**Veterans Benefits Administration M22-4, Part I**

**Department of Veterans Affairs Change 26**

**Washington, D.C. 20420 April 6, 2004**

Part I, \"General,\" Veterans Benefits Administration Manual M22-4,
\"Education Procedures,\" is changed as follows:

**Pages 3-53 through 3-56:** Remove these pages and substitute pages
3-54 through 3-57 attached.

Paragraph 3.07 adds information on Public Laws 108-183 and one
additional provision on 107-103.

Brackets \[ \] have been used to show the changes.

> By Direction of the Under Secretary for Benefits

JACK MCCOY

Director, Education Service

Distribution: RPC: 2223

FD EX: ASO and AR, 1 each

**Public Date**

**Law No. Enacted Digest**

107-14 6-5-01 (Continued)

> Clarifies how additional contributions may be made for increased
> benefits under chapter 30: Active duty participants may contribute
> funds monthly in multiples of \$20 to their military branch and will
> receive \$5 per month in benefits for each \$20 contributed. This
> provision is effective May 1, 2001, for active duty service members.
>
> Clarifies the date of election for children eligible for chapter 35.
> When VA first finds chapter 35 eligibility, the eligible child may
> elect the beginning date of eligibility within 60 days after receiving
> written notice from VA of the opportunity to make the election. This
> provision does not say what to do if the child fails to respond within
> 60 days.
>
> Enlarges the number of categories of deceased individuals for which
> the chapter 30 death benefit may be paid to their surviving
> beneficiaries. The death benefit may be paid for the service-connected
> death of individuals who were involuntarily separated and enrolled or
> were voluntarily separated and enrolled. The benefit may also be paid
> for the service-connected death of former VEAP participants who
> enrolled and their pay was reduced or the funds were taken from their
> retirement pay.

107-103 12-27-01 Veterans Education and Benefits Expansion Act of 2001

> Increases the rates for chapters 30 and 35 effective January 1, 2002.
> Makes additional increases in chapter 30 effective October 1, 2002 and
> October 1, 2003.
>
> Restores entitlement used under chapters 30, 32, and 35 if a reservist
> or guard member is called to active duty under title 10 on or after
> September 11, 2001 and is forced to withdraw from school and failed to
> receive credit for the courses in which he/she was enrolled. It also
> restores entitlement used under chapters 30 and 32 to servicepersons
> ordered to a new assignment or given an increased workload on or after
> September 11, 2001 and who are forced to withdraw from school and
> failed to receive credit for the courses which he/she was enrolled.
>
> Extends the chapter 35 delimiting date of a reservist or guard member
> called to active duty by the time spent on active duty plus four
> months. This provision is effective September 11, 2001.
>
> Establishes a new provision for paying additional chapter 30 benefits
> (accelerated payment) to persons enrolled in high cost programs
> leading to

**Public Date**

**Law No. Enacted Digest**

107-103 12-27-01 (continued)

> employment in a high technology industry. This provision permits
> acceleration of benefits by providing a lump sum payment of 60% of
> tuition and fees.
>
> Establishes two new chapter 30 eligibility categories -- IIC and IID.
> The categories affect certain Vietnam era veterans who weren\'t
> previously eligible for chapter 30.
>
> Increases the ROTC scholarship assistance amount to \$3,400 that a
> student under the ROTC program may receive in a school year and still
> retain eligibility for chapter 30.
>
> As a pilot, expands work-study by increasing the number of places
> where a student can work and receive VA work-study benefits. There are
> now three new places that can employ work-study students. These
> include working where outreach services are furnished by SAA
> employees, at a State home where medical treatment is given and at a
> national cemetery or a State veterans\' cemetery assisting with
> activities relating to the administration of these facilities
> (cemeteries). The pilot will end on December 27, 2006.
>
> Invalidates the Ozer decision by setting a delimiting date for spouses
> eligible under chapter 35. The Ozer decision had determined that
> chapter 35 did not provide any delimiting date for spouses. Following
> December 27, 2001, new chapter 35 spouses get a ten-year delimiting
> date.
>
> Extends Special Restorative Training (SRT) benefits to certain spouses
> and surviving spouses.
>
> Allows new types of organizations to be considered \"educational
> institutions.\" Educational institutions now include any private
> entity that offers, either directly or under an agreement with another
> entity, a course or courses to fulfill requirements for attainment or
> a license or certificate generally recognized as necessary to obtain,
> maintain, or advance employment in a vocation or profession in a high
> technology occupation, as determined by VA.
>
> Expands the types of distance education courses that may be approved.
> Now, independent study courses can also be part of a certificate
> program. The entire certificate program can be offered by independent
> study as well. The program must lead to a certificate that reflects
> education attainment offered by an Institution of Higher Learning.
>
> Expands outreach by requiring that SAAs, in addition to VA, actively
> promote the development of VA programs of training on the job
> (including apprenticeship programs).

**Public Date**

**Law No. Enacted Digest**

107-103 12-27-01 (continued)

> SAAs are also required to conduct outreach programs and provide
> outreach services to eligible persons and veterans about education and
> training benefits.
>
> \[Specifies that a veteran who is eligible for education benefits
> under the provisions of chapters 30 or 32 may not be paid any
> education benefits for any period during which that veteran is a
> fugitive felon. A veteran\'s spouse or child who is eligible for
> education benefits under the provisions of chapter 35 or the chapter
> 30 transferred entitlement provision may not be paid any education
> benefits for any period during which the spouse, surviving spouse,
> child, or veteran is a fugitive felon. Persons receiving benefits
> under the provisions of chapter 1606 of title 10, or Sections 901 and
> 903 of Public Law 96-346 are not subject to this provision of law.\]

107-107 12-28-01 National Defense Authorization Act for Fiscal Year 2002

> Offers transferability as a reenlistment incentive to individuals with
> specific skills or in specific specialties. The total number of months
> of entitlement that may be transferred to all dependents may not
> exceed 18 months. It's up to the individual service to decide if they
> will use this incentive program.

