**CONTENTS**

**CHAPTER 3. DUPLICATION OF BENEFITS**

PARAGRAPH PAGE

3.01 General 3-1

3.02 Nonduplication of Education Benefits 3-\[2\]

3.03 Dual Eligibility for Chapter 35 and REPS 3-\[3\]

3.04 Payment of Additional Education Benefits to a Veteran

For a Dependent Also Eligible for Education Benefits 3-\[3\]

3.05 Pension, Compensation, and DIC - Chapter 35 3-\[4\]

3.06 Benefits From the Office of Workers\' Compensation Programs 3-\[5\]

3.07 Other Federal Programs - 38 CFR \[21.3025, 21.4022,\]

21.5023, 21.7142, & 21.7642 3-\[5\]

**CHAPTER 3. DUPLICATION OF BENEFITS**

**3.01 GENERAL**

**a. Bar to Duplicate Payment of Benefits.** \[The law prohibits
concurrent payment of education benefits under more than one law
administered by VA and concurrent payment of education benefits and
certain other federal benefit programs. If a duplication is not listed
in this chapter, then it is allowable. For example, there is no bar
between receipt of education benefits and Pell grants.

**b.** **Election Required.** If an individual is eligible for benefits
under more than one VA education program, he or she must elect between
those programs. An election may also be required if an individual is
eligible for VA education benefits and other VA benefits or other
federal benefits.

**c.** **Responsibility for Detecting Duplicate Payments.** Education
Section personnel are responsible for ensuring that appropriate
elections of benefits are made and for detecting unauthorized
duplication of benefit payments. Take the following actions when
processing enrollment certifications:

\(1\) If processing an original claim, first carefully review the
application form (VA Form 22-1990, Application for VA Education
Benefits, or VA Form 22-5490, Application for Survivors\' and
Dependents\' Educational Assistance, for entitlement to GETA (Government
Employees\' Training Act). (See par. 3.07b.) For veterans and
servicepersons, also review the application for entitlement to tuition
assistance. Then, review for prior training in other benefits as
described in part III, paragraph 3.20.

\(2\) Whether processing an original or a supplemental claim, review all
sources of potentially duplicate education payments. Use the MINQ
(Master Record Inquiry) command to check each education database
(chapter 30, 31, 32, 34/35, and 1606). If BDN (Benefits Delivery
Network)\] shows an S02 (Payee Selection) screen with additional master
records, review these records for possible duplication.

*NOTE: ECAP (Electronic Certification Automated Processing)
automatically identifies cases with master records for different
education benefits.*

\(3\) If any of the reviews show that the claimant has duplicate award
periods, advise him or her that VA cannot authorize duplicate payments.
Explain the advantages and disadvantages of each benefit. Allow the
claimant to elect what benefit he or she wants to receive.

\(4\) Create a debt for duplicate award periods for the benefit not
elected.\]

**3.02 NONDUPLICATION OF EDUCATION BENEFITS**

**a. General.** An individual who is eligible for education benefits
under more than one benefit program administered by VA must elect which
benefit he or she will receive. (See 38 CFR 21.4022.) The different
benefits are as follows:

\(1\) \[Chapter 30 of title 38, U.S. Code.

\(2\) Chapter 31 of title 38, U.S. Code. (See Note below for an
exception.)

\(3\) Chapter 32 of title 38, U.S. Code.

\(4\) Chapter 35 of title 38, U.S. Code.

\(5\) Chapter 1606 of title 10, U.S. Code.

\(6\) Section 901 of Public Law 96-342.

\(7\) Section 903 of Public Law 96-342.

\(8\) The Omnibus Diplomatic Security and Antiterrorism Act of 1986.

*NOTE: The law does allow the payment of chapter 30 OJT benefits to a
veteran and the payment of chapter 31 to a veteran\'s employer under the
provisions of the Employer Incentives Program in 38 U.S.C. 3116b(2). If
a veteran qualifies for this type of benefit duplication, Vocational
Rehabilitation & \[Employment and the RPO (Regional Processing Office)
will have to coordinate actions to ensure that the veteran has
sufficient entitlement remaining to complete the chapter 30 OJT program.
(See pt. I, par. 4.13b.)*

**b. Reserved for Future Use.**

**c. Election Requirements**

\(1\) Elections are subject to regulations governing the use of previous
education or training toward the new program to shorten the course and
other limitations, such as changes of program and delimiting and
termination dates, that are appropriate to the benefit program chosen.

\(2\) If an applicant is eligible for more than one education benefit,
he or she must be fully informed about his or her potential eligibility
under each program for which he or she is eligible.

