**CONTENTS**

**CHAPTER 4. CHANGE OF PROGRAM**

**SUBCHAPTER I. INTRODUCTION**

PARAGRAPH PAGE

4.01 What is the Purpose of This Chapter? 4-1

4.02 Which Education Benefits Are Affected? 4-1

4.03 What are the Major Points in This Chapter? 4-1

4.04 Why is the Change of Program Issue Important? 4-1

4.05 How is Change of Program Related to Unsatisfactory Progress? 4-2

4.06 Where Can I Find Related Information? 4-2

**SUBCHAPTER II. BASIC CONCEPTS**

4.07 What is a Change of Program? 4-2

4.08 What if a Student Receives More Than One Type of Benefit? 4-3

4.09 What is a Material Loss of Credit? 4-4

4.10 When is Development Necessary to Determine if a Change of Program
has Occurred? 4-4

4.11 How Does a Person Apply for a Change of Program? 4-4

4.12 What Governs the Effective Date of Benefits When There is a Change
of Program? 4-5

**SUBCHAPTER III. PROCESSING REQUESTS FOR CHANGE OF PROGRAM**

4.13 What are the Restrictions on a First Change of Program? 4-5

4.14 What are the Restrictions on a Second or Subsequent Change of
Program? 4-6

4.15 When is Development Required to See if a Change of Program May be
Approved? 4-6

4.16 When Can You Ask VR&C Divisions for Assistance? 4-7

4.17 How Do You Inform the Claimant of a Change of Program Decision? 4-7

FIGURE

4.01 Sample Disallowance Letter - Program Not Suitable 4-8

**CHAPTER 4. CHANGE OF PROGRAM**

**SUBCHAPTER I. INTRODUCTION**

**4.01 WHAT IS THE PURPOSE OF THIS CHAPTER?**

This chapter explains how VA\'s adjudicators should apply the \"change
of program\" requirement to education benefit programs. (Reference: 38
CFR 21.4234)

**4.02 WHICH EDUCATION BENEFITS ARE AFFECTED?**

You should apply the change of program requirements to chapters 30, 32,
and 35 of title 38, chapter 1606 of title 10, section 903 of Public Law
96-342, and the Antiterrorism Act.

*NOTE: Don\'t apply change of program requirements to section 901 of
Public Law 96-342. (Sec. 901 trainees may change to any accredited
courses without VA approval. See pt. III, ch. 11 for additional
information.)*

**4.03 WHAT ARE THE MAJOR POINTS IN THIS CHAPTER?**

**a. Change of Program Defined.** A change of program is a change in a
student\'s educational, professional or vocational objective. However,
there are five exceptional situations that are not changes of program.
Because of the exceptions, not all changes in a student\'s objective are
\"changes of program\" for VA purposes.

**b. Application Required.** A student must apply for a change of
program in all cases. No particular form is required. A school may
[no]{.underline}t request a change of program on behalf of a student.

**c. One Optional Change Allowed.** Except for children under chapter
35, the law permits one optional change of program without VA approval
provided the previous program was not terminated because of misconduct,
neglect, or lack of application. Children under chapter 35 don\'t have
the one optional change of program. VA must approve all changes of
program for children under chapter 35.

**d. Additional Changes of Program.** The law allows additional changes
of program beyond the one optional change provided VA finds the new
program is suitable to the student\'s aptitudes, interests, and
abilities. However, if the previous program was terminated because of
misconduct, neglect, or lack of application, VA must also find that
there is a reasonable likelihood that the new program will not be
interrupted because of such problems.

**e. When Suitability is an Issue.** Adjudicators should develop for
evidence of suitability only in those cases where there is a clear
indication that the proposed program is not suitable.

**4.04 WHY IS THE CHANGE OF PROGRAM ISSUE IMPORTANT?**

Although the change of program requirements have been liberalized over
the years, the issue is still important for the following reasons:

a\. You may not approve all changes of program. You have a duty to deny
those changes of program that don\'t meet the requirements of the law.

b\. You may not pay for the intervals between terms when the student
changes schools and changes program at the same time. (See par.
8.01c(3).)

c\. You may not pay for a new program unless the claimant applies for a
change of program. (See par. 4.11.)

