**CONTENTS**

**CHAPTER 7. RESTRICTIONS ON TRAINING**

**SUBCHAPTER I. RESTRICTIONS ON SPECIFIC COURSES**

**PARAGRAPH PAGE**

7.01 Courses Precluded Under All Circumstances 7-1

7.02 Programs and Courses Precluded Under Certain Conditions 7-2

7.03 Restrictions Which Apply to Particular Benefits 7-\[3\]

7.04 Restrictions on Combination Programs 7-5

7.05 Study in a Foreign Country 7-7

**SUBCHAPTER II. CONDITIONS UNDER WHICH A STUDENT IS CONSIDERED ALREADY
QUALIFIED**

7.06 General Principles 7-8

7.07 Trade and Technical Courses or Programs 7-8

7.08 College Level Programs 7-9

7.09 Sales Training 7-9

7.10 Courses Required for Relicensing 7-9

7.11 Bar Review and Similar Courses 7-10

7.12 Apprenticeship and Other On-the-Job Training 7-10

7.13 Farm Cooperative Training 7-10

**SUBCHAPTER III. SECONDARY LEVEL TRAINING**

7.14 General Principles 7-11

7.15 High School Diploma or Equivalency Training 7-11

7.16 Noncredit Refresher, Remedial, and Deficiency Courses 7-13

7.17 Overview of Refresher Training 7-14

7.18 Restrictions on Refresher Training 7-14

FIGURE

7.01 Course and Program Restrictions Which Apply to Particular Benefits
7-\[3\]

**CHAPTER 7. RESTRICTIONS ON TRAINING**

**SUBCHAPTER I. RESTRICTIONS ON SPECIFIC COURSES**

**7.01 COURSES PRECLUDED UNDER ALL CIRCUMSTANCES**

The courses indicated below are always prohibited under chapters 30, 32,
and 35 of title 38 U.S.C., section 903 of Public Law 96-342, chapter
1606 of title 10 U.S.C., and the Omnibus Diplomatic Security and
Antiterrorism Act of 1986. (See par. 11.10 regarding restrictions on
training under section 901 of Public Law 96-342). \[Claim examiners)\]
should check with the appropriate ELR (Education Liaison Representative)
if they have questions about how these restrictions apply in specific
cases.

**a. Bartending and Personality Development.** Any bartending or
personality development courses (38 CFR 21.4252(a).

**b. Radio:** Any course(s) given by radio (38 CFR 21.4252(d)).

**c. Open Circuit TV.** Any course or courses taken [solely]{.underline}
by open circuit television before October 9, 1996. There is no such
restriction on and after October 9, 1996. See part IV, paragraph 6.09c.

**d. Private Pilot\'s Training.** Vocational flight training for a
private pilot\'s certificate. However, flight training at the private
pilot\'s level may be pursued under all chapters at an IHL (Institution
of Higher Learning) for credit toward a standard college degree (38 CFR
21.4252(c)).

**e. Self-Improvement Courses.** Self-improvement courses such as
reading, speaking, woodworking, basic seamanship, or English as a second
language, which may or may not lead to a certificate in general studies.
Although a certificate is awarded upon completion of a required number
of courses or subjects, it does not meet the requirements of an
educational, professional, or vocational objective as described in
paragraph 6.04.

**f. Avocational Courses.** Any course which is avocational or
recreational in character, or for which the advertising contains
significant avocational or recreational themes (38 CFR 21.4252(b)).

\(1\) The following courses are presumed to be avocational or
recreational in character and require evidence establishing that the
course will be of bona fide use in the pursuit of the business or
occupation:

\(a\) Any photography or entertainment course; or

\(b\) Any music course, instrument or vocal, public speaking course, or
course in dancing, sports, or athletics, such as horseback riding,
swimming, fishing, skiing, golf, baseball, tennis, bowling, sports
officiating, or other sport or athletic courses, except courses of
applied music, physical education, or public speaking which are offered
by IHLs for credit as an integral part of a program leading to an
educational objective; or

\(c\) Any other type of course which \[the Education Division\]
determines to be avocational or recreational.

\(2\) The evidence required to prove a course is not avocational or
recreational can include, but is not limited to:

\(a\) A statement on the application by the applicant explaining the
business or occupational objective.

b.  A statement from someone in the business or from someone who employs
    persons in the contemplated occupation showing the need and use of
    the course. Such statements will not be required when the claimant
    applies for an approved correspondence course if the stated
    objective is the one specified in the approval notice. In addition,
    when it has been established by the SAA (State Approving Agency) and
    the RO (Regional Office) that an approved photography course in a
    particular school does lead to employment as a photographer, such a
    statement will not be required.

**g. Audited Courses.** 38 CFR 21.4252(i) and part IV, paragraph
11.06(b)(2).

**h. Unapproved Courses.** 38 CFR 21.7122(a).

**i. Course Not Part of Program.** Any course which is not part of a
program of education as defined in paragraph 6.02 except for refresher,
remedial, and deficiency courses required to pursue a program of
education or refresher training to update skills attained before service
(38 CFR 21.7122(b)).

**j. Student is Official.** Any course offered by a proprietary school
when the veteran, serviceperson, eligible person, or reservist is an
official of the school authorized to sign certificates of enrollment or
monthly certificates of attendance or monthly certifications of pursuit,
or is an owner of the school, or is an operator of the school (38 CFR
21.7122(e)(6).

\[**k. Erroneous, Deceptive, and Misleading Practices.** 38 CFR
21.4252(h).

