October 29, 1985 M28-2, Part II

CHAPTER 4. PRIOR VA TRAINING AND ENTITLEMENT COMPUTATIONS

CONTENTS

PARAGRAPH PAGE

4.01 Prior VA Training 4-1

a\. General 4-1

b\. Record of Prior Training 4-1

c\. No Record of Prior Training 4-1

d\. Veteran Fails to Provide Record of Prior Training 4-2

4.02 Entitlement Computations 4-2

a\. Public Law 78-346 (WWII)-Residence Courses 4-2

b\. Public Law 78-346 Flight Courses 4-3

c\. Chapter 33 (Public Law 82-550) Residency
Courses\...\...\...\...\...\...\...\...\..... 4-3

d\. Chapter 33 Flight Courses 4-3

e\. Chapter 31/34 Crossover and Chapters 34 and 35 Training
Courses\...\...\...\..... 4-3

f\. Public Law 78-16 and Public Law 81-894-Vocational Rehabilitation
(Ch. 3 1) 4-4

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October 29, 1985 M28-2, Part 11

CHAPTER 4. PRIOR VA TRAINING AND ENTITLEMENT COMPUTATIONS

4.01 PRIOR VA TRAINING

a\. General. Programs of education or training previously pursued by a
veteran will be utilized to the fullest extent practicable in
determining the character and duration of chapter 31 benefits to be
provided. The record must be documented to show this has been done. If
the veteran has had previous training under either vocational
rehabilitation or other VA educational assistance programs, the
Adjudication Division must make an exact audit of prior training to
determine the number of months and days of training received under all
law(s). Then the number of months and days previously used are
subtracted from 48 months to determine current remaining entitlement to
chapter 31 benefits. If the amount of further training and services
required to achieve the selected rehabilitation goal exceeds the amount
of remaining entitlement, the case will be considered for extension by
the VR&C Officer. For a more detailed description of the procedures for
extension of entitlement see paragraph 1.07a and DVB Manual M28-1, part
I, paragraphs 5.03 and 5.04, and part II, paragraph 3.03d.

b\. Record of Prior Training. Training under chapter 3 1, former chapter
33, and Public Law 346, 78th Congress, will be indicated by notations on
the claims folder. The claims folder will also indicate the location of
the R&E folder in such cases. If the R&E folder is not with the claims
folder, information will be obtained as follows:

\(1\) R&E Folder in Another Office. The folder will be requested by FTS
(Federal Telecommunications System). This procedure will apply to those
folders located in another regional office or in the RPC (Records
Processing Center).

\(2\) R&E Folder Destroyed. For applications which show prior training
under Public Law 78-346, Public Law 78-16 (ch. 31) or Public Law 82-550,
the R&E folder which was established probably has been destroyed under
VA disposal authority. However, microfilm records of VR&C award account
cards (VA Form 4-1391, Record of Payments and Train­ing Status) or the
payee account cards (punch cards) should be available at the regional
office which made the final payment for the veteran\'s earlier training.
The correspondence clerk will initiate a request for prior training
information on VA Form 3232, General Information Request, to the Finance
activity of the regional office which had jurisdiction over the
veteran\'s training. If a veteran had training in several regional
office areas, the clerk should send a request to each office. The
correspondence clerk will then annotate the bottom margin of the
application form (VA Form 28-1900) to show: \"Prior Training Records
Requested (Date)."

\(3\) R&E Folder Retired. When an R&E folder is retired, the outside of
the claims folder will identify the FARC (Federal Archives and Records
Center) to which the folder is sent. Folders described in subparagraph
(2) above are not available and will not be requested from the FARC.
Folders which have been created for chapter 31 training after 1960 may
be recalled from the FARC.

*NOTE.- If the veteran applied for benefits, but never entered training,
a stamped impression on the outside of a claims folder will show an R&E
folder was established, but that stamped impression will be
obliterated.*

c\. No Record of Prior Training. If it is known that the veteran trained
under prior VA laws, but there are no available records of his or her
training under those laws, the information furnished by the applicant
will be used to compute the prior training time. When an application is
received which indicates training under other VA programs and no VA
records are obtainable, the following information will be requested from
the applicant by using the 205 Target screen or sending a local letter:

\(1\) Name of program or law under which the benefits were paid;

\(2\) Name of school or training establishment where training was
pursued;

\(3\) Beginning and ending dates for each period of training;

\(4\) Training times or monthly rates for each period of training.

