**Veterans Benefits Administration M22-4, Part I**

**Department of Veterans Affairs Change 25**

**Washington, D.C. 20420 May 30, 2003**

Part I, \"General,\" Veterans Benefits Administration Manual M22-4,
\"Education Procedures,\" is changed as follows:

**Page 3-51 and 3-52:** Remove these pages and substitute pages 3-51
through 3-56 attached.

Paragraph 3.07 adds information on Public Laws 107-14, 107-103, 107‑107,
107-314 and 107-330. It also clarifies information on Public Law
106-419.

Brackets \[ \] have been used to show the changes.

> By Direction of the Under Secretary for Benefits

JUDITH A. CADEN

Director, Education Service

Distribution: RPC: 2223

FD EX: ASO and AR, 1 each

LOCAL REPRODUCTION AUTHORIZED

**May 30, 2003 M22-4, Part I**

**Change 25**

**Public Date**

**Law No. Enacted Digest**

106-419 11-1-00 Veterans Benefits and Health Care Improvement Act of
2000

Increased, effective November 1, 2000, the basic chapter 30 full-time
monthly rate for participants with an obligated period of active duty of
3 or more years, or 2 years on active duty followed by 4 years in the
Selected Reserve from \$552 to \$650. Increased the full-time rate for
participants with an obligated period of less than 3 years from \$449 to
\$528. Increased rates for part-time attendance proportionally.

Amends and makes uniform the requirement for a high school diploma or
equivalency certificates for eligibility under chapters 30 and 1606. The
high school diploma requirement can now be met anytime before the
individual applies for benefits.

Allows chapter 30 claimants to use any period of active duty to
establish eligibility for chapter 30 benefits. The rule that a claimant
must complete 3 years of service with certain exceptions is replaced by
a rule that the claimant must complete an obligated period of service
subject to the same exceptions. \[However, PL 107-14 reversed this
change and restored the previous rule that a claimant must complete 3
years of service with certain exceptions.\]

Allows chapter 32 (and section 903) participants to make an irrevocable
election to chapter 30 during a one-year open season \[beginning on
November 1, 2000 and\] ending October 31, 2001 \[provided they were a
chapter 32 (or section 903)\] participant on or before October 9, 1996,
and they served continuously on active duty \[from that date\] through
April 1, 2000. \[The individual must have a pay reduction of \$2,700
within 18 months from the date of the election and meet other chapter 30
requirements.\]

Allows chapter 30 active duty participants to contribute an additional
sum up to \$600 to increase their basic chapter 30 benefit. \[For each
\$4 contributed, VA increases the fulltime rate by \$1.00.\]

Increased the chapter 35 full-time rate to \$588.00, effective November
1, 2000. Affords chapter 35 claimants an annual rate adjustment based on
increases in the Consumer Price Index effective October 1, 2001.

In certain cases, permits chapter 35 children to elect the most
favorable beginning date of eligibility: (1) either the effective date
of the rating establishing permanent and total disability (or the date
of death), or (2) the date of notice to the veteran, or any date between
these two dates.

# M22-4, Part I May 30, 2003

**Change 25**

**Public Date**

**Law No. Enacted Digest**

106-419 11-1-00 (Continued)

Requires VA to consider a chapter 35 claim filed by an eligible person
as having been filed on the effective date of the person\'s chapter 35
entitlement, effective November 1, 2001. (This is limited to eligible
persons who submit an original chapter 35 claim within one year after
the date of the rating decision first establishing the basis for the
person\'s entitlement.)

Allows VA to authorize chapter 35 benefits to persons pursuing courses
that prepare them to take college or graduate school entrance
examinations.

Revises the interval payment requirements. VA may continue payment of
monthly educational assistance benefits to claimants enrolled at
educational institutions during the period between terms, semesters, or
quarters if the interval does not exceed eight weeks and the terms
before and after the period are not shorter in length than the break
between them.

Allows payment of education benefits for licensing or certification
tests, effective March 1, 2001. Veterans and eligible persons may
receive up to \$2,000 in fees required for civilian occupational
licensing and certification examinations needed to enter, maintain, or
advance in employment in a vocation or profession. (A seven member
Professional Certification and Licensing Advisory Committee was
established to advise on matters related to this provision. This
Committee will remain in existence until December 31, 2006.)