**4.05 HOW IS CHANGE OF PROGRAM RELATED TO UNSATISFACTORY PROGRESS?**

Chapter 5 deals with unsatisfactory attendance, progress, or conduct. If
a student changes program after having been terminated by the school for
unsatisfactory attendance, progress, or conduct, you must establish both
that the new program is suitable and that the cause of the
unsatisfactory attendance, progress, or conduct has been removed.
Consult chapter 5 as well as this chapter.

**4.06 WHERE CAN I FIND RELATED INFORMATION?**

Here are selected references to the change of program issue elsewhere in
M22-4.

**a. Using BDN to Send the Student an Application for Change of
Program.** Part II, paragraph 7.03b, describes how you can use BDN to
send the student an application form for change of program. (This BDN
capability is not available for chapter 1606).

**b. Folder Required for Processing.** Part III, paragraph 1.28,
requires that a change of program be processed with the claimant\'s
folder..

**c. Flight Training.** Part IV, paragraphs 2.04, 2.06, and 2.10, cover
change of program issues in flight training cases.

**d. Unsatisfactory Attendance, Progress, or Conduct.** Part IV,
paragraphs 5.03a(2) and 5.04 cover changes of program when there is also
unsatisfactory attendance, progress, or conduct.

**e. Interval Payment.** Part IV, paragraph 8.01c(3), gives the rule for
interval payment when there is a change of program.

**SUBCHAPTER II. BASIC CONCEPTS**

**4.07 WHAT IS A CHANGE OF PROGRAM?**

A change of program is a change in the educational, professional or
vocational objective for which the student entered training. Exceptions:
None of the five situations described below is a change of program under
the law.

**a. Successful Completion of Prior Program.** Don\'t charge a change of
program if a student enters a new program leading to a different
educational, professional or vocational objective after successfully
completing the immediately preceding program. Successful completion of a
program means the attainment of that program\'s goal.

EXAMPLE: A veteran receives benefits for an associate degree in biology.
After obtaining this degree, the veteran applies for flight training.
Don\'t charge a change of program. However, if the veteran did not
successfully complete the degree program, charge a change of program.

**b. New Objective in Same General Field.** Don\'t charge a change of
program if a student enters a new program leading to an educational,
professional, or vocational objective in the same general field as the
immediately preceding program. In making this determination, \"general
field\" should be interpreted broadly. If you can make a plausible
argument that the new program is in the same general field, resolve the
issue in favor of the student without further development.

EXAMPLE 1: Someone switching majors from one engineering field to
another, one science field to another, or one of the liberal arts fields
to another should be considered to be in the same general field.

EXAMPLE 2: A student receives benefits for an on-the-job training
program leading to an objective of police officer. He subsequently
applies for an associate degree in law enforcement. Don\'t charge a
change of program.

**c. Former Program Prerequisite to New Program.** Don\'t charge a
change of program if a student enters a new program and the immediately
preceding program is a prerequisite to, or generally required for,
pursuit of the new program. Even if a change in the type of training is
required, don\'t charge a change of program.

**d. Resumption of Former Program.** Don\'t charge a change of program
if a student returns to any former program without a material loss of
credit. See paragraph 4.09 regarding material loss of credit.

EXAMPLE: A student receives benefits for an NCD (Noncollege Degree)
program in electronic technology. After completing 1,000 hours, she
withdraws. She subsequently applies for an associate degree in music.
Charge a change of program. She then withdraws from the degree program
and reenrolls in the electronic technology program. If she resumes her
electronic technology training without a material loss of credit from
the previous electronic technology program, don\'t charge a change of
program.

**e. Change of Objective With no Material Loss of Credit.** Don\'t
charge a change of program if a student changes his or her objective but
doesn\'t experience a material loss of credit. (See par. 4.09 for a
discussion of \"material loss of credit.\")

**4.08 WHAT IF A STUDENT RECEIVES MORE THAN ONE TYPE OF BENEFIT?**

If a student receives more than one type of benefit, don\'t consider the
first program under each benefit as a change of program.

