 

3/4 time $686.00 

1/2 time $456.00 

less than 1/2 time more than 

1/4 time 

$456.00** 

1/4 time or less $227.75 ** 

Correspondence - Entitlement charged at the rate of one month for each $915.00 paid. 

** Tuition and Fees ONLY. Payment cannot exceed the listed amount. 

Farm Cooperative Training 

Training Time Monthly rate 

Full time $737.00 

3/4 time $553.00 

1/2 time $368.00

Special Restorative Training 

Training Period Monthly rate 

Full Time $915.00 

Accelerated Charges - Cost of 

Tuition and Fees in Excess of 

Entitlement Reduced 1 day for 

Each 

$284.00 

$30.50 

(1/30 th of fulltime 

rate)

Veteran's Benefits Jennifer L. VanderVeen, CELA Note: All VA forms ...

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