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M28-2, Part 11 October 29, 1985

d\. Veteran Fails to Provide Record of Prior Training. If the veteran
does not provide the requested records within 30 days, the Adjudication
Division will inform the VR&C Division. The Adjudication Division will
take no action against the veteran based on a failure to provide this
information unless the VR&C Division requests such action on a VA Form
22-1905.

4.02 ENTITLEMENT COMPUTATIONS

a\. Public Law 78-346 (WWII)-Residence Courses. Eligible veterans were
granted I year of training plus a period of training equal to the period
of creditable service after September 16, 1940, plus an extension to the
end of a term or quarter. Total eligibility could not exceed 48 months.
There were two entitlement charges made under this law: The VA could
assess both a regular entitlement charge and an entitlement charge for
excess payment.

\(1\) Regular Entitlement Charges. The regular entitlement charge is
made in terms of years, months and days for periods during which the
veteran was carried in training status. The period to be charged is
computed by subtracting the starting date of the course from the ending
date of the course. If it becomes necessary to borrow a month to permit
a subtraction of days, 30 days will be considered a month. To account
for both the beginning and ending dates of the certified period of
enrollment, I day will be added to the result obtained.

\(a\) Part-Time Enrollment. When the course was pursued on a part-time
basis, the result will then be multiplied by the fractional equivalent
of the rate of pursuit (I /4, 1/2 or 3/4). A fraction of more than
one-half day in the final result will be counted as I day. A fraction of
one-half day or less will be disregarded.

\(b\) When Veteran Is Sole Source of Enrollment Information. A veteran
may be the only source of information regarding attendance. For
entitlement computation purposes in such an instance, if the veteran can
only provide the months and years of attendance, the beginning date will
be taken as the 23d of the month and the ending date will be taken as
the 7th of the month.

\(2\) Entitlement Charges for Courses Costing in Excess of Prescribed
Rate. An entitlement charge for excess payments is made whenever
payments made for tuition, fees, books, etc., exceeded \$500 for a
full-time course for an ordinary school year. Proportionate rates were
also used for part-time study and for shorter or longer enrollment
periods. An additional charge to entitlement of I day for each \$2. 10
which is in excess of \$500 or of the relevant proportion of the rate of
\$500 applicable to a part-time course will be made by dividing the
excess amount by \$2.10. Add the regular entitlement charge to the
en­titlement charge for excess payment to obtain the total entitlement
used under this law. For example, a veteran pursues a full-time course
during the school year of two semesters which begins on September 24 and
ends on June 7, the cost of which amounts to \$542. The regular charge
against the veteran\'s entitlement for the period from September 24 to
June 7 will be 8 months and 14 days, but because of the \$42 of cost in
excess of \$500, an additional period of 20 days (\$42 divided by \$2.
10) shall be charged against entitlement, making a total charge of 9
months and 4 days. As a further example, a veteran pursues a half-time
course during the school year of two semesters beginning September 24
and ending June 7, the cost of which is \$292. The regular charge
against his or her entitlement will be 4 months and 7 days (one-half of
8 months and 14 days) and an additional period of 20 days because of the
\$42 of cost in excess of \$250. This makes a total charge against the
veteran\'s entitlement of 4 months and 27 days.

\(3\) Conversion of Time for Entitlement Accounting Purposes. When it is
necessary for purposes of entitlement account­ing to convert entitlement
expressed in days into years, months, and days, and vice versa, the
conversion factor of 30.4 will be used. This factor represents the
average month of the 12-month year of 365 days (365 divided by 12 equals
30.4). In the result of these computations, a fraction of more than
one-half will be counted as I day. A fraction of one-half or less will
be disregarded.