107-314 12-2-02 National Defense Authorization Act for Fiscal Year 2003

> Changes the delimiting date for certain Selected Reservists training
> under chapter 1606 of title 10 from 10 years to 14 years. This change
> is effective October 1, 2002, and applies only to persons whose
> eligibility to chapter 1606 began on or after October 1, 1992.
>
> Provides that dependents who receive transferred entitlement will be
> paid at the veteran\'s rate of pay and not the service member's rate.
> This change amends the transferability provision of Public Law
> 107-107. VA will pay a dependent under this program at the veteran\'s
> rate, even though the person transferring entitlement is on active
> duty.
>
> Clarifies the source of funding for the transfer of entitlement
> provision. Funding for this program is to be made from the Department
> of Defense Education Benefits Fund or from Department of
> Transportation appropriations as appropriate.
>
> Amends title 10, United States Code, to provide enlistment incentives
> to facilitate national service. This new law establishes a National
> Call to Service Incentive program under which a participant agrees to
> perform a period of national service. Two of the 4 possible enlistment
> incentives are education benefits that VA will administer.

**Public Date**

**Law No. Enacted Digest**

107-330 12-6-02 Veterans Benefits Improvement Act of 2002

> Changes the requirement for \"employment in a high technology
> industry" to \"employment in a high technology occupation in a high
> technology industry.\" This change in wording is retroactive to the
> beginning of the accelerated payment provision.
>
> Makes a technical correction to the legislation which created
> eligibility categories IIC (PL 107-103). The law clarifies that
> category IIC individuals must have reenlisted or reentered a period of
> active duty after October 19, 1984.
>
> Before, the title 38 wording was "on or after\" October 19, 1984,
> which created a contradiction in the rules regarding persons who
> reenter active duty on that one particular day. The statutory language
> governing category IID continues to have this wording problem.
>
> Specifies that payments under the transfer of entitlement provision
> will be made from the DoD Education Benefits Fund or from
> appropriations made to the Department of Transportation, as
> appropriate.
>
> Changes the two-year approval requirement for licensing and
> certification tests so that a non-governmental organization\'s test
> may be approved if the organization has offered \"such test, or a test
> to certify or license in a similar or related occupation.\" This new
> wording is significantly more lenient than the previous wording. This
> is retroactively effective on November 1, 2000.
>
> Clarifies how a child\'s period of eligibility is to be determined if
> VA \"first finds\" that the parent\'s eligibility occurred between the
> child\'s 18th and 26th birthdays. The law specifies what happens when
> a child fails to make an election within the required 60-day period.
> These changes apply to claims received on or after November 1, 2000.
>
> Provides funding for the State approving agencies as follows: \$14
> million for fiscal year 2003; \$18 million for fiscal years 2004 and
> 2005; and \$19 million for fiscal years 2006 and 2007.

\[108-183 12-16-03 Veterans Benefits Act of 2003

> Allows surviving spouses who remarry after their 57^th ^birthday and
> on or after January 1, 2004, to retain their eligibility for chapter
> 35 benefits. Surviving spouses who remarried after turning 57 and
> [before]{.underline} the enactment of this provision have until
> December 16, 2004, to apply in writing for reinstatement of benefits.
> If they do not apply timely, they are not entitled to reinstatement of
> benefits at all.
>
> Allows a beneficiary's survivor to receive the full amount of accrued
> benefits in all cases. The two-year time limitation is eliminated.\]

**Public Date**

**Law No. Enacted Digest**

\[108-183 12-16-03 (continued)

> Amends 38 U.S.C. 3452(e) to allow on‑the-job training of less than
> six months for certain self-employment training programs. 
> This provision is effective June 16, 2004 and applies to veterans and
> members of the Selected Reserve only.
>
> Increases the chapter 35 rates effective July 1, 2004.
>
> Expands the PL 107-103 provision regarding the extension of delimiting
> dates. This new provision now includes persons eligible for chapter 35
> who are involuntarily ordered to full-time National Guard duty under
> section 502(f) of title 32. The delimiting date for such persons is
> extended by an amount equal to the period of active duty plus 4 months
> (not subject to the age 31 limitation).
>
> Establishes a temporary change in the computation of certain
> cost-of-living increases. VA is required to round down the
> cost-of-living increases for basic educational assistance under
> chapter 30 and for chapter 35 (except for apprenticeship and
> on-the-job training under chapter 35) from October 1, 2004 to October
> 1, 2013.
>
> Allows State approving agencies to approve non-degree, non-credit
> entrepreneurship courses offered by a Small Business Development
> Center (SBDC) or the National Veterans Business Development
> Corporation.
>
> Terminates VA's education loan program effective December 16, 2003.
> RPOs can no longer make VA education loans.
>
> Extends the Veterans' Advisory Committee on Education's existence
> until
>
> December 31, 2009.
>
> Allows the Secretary to decide a claim in less than a full year if the
> claimant fails to prosecute his or her claim. Claimants may still
> submit evidence for up to one full year and retain their original date
> of claim. This provision is effective retroactively to November 9,
> 2000.
>
> Expands the list of crimes and activities, which result in forfeiture
> of all VA benefits, including education benefits. The list now
> includes: commission of prohibited activities involving biological and
> chemical weapons, weapons of mass destruction, and nuclear materials,
> genocide, false certification by a Consular Officer, and specified
> acts of terrorism.\]