**Veterans Benefits Administration M21-1, Part IV**

**Department of Veterans Affairs Change 215**

**Washington, DC 20420 February 2, 2005**

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

**Pages 14-I-3 through 14-I-8:** Remove these pages and substitute pages
14-I-3 through 14-I-8 attached.

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

Paragraph 14.03g is revised to provide additional guidance on what
actions to take on up receipt of VA Form 21-8960.

**Pages 14-I-13 through 14-I-15:** Remove these pages and substitute
pages 14-I-13 through 14-I-15 attached.

Paragraph 14.06a is revised to state that benefits cannot be awarded for
a home school program unless the requirements of subparagraph d are met.

Paragraph 14.06d is added to state that a home school program may be
considered an approved course of instruction if

1.  the program can be considered an educational institution *and*

2.  the program is approved by the authority established within the
    State for determining educational standards or by an institution
    recognized by VA to be equally as competent to determine such
    standards as a State authority.

Due to the addition of 14.06d, the previously numbered 14.06d, e, and f
are renumbered as 14.06e, f, and g.

"Predetermination notice" has been changed to "notice of proposed
adverse action" where necessary. Additionally, minor editorial changes
were made.

**Rescission:** Change 195 dated April 21, 2004.

By Direction of the Under Secretary for Benefits

Renée Szybala, Director

> Compensation and Pension Service

Distribution: RPC: 2068

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

LOCAL REPRODUCTION AUTHORIZED

**February 2, 2005 M21-1, Part IV**

####  Change 215

\(4\) **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.

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

> **14-I-3**

**M21-1, Part IV February 2, 2005**

**Change 215**

(a) Do not interrupt payments being made for approved school attendance
    solely because of notice of transfer to another school. Continue
    payments pending receipt of VA Form 21-674 for the change in school.

(b) Inform the claimant that the VA Form 21-674 must be completed and
    returned within 60 days or payments will be discontinued. Establish
    end product 130 for control. If a response is not received within 60
    days of the request, PCLR end product 130 and establish end
    product 600. Furnish the claimant a predetermination notice. Inform
    the claimant that he/she must respond within 60 days. If no response
    is received within 60 days of the request, take action to amend or
    terminate the award effective the date of last payment or the first
    day of the month school was scheduled to resume, whichever is
    earlier.

\(4\) **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 18^th^

    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)).

\(5\) P**rospective Ending Dates.** Provide a reason code 25 line on
awards based on school attendance for scheduled termination of benefits
as of the first day of the month following the month in which it is
expected the course will be completed (see M21-1, Part V, par. 6.12b) or
the child\'s 23rd birthday, whichever occurs first (38 CFR 3.667(c)).

**14-I-4**

# February 2, 2005 M21-1, Part IV

**Change 215**

b\. S**chool Attendance to Begin at a Future Date---Use of VA Form
21-674b.** If VA Form 21-674 shows that the child expects to start the
next course of training at a future date (or continue schooling
following a holiday or vacation), thereby establishing continuity of
school attendance, take award action as provided in subparagraph a
above, if otherwise in order, to authorize the benefits payable. Award
action may be taken 3 months before the child\'s 18th birthday.

\(1\) Send VA Form 21-674b with the award notice letter requesting that
it be completed and returned within 60 days following commencement of
school.

\(2\) Advise the claimant that benefits will be reduced or terminated if
the form is not received within the 60-day period.

\(3\) Maintain a future diary under end product 130. If VA Form 21-674b
or other notice is not timely furnished following the commencement of
school attendance, suspend payments to or on account of the child
(reduce veteran\'s or surviving spouse\'s award) effective date of last
payment. Provide notice of proposed adverse action prior to making the
adjustment. Send the beneficiary another VA Form 21-674b with notice of
proposed adverse action and control for 60 days.

\(4\) If the required notice is not received within the 60-day due
process period, or if notice of failure to attend is received, take
award action as follows under 38 CFR 3.667(b):

\(a\) When an award to a surviving spouse or a veteran includes
additional benefits based on the child\'s anticipated school attendance,
reduce the award effective the date of last payment or the first day of
the month in which school attendance was scheduled to begin or resume,
whichever is earlier. Do not maintain any further control.