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October 29, 1985 M28-2, Part II

EXAMPLE: Period of enrollment is September 10, 1946 to May 25, 1947;
total charges are \$626; and training time is 3/4.

**Regular Entitlement Charge** Year Month Day

Ending date of course\...\...\...\... 46 17 26

Starting date of course\...\...\.... [46 09 10]{.underline}

Elapsed period (full time)\...\.... 08 16

Charge for 3/4 time (8 months and

[16 days x .75)\...\...\...\...\...\.... 6 12]{.underline}

**Entitlement Charge-Excess Payment**

Establish Ordinary Rate 500 x .75 = 375

Excess Payment 626 - 375 = 251

**Charges for Excess Computations**

251/2.10 = 119.5238 = 120

120/30.4 = 3.9473684 months

.9473684 x 30.4 = 28.799999 days

= 3 months 29 days

**Total Entitlement Charge Year Month Day**

Regular\...\...\...\...\...\...\...\..... 06 12

Excess\...\...\...\...\...\...\...\...\... [03 29]{.underline}

Used for Prior Training\...\...\.... 10 11

*NOTE.- Under certain circumstances the VA paid for tuition and fees
even though a subsistence allowance was not payable for a term. In such
cases, an entitlement charge was assessed according to the veteran\'s
training time.*

b\. Public Law 78-346 Flight Courses. Divide the total amount of
payments by \$2. 10 and divide the result by 30.4 to obtain the months
and decimal fraction of a month of entitlement used. Then multiply only
the decimal fraction by 30.4 to yield the number of days of entitlement
used.

c\. Chapter 33 (Public Law 82-550) Residency Courses. The entitlement
charge is computed in the same manner as the regular entitlement charge
was computed for Public Law 78-346 (WWII). Subtract the beginning date
of the course from the ending date of the course and multiply the result
by the fractional equivalent of the training time (full time = 1, three
quarters = 3/4, etc.).

d\. Chapter 33 Flight Courses. Divide the total amount of payments by
\$1.25 and divide the result by 30.4 to obtain the months and decimal
fraction of a month of entitlement used. Then multiply only the decimal
fraction by 30.4 to get the number of days of entitlement used.

e\. Chapter 31/34 Crossover and Chapters 34 and 35 Training Courses. The
entitlement charge under each of these programs is computed on a
quarter-month basis. Entitlement used under chapters 34 and 35 and under
the chapter 31/34 crossover program can be determined by master record
inquiry of the Target System.

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M28-2, Part 11 October 29, 1985

f\. Public Law 78-16 and Public Law 81-894-Vocational Rehabilitation
(Ch. 31)

\(1\) Historical Background. Vocational rehabilitation of disabled
veterans was initially provided by Public Law 78-16, enacted on March
24, 1943. This law provided for the vocational rehabilitation of
veterans of World War II having com­pensable service-incurred or
service-aggravated disabilities resulting in vocational handicaps.
Through the years changes were made to the law governing the vocational
rehabilitation training of veterans. Public Law 81-894 extended the
benefits of Public Law 78-16 to certain persons who served in the
military, naval or air service on or after June 27, 1950. Later Public
Law 82-170 extended vocational rehabilitation benefits to all veterans
with compensable service-connected dis­abilities who served on or after
June 27, 1950. Finally, on October 17, 1980, Public Law 96-466,
\"Veteran\'s Rehabilitation and Education Amendments of 1980,\" was
signed into law. Public Law 96-466 completely revised the chapter 31
program to assure that service-connected disabled veterans with
employment handicaps will benefit from the latest concepts and methods
developed in the field of rehabilitation.

\(2\) Entitlement Charges. In computing time expended in pursuit of
vocational rehabilitation training for the purpose of assessing charges
against entitlement, such time will be expressed in months and days for
Target input into the chapter 31 master record. The computations will be
in accordance with the methods described above in this paragraph for the
governing law at the time chapter 31 benefits were pursued. The
Adjudication Division will include all periods of authorized leave, but
will exclude the employment adjustment allowance or the equivalent
allowance under any prior law; e.g., a lump sum rehabilitation payment
will not be counted against entitlement used.

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