**l. Courses Offered Under Contract.** 38 CFR 21.4252(m).\]

**7.02 PROGRAMS AND COURSES PRECLUDED UNDER CERTAIN CONDITIONS**

There are some programs and courses that are precluded under certain
conditions. \[Claim examiners\] should check with the appropriate ELR if
they have questions about how these restrictions apply in specific
cases.

**a. \[Correspondence Course or Program.** A correspondence course or
program may be approved only if at least 50 percent of those pursuing
such a course or program require six months or more to complete it (38
CFR 21.4256). Also, [nonaccredited]{.underline} correspondence courses
are precluded on or after February 2, 1995 (38 CFR 21.4252(e)\].
Students enrolled in nonaccredited correspondence courses on that date
were permitted to continue their training provided they remained
enrolled and met the school\'s standards of progress.

**b. Nonaccredited Nurses Training.** Nonaccredited nurses training is
not payable except for certain nurses aid training. (See 38 CFR
21.4265(b)(3).)

**c. Erroneous, Deceptive, Misleading Advertising.** Any course offered
by an institution which utilizes advertising, sales, or employment
practices of any type which are erroneous, deceptive, or misleading
either by actual statement, omission, or intimation is not payable
(38 CFR 21.4252(h)).

**d. Courses with Suspended Approvals.** See 38 CFR 21.4252(k) and
M22-4, part I, chapter 8.

**e. 85-15% Ratio.** Courses which do not meet the 85-15% ratio
requirement are not payable (38 CFR 21.4201). Also, see M22-4, part IX,
paragraph 9.15h.

**f. Branch Locations.** Courses offered at branch locations which are
not included as part of the parent facility\'s approval or do not have
their own separate approval are not payable (38 CFR 21.4266(b)).

**g. Non-Punitive Grades.** Courses for which the school assigns a
non-punitive grade unless VA determines there are mitigating
circumstances are not payable (38 CFR 21.4252(j) and M22‑4, pt. IV,
pars. 11.06 through 11.14).

**h.** **Nonmatriculated Students.** Certain courses taken by
nonmatriculated students are not payable (38 CFR 21.4252(l) and M22-4,
pt. IV, pars. 1.28 through 1.34).

**i. Nonaccredited Independent Study.** Nonaccredited independent study
courses are not payable effective October 29, 1992, except for courses
started before that date as provided in 38 CFR 21.4200(g). If a course
loses its accreditation after October 29, 1992, the course is not
payable from the date the accreditation is lost.

\[**j. Two Year Period of Operation Requirement for Proprietary
Schools.** NCD courses offered by a proprietary educational institution
operating for less than two years may not be approved. See
38 CFR 21.4251 and M22-4, part IX, paragraph 2.13.\]

**7.03 RESTRICTIONS WHICH APPLY TO PARTICULAR BENEFITS**

Some course and program restrictions apply only to particular benefits
or to certain beneficiary classes within a benefit. Figure 7.01
summarizes these restrictions. A \"Yes\" entry means that the claimant
may take a particular course or program. A \"No\" answer means that the
law does not permit that type of course or program.

+------------------+-----+--------+---------------+------------+------+
|                  | *   | **Ch.  | **Ch.**       | **Ch.**    | *    |
|                  | *Ch | 32 &   |               |            | *Ch. |
|                  | .** | Sect.  | **35**        | **35**     | 16   |
|                  |     | 903**  |               |            | 06** |
|                  | **3 |        |               |            |      |
|                  | 0** |        |               |            |      |
+------------------+-----+--------+---------------+------------+------+
| **TYPE OF**      |     |        | **Spouse &**  |            |      |
+------------------+-----+--------+---------------+------------+------+
| **PROGRAM**      |     |        | **Surviving   | **Child/** |      |
|                  |     |        | Spouse/**     |            |      |
+------------------+-----+--------+---------------+------------+------+
| **OR**           |     |        | **An          | **Antit    |      |
|                  |     |        | titerrorism** | errorism** |      |
| **COURSE**       |     |        |               |            |      |
|                  |     |        | **Former      | **Child**  |      |
|                  |     |        | Captive**     |            |      |
+------------------+-----+--------+---------------+------------+------+
|                  |     |        | **& Spouse**  |            |      |
+------------------+-----+--------+---------------+------------+------+
| **Alternative**  |     |        |               |            |      |
+------------------+-----+--------+---------------+------------+------+
| **Teacher        | Yes | Yes    | No            | No         | Yes  |
| Certification    |     |        |               |            |      |
| Programs**       |     |        |               |            |      |
+------------------+-----+--------+---------------+------------+------+
| (Par. 7.04e and  |     |        |               |            |      |
|                  |     |        |               |            |      |
| 38 CFR           |     |        |               |            |      |
| 21.4200(w))      |     |        |               |            |      |
+------------------+-----+--------+---------------+------------+------+
| **Apprenticeship |     |        |               |            |      |
| or**             |     |        |               |            |      |
+------------------+-----+--------+---------------+------------+------+
| **Other          | Yes | Yes    | Yes           | Yes        | Yes  |
| On-The-Job       | ^1^ | ^1^    |               |            |      |
| Training**       |     |        |               |            |      |
+------------------+-----+--------+---------------+------------+------+
| (38 CFR 21.4261  |     |        |               |            |      |
| and 21.4262)     |     |        |               |            |      |
+------------------+-----+--------+---------------+------------+------+