EXAMPLE: A veteran is eligible for both chapter 30 and chapter 1606. He
enters a college degree program under chapter 1606 and completes 20
credits. He then enters a flight school under chapter 30. Each of these
programs is the first program under each benefit. Therefore, change of
program is not an issue.

**4.09 WHAT IS A MATERIAL LOSS OF CREDIT?**

\"Material loss of credit\" appears in two of the change of program
rules listed in paragraph 4.07. For courses measured in credit hours, a
material loss of credit exists if more than 12 credits are not
transferred to the new program. For courses measured in clock hours, a
material loss of credit exists if more than 10 percent of the completed
hours are not transferred to the new program.

EXAMPLE 1: A student completes 140 credits (on a quarter-hour system)
toward a degree in economics He switches to history. Fifteen credits
don\'t transfer to the new major. This is a material loss of credit
since more than 12 credits were not transferred to the new program.
Charge a change of program.

EXAMPLE 2: A student in a degree program changes her major. Twelve
credits don\'t transfer to the new major. Don\'t charge a change of
program since this is not a material loss of credit

EXAMPLE 3: A student enrolled in a small engine repair course completes
30 clock hours then changes to another school also offering a
certificate in small engine repair. Only 15 clock hours are transferable
to the new program. Charge a change of program since less than 90
percent of the clock hours in the old program are transferable to the
new program.

*NOTE: When evaluating material loss of credit, consider only those
credit or clock hours for which the student has received VA benefits.*

**4.10 WHEN IS DEVELOPMENT NECESSARY TO DETERMINE IF A CHANGE OF PROGRAM
HAS OCCURRED?**

**a. General.** Carefully consider the five exceptions described in
paragraph 4.07 when considering whether a change of program has
occurred. Don\'t charge a change of program or develop for evidence of a
change of program if reasonable doubt can be resolved in favor of the
claimant. Don\'t request VA Form 22-1995, Request for Change of Program
or Place of Training, or VA Form 22-5495, Request for Change of Program
or Place of Training - Survivors\' and Dependents\' Educational
Assistance, on the mere appearance of a change of program.

**b. Material Loss of Credit.** When material loss of credit is an
issue, review the amount of credit for prior training on the initial VA
Form 22-1999, Enrollment Certification, for the new program. In some
cases it may be clear there is a material loss of credit. In such cases,
charge a change of program. Resolve reasonable doubt in favor of the
claimant. Develop to determine the exact loss of credit only in cases
where there appears to be a high probability that the loss of credit is
material.

EXAMPLE: A student in his 4th year of college switches from engineering
to English. Develop to determine the exact loss of credit to determine
if a change of program has occurred.

**4.11 HOW DOES A PERSON APPLY FOR A CHANGE OF PROGRAM?**

**a. Application Required from Student.** The student must specifically
request a change of program in all cases. (No request is required if the
change in courses is not a change of program for VA purposes as
explained in par. 4.07.) Any form of communication is acceptable. An
enrollment certification indicating a change of program is considered an
informal request for change of program. However, a formal request from
the student is still required. Ask the student to complete a VA Form
22-1995 or 22-5495, as appropriate. Don\'t pay benefits until the
student returns this form.

**b. Application on Paper Enrollment Certification.** Accept a paper
enrollment certification that reflects a change of program if the
student countersigns it. In these instances, the student need not
complete a VA Form 22-1995 or a VA Form 22-5495. The school should enter
a statement such as, \"I request a change of program or place of
training\" in the Remarks section of the enrollment certification and
have the student sign the form before submitting it. Schools may use
this procedure for any paper enrollment certification sent to VA.

**c. Application on Electronic Enrollment Certification.** Accept an
electronic enrollment certification that reflects a change of program if
the school enters a statement such as the following in Remarks:
\"Student\'s signed request for this change of program or place of
training is on file.\" In such cases, the school must have a signed copy
of a VA Form 22-1995 or 22-5495 in its files.

*NOTE: If the new program or place of training requested by the student
on the VACERT generated enrollment certification is not approved, you
must request from the school a copy of the document signed by the
student requesting the change of program before disallowing the claim.
You may accept this copy by fax.*

**4.12 WHAT GOVERNS THE EFFECTIVE DATE OF BENEFITS WHEN THERE IS A
CHANGE OF PROGRAM?**

Don\'t award benefits more than one year before the date the request for
change of program is received, or one year before the enrollment
certification is received, whichever is later. (38 CFR 21.7131(a) is the
commencement date regulation for chapter 30. Similar rules apply to the
other benefit programs.)

