Should I preemptively remove my 21-year-old Dependent for CH 35 benefit purposes?
I have two college age kids. One is 21 and attending college and is currently in receipt of CH 35 benefits. The VA initiated a claim on him and the results are below:
"In our CH35 Dependent Removal Due Process dated, XXXX,, we proposed to reduce your benefits because your dependent, XXXX, elected to receive VA Dependents' Educational Assistance (DEA) Chapter 35. According to the provisions of 38 CFR §21.3023 and 38 U.S.C. §3562, you are prohibited the concurrent receipt of VA Dependents' Educational Assistance (DEA) Chapter 35 and Department of Veterans Affairs (VA) disability compensation or pension. Therefore, we have removed your dependent, XXXX, from your award effective the date VA DEA (CH 35) started, XXXX. IMPORTANT INFORMATION: This action will create a debt to you. In addition, an election to receive VA DEA Chapter 35 or education benefits under the Fry Scholarship is final. Once VA pays either of the education benefits to a child, VA may not pay disability or survivors benefits to or for the same child for any period subsequent to the effective date of the first payment of education benefits."
So I owe the VA some of that money back which sucks because I didn't know about this scenario. I'll accept that I should have known or done research ahead of time. My daughter is planning on using CH 35 benefits later this month when she goes back to school. I don't want a repeat of what happened with my son, so my question is, should I preemptively remove my daughter from VA dependency before she applies for CH 35 to avoid this happening again? Thank you for your time.