**Figure 7.01. Course and Program Restrictions Which Apply to Particular
Benefits**

+------------------+-----+--------+---------------+------------+------+
|                  | *   | **Ch.  | **Ch.**       | **Ch.**    | *    |
|                  | *Ch | 32 &   |               |            | *Ch. |
|                  | .** | Sect.  | **35**        | **35**     | 16   |
|                  |     | 903**  |               |            | 06** |
|                  | **3 |        |               |            |      |
|                  | 0** |        |               |            |      |
+------------------+-----+--------+---------------+------------+------+
| **TYPE OF**      |     |        | **Spouse &**  |            |      |
+------------------+-----+--------+---------------+------------+------+
| **PROGRAM**      |     |        | **Surviving   | **Child/** |      |
|                  |     |        | Spouse/**     |            |      |
+------------------+-----+--------+---------------+------------+------+
| **OR**           |     |        | **An          | **Antit    |      |
|                  |     |        | titerrorism** | errorism** |      |
| **COURSE**       |     |        |               |            |      |
|                  |     |        | **Former      | **Child**  |      |
|                  |     |        | Captive**     |            |      |
+------------------+-----+--------+---------------+------------+------+
|                  |     |        | **& Spouse**  |            |      |
+------------------+-----+--------+---------------+------------+------+
| **Cooperative**  |     |        |               |            |      |
+------------------+-----+--------+---------------+------------+------+
| **Programs**     | Yes | Yes    | Yes           | Yes        | Yes  |
|                  | ^1^ | ^1^    |               |            |      |
+------------------+-----+--------+---------------+------------+------+
| (38 CFR          |     |        |               |            |      |
| 21.4233(a))      |     |        |               |            |      |
+------------------+-----+--------+---------------+------------+------+
| **               |     |        |               |            |      |
| Correspondence** |     |        |               |            |      |
+------------------+-----+--------+---------------+------------+------+
| **Courses**      | Yes | Yes    | Yes           | No         | Yes  |
+------------------+-----+--------+---------------+------------+------+
| (38 CFR          |     |        |               |            |      |
| 21.4252(e))      |     |        |               |            |      |
+------------------+-----+--------+---------------+------------+------+
| **Farm           |     |        |               |            |      |
| Cooperative**    |     |        |               |            |      |
+------------------+-----+--------+---------------+------------+------+
| **Programs**     | No  | No     | Yes           | Yes        | No   |
|                  |     |        |               |            |      |
| (38 CFR 21.4264) |     |        |               |            |      |
+------------------+-----+--------+---------------+------------+------+
| **Flight         | Yes | Yes    | No            | No         | Yes  |
| Programs**       |     |        |               |            |      |
+------------------+-----+--------+---------------+------------+------+
| (38 CFR          |     |        |               |            |      |
| 21.4252(c))      |     |        |               |            |      |
+------------------+-----+--------+---------------+------------+------+
| **Graduate or    | Yes | Yes    | Yes           | Yes        | Yes  |
| Advanced         |     |        |               |            | ^2^  |
| Professional     |     |        |               |            |      |
| Training         |     |        |               |            |      |
| Programs**       |     |        |               |            |      |
|                  |     |        |               |            |      |
| (Pt. VIII, par.  |     |        |               |            |      |
| 1.09c)           |     |        |               |            |      |
+------------------+-----+--------+---------------+------------+------+
| **Independent    | Yes | Yes    | Yes           | Yes        | Yes  |
| Study**          |     |        |               |            |      |
|                  |     |        |               |            |      |
| **Taken Without  |     |        |               |            |      |
| Residence        |     |        |               |            |      |
| Courses**        |     |        |               |            |      |
+------------------+-----+--------+---------------+------------+------+
| (Par. 7.02i)     |     |        |               |            |      |
+------------------+-----+--------+---------------+------------+------+
| **\[Licensing    | Yes | Yes    | Yes           | Yes        | No\] |
| &Certification   |     |        |               |            |      |
| Tests**          |     |        |               |            |      |
+------------------+-----+--------+---------------+------------+------+
| (Cir. 22-01-01,  |     |        |               |            |      |
| par. 9)          |     |        |               |            |      |
+------------------+-----+--------+---------------+------------+------+
| **Open Circuit   | Yes | Yes    | Yes           | Yes        | Yes  |
| TV**             |     |        |               |            |      |
+------------------+-----+--------+---------------+------------+------+
| (Par. 7.01c)     |     |        |               |            |      |
+------------------+-----+--------+---------------+------------+------+
| **Practical      | Yes | Yes    | Yes           | Yes        | Yes  |
| Training**       |     |        |               |            |      |
|                  |     |        |               |            |      |
| (38 CFR          |     |        |               |            |      |
| 21.4252(c))      |     |        |               |            |      |
+------------------+-----+--------+---------------+------------+------+
| **\[Preparatory  | Yes | No     | Yes           | Yes        | No\] |
| Courses**        |     |        |               |            |      |
|                  |     |        |               |            |      |
| (38 CFR          |     |        |               |            |      |
| 21.7020(b)(23))  |     |        |               |            |      |
+------------------+-----+--------+---------------+------------+------+
| **Refresher,     | Yes | Yes    | Yes           | Yes        | Yes  |
| Remedial, or     |     |        |               |            |      |
| Deficiency       |     |        |               |            |      |
| Training         |     |        |               |            |      |
| (Noncredit)**    |     |        |               |            |      |
|                  |     |        |               |            |      |
| (Par. 7.17a(1))  |     |        |               |            |      |
+------------------+-----+--------+---------------+------------+------+
| **Refresher      | Yes | Yes    | No            | No         | Yes  |
| Training to      |     |        |               |            | ^3^  |
| Update Knowledge |     |        |               |            |      |
| or Skills        |     |        |               |            |      |
| Acquired Before  |     |        |               |            |      |
| Service**        |     |        |               |            |      |
|                  |     |        |               |            |      |
| (Par. 7.17a(2))  |     |        |               |            |      |
+------------------+-----+--------+---------------+------------+------+