EXAMPLE: A compliance survey reveals that a chapter 30 student changed
programs two years ago but failed to request a change of program. VA now
requests and receives the student\'s application for a change of
program. Under 38 CFR 21.7131, the commencement date for this new
program can be no earlier than one year before the date of claim.

**SUBCHAPTER III. PROCESSING REQUESTS FOR CHANGE OF PROGRAM**

**4.13 WHAT ARE THE RESTRICTIONS ON A FIRST CHANGE OF PROGRAM?**

**a. Chapter 35 Children**. VA must approve the first change of program
for chapter 35 children. The proposed program must be suitable to the
student\'s aptitudes, interests, and abilities (see par. 4.15a for more
on suitability). If the child\'s first program was discontinued because
of the child\'s misconduct, neglect, or lack of application, VA must
also find that there is a reasonable likelihood that the new program
will not be interrupted because of such problems.

**b.** **All Other Benefits**. Students under all other benefits may
make one optional change of program (without VA\'s approval) unless the
student\'s first program was discontinued because of the student\'s
misconduct, neglect, or lack of application. If the first program was
discontinued for one of these reasons, VA must find

\(1\) That the proposed program is suitable to the student\'s interests,
aptitudes, and abilities, and

\(2\) That there is a reasonable likelihood that the new program will
not be interrupted because of the student\'s misconduct, neglect, or
lack of application.

**4.14 WHAT ARE THE RESTRICTIONS ON A SECOND OR SUBSEQUENT CHANGE OF
PROGRAM?**

VA must find that the proposed program of education is suitable to the
student\'s aptitudes, interests, and abilities. (See par. 4.15a.) In
addition, if the previous program was terminated due to the student\'s
misconduct, neglect, or lack of application, VA must also find that
there is a reasonable likelihood that the new program will not be
interrupted because of such problems.

**4.15 WHEN IS DEVELOPMENT REQUIRED TO SEE IF A CHANGE OF PROGRAM MAY BE
APPROVED?**

**a. Suitability is the Issue.** When the only issue is suitability, VA
will presume that a proposed program is suitable unless there is strong
evidence to the contrary. Limit development to exceptional cases. For
example, if the student repeatedly has dropped out of courses because of
their difficulty and now proposes to take a program at the same or
higher level of difficulty, develop the case.

EXAMPLE: A veteran\'s first change of program was from a B.S. in
engineering to a B.S. in physics. The veteran now requests a second
change of program from physics to mathematics. Although his school has
not reported unsatisfactory progress, the record shows this student
dropped out of several difficult courses in the first two programs. In
the past, the veteran had cited \"couldn\'t keep up\" as the reason for
dropping out of school. Development in this situation would be
appropriate. If the veteran cannot explain why the proposed program is
suitable, deny the claim.

**b. Unsatisfactory Attendance, Progress, or Conduct is the Issue.**
Always develop if the evidence indicates the [school]{.underline}
terminated the student\'s previous program because of one or more of
these elements. In such cases, suitability will also be an issue.

**c. Misconduct, Neglect, or Lack of Application is the Issue.** Always
develop if the evidence indicates the [student]{.underline} terminated
the previous program because of one or more of these elements. (These
are not issues if the [school]{.underline} terminated the student\'s
program for unsatisfactory, attendance, progress, or conduct.) In such
cases, suitability will also be an issue.