*NOTE: If a claimant applies for a benefit, and is also eligible for a
greater benefit, VA has an obligation to notify the claimant of this
eligibility. For example, notify a claimant if he or she applies for
chapter 1606 and also qualifies for chapter 30 benefits.*

**d. Elections Between Benefits - Different Periods of Military
Service.** If a person is eligible under more than one benefit program
based on different periods of military service, he or she may elect
between benefits at any time. However, if a person is eligible for
chapters 30 and 1606 based on different periods of military service, or
is eligible for either chapter 30 or 1606 and another education benefit,
he or she may not elect between benefits more than one time during each
calendar month.

**e. Elections Between Benefits - Same Period of Military Service**

\(1\) If eligibility to more than one VA education benefit is based on
the same period of military service, the individual must decide to which
benefit that period of service should apply. These are normally
irrevocable elections as described in the program eligibility
requirements.

\(a\) For elections between chapter 30 and chapter 1606, see part V,
paragraph 1.18d(1). (38 CFR 21.7042(d)(3) states that this is an
irrevocable election as soon as the claimant cashes one check or
receives one EFT (Electronic Funds Transfer) payment.)

\(b\) For elections between chapter 32 and chapter 1606, see part VI,
paragraph 1.07. (38 CFR 21.5040(g) states that this is an irrevocable
election as soon as the claimant cashes a check under the program.)

\(2\) An important exception to the rule in subparagraph (1) occurs when
a disabled veteran is eligible for chapter 31 benefits and another VA
education benefit based on the same period of military service. There is
no restriction on the number of times the veteran may elect between
chapter 31 and the other VA education benefit. The individual is
prohibited from receiving both benefits at the same time.\]

**3.03 DUAL ELIGIBILITY FOR CHAPTER 35 AND REPS**

\[There is no bar to concurrent payment of benefits under chapter 35 and
REPS (Restored Entitlement Program for Survivors) under section 156 of
Public Law 97-377. No election is required between these benefits.\] For
more on REPS, see M21-1, part IV, chapter 32.

**3.04 PAYMENT OF ADDITIONAL EDUCATION BENEFITS TO A VETERAN FOR A
DEPENDENT ALSO ELIGIBLE FOR EDUCATION BENEFITS**

**a. Dependent Eligible Based on Own Service.** If a veteran\'s spouse
or dependent child is eligible for benefits under chapter 30, 31, 32, or
\[1606\], or under section 901 or 903 based on that dependent\'s own
military service, there is no bar to payment of additional chapter 30
benefits to the veteran for his or her spouse or child.

**b. Dependent Eligible for Chapter 35.** If a veteran\'s spouse or
dependent child is eligible for benefits under chapter 35, there is no
bar to payment of additional chapter 30 benefits to the veteran for his
or her spouse or child.

**3.05 PENSION, COMPENSATION, AND DIC - CHAPTER 35**

**a. Election Required for Child.** An election between chapter 35
benefits and pension, compensation, or DIC (Dependency and Indemnity
Compensation) applies only to sons and daughters of veterans. \[(See
38 CFR 21.3023.)

\(1\) A child eligible for chapter 35 benefits who is also eligible for
or qualifies as a dependent for pension, compensation, or DIC based on
school attendance must elect whether he or she will receive chapter 35
benefits, rather than pension, compensation, or DIC.

\(2\) An election of chapter 35 either before or after a child\'s 18th
birthday is a bar to subsequent payment of pension, compensation, or DIC
based on the child\'s school attendance. This bar applies as well in
situations where the child has eligibility from more than one parent.

\(3\) When a child not rated helpless begins a chapter 35 program of
education and negotiates a check or receives an EFT (Electronic Funds
Transfer) payment, his or her election of chapter 35 benefits is final.
This election is not final if it was based on erroneous information
furnished by an authorized representative of VA.

\(4\) Chapter 35 or special restorative training generally may be paid
concurrently with pension, compensation, or DIC for a child who is under
age 18 or for a helpless child based on the service of one or more
parents. However, if chapter 35 eligibility is based on the death of
more than one parent in the same parental line, concurrent payments in
two or more cases may not be made if the death of one parent occurred on
or after June 9, 1960.

\(5\) In cases in which a child who is under age 18 or helpless has
elected chapter 35 in one case, he or she may receive this benefit
concurrently with pension, compensation, or DIC in that case. The child
at any time before attaining age 18, or during helplessness, may reelect
benefits based on the death of another parent in the same parental line.

**b. Election Not Required for Spouse/Surviving Spouse.** There is no
bar to concurrent payment of benefits under chapter 35 and of pension,
compensation, or DIC to or for a spouse or surviving spouse. For
example, a veteran may receive additional compensation for his or her
spouse during periods for which he or she is receiving chapter 35
benefits. A surviving spouse may receive death pension or DIC for
periods during which he or she is receiving chapter 35 benefits.