**Figure 7.01. Course and Program Restrictions**

**Which Apply to Particular Benefits** --- **Continued**

+------------------+-----+--------+---------------+------------+------+
|                  | *   | **Ch.  | **Ch.**       | **Ch.**    | *    |
|                  | *Ch | 32 &   |               |            | *Ch. |
|                  | .** | Sect.  | **35**        | **35**     | 16   |
|                  |     | 903**  |               |            | 06** |
|                  | **3 |        |               |            |      |
|                  | 0** |        |               |            |      |
+------------------+-----+--------+---------------+------------+------+
| **TYPE OF**      |     |        | **Spouse &**  |            |      |
+------------------+-----+--------+---------------+------------+------+
| **PROGRAM**      |     |        | **Surviving   | **Child/** |      |
|                  |     |        | Spouse/**     |            |      |
+------------------+-----+--------+---------------+------------+------+
| **OR**           |     |        | **An          | **Antit    |      |
|                  |     |        | titerrorism** | errorism** |      |
| **COURSE**       |     |        |               |            |      |
|                  |     |        | **Former      | **Child**  |      |
|                  |     |        | Captive**     |            |      |
+------------------+-----+--------+---------------+------------+------+
|                  |     |        | **& Spouse**  |            |      |
+------------------+-----+--------+---------------+------------+------+
| **Secondary      | No  | Yes    | Yes           | Yes        | No   |
| School           |     |        |               |            |      |
| Training**       |     |        |               |            |      |
|                  |     |        |               |            |      |
| (38 CFR          |     |        |               |            |      |
| 21.4200(a))      |     |        |               |            |      |
+------------------+-----+--------+---------------+------------+------+
| **Small Business | Yes | Yes    | No            | No         | Yes  |
| Administration   |     |        |               |            |      |
| Programs**       |     |        |               |            |      |
|                  |     |        |               |            |      |
| (Par. 6.02)      |     |        |               |            |      |
+------------------+-----+--------+---------------+------------+------+
| **Special        | No  | No     | No            | Yes        | No   |
| Restorative      |     |        |               |            |      |
| Training**       |     |        |               |            |      |
+------------------+-----+--------+---------------+------------+------+
| (38 CFR 21.3300) |     |        |               |            |      |
+------------------+-----+--------+---------------+------------+------+
| **Specialized    | No  | No     | Yes           | Yes        | No   |
| Vocational       |     |        |               |            |      |
| Training**       |     |        |               |            |      |
+------------------+-----+--------+---------------+------------+------+
| (38 CFR 21.4232) |     |        |               |            |      |
+------------------+-----+--------+---------------+------------+------+
| **\[Tuition      | Yes | No     | No            | No         | No\] |
| Assistance       |     |        |               |            |      |
| Top-Up**         |     |        |               |            |      |
+------------------+-----+--------+---------------+------------+------+
| (Cir. 22-01-01,  |     |        |               |            |      |
| par. 10)         |     |        |               |            |      |
+------------------+-----+--------+---------------+------------+------+
| **Vocational or  | Yes | Yes    | Yes           | Yes        | Yes  |
| Technical        |     |        |               |            |      |
| Programs**       |     |        |               |            |      |
|                  |     |        |               |            |      |
| (38 CFR          |     |        |               |            |      |
| 21.4270(a) or    |     |        |               |            |      |
| (b))             |     |        |               |            |      |
+------------------+-----+--------+---------------+------------+------+

^1^ Not available for servicepersons.

^2^ Effective for training on or after November 30, 1993.

^3^ Refresher training to update knowledge or skills is available for
reservists only if the reservist lost knowledge or skills while on
[active duty]{.underline}.

**Figure 7.01. Course and Program Restrictions**

**Which Apply to Particular Benefits** --- **Continued**

**7.04 RESTRICTIONS ON COMBINATION PROGRAMS**

SAAs may approve programs composed of different types of training as
described below. Some of the approval information that follows is
background information for \[claim examiners\].

**a. Combination Correspondence-Residence Programs (38 CFR 21.4279).** A
program may be pursued partly in residence and partly by correspondence
under chapters 30, 32, 35 (for spouses only), and 1606 \[ \], and
section 903 under the following conditions:

\(1\) The correspondence and residence portion are pursued sequentially,
not concurrently.

\(2\) It is the practice of the institution to permit a student to
pursue a part of the program exclusively by correspondence in partial
fulfillment of the requirements for the specified objective.

\(3\) The total credit to be earned by correspondence does not exceed
the maximum correspondence credit which the institution will grant
toward the specific objective.

\(4\) The educational institution offering the course is accredited by
an agency recognized by the Secretary of Education.

\(5\) At least 50 percent of those pursuing the combination
correspondence-residence course require six months or more to complete
the entire course.

*NOTE: Don\'t confuse correspondence courses with independent study.
Independent study may be combined with residence study, either
sequentially or concurrently. (See pt. IV, par. 6.07, for measurement of
independent study.)*

**b. Combination Institutional and Apprenticeship or Other On-the-Job
Training.** Such programs may be approved under \[chapters 30, 32,
1606\], and section 903 if one of the following conditions are met:

\(l\) The combination of institutional and apprenticeship or other
on-the-job training is required by the laws of the state for the
attainment of a particular vocational objective.

\(2\) The combination consists of completion of secondary school to be
followed by a course of apprenticeship or other on-the-job training (not
available under chs. 30 and 1606).