**d. How to Develop.** Send the student the PCGL (Personal Computer
Generated Letter) letter which asks the student to complete VA Form
22-8873, Supplemental Information for Change of Program or Reenrollment
After Unsatisfactory Progress or Conduct, and which invites the student
to submit the results of counseling or to request VA counseling. If
misconduct, neglect, or lack of application are issues and the school
did not terminate the previous program, add a question to the letter
along the following lines: \"It appears your previous program was
terminated because of your misconduct, neglect, or lack of application.
Please explain how you plan to overcome the indicated problem as well as
why your proposed program is right for you.\"

*NOTE: VA Form 22-8873 does not specifically address the issues of
misconduct, neglect, or lack of application. It does address the issue
of suitability and the issue of [termination by the school]{.underline}
for unsatisfactory attendance, progress, or conduct.*

**4.16 WHEN CAN YOU ASK VR&C DIVISIONS FOR ASSISTANCE?**

**a. Student Requests Counseling.** If a student requests VA counseling
as the result of the development letter described in paragraph 4.15d
above, refer the request to the appropriate VR&C (Vocational
Rehabilitation and Counseling) Division. (See pt. III, par. 5.07.) Ask
that VR&C\'s response be returned to the RPO (Regional Processing
Office).

\(1\) If the student completes counseling, VR&C will send VA Form
28-1902k, Counseling Record - Educational and Vocational Counseling
Results, to the RPO. VR&C will include a recommendation as to the
suitability of the student\'s proposed program.

\(2\) If the student and VR&C do not agree, VA Form 28-1902k will
indicate that the student\'s proposed program is not suitable or
probably not suitable. In this event, disallow the student\'s request
for a change of program following the procedures in paragraph 4.17b
below.

**b. Student Submits Counseling or Testing Information.** If the student
submits counseling or testing information directly to the RPO, request a
counseling psychologist at that office to review the evidence and to
provide an assessment of the proposed program\'s suitability. Technical
evidence includes aptitude test results, achievement test scores, and
non-VA counseling reports.

**4.17 HOW DO YOU INFORM THE CLAIMANT OF A CHANGE OF PROGRAM DECISION?**

**a. Benefits Granted**

\(1\) If the school has not yet submitted an enrollment certification to
VA, send the student a VA Form 22-1993a, Certificate of Eligibility.
(See pt. III, par. 9.01.) Check the appropriate change of program block
on this form.

\(2\) If an enrollment certification is in the student\'s folder,
prepare an award, if appropriate. To generate the appropriate paragraph
in the computer-generated award letter, enter the program change number
(1, 2, 3, etc.) in the program change field on the award screen. Use a
reentrance award with beginning reason code 60. (For chapter 1606, issue
a dictated letter because BDN cannot issue the appropriate paragraph.)

**b. Benefits Denied.** Prepare a dictated disallowance letter. (See
fig. 4.01 for a sample.) Include the reason for the disallowance and
summarize the evidence that was the basis for the decision. Enclose VA
Form 4107, Notice of Procedural and Appellate Rights. For a student
under chapter 30, 32, or 1606 or section 903, enclose VA Form 22-1995.
For a student under chapter 35 or the Antiterrorism Act, enclose VA Form
22-5495. Explain that the student may use the enclosed form to apply for
a different program or to request VA counseling to plan a suitable
educational or vocational program.

> Dear
>
> We have carefully reviewed your claim for VA benefits for training in
> the \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ program. As we
> informed you in our letter dated \_\_\_\_\_\_\_\_\_\_\_\_\_, we cannot
> approve your claim unless you enroll in a program which is suitable to
> your abilities, aptitudes and interests.
>
> We reviewed the following evidence to determine whether your program
> is suitable:
>
> a\. Your original application for VA benefits showing the training you
> received before and during military service.
>
> b\. Records of your previous training with VA benefits.
>
> c\. The supporting evidence you submitted on [(date)]{.underline},
> which included:
>
> d\. Other
>
> We are unable to approve your claim for a change of program. The
> evidence does not show your program is suitable to your abilities,
> aptitudes and interests because [(insert reason)]{.underline}.
>
> We remind you that VA counseling is available to help you make good
> use of your benefits. Enclosed is an application form to apply for
> another program of education or training, or to request VA counseling.
>
> If you disagree with our decision, please review the enclosed VA Form
> 4107, Notice of Procedural and Appellate Rights.
>
> Sincerely yours,
>
> ADJUDICATION OFFICER
>
> Enclosures
>
> *(NOTE: Enclose VA Form 22-1995 or 22-5495 and VA Form 4107.)*
>
> **Figure 4.01. Sample Disallowance Letter - Program Not Suitable**