\(b\) If payments were being made under a consolidated award, reduce the
award (dependency codes and rates) to exclude the child effective as
provided in the foregoing subparagraph. Create any overpayment in
accordance with M21-1, Part V, paragraph 4.05c(l).

\(c\) If the schoolchild was receiving a separate or an apportioned
share, discontinue his or her award effective as provided above.
Simultaneously adjust any other affected award to the increased rate
payable to other payees because of the termination of the child\'s
entitlement. Awards to increase benefits based on the loss of a
dependent are both effective and payable from the factual date of
dependency change as the total award amount was reduced to reflect the
loss.

\(d\) A report of school attendance to begin at a future date may be
accepted by telephone, e-mail or fax. See M21-1, Part III, paragraphs
11.18 through 11.19 for verification and documentation procedures.

**14.03 VERIFICATION OF SCHOOL ATTENDANCE**

The custodian of each child (or the child, if paid directly) in receipt
of school attendance benefits is required to verify continued school
attendance at least once each year by completing VA Form 21-8960,
"Certification of School Attendance or Termination." If certification of
school attendance is not received, benefits payable to or on behalf of
the child are to be discontinued.

a\. **Computer-Generated VA Form 21-8960.** Each March a
computer-generated VA Form 21-8960 is sent to each child (or the
child\'s custodian) shown in the master record as attending school. A VA
Form 21-8960 is also sent to the child or custodian two months before a
scheduled termination of school attendance unless the termination is in
June. The central computer system establishes a master record diary
under reason code 21 for the return of VA Form 21-8960 or other adequate
notice. Other adequate notice is written information provided by the
payee, his or her fiduciary or power of attorney verifying school
attendance or indicating termination of enrollment.

b\. **Completion of VA Form 21-8960.** This form is used to request the
child\'s custodian (or the child, if paid directly) to verify continuous
enrollment along with an intent to continue school attendance.

**14-I-5**

**M21-1, Part IV February 2, 2005**

# Change 215

c\. **Failure To Complete and Return VA Form 21-8960.** If the VA Form
21-8960 is not returned within 60 days from the date of request, review
the claims folder to determine when it was last certified that the child
was attending school. Any prior communication uncontradicted by evidence
in file that confirms the student\'s attendance is acceptable. Also, see
paragraph j below concerning certification of school attendance by
telephone, e-mail or fax. Establish the effective date of the proposed
reduction or termination at the end of the month in which it was last
certified that the child was attending school.

d\. **Notice of Proposed Adverse Action.** Send notice of the proposed
adverse action, enclose another VA Form 21-8960, and include the
following information:

\(1\) A statement of the proposed decision, including the proposed
effective date.

\(2\) An explanation of the basis for the proposed decision.

\(3\) Advice about the right to present evidence, request a personal
hearing and have representation.

\(4\) A notice that the beneficiary must reply within 60 days.

e\. **Diary Control.** Establish a diary control to mature 65 days
following the date the notice of proposed adverse action is released.

f\. **Failure to Return Subsequent VA Form 21-8960.** If the VA Form
21-8960 or other adequate notice is not received within the additional
65-day period, reduce or terminate benefits as proposed. Send a locally
generated letter to advise the beneficiary of the final action. Provide
a complete explanation and give procedural and appellate rights.

g\. **Receipt of Initial or Subsequent VA Form 21-8960.**

(1) If VA Form 21-8960 or other notice is received indicating that the
    child has not changed schools *and* his/her

    graduation date remains the same, PCLR the end product and cancel
    the master record diary under reason code 21.

(2) If VA Form 21-8960 or other notice is received indicating that the
    child has not changed schools *and* his/her

graduation date has changed, prepare an amended award and cancel the
master record diary under reason code 21. Provide contemporaneous notice
if the removal date based on this evidence is earlier than the removal
date of record. Otherwise, general notification of the decision is
sufficient.