\(3\) The combination consists of a pre-apprenticeship course of limited
length followed by apprenticeship or other on-the-job training provided
this is the customary practice in the community and the
pre-apprenticeship course is not approved or utilized as a program
leading directly to employment.

**c. Cooperative Programs (38 CFR 21.4233(a)).** Cooperative programs
are available under \[chapters 30, 32, 35, 1606\] and section 903. See
part IV, paragraph 7.11 for details.

**d. Farm Cooperative Programs (38 CFR 21.4264).** Farm cooperative
programs are only available under chapter 35. See part IV, paragraph
7.12 for details.

**e. Alternative Teacher Certification Programs (38 CFR 21.4200(w)).**
Alternative teacher certificate programs are programs offered by
entities such as school districts, that are not IHLs. Alternative
teacher certificate programs are available under \[chapters 30, 32,
1606\] and section 903. Alternate teacher certification programs are not
available under chapter 35. If a chapter 35 student wishes to obtain a
teacher\'s certificate, he or she must obtain one through an IHL.

\(1\) An alternative teacher certification program is one designed for
an individual who has a bachelor\'s degree, but does not have enough
education credits to obtain a teacher\'s certificate. The alternative
certification program permits this individual to obtain this certificate
without reenrolling at an IHL.

\(2\) Alternative teacher certification programs often include training
conducted at an IHL, in addition to classroom experience and training
provided by other entities.

\(3\) Part IX will eventually include additional information concerning
approval criteria for alternative teacher certification programs.

**7.05 STUDY IN A FOREIGN COUNTRY**

**a. General.** A program of education under chapters 30, 32, and 35 of
Title 38 U.S.C., section 903 of Public Law 96-342, and chapter 1606 of
Title 10 U.S.C., may be pursued outside of a state only at IHLs.

**b. Enrollment in Foreign Institutions.** Education in foreign
institutions may be pursued under three arrangements as described below:

\(1\) [Entire Program at Foreign Institution]{.underline}. The student
may enroll directly in an approved program in an IHL to obtain a degree
or the equivalent from the foreign institution. To be approved, a
foreign educational institution must:

\(a\) Offer a program leading to a standard college degree or the
equivalent, and

\(b\) Be recognized as an IHL by the Secretary of Education (or a
comparable official) of the country in which the educational institution
is located.

*NOTE 1: Before Public Law 103-446 was enacted into law on November 2,
1994, courses offered outside the United States had to be offered in
residence on the campus of the school. Beginning on and after November
2, 1994, courses which are part of a standard college degree offered by
an IHL outside the United States may be approved without regard to the
mode of instruction. However, the rule barring nonaccredited independent
study is applicable.*

*NOTE 2: See 38 CFR 21.4260(b) for foreign medical school requirements.*

\(2\) [Foreign Training for Students Who Plan To Enroll in U.S.
Institutions]{.underline}. Students may enroll in a foreign institution
to complete subjects that are acceptable toward an anticipated degree
from a college or university located in the United States. Under this
plan, the student must enroll in subjects that are a part of a foreign
degree program which has been approved by the Director, Education
Service (225A), and the college or university in the United States must
certify that full credit will be granted in partial fulfillment of the
student\'s degree requirements.

*NOTE: See paragraph 1.03, to determine the RPO (Regional Processing
Office) of jurisdiction when a student is training in a foreign
institution as described in subparagraphs (1) and (2) above.*

\(3\) [Enrollment in U.S. Institution]{.underline}. A student may pursue
a program of education in a foreign country while enrolled in a college
or university located in the United States under certain conditions
listed below. (The \"Junior Year Abroad\" program offered by many
institutions is a typical example.)

\(a\) The college or university located in the United States shall be
considered the principal institution. The enrollment shall be under the
jurisdiction of the RPO serving the state or area where the institution
is located. (See par. 1.02, fig. 1.02.) It will be the responsibility of
the principal institution to submit enrollment certifications and other
required reports of change in status.

\(b\) The study pursued in a foreign country shall be a part of the
program as approved by the SAA.

\(c\) The institution must give full credit for the course pursued at
the foreign institution in partial fulfillment of the student\'s degree
objective.

**c. Enrollment Against Best Interest**. If VA finds that a student\'s
enrollment in a program in a foreign institution would be against his or
her best interest or the best interest of the government of the United
States, the application for the program will be denied. If a student has
already started to receive benefits under the program, further payments
will be discontinued as of the date of last payment. Such actions will
be taken only upon approval of the Director, Education Service (225A).
(See 38 CFR 21.4260(c).) Fully inform the claimant in writing of the
reasons for the denial or discontinuance of benefits. Be sure to inform
the claimant that he or she may continue his or her program of education
at another institution.

**d. Approval of Branch or Extension**. SAAs may approve college level
programs (associate degree or higher) offered by branches or extensions
of U. S. colleges or universities. The Director, Education Service
(225A), may approve programs pursued at foreign institutions of higher
learning. The Manila RO may approve programs offered in the Republic of
the Philippines, including nondegree programs for eligible persons under
chapter 35.

**SUBCHAPTER II. CONDITIONS UNDER WHICH A STUDENT IS CONSIDERED ALREADY
QUALIFIED**

**7.06 GENERAL PRINCIPLES**

a\. \[Claim examiners\] will not approve any application under chapters
30, 32, or 35 of Title 38 U.S.C., section 903 of Public Law 96-342, or
chapter 1606 of Title 10 U.S.C., if the applicant is found to be already
qualified for the objective of the requested program of education by
reason of previous education or training. This will not preclude the
approval of secondary level refresher, remedial, or deficiency courses
which a high school graduate may be required to take to gain admission
to a postsecondary program nor will it preclude refresher training
required to update knowledge or skills. (See pars. 7.16 and 7.17 and 38
CFR 21.7110.)

b\. \[Claim examiners\] will use the information concerning previous
education, training, and work experience shown on the claimant\'s
application for benefits, separation papers, and other evidence in the
record to determine if the applicant is already qualified. If there are
indications that the applicant is already qualified but the evidence is
not conclusive, additional information will be requested before making a
final decision.