Increases the amount available for funding services provided by State
Approving Agencies from \$13 million to \$14 million for Fiscal Years
2001 and 2002.

\[107-14 6-5-01 Veterans\' Survivor Benefits Improvement Act of 2001

Reduces the length of the obligated period of active duty a service
member must serve in order to establish eligibility for chapter 30
benefits. Effective November 1, 2000, the rules are restored to what
they had always been throughout chapter 30. Individuals who have an
obligated period of active duty of three years or more must serve at
least three continuous years with certain exceptions.

> Clarifies entitlement charged under chapter 30 for Tuition Assistance
> Top-up recipients: The entitlement charged to an individual who
> received Top-up will be determined by dividing the amount of
> assistance received by the full-time applicable basic rate.\]

**May 30, 2003 M22-4, Part I**

**Change 25**

**Public Date**

**Law No. Enacted Digest**

\[107-14 6-5-01 (Continued)

> Clarifies how additional contributions may be made for increased
> benefits under chapter 30: Active duty participants may contribute
> funds monthly in multiples of \$20 to their military branch and will
> receive \$5 per month in benefits for each \$20 contributed. This
> provision is effective May 1, 2001, for active duty service members.
>
> Clarifies the date of election for children eligible for chapter 35.
> When VA first finds chapter 35 eligibility, the eligible child may
> elect the beginning date of eligibility within 60 days after receiving
> written notice from VA of the opportunity to make the election. This
> provision does not say what to do if the child fails to respond within
> 60 days.
>
> Enlarges the number of categories of deceased individuals for which
> the chapter 30 death benefit may be paid to their surviving
> beneficiaries. The death benefit may be paid for the service-connected
> death of individuals who were involuntarily separated and enrolled or
> were voluntarily separated and enrolled. The benefit may also be paid
> for the service-connected death of former VEAP participants who
> enrolled and their pay was reduced or the funds were taken from their
> retirement pay.

107-103 12-27-01 Veterans Education and Benefits Expansion Act of 2001

> Increases the rates for chapters 30 and 35 effective January 1, 2002.
> Makes additional increases in chapter 30 effective October 1, 2002 and
> October 1, 2003.
>
> Restores entitlement used under chapters 30, 32, and 35 if a reservist
> or guard member is called to active duty under title 10 on or after
> September 11, 2001 and is forced to withdraw from school and failed to
> receive credit for the courses in which he/she was enrolled. It also
> restores entitlement used under chapters 30 and 32 to servicepersons
> ordered to a new assignment or given an increased workload on or after
> September 11, 2001 and who are forced to withdraw from school and
> failed to receive credit for the courses which he/she was enrolled.
>
> Extends the chapter 35 delimiting date of a reservist or guard member
> called to active duty by the time spent on active duty plus four
> months. This provision is effective September 11, 2001.
>
> Establishes a new provision for paying additional chapter 30 benefits
> (accelerated payment) to persons enrolled in high cost programs
> leading to

# M22-4, Part I May 30, 2003

**Change 25**

**Public Date**

**Law No. Enacted Digest**

\[107-103 12-27-01 (continued)

> employment in a high technology industry. This provision permits
> acceleration of benefits by providing a lump sum payment of 60% of
> tuition and fees.
>
> Establishes two new chapter 30 eligibility categories -- IIC and IID.
> The categories affect certain Vietnam era veterans who weren\'t
> previously eligible for chapter 30.
>
> Increases the ROTC scholarship assistance amount to \$3,400 that a
> student under the ROTC program may receive in a school year and still
> retain eligibility for chapter 30.
>
> As a pilot, expands work-study by increasing the number of places
> where a student can work and receive VA work-study benefits. There are
> now three new places that can employ work-study students. These
> include working where outreach services are furnished by SAA
> employees, at a State home where medical treatment is given and at a
> national cemetery or a State veterans\' cemetery assisting with
> activities relating to the administration of these facilities
> (cemeteries). The pilot will end on December 27, 2006.
>
> Invalidates the Ozer decision by setting a delimiting date for spouses
> eligible under chapter 35. The Ozer decision had determined that
> chapter 35 did not provide any delimiting date for spouses. Following
> December 27, 2001, new chapter 35 spouses get a ten-year delimiting
> date.
>
> Extends Special Restorative Training (SRT) benefits to certain spouses
> and surviving spouses.
>
> Allows new types of organizations to be considered \"educational
> institutions.\" Educational institutions now include any private
> entity that offers, either directly or under an agreement with another
> entity, a course or courses to fulfill requirements for attainment or
> a license or certificate generally recognized as necessary to obtain,
> maintain, or advance employment in a vocation or profession in a high
> technology occupation, as determined by VA.
>
> Expands the types of distance education courses that may be approved.
> Now, independent study courses can also be part of a certificate
> program. The entire certificate program can be offered by independent
> study as well. The program must lead to a certificate that reflects
> education attainment offered by an Institution of Higher Learning.
>
> Expands outreach by requiring that SAAs, in addition to VA, actively
> promote the development of VA programs of training on the job
> (including apprenticeship programs).

