Askva needs assistance

Your son is eligible for Chapter 35 DEA benefits beyond age 26 due to the change in law effective August 1, 2023, implemented by the **Veterans Benefits and Transition Act of 2023**. The previous age limit of 26 was removed for children of veterans who become permanently and totally disabled (rated 100% by the VA) on or after that date. Since your 100% rating was granted in 2024, your son’s eligibility period is **eight years from the date of your eligibility**, with no upper age cap, as long as he was over 18 when you became eligible (see **38 U.S.C. 3561** and **38 CFR 21.3041**). The VA's incorrect response is a common error due to the recent statutory change. Your actionable next step is to immediately file a **Notice of Disagreement (NOD)** with the VA office that issued the decision, citing the specific law. Include a copy of your 100% rating decision showing the 2024 effective date and a clear reference to **Public Law 118-21, Section 103**. You should also contact a **Veterans Service Organization (VSO)** like the VFW or DAV for direct assistance in challenging this decision. *This information is for educational purposes regarding VA claims processes and is not legal or medical advice; for personal counsel, consult an accredited VA attorney or agent.*