**7.07 TRADE AND TECHNICAL COURSES OR PROGRAMS**

The applicant is considered already qualified if he or she:

a\. Has previously completed high school or GED (General Education
Development) courses for which a diploma or certificate was awarded and
now applies for a high school diploma program. However, if a
postsecondary institution or an apprenticeship committee

certifies that a student with a GED certificate needs a high school
diploma for admission to training, the student will not be considered
already qualified for such training.

b\. Has previously completed a course for a vocational objective and now
requests approval of a course for the same objective, or for a different
objective for which the course completed clearly qualifies that person.
For example, a veteran or eligible person completed a course in a
business school for the objective of bookkeeper, or accountant, and now
requests approval for an institutional course in bookkeeping. Such a
person should not be denied an advanced course in such a school.

c\. Was previously employed as a qualified worker in a job for which the
course requested is designed to qualify the individual who completes it.

d\. Has completed an apprenticeship or a course of other on-the-job
training which is customarily accepted as qualifying for the objective
for which training is now requested.

**7.08 COLLEGE LEVEL PROGRAMS**

a\. The applicant is considered already qualified if he or she has
previously completed a degree program at the same level and in the same
field of study. For example, an applicant who has a bachelor\'s degree
in secondary education would be precluded from enrolling in an
undergraduate program leading to a bachelor\'s degree with the same
major.

\(1\) This will not preclude the pursuit of an undergraduate program
leading to another bachelor\'s degree with a different major in
education or in an entirely different field such as English, history, or
a two-year associate degree in a different field.

\(2\) It also does not preclude the pursuit of undergraduate subjects
which may be necessary to qualify for admission to a graduate school for
a program leading to a higher degree or to qualify for a vocational or
professional objective.

b\. This principle will apply at the graduate level. An applicant who
has completed a law degree may include in his or her program individual
law subjects not previously taken which are necessary to qualify for a
professional objective in a special field such as patent law. In such a
case, the special program would consist of those unit subjects
specifically prescribed by the Dean of a law school as necessary to
qualify for the specific objective.

**7.09 SALES TRAINING**

If the applicant is employed in sales, he or she is already qualified
for enrollment in a general sales course. Likewise, an applicant is
already qualified for a specialized sales course if he or she is already
employed in that specialty. Enrollment in another specialized sales
field is acceptable provided credit is given for prior experience. A
distinction must be made between positions that are in fact sales
positions and those that are loosely referred to as such. For example, a
clerk in a store who fills orders over the counter may call himself \[or
herself a salesperson,\] but for the purpose of this discussion, is not
a salesperson.

**7.10 COURSES REQUIRED FOR RELICENSING**

The applicant is considered already qualified if he or she is applying
for a course or courses required for relicensing or a continuation of
licensing in a professional field (for example, teaching or medicine) or
a vocational field (for example, real estate sales). The fact that the
applicant once had a license means that he or she has already attained
the professional or vocational objective; courses required for
relicensing or continuation of licensing in the same field cannot be
considered part of a program of education.

**7.11 BAR REVIEW AND SIMILAR COURSES**

The applicant applying for a bar review course will be considered
already qualified if he or she has been admitted to practice.

a\. An individual who has not been admitted to practice law in his or
her state may be paid benefits for pursuit of a bar review course in
preparation for that state\'s bar examination even if he or she has
attended law school in that state. An individual who has been admitted
to practice in one state may pursue a bar review course in a second
state in the absence of a reciprocity agreement between the two states
under which he or she could qualify for the license without examination.

b\. An individual may not receive benefits for repeating a bar review or
certified public accountant (CPA) review or similar course in the same
state. He or she is considered already qualified \[for the objective\]
of the particular review course. The fact that the student has not
passed a bar, CPA, or other examination is immaterial.

**7.12 APPRENTICESHIP AND OTHER ON-THE-JOB TRAINING**

The applicant is considered already qualified if he or she:

a\. Has at any time in the past been employed as a qualified worker in
such a job.

b\. Has completed a recognized course of apprenticeship or other
on-the-job training which is customarily accepted as qualifying for
employment in the objective.

c\. Has completed a course whose graduates commonly attain employment in
that job objective without a course of apprenticeship or other
on-the-job training. In no case will an applicant who has completed a
school course for a professional objective be permitted to take
on-the-job training for such an objective, unless the job training is a
specific licensing requirement in the state.

d\. Is appointed to a \[fully-trained level\] job under federal, state,
or municipal civil service and is placed on the regular payroll even
though some degree of inservice training is being received.

e\. Is performing the job operations of the objective in essentially the
same manner as a \[fully trained person\] in the occupation and is not
receiving organized instruction. For example, a barber trainee who is
assigned to a chair and serves customers the same as do \[fully
trained\] barbers in the same shop could not take apprenticeship or
other on-the-job training. This would not preclude training where
required by state law for licensing, and there is a bona fide training
program approved by the SAA.

f\. Has received wage increases to the \[fully trained person\'s
level.\]

**7.13 FARM COOPERATIVE TRAINING**

The applicant is considered already qualified if he or she:

a\. Has completed a program which provided instruction in practical
agriculture to an extent substantially equal to the instruction included
in the proposed farm cooperative program. Examples would include an
undergraduate degree in farm operations or in farm management; or a
degree in agricultural education which, with licensing or certification,
would qualify the individual to teach a high school vocational
agricultural course.

b\. Has been or is qualified to be employed as a teacher of similar
subject matter. This would include prior or concurrent employment as an
instructor in a farm cooperative program or a similar program, whether
on a part- or full-time basis and whether on a permanent or temporary
basis.