**May 30, 2003 M22-4, Part I**

**Change 25**

**Public Date**

**Law No. Enacted Digest**

\[107-103 12-27-01 (continued)

> SAAs are also required to conduct outreach programs and provide
> outreach services to eligible persons and veterans about education and
> training benefits.

107-107 12-28-01 National Defense Authorization Act for Fiscal Year 2002

> Offers transferability as a reenlistment incentive to individuals with
> specific skills or in specific specialties. The total number of months
> of entitlement that may be transferred to all dependents may not
> exceed 18 months. It's up to the individual service to decide if they
> will use this incentive program.

107-314 12-2-02 National Defense Authorization Act for Fiscal Year 2003

> Changes the delimiting date for certain Selected Reservists training
> under chapter 1606 of title 10 from 10 years to 14 years. This change
> is effective October 1, 2002, and applies only to persons whose
> eligibility to chapter 1606 began on or after October 1, 1992.
>
> Provides that dependents who receive transferred entitlement will be
> paid at the veteran\'s rate of pay and not the service member's rate.
> This change amends the transferability provision of Public Law
> 107-107. VA will pay a dependent under this program at the veteran\'s
> rate, even though the person transferring entitlement is on active
> duty.
>
> Clarifies the source of funding for the transfer of entitlement
> provision. Funding for this program is to be made from the Department
> of Defense Education Benefits Fund or from Department of
> Transportation appropriations as appropriate.
>
> Amends title 10, United States Code, to provide enlistment incentives
> to facilitate national service. This new law establishes a National
> Call to Service Incentive program under which a participant agrees to
> perform a period of national service. Two of the 4 possible enlistment
> incentives are education benefits that VA will administer.

107-330 12-6-02 Veterans Benefits Improvement Act of 2002

> Changes the requirement for \"employment in a high technology
> industry" to \"employment in a high technology occupation in a high
> technology industry.\" This change in wording is retroactive to the
> beginning of the accelerated payment provision.\]

# M22-4, Part I May 30, 2003

**Change 25**

**Public Date**

**Law No. Enacted Digest**

\[107-330 12-6-02 (Continued)

> Makes a technical correction to the legislation which created
> eligibility categories IIC (PL 107-103). The law clarifies that
> category IIC individuals must have reenlisted or reentered a period of
> active duty after October 19, 1984.\]
>
> Before, the title 38 wording was "on or after\" October 19, 1984,
> which created a contradiction in the rules regarding persons who
> reenter active duty on that one particular day. The statutory language
> governing category IID continues to have this wording problem.
>
> Specifies that payments under the transfer of entitlement provision
> will be made from the DoD Education Benefits Fund or from
> appropriations made to the Department of Transportation, as
> appropriate.
>
> Changes the two-year approval requirement for licensing and
> certification tests so that a non-governmental organization\'s test
> may be approved if the organization has offered \"such test, or a test
> to certify or license in a similar or related occupation.\" This new
> wording is significantly more lenient than the previous wording. This
> is retroactively effective on November 1, 2000.
>
> Clarifies how a child\'s period of eligibility is to be determined if
> VA \"first finds\" that the parent\'s eligibility occurred between the
> child\'s 18th and 26th birthdays. The law specifies what happens when
> a child fails to make an election within the required 60-day period.
> These changes apply to claims received on or after November 1, 2000.
>
> Provides funding for the State approving agencies as follows: \$14
> million for fiscal year 2003; \$18 million for fiscal years 2004 and
> 2005; and \$19 million for fiscal years 2006 and 2007.\]