**c. Adjustment of Awards in Different Stations.** Authorization of an
original chapter 35 award may require adjusting the veteran\'s
compensation award, or adjusting the surviving spouse\'s or children\'s
DIC award. See paragraph 4.11 for procedures. This adjustment may
involve creating an overpayment in the compensation or DIC account. The
RPO is responsible for coordinating actions between the education award
and the compensation or DIC award. This overpayment may be offset from a
chapter 35 original award only if the compensation or DIC award is to or
for the child. M21-1 may require a predetermination notice in cases
where an overpayment must be created against a veteran or widow. RPOs
should not delay authorization of a child\'s chapter 35 benefits while
such predetermination notice is being given the veteran or widow.\]

**3.06 BENEFITS FROM THE OFFICE OF WORKERS\' COMPENSATION PROGRAMS**

**a. General.** A bar to concurrent receipt of VA education benefits and
benefits from the Office of Workers\' Compensation Programs under the
FECA (Federal Employees\' Compensation Act) applies only to certain
individuals eligible for chapter 35 benefits. (For sake of brevity,
benefits from the Office of Workers\' Compensation Programs under the
FECA are referred to as FECA benefits.) For additional information on
FECA, see M21-1, part IV, chapter 20, subchapters IV and X.

**b. Chapters 30, 32, and \[1606, and Sections 901 and 903.** Education
benefits may be paid to an individual based on his or her own military
service concurrently with FECA benefits based on his or her parent\'s
disability or death.

**c. Chapter 35.** See 38 CFR 21.3024.\]

**3.07 OTHER FEDERAL PROGRAMS - 38 \[CFR 21.3025, 21.4022\], 21.5023,
21.7142, & 21.7642**

**a. Chapters 30, 32, and \[1606 and Section 903**

\(1\) [Active Duty]{.underline}. Payment of VA education benefits is
prohibited if an individual is on active duty and is enrolled in a unit
course or courses which are paid for in whole or in part by the Armed
Forces (or by the Department of Health and Human Services for service in
the Public Health Service).

*NOTE: Some chapter 30 veterans join the reserves and receive tuition
assistance. Since these reservists are not on active duty, there is no
prohibition to receipt of chapter 30 benefits and tuition assistance
from the selected reserves for pursuit of the same courses.*

\(a\) The prohibition against payment of VA benefits when a reservist is
enrolled in a unit course or courses which are paid in whole or in part
by the Armed Forces (Selected Reserve), does not apply to persons
eligible for chapter 1606 benefits based on satisfactory participation
in the Selected Reserve.

\(b\) For a person eligible for chapter 1606, benefits may not be paid
for enrollments at less than half-time if tuition assistance is
available from his or her reserve component. There is no prohibition for
a reservist training at half-time or more from receiving chapter 1606
benefits even though he or she may receive tuition assistance for
pursuit of the same course or courses. Tuition assistance is available
only to members of the Army Reserve and Army National Guard; it is not
available if there is no tuition charge to the student. (See pt. VIII,
par. 4.19, for details concerning tuition assistance as it relates to
chapter 1606 students enrolled at less than half-time.)

*NOTE: Subparagraph (b) only refers to federal tuition assistance.
Tuition assistance given by a State to the National Guard members is not
a duplication of benefits.*

\(2\) [Government Employees\' Training Act]{.underline}

\(a\) Before October 29, 1992, VA was prohibited from awarding
educational assistance to an individual enrolled in a unit course or
courses being paid for in whole or in part by the United States under
GETA (Government Employees\' Training Act) if the employee was being
paid full salary while training and the employee pursued the training
during his or her normal duty hours. No bar existed when training which
was paid for under the GETA was pursued during the employee\'s off-duty
hours.

\(b\) Public Law 102-568 revised the criteria. Effective October 29,
1992, VA is prohibited from awarding educational benefits to an
individual for a course or courses paid for in whole or in part under
GETA regardless of whether the individual receives less than full salary
while training or whether the training is pursued during an
individual\'s normal duty hours or during off-duty hours. This
prohibition applies to all enrollment periods beginning on or after
October 29, 1992.

*NOTE: A serviceperson attending school while on excess leave pays his
or her own tuition and fees and, therefore, is not barred from receiving
VA education benefits, if otherwise eligible.*

**b. Chapter 35**. Payment of chapter 35 benefits is prohibited if the
eligible person is training under GETA as described in subparagraph a(2)
above.\]

**c. Section 901**. The prohibitions described in subparagraph a above
do not apply to those eligible for section 901 benefits.

**d. Unit Courses.** The prohibitions against payment of VA education
benefits in subparagraphs a and b above are directed to unit courses
paid for in whole or in part by the federal government. They do not bar
payment of education benefits for those unit courses that the student
may be pursuing concurrently with unit courses paid for by the federal
government even though all such courses may be a part of one program of
education.

EXAMPLE: A serviceperson who is eligible for benefits under chapter 30
is enrolled in three courses which lead to an associate degree. One of
the courses is being paid for by her branch of service\'s tuition
assistance program. Chapter 30 benefits may be paid for her enrollment
in the other two courses which are not paid for by tuition assistance.