**SUBCHAPTER III. SECONDARY LEVEL TRAINING**

**7.14 GENERAL \[PRINCIPLES\]**

a\. A high school diploma or an equivalency certificate (GED
certificate) may be \[ \] a proper objective for a program of education
\[under chapters 32 and 35 and section 903 but not under chapters 30 and
1606.\] Likewise, a program of education leading to a post-high school
objective may include a high school diploma or equivalency certificate.

b\. The completion of secondary level noncredit refresher, remedial, or
deficiency courses is [not]{.underline} a proper objective for a program
of education. These courses are only part of a complete program leading
to an educational, vocational, or professional objective. Therefore,
when a claimant pursues such courses, he or she must indicate on the
application the program to be entered when the courses are completed.

**7.15 HIGH SCHOOL DIPLOMA OR EQUIVALENCY TRAINING \[ \]**

The following \[paragraphs give current and historical provisions for
high school and equivalency training under chapters 32 and 35. Chapters
30 and 1606 do not permit such training.\]

*NOTE: High school diploma training also includes elementary school
level training if the student needs to start at that level.*

**a. \[ \]**

**b. Chapter 32**---**Before October 2, 1980.** Before October 2, 1980,
both veterans and inservice students were paid benefits for pursuit of
high school diploma programs, but full entitlement was charged. Also,
inservice students were paid for Predischarge Education Program (PREP)
courses pursued during the last 6 months of their first enlistment
period. No entitlement was charged under PREP.

**c. Chapter 32**---**After October 1, 1980**

\(1\) Enlisted persons may pursue high school diploma or equivalency
courses during the last 6 months of their first enlistment and at any
time thereafter. This provision applies only to current and former
[enlisted]{.underline} persons; it does not apply to officers. (PREP was
eliminated as of October 1, 1980.)

\(2\) An enlisted person eligible for this training will be paid the
cost of the tuition and fees charged for the course or courses
[without]{.underline} charge to entitlement. The prorated monthly rate
may not exceed the chapter 34 single‑veteran institutional \[rates which
are\] \$376 (full-time); \$283 (three-quarter time); \$188 (half-time or
less \[than half-time\] but more than one-quarter time); and \$94
(one-quarter time or less).

\(3\) However, a claimant may elect to receive the monthly rate that is
based on his or her contributions, matching funds, Department of Defense
(DOD) contributions, and the particular training time. An election will
be permitted only if it is to the claimant\'s advantage. Entitlement [is
charged]{.underline} if the claimant makes this election.

\(4\) To make such an election, the claimant must provide VA with a
signed statement to the effect \"I elect to receive payment for my
(elementary-secondary) program at the regular monthly rate with the
appropriate charge to my entitlement. This is instead of reimbursement
of tuition and fees with no charge to my entitlement.\" This statement
may be furnished separately or may accompany the enrollment
certification document.

\(5\) Once the election is made to receive the regular chapter 32
monthly payment, the claimant may only change the method of payment at
the beginning of a new enrollment period. The election may be made
within one year of the date of notification of the right to elect the
regular chapter 32 monthly rate. (See pt VI, par. 4.20, for award
procedures.)

**d. Chapter 35 Spouses**---**Before October 2, 1980**

\(1\) Before October 2, 1980, chapter 35 spouses and surviving spouses
could take high school diploma or equivalency training
[without]{.underline} charge to entitlement. Those students enrolled on
or before October 2, 1980, \[could\] continue to receive the
institutional training-time rate [without charge]{.underline} to
entitlement as long as they \[remained\] continuously enrolled in the
program.

\(2\) To be continuously enrolled \[meant\] that the student must \[have
attended\] all regularly scheduled school terms, not including summer
terms or special miniterms. An enrollment may also \[have been\]
considered continuous if a \"break\" in enrollment \[was\] wholly due to
circumstances beyond the student\'s control, such as serious illness. As
long as continuous enrollment \[was\] maintained in the program, VA
\[continued\] to authorize payments based on the institutional training
time rate.

**e. Chapter 35 Spouses**---**After October 1, 1980**

\(1\) If a chapter 35 spouse or surviving spouse started high school
training after October 1, 1980 (or had a break in high school enrollment
and resumed after October 1, 1980), then he or she was paid the cost of
the tuition and fees for the course or courses [without]{.underline}
charge to entitlement.

\(2\) However, the eligible spouse was entitled to elect to receive
payment at the regular institutional rate, [with the appropriate
charge]{.underline} to entitlement. In order to make this election, the
claimant must have provided the same election statement shown in
subparagraph c(4) above. This election must have been furnished
separately or have accompanied VA Form 22‑1999, Enrollment
Certification.

\(3\) Once this election was made to receive the institutional rate, the
student may only have changed the method of payment at the beginning of
a new enrollment period. The election must have been made within one
year of the date of notification of the right to elect the institutional
rate.

**f. Chapter 35 Spouses**---**On or After August 15, 1989.** On or after
August 15, 1989, a spouse or surviving spouse may pursue training in a
program to receive a high school diploma or equivalent certificate with
no charge to entitlement for the first 5 months of full-time training,
or the equivalent in part-time training. Any benefits paid after 5
months of entitlement free training will have an appropriate entitlement
charge. (See pt. VII, par. 4.12, for award procedures.)

