--- kind: "section" citation: "38 C.F.R. § 3.807" title: "38" number: "3.807" heading: "Dependents' educational assistance; certification." url: "https://uscodex.org/cfr/38/3.807" --- # §3.807. Dependents' educational assistance; certification. For the purposes of dependents' educational assistance under 38 U.S.C. chapter 35 (see [§ 21.3020](/cfr/38/21.3020.md)), 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)](/cfr/38/3.40.md?p=b), [(c)](/cfr/38/3.40.md?p=c), or [(d)](/cfr/38/3.40.md?p=d) of this part. - (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)](/cfr/38/3.383.md?p=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)](/usc/38/3501.md?p=a)). Cases where eligibility for service-connected benefits is established under § [3.358](/cfr/38/3.358.md), [3.361](/cfr/38/3.361.md), or [3.800](/cfr/38/3.800.md) are not included. - (d) **Relationship—** - (1) “Child” means the son or daughter of a veteran who meets the requirements of [§ 3.57](/cfr/38/3.57.md), except as to age and marital status. - (2) “Spouse” means a person whose marriage to the veteran meets the requirements of [§ 3.50(a)](/cfr/38/3.50.md?p=a) of this part. - (3) “Surviving spouse” means a person whose marriage to the veteran meets the requirements of §§ [3.50(b)](/cfr/38/3.50.md?p=b) or [3.52](/cfr/38/3.52.md) of this part. ## Notes ### Amendments [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] ### Authority Authority: 38 U.S.C. 501(a), unless otherwise noted. ### Amendments [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]