S. 2698 — Safeguarding Department of Veterans Affairs Dependent Education Benefits Act of 2025

This section establishes a new section 3319A of the Post-9/11 GI Bill (Chapter 33 of title 38, U.S. Code) authorizing the Secretary concerned (of Defense or Homeland Security, in coordination with the Secretary of Veterans Affairs) to reinstate terminated transferred educational assistance payments to a spouse or dependent child if the termination resulted from the service member's administrative separation or conviction for a dependent-abuse offense (i.e., criminal abuse of a spouse or dependent child, as defined in regulations) that caused a discharge characterization failing Post-9/11 GI Bill eligibility requirements under section 3311(c). (As background, the Post-9/11 GI Bill provides up to 36 months of tuition, housing, books, and supplies benefits to eligible veterans serving on active duty after September 10, 2001; under section 3319, veterans may irrevocably transfer unused benefits to spouses or children, subject to service and discharge requirements.) The section requires (1) applications by spouses or children with evidence they were victims, processed in a trauma-informed manner after consultation with veterans service organizations; (2) determinations based on a preponderance of evidence in the separation record or a conviction; (3) reinstatement limited to any remaining unused benefits; (4) 30-day review procedures by the Secretary of Defense or Homeland Security to overturn denials, with public guidance; and (5) regulations specifying application procedures and qualifying dependent-abuse offenses under the Uniform Code of Military Justice, federal, state, Tribal, or foreign law. It prohibits concurrent receipt of these reinstated benefits with other VA education programs and makes conforming clerical amendments to the chapter table of sections. (Thus, victims retain access to transferred benefits despite the service member's disqualifying discharge.)