**g. Chapter 35 Children**---**Before August 15, 1989.** Before
August 15, 1989, children under chapter 35 could not receive benefits
for pursuit of a program which \[led\] to a high school diploma.

**h. Chapter 35 Children**---**On or After August 15, 1989.** On or
after August 15, 1989, high school training is available to eligible
chapter 35 children with no charge to entitlement for the first 5 months
of full-time training, or the equivalent in part-time training. Any
benefits paid after 5 months of entitlement free training will have an
appropriate entitlement charge. (See pt. VII, par. 4.12, for award
procedures.)

**7.16 \[NONCREDIT\] REFRESHER, REMEDIAL, AND DEFICIENCY COURSES \[ \]**

Claimants under all \[benefits discussed in this chapter\] may take
noncredit refresher, remedial, or deficiency courses at the elementary
or secondary level if such courses are required in order to pursue an
approved program of education. Such courses may be taken at a high
school or a college. \[See pt. IV, par. 6.08 for instructions on the
measurement and processing of these noncredit courses.)\]

**a. Certification Requirement.** In \[chapter 35 cases the student must
establish the need for such courses (38 CFR 21.3344(e)). For other
programs, the regulations no longer require a certification of need.

\(1\) Certifications as to an eligible person\'s need for deficiency or
remedial courses in basic English language and mathematical skills may
be made by:

\(a\) A VA counseling psychologist in the Vocational Rehabilitation and
Counseling Division;

\(b\) The educational institution administering the course, or

\(c\) The educational institution where the student has applied for
admission.

*NOTE: Basic English language courses or mathematics courses will be
authorized only when the official certifying the need for the training
has found by accepted testing methods that the student is lacking in
basic reading, writing, speaking, or essential mathematical skills.*

\(2\) Certifications as to need for other refresher, remedial, or
deficiency course requirements are to be made by the educational
institution:

\(a\) Which is administering the program which the student is planning
to enter, or

\(b\) Where the student has applied for admission.\]

**b. \[Restrictions on Individual Benefits**

\(1\) [Chapter 30, Chapter 32, and Section 903]{.underline}. Noncredit
refresher, deficiency, and remedial courses are payable effective August
15, 1989. Full entitlement is charged.

\(2\) [Chapter 35, Spouse and Surviving Spouse]{.underline}

\(a\) For noncredit refresher, deficiency, and remedial courses taken
before August 15, 1989, no entitlement is charged.

\(b\) For courses taken on or after August 15, 1989, entitlement is
charged after the first 5 months of full‑time training. See part VII,
paragraph 4.12 for implementing instructions.

\(3\) [Chapter 35 Children]{.underline}

\(a\) For courses taken before August 15, 1989, full entitlement is
charged.

\(b\) For courses taken on or after August 15, 1989, entitlement is
charged after the first 5 months of full-time training. See part VII,
paragraph 4.12 for implementing instructions.

\(4\) [Chapter 1606]{.underline}. Noncredit refresher, deficiency, and
remedial courses are payable effective October 1, 1990 provided the
reservist executes a new 6-year contract after September 30, 1990. Full
entitlement is charged.\]

**SUBCHAPTER IV. REFRESHER TRAINING**

**7.17 OVERVIEW OF REFRESHER TRAINING**

**a. \[Definitions**.\] A refresher course is one of the following:

\(1\) A course at the elementary or secondary level necessary for the
applicant to review or update material previously covered in a course
that has been satisfactorily completed. (This type of refresher training
\[may be taken under all benefits discussed in this chapter.\] Also see
par. 7.16.); or

\(2\) A course which permits an individual to update knowledge or skills
or be instructed in the technological advances which have occurred in
the individual\'s field of employment during and since the period of the
individual\'s active military service. \[This type of refresher training
is available under chapters 30, 32, and 1606 (for students with a
six-year Selected Reserve commitment after September 30, 1990), and
section 903. It is not available under chapter 35.\]

**b. \[Refresher Training Must be Necessary.\]** Refresher training \[of
either type\] [may only]{.underline} be approved if the courses are
necessary to enable the individual to pursue an approved program of
education. There is no specific limitation on the amount of refresher
training an individual may receive.

**7.18 RESTRICTIONS ON REFRESHER TRAINING**

**a. Chapters 30 and 32 \[and Section 903\]**

\(1\) Before August 15, 1989, refresher training could only be approved
for courses at the elementary or secondary level.

\(2\) Effective August 15, 1989, \[refresher training to update
knowledge and skills could also be approved.\]

\(3\) Effective December 18, 1989, for \[refresher training to update
knowledge or skills\], the technological advances must have occurred in
the individual\'s field of employment while the individual was on active
duty or after his or her release from active duty.

**b. Chapter 35.** Only refresher training at the elementary or
secondary level is permitted. See paragraphs \[7.16b(2) and (3)\] for
proper entitlement charging of refresher training. Such courses may be
taken at a high school or a college.

**c. Chapter 1606**

\(1\) Before October 1, 1990, refresher training was not payable for
chapter 1606.

\(2\) For those reservists that execute a new 6‑year contract after
September 30, 1990, refresher training can be approved at the elementary
or secondary level. Such courses may be taken at a high school or a
college.

\(3\) For those reservists who served a period of active duty before
qualifying for chapter 1606 and who execute a new 6-year contract after
September 30, 1990, \[refresher training to update skills\] can be
approved but is only available for advances in their training that
occurred while on active duty. \[Refresher training to update skills is
not available for advances that occurred while the individual was in the
Selected Reserve but not on active duty.\]