**§3.315 Basic eligibility determinations; dependents, loans,
education.**

\(a\) *Child over 18 Years.* A child of a veteran may be considered a
"child" after age 18 for purposes of benefits under title 38, United
States Code (except ch. 19 and sec. 5202(b) of ch. 85), if found by a
rating determination to have become, prior to age 18, permanently
incapable of self-support. (Authority: 38 U.S.C. 101(4)(B))

\(b\) *Loans.* If a veteran of World War II, the Korean conflict or the
Vietnam era had less than 90 days of service, or if a veteran who served
after July 25, 1947, and prior to June 27, 1950, or after January 31,
1955, and prior to August 5, 1964, or after May 7, 1975, has less than
181 days of service on active duty as defined in §§36.4301 and 36.4501,
eligibility of the veteran for a loan under 38 U.S.C. ch. 37 requires a
determination that the veteran was discharged or released because of a
service-connected disability or that the official service department
records show that he or she had at the time of separation from service a
service-connected disability which in medical judgment would have
warranted a discharge for disability. These determinations are subject
to the presumption of incurrence under §3.304(b). Determinations based
on World War II, Korean conflict and Vietnam era service are also
subject to the presumption of aggravation under §3.306(b) while
determination based on service on or after February 1, 1955, and before
August 5, 1964, or after May 7, 1975, are subject to the presumption of
aggravation under §3.306(a) and (c). The provisions of this paragraph
are also applicable, regardless of length of service, in determining
eligibility to the maximum period of entitlement based on discharge or
release for a service-connected disability. (See also the minimum
service requirements of §3.12a.) (Authority: 38 U.S.C. 3702, 3707, 3718)

\(c\) *Veterans' educational assistance.*

\(1\) A determination is required as to whether a veteran was discharged
or released from active duty service because of a service-connected
disability (or whether the official service department records show that
the veteran had at time of separation from service a service-connected
disability which in medical judgment would have warranted discharge for
disability) whenever any of the following circumstances exist:

\(i\) The veteran applies for benefits under 38 U.S.C. chapter 32, the
minimum active duty service requirements of 38 U.S.C. 5303A apply to him
or her, and the veteran would be eligible for such benefits only if:

\(A\) He or she was discharged or released from active duty for a
disability incurred or aggravated in line of duty, or

\(B\) He or she has a disability that VA has determined to be
compensable under 38 U.S.C. chapter 11; or

\(ii\) The veteran applies for benefits under 38 U.S.C. chapter 30 and:

\(A\) The evidence of record does not clearly show either that the
veteran was discharged or released from active duty for disability or
that the veteran's discharge or release from active duty was unrelated
to disability, and

\(B\) The veteran is eligible for basic educational assistance except
for the minimum length of active duty service requirements of
§21.7042(a) or §21.7044(a) of this chapter.

\(2\) A determination is required as to whether a veteran was discharged
or released from service in the Selected Reserve for a service-connected
disability or for a medical condition which preexisted the veteran's
having become a member of the Selected Reserve and which VA determines
is not service connected when the veteran applies for benefits under 38
U.S.C. chapter 30 and:

\(i\) Either the veteran would be eligible for basic educational
assistance under that chapter only if he or she was discharged from the
Selected Reserve for a service-connected disability, or for a medical
condition which preexisted the veteran's having become a member of the
Selected Reserve and which VA finds is not service connected, or

\(ii\) The veteran is entitled to basic educational assistance and would
be entitled to receive it at the rates stated in §21.7136(a) or
§21.7137(a) of this chapter only if he or she was discharged from the
Selected Reserve for a service-connected disability or for a medical
condition which preexisted the veteran's having become a member of the
Selected Reserve and which VA finds is not service connected.

\(3\) A determination is required as to whether a reservist has been
unable to pursue a program of education due to a disability which has
been incurred in or aggravated by service in the Selected Reserve when:

\(i\) The reservist is otherwise entitled to educational assistance
under 10 U.S.C. chapter 1606, and

\(ii\) He or she applies for an extension of his or her eligibility
period.

\(4\) The determinations required by paragraphs (c)(1) through (c)(3) of
this section are subject to the presumptions of incurrence under
§3.304(b) and aggravation under §3.306(a) and (c) of this part, based on
service rendered after May 7, 1975. (Authority: 38 U.S.C.
3011(a)(1)(A)(ii), 3012(b)(1), 3202(1)(A), 10 U.S.C. 16133(b))

\[38 FR 871, Jan. 5, 1973, as amended at 42 FR 22869, May 5, 1977; 50 FR
53315, Dec. 31, 1985; 51 FR 1510, Jan. 14, 1986; 55 FR 25974, June 26,
1990; 61 FR 67950, Dec. 26, 1996\]

**Supplement *Highlights* reference**: 25(1).

**Cross references:** (39 FR 5313, Feb. 12, 1974) Permanent and total
disability ratings for pension purposes. See §3.342. Special monthly
dependency and indemnity compensation, death compensation and pension
ratings. See §3.351. Determination of permanent need for regular aid and
attendance and "permanently bedridden." See §3.352. Conditions which
determine permanent incapacity for self-support. See §3.356.