**§21.3021 Definitions.**

For the purposes of subpart C and the payment of basic educational
assistance under 38 U.S.C. chapter 35, the following definitions apply.

\(a\) *Eligible* *person* means:

\(1\) A child of a:

\(i\) Veteran who died of a service-connected disability.

\(ii\) Veteran who died while having a disability evaluated as total and
permanent in nature resulting from a service-connected disability.

\(iii\) Veteran, serviceman or servicewoman who has a total disability
permanent in nature resulting from a service-connected disability.

\(iv\) Person who is on active duty as a member of the Armed Forces and
who 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.

\(2\) The surviving spouse of a:

\(i\) Veteran who died of a service-connected disability.

\(ii\) Veteran who died while having a disability evaluated as total and
permanent in nature resulting from a service-connected disability,
arising out of active military, naval or air service after the beginning
of the Spanish-American War. (See §§3.6(a) and 3.807 of this chapter.)

\(3\) The spouse of a:

\(i\) Veteran, serviceman or servicewoman who has a total disability
permanent in nature resulting from a service-connected disability.

\(ii\) Person who is on active duty as a member of the Armed Forces and
who 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.

\(b\) *Child* means a son or daughter of a veteran as defined in
§3.807(d) of this chapter. The term includes a child of a Philippine
Commonwealth Army veteran and a Philippine Scout (designated as a *New*
Philippine Scout under 38 U.S.C. 3566(b)), as defined in §3.8(b), (c),
or (d) of this chapter, but educational assistance allowance may not be
authorized based on such service for any period before September 30,
1966.

\(c\) *Wife* and *widow*, *spouse* and *surviving* *spouse.* The terms
*wife* and *widow* mean an individual as defined in §3.807(d) of this
chapter and the terms *spouse* and *surviving spouse* shall have the
same respective meaning when used in the regulations in Part 21, Title
38, Code of Federal Regulations. Educational assistance allowance may
not be authorized for any such individuals for any period before
December 1, 1968. (Authority: 38 U.S.C. 3500, 3501, and 3511)

\(d\) *Parent or guardian* means a natural or adoptive parent, a
fiduciary legally appointed by a court of competent jurisdiction or any
person who is determined to be otherwise legally vested with the care of
the eligible person (38 U.S.C. 3501(a)(4)) or it may be the eligible
person if he or she has attained majority under laws applicable in his
or her State of residence as shown on the application and is under no
known legal disability. (38 U.S.C. 3501(b)) The eligible person may be
designated as the person by whom required actions may be taken even
though he or she has not attained majority, or having attained majority,
is under a legal disability, when it is determined that to do otherwise
would not be in his or her best interest, would result in undue delay or
would not be administratively feasible. Where necessary to protect his
or her interest and there is reason why the eligible person should not
act for himself or herself, some other individual may be designated as
the person by whom required actions should be taken. (Authority: 38
U.S.C. 3501(c))

\(e\) *Armed Forces*, as to service by the eligible person, means the
U.S. Army, Navy, Marine Corps, Air Force, and Coast Guard, including the
Reserve components of each, the National Guard of the United States and
the Air National Guard of the United States. (38 U.S.C. 1701 (a)(3) and
(d) and 1712(a)) Effective December 31, 1970, the term includes the
National Oceanic and Atmospheric Administration, the Environmental
Science Services Administration and the Coast and Geodetic Survey, as to
full-time duty of officers commissioned therein. (Authority: 38 U.S.C.
101(21)(C))

\(f\) *Duty with the Armed Forces*, as to service by the eligible
person, means active duty, active duty for training for a period of 6 or
more consecutive months, or an initial period of active duty for
training of not less than 3 months or more than 6 months in the Ready
Reserve. (38 U.S.C. 3501(a)(3) and (d), 3512(a)) See §§21.3041 and
21.3042.

\(g\) *State* means each of the several States, territories, and
possessions of the United States, the District of Columbia, and the
Commonwealth of Puerto Rico, and the Canal Zone. (38 U.S.C.
101(20))(Although the Republic of the Philippines is not included in the
definition of a State, eligible persons may pursue courses of training
in that country.)

\(h\) *Program of education*. The term *program of education* means any
curriculum or any combination of unit courses or subjects pursued at an
educational institution that is generally accepted as necessary to
fulfill the requirements for the attainment of a predetermined and
identified educational, professional, or vocational objective. The term
program of education also includes:

\(1\) A preparatory course for a test that is required or used for
admission to an institution of higher education;

\(2\) A preparatory course for a test that is required or used for
admission to a graduate school; and

\(3\) A licensing or certification test, the successful completion of
which demonstrates an individual's possession of the knowledge or skill
required to enter into, maintain, or advance in employment in a
predetermined and identified vocation or profession, provided such tests
and the licensing or credentialing organizations or entities that offer
such tests are approved by VA. (Authority: 38 U.S.C. 3002(3), 3501
(a)(5))

\(i\) *Educational objective*. An educational objective is one that
leads to the awarding of a diploma, degree, or certificate which
reflects educational attainment. (Authority: 38 U.S.C. 3501(a)(5))

