## Veterans Benefits Administration M21-1, Part IV

**Department of Veterans Affairs Change 195**

**Washington, DC 20420 April 21, 2004**

Veterans Benefits Manual M21-1, Part IV, "Authorization Procedures," is
changed as follows:

**Pages 14-I-3 through 14-I-4:** Remove these pages and substitute pages
14-I-3 through 14-I-4, attached.

Paragraph 14.02 (a) (3) is revised to state that when benefits have been
approved for a child attending school, and the child transfers to
another approved educational institution, or changes a course in the
existing approved educational institute, then no VA Form 21-674 will be
requested and payment previously made will not be disturbed (38 CFR
3.667(d)).

By Direction of the Under Secretary for Benefits

Ronald J. Henke, Director

> Compensation and Pension Service

Distribution: RPC: 2068

FD: EX: ASO and AR (included in RPC 2068)

LOCAL REPRODUCTION AUTHORIZED

**April 21, 2004 M21-1, Part IV**

**Change 195**

\(4\) **Notice of Potential Restored Entitlement Program for Survivors
(REPS) Eligibility.** Furnish VA Form 21-8924 with a locally generated
letter to DIC recipients if a computer-generated letter is not provided.

(a) **Notice at Age 16.** Furnish the surviving spouse VA Form 21-8924
    when the youngest child reaches age 16.

\(b\) **Notice at Age 18.** Furnish VA Form 21-8924 to each child when
he or she reaches age 18.

c\. **Original or Reopened Awards.** If a child has reached or will
reach age 13 or 18 within 2 months of the date of approval and
processing of the original or reopened award, provide the appropriate
notification required in subparagraph b above with the award notice.

d\. **VA Form 21-674b, School Attendance Report.** Do not routinely use
VA Form 21-674b. Generally, the use of this form is restricted to cases
in which verification of school attendance is required in accordance
with paragraph 14.02. Before furnishing VA Form 21-674b, insert in the
appropriate blocks the file number, veteran\'s name, child\'s name and
the regional office to which the form is to be returned.

**14.02 ADJUDICATION OF CLAIMS BASED ON SCHOOL ATTENDANCE**

Compensation, pension or DIC may be paid to or for a child between the
ages of 18 and 23 who is in continuous school attendance at an approved
school. Continuity of school attendance is not broken by holidays,
vacation periods or periods between terms, semesters or quarters when
attendance is not normally required.

*Note:* Payment of monetary benefits based on an original, reopened or
increased award of compensation, DIC or pension may not be made for any
period before the first day of the calendar month following the month in
which the award would otherwise be effective (38 CFR 3.31). \"Increased
awards\" are those adding dependents, i.e., either a new dependent, a
previous dependent for whom there has been a break in continuity or a
change in status that affects the benefit amount attributable to the
dependent. This provision does not affect the date of entitlement, only
the commencement date of payment.

a\. **Establishing Periods of Entitlement**

\(1\) **Age 18 During School Term.** For a child reaching age 18 during
a school term, VA Form 21-674, with items appropriately completed to
document school attendance for the period beginning on or before the
18th birthday, is required to establish entitlement from the 18th
birthday.

\(2\) **Child Age 18 During Holiday or Vacation Periods.** A child
attains age 18 during a holiday or vacation period and VA Form 21-674 is
received for a course which commences at the end of that period. If the
appropriate items are completed showing prior attendance at the same or
another school, in the same or a different course, to a termination date
immediately prior to the holiday or vacation period, do not develop for
continuity of attendance. Accept VA Form 21-674 as establishing
continuous entitlement from the 18th birthday (38 CFR 3.667(b)).
Completion of VA Form 21-674b to cover the prior attendance is not
required. With the award letter, furnish VA Form 21-674b for completion
and return to establish actual attendance after the holiday or vacation
period and thereby verify continued entitlement. Maintain control for
necessary actions as provided in subparagraph b below.

*Note:* A summer term does not preclude continued payment for a child
who does not enroll for the summer term *provided* the course is not
extended beyond a period commonly accepted as standard. This is also
applicable if the selected school operates on a trimester basis and
enrollment is deferred for a semester with entrance in the next regular
school term.

**14-I-3**

**M21-1, Part IV April 21, 2004**

**Change 195**

\(3\) **Transfers to Other Schools or Enrollment in Another Course.**
When benefits have been approved for a child attending school, and the
child transfers to another approved educational institution, or changes
a course in the existing approved educational institute, then no VA Form
21-674 will be requested and payment previously made will not be
disturbed (38 CFR 3.667(d)).

\(4\) **Commencing Dates**

\(a\) **Child in School at Age 18.** Take action as follows on timely
receipt of evidence establishing the continuity of school attendance.
See part V, chapter 5, table I concerning entry of reason code 23,
Enters School, with change in status code and part V, paragraph 6.12
about increase in the school counter.

[1]{.underline}. **C&P Cases.** Entitlement based on school attendance
is effective the date of a child\'s 18th birthday if the claim is timely
filed (38 CFR 3.667(a)(1)).

[a]{.underline}. Pay increased rates of benefits from the first of the
month following the 18th birthday, but continue the prior rate from the
18th birthday until the date of increase. See paragraph 14.02 for
definition of \"increased award.\"

[b]{.underline}. Awards that simply continue payment of the previous
rate in effect immediately prior to the 18th birthday commence from the
18th birthday.

[2]{.underline}. **DIC Cases.** Entitlement based on school attendance
is effective either the first day of the month of a child\'s 18th
birthday or the date of a child\'s 18th birthday. See 38 CFR 3.667(a)(3)
or (5).

[a]{.underline}. If a child was included in the surviving spouse\'s DIC
award, make the separate award to the child as a schoolchild from the
first day of the month following the month of the child\'s 18th
birthday.

[b]{.underline}. If a child was receiving benefits as a child and no
surviving spouse is involved, make the separate award from the child\'s
18th birthday.

[c]{.underline}. If a child was receiving benefits as a child under an
apportioned award, make the separate award from the child\'s 18th
birthday continuing the apportioned rate. Begin the increased
schoolchild rate effective the first day of the following month.

\(b\) **Child Not in School at Age 18.** When a child was not attending
school on his or her 18th birthday (exclusive of cases covered in
subpar. (2). above, where the child reaches age 18 during a holiday or
vacation period and, subpar. b below, if schooling is to begin at a
future date), award benefits effective the first day of the month
following the month in which school attendance commences provided a
claim is filed within 1 year from that date (38 CFR 3.31 and 3.667(a)(2)
and (4)).

(c) **Not Timely Claimed.** If a claim is not filed within 1 year after
    the child\'s 18th birthday or the

commencing date of the course, whichever is later, do not award benefits
for any period prior to the first of the month following the month in
which the claim is received (38 CFR 3.667(a)).

**14-I-4**