**Subpart B---Claims and Applications for Educational Assistance**

Authority: 38 U.S.C. 501(a), ch. 51, and as noted in specific sections.

**Editorial Note:** The regulations formerly appearing under this
subpart were revoked at 30 FR 14103, Nov. 9, 1965. That order provided
in part, "these regulations remain in force insofar as they are
pertinent to any problems, appeals, litigation, or determinations of
liability of educational institutions or training establishments for
overpayments under 38 U.S.C. 3266."

**Claims**

21.1029 Definitions 21.1029-1

21.1030 Claims 21.1030-1

21.1031 VA responsibilities when a claim is filed 21.1031-1

21.1032 VA has a duty to assist claimants in obtaining evidence
21.1032-1

21.1033 Time limits 21.1033-1

**Claims**

**§21.1029 Definitions.**

The following definitions of terms apply to this subpart and subparts C,
D, F, G, H, K, and L, to the extent that the terms are not otherwise
defined in those subparts:

\(a\) *Abandoned claim*. A claim is an abandoned claim if:

\(1\) In connection with a formal claim VA requests that the claimant
furnish additional evidence, and the claimant:

> \(i\) Does not furnish that evidence within one year of the date of
> the request; and
>
> \(ii\) Does not show good cause why the evidence could not have been
> submitted within one year of the date of the request; or

\(2\) In connection with an informal claim, VA requests a formal claim,
and:

> \(i\) VA does not receive the formal claim within one year of the date
> of request; and

\(ii\) The claimant does not show good cause why he or she could not
have filed the formal claim in sufficient time for VA to have received
it within one year of the date of the request. (Authority: 38 U.S.C.
5103(a))

\(b\) *Date of claim*. The date of claim is the date on which a valid
claim or application for educational assistance is considered to have
been filed with VA, for purposes of determining the commencing date of
an award of that educational assistance.

\(1\) If an informal claim is filed and VA receives a formal claim
within one year of the date VA requested it, or within such other period
of time as provided by §21.1033, the date of claim, subject to the
provisions of paragraph (b)(3) of this section, is the date VA received
the informal claim.

\(2\) If a formal claim is filed other than as described in paragraph
(b)(1) of this section, the date of claim, subject to the provisions of
paragraph (b)(3) of this section, is the date VA received the formal
claim.

\(3\) If a formal claim itself is abandoned and a new formal or informal
claim is filed, the date of claim is as provided in paragraph (b)(1) or
(b)(2) of this section, as appropriate. (Authority: 38 U.S.C. 5103)

\(c\) *Educational institution*. The term *educational institution*
means:

> \(1\) 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 elementary school or secondary school;
>
> \(4\) Any entity, other than an institution of higher learning, that
> provides training for completion of a State-approved alternative
> teacher certification program;
>
> \(5\) An organization or entity offering a licensing or certification
> test; or
>
> \(6\) Any private entity that offers, either directly or indirectly
> under an agreement with another entity, a course or courses to fulfill
> requirements for the attainment of a license or certificate generally
> recognized as necessary to obtain, maintain, or advance in employment
> in a profession or vocation in a high technology occupation.
> (Authority: 38 U.S.C. 3452, 3501(a)(6), 3689(d))

\(d\) *Formal claim*. A claim is a formal claim when the claimant (or
his or her authorized representative) files the claim with VA, and:

\(1\) The claim is a claim for:

> \(i\) Educational assistance;
>
> \(ii\) An increase in educational assistance; or
>
> \(iii\) An extension of the eligibility period for receiving
> educational assistance; and

\(2\) If there is a form (either paper or electronic) prescribed under
this part, the claim is filed on that form. (Authority: 38 U.S.C.
5101(a))

\(e\) *Informal claim*.

\(1\) If a form (either paper or electronic) has been prescribed under
this part to use in claiming the benefit sought, the term informal claim
means:

\(i\) Any communication from an individual, or from an authorized
representative or a Member of Congress on that individual's behalf that
indicates a desire on the part of the individual to claim or to apply
for VA-administered educational assistance; or

\(ii\) A claim from an individual or from an authorized representative
on that individual's behalf for a benefit described in paragraph
(d)(1)(i) of this section that is filed in a document other than in the
prescribed form.

\(2\) If a form (either paper or electronic) has not been prescribed to
use in claiming the benefit sought, the term informal claim means any
communication, other than a formal claim, from an individual, or from an
authorized representative or a Member of Congress on that individual's
behalf that indicates a desire on the part of the individual to claim or
to apply for VA-administered educational assistance.

\(3\) When VA requests evidence in connection with a claim, and the
claimant submits that evidence to VA after having abandoned the claim,
the claimant's submission of the evidence is an informal claim.

\(4\) The act of enrolling in an approved educational institution or
training establishment is not an informal claim.

\(5\) VA will not consider a communication received from a service
organization, an attorney, or agent to be an informal claim if a valid
power of attorney, executed by the claimant, is not in effect at the
time the communication is written. (Authority: 10 U.S.C. 16136(b); 38
U.S.C. 3034(a), 3241(a), 3471, 3513, 5101(a), 5102, 5901)

\(f\) *Information*. The term *information* means nonevidentiary facts,
such as the claimant's Social Security number or address, or the name of
the educational institution the claimant is attending. (Authority: 38
U.S.C. 5101, 5102, 5103)

\(g\) *Substantially complete application*.

\(1\) The term *substantially complete application* means, for an
individual's first application for educational assistance administered
by VA, an application containing:

> \(i\) The claimant's name;
>
> \(ii\) His or her relationship to the veteran, if applicable;
>
> \(iii\) Sufficient information for VA to verify the claimed service,
> if applicable;
>
> \(iv\) The benefit claimed;
>
> \(v\) The program of education, if applicable; and
>
> \(vi\) The name of the educational institution or training
> establishment the claimant intends to attend, if applicable.

\(2\) For subsequent applications for educational assistance
administered by VA, *a substantially complete application* means an
application containing the information specified in paragraphs (g)(1)(i)
through (g)(1)(vi) of this section, except that the application may omit
any information specified in paragraphs (g)(1)(ii) or (g)(1)(iii) of
this section that is already of record with VA. (Authority: 38 U.S.C.
5102, 5103, 5103A)

\(h\) *Training establishment*. The term *training establishment* means
any establishment providing apprentice or other training on-the-job,
including those under the supervision of a college, university, any
State department of education, any State apprenticeship agency, any
State board of vocational education, any joint apprenticeship committee,
the Bureau of Apprenticeship and Training established in accordance with
29 U.S.C. chapter 4C, or any agency of the Federal government authorized
to supervise such training. (Authority: 38 U.S.C. 3452(e), 3501(a)(9))

\(i\) *VA*. The term VA means the United States Department of Veterans
Affairs. (Authority: 38 U.S.C. 301)

\[64 FR 23770, May 4, 1999, as amended at 72 FR 16964, Apr. 5, 2007\]

**Supplement *Highlights* reference**: 42(1), 73(1).