\(j\) *Professional or vocational objective*. A professional or
vocational objective is one that leads to an occupation. It may include
educational objectives essential to prepare for the chosen occupation.
When a program consists of a series of courses not leading to an
educational objective, such courses must be directed toward attainment
of a designated professional or vocational objective. (Authority: 38
U.S.C. 3501(a)(5))

\(k\) *School, educational institution, institution*. The terms school,
educational institution and institution mean:

\(1\) A vocational school or business school;

\(2\) A junior college, teachers' college, college, normal school,
professional school, university, or scientific or technical institution;

\(3\) A public or private secondary school;

\(4\) A training establishment as defined in §21.4200(c); or

\(5\) An institution that provides specialized vocational training,
generally recognized as on the secondary school level or above, for
people with mental or physical disabilities. (Authority: 38 U.S.C.
3501(a)(6), 3535)

\(l\) *Disabling effects of chronic alcoholism*.

\(1\) The term disabling effects of chronic alcoholism means
alcohol-induced physical or mental disorders or both, such as habitual
intoxication, withdrawal, delirium, amnesia, dementia, and other like
manifestations of chronic alcoholism which in the particular case:

\(i\) Have been medically diagnosed as manifestations of alcohol
dependency or chronic alcohol abuse; and

\(ii\) Are determined to have prevented commencement or completion of
the affected individual's chosen program of education.

\(2\) A diagnosis of alcoholism, chronic alcoholism, alcohol-dependency,
chronic alcohol abuse, etc., in and of itself, does not satisfy the
definition of this term.

\(3\) Injury sustained by an eligible spouse or surviving spouse as a
proximate and immediate result of activity undertaken by the eligible
spouse or surviving spouse while physically or mentally unqualified to
do so due to alcoholic intoxication is not considered a disabling effect
of chronic alcoholism. (Authority: 38 U.S.C. 105, 3512(b))

\(m\) *Institution of higher education*. The term *institution of higher
education* has the same meaning as provided in §21.7020(b)(45).
(Authority: 38 U.S.C. 3002(3), 3501(a)(5))

\(n\) *Graduate school*. The term *graduate school* has the same meaning
as provided in §21.7020(b)(46). (Authority: 38 U.S.C. 3002(3),
3501(a)(5))

\(o\) *Eligibility date*. The term *eligibility date* means the date on
which an individual becomes an eligible person (as defined in paragraph
(a) of this section). (Authority: 38 U.S.C. 5113)

\(p\) *P&T* means permanent and total "disability," permanently and
totally "disabled," or permanent and total "rating," when any of these
terms are used in reference to a veteran with a service-connected
disability rating determined by VA to be total for the purposes of VA
disability compensation where the impairment is reasonably certain to
continue throughout the life of the disabled veteran. (Authority: 38
U.S.C. 3501(a)(8))

\(q\) *Initial rating decision*. The term *initial rating decision*
means, with respect to an eligible spouse or child, a decision made by
VA that establishes for the person from whom such eligibility is
derived:

\(1\) Service connection for the cause of the person's death;

\(2\) A service connected P&T disability; or

\(3\) For a member of the Armed Forces, a P&T disability incurred or
aggravated in the line of duty in the active military, naval, or air
service if the member is hospitalized or receiving outpatient medical
care, services, or treatment, and is likely to be discharged or released
from such service for such disability. (Authority: 38 U.S.C. 5113)

\(r\) *Effective date of the P&T rating*. The term *effective date of
the P&T rating* means the date from which VA considers that the
veteran's P&T disability commenced for purposes of VA benefits, as
determined by the initial rating decision. (Authority: 38 U.S.C.
3512(d))

\(s\) *First finds*. The term *first finds* means the effective date of
the P&T rating or the date VA first notifies the veteran of that rating,
whichever is more advantageous to the child. (Authority: 38 U.S.C.
3512(d))

\(t\) *Counseling psychologist* means the same as provided in
§21.35(k)(1). (Authority: 38 U.S.C. 501, 3118(c), 3541, 3543)

\(u\) *Vocational rehabilitation counselor* means the same as provided
in §21.35(k)(7). (Authority: 38 U.S.C. 501, 3118(c), 3541, 3543)

\(v\) *Additional definitions*. The definitions of all terms that are
defined in §§21.1029 and 21.4200 but that are not defined in this
section apply to subpart C of this part. (Authority: 38 U.S.C. 501,
3501)

**Cross references:** Duty periods. See §3.6 of this chapter. Persons
included. See §3.7 of this chapter. Philippine and insular forces. See
§3.8 of this chapter.

\[36 FR 2508, Feb. 5, 1971, as amended at 38 FR 12110, May 9, 1973; 43
FR 35290, Aug. 9, 1978; 61 FR 26108, May 24, 1996; 61 FR 29295, June 10,
1996; 62 FR 51784, Oct. 3, 1997; 64 FR 23771, May 4, 1999; 73 FR 2423,
Jan. 15, 2008; 73 FR 30488, May 28, 2008\]

**Supplement *Highlights* references**: 27(1, 3), 34(2), 42(1), 77(2),
78(1).