\(3\) If VA Form 21-8960 or other notice is received indicating that the
child has changed schools, follow procedures set forth in M21-1, Part
IV, Paragraph 14.02a(3).

h\. **Unscheduled Termination.** In the event of an earlier unscheduled
termination of schooling, take action as follows:

\(1\) If termination occurs during the regular school year, terminate or
reduce the award effective the first day of the month following the
month in which school attendance terminated (38 CFR 3.667(c)).

\(2\) If termination occurs during a regularly scheduled vacation
period, amend or terminate the award effective the date of last payment
or the first day of the month school was scheduled to resume, whichever
is earlier (38 CFR 3.667(b)).

\(3\) VA Form 21-674b may be used in questionable cases.

\(4\) Give notice of proposed adverse action prior to reducing or
terminating the award if information is received from someone other than
the payee. See paragraph 9.03.

i\. **Death or Marriage of Child.** For adjustment required in the award
to the veteran or surviving spouse on the death or marriage of a
schoolchild, see paragraph 25.07.

**14-I-6**

**February 2, 2005 M21-1, Part IV**

**Change 215**

j\. **Certification of School Attendance by Telephone, E-Mail or Fax.**
Certification of school attendance may be accepted by telephone, e-mail
or fax. See M21-1, Part III, paragraphs 11.18 through 11.19 for
verification and documentation procedures.

k\. **Reports of Discontinuance of School Attendance by Telephone,
E-Mail or Fax.**

\(1\) Action to reduce or terminate benefits may be taken without
issuing notice of proposed adverse action when VA is notified by fax,
e-mail, or telephone that school attendance is discontinued, provided
the following conditions are met (see 38 CFR 3.217(b) Submission of
statements or information affecting entitlement to benefits):

> \(a\) the information received verifies the identity of the provider
> as either the beneficiary or his or her fiduciary by specific
> information provided about the beneficiary that can be verified from
> the beneficiary\'s VA records, such as Social Security number, date of
> birth, branch of military service, dates of military service, or other
> information, and

\(b\) the provider understands that the information or statement will be
used for the purpose of calculating benefit amounts, and

\(c\) all information received is fully documented.

\(2\) Contemporaneous notice of the adverse action is still required.
See M21-1MR, Part I, Chapter 2, Section D which explains contemporaneous
notice.

**14.04 AWARDS BASED ON SCHOOL ATTENDANCE AFTER AGE OF MAJORITY**

a\. **Child Included in Veteran or Surviving Spouse Award.** Continue to
include payments of compensation or pension on account of a child
attending school in the award to the veteran or surviving spouse having
actual or constructive custody of the child although the child has
attained majority.

b**. Fiduciary Awards.** If the age of majority is later than age 18 and
an award is being made to a fiduciary (including a fiduciary recognized
under 38 CFR 3.850(c)) based on school attendance, continue payment
through the final date of entitlement (end of approved schooling or age
23, whichever is earlier).

***Note*:** Msg 692, CHECK FOR CHILD REACHING MAJORITY, will be
generated approximately 3 months prior to the 21st birthday (as shown in
the child birth segment) of any child for whom payments are being made
to a fiduciary. If the age of majority is over age 18 but under age 21,
establish a control under diary reason 30 for review of the case 60 days
prior to the age of majority.

\(1\) Upon receipt of Msg 692 (notice of child reaching 21) or Msg 631
(notice of expiration of a diary control), ascertain the child\'s
current address and verify marital status and school attendance.
Establish a control for further review in sufficient time to prevent
receipt of any payment by the fiduciary after the child attains
majority.

\(2\) When the requested evidence is received, authorize direct payment
to the child effective the first of the month in which majority was
attained, or from the date of last payment, if earlier, if such payment
will be received on or after attainment of majority (38 CFR 3.403(b) and
3.854). See paragraph 14.08b.

\(a\) If no other child is being paid under the award to a fiduciary,
use the 601 screen under CFID authority to substitute the child as a
payee for direct payment of benefits due by reason of majority. Annotate
the reason for this change on the document print. Notify the student by
locally generated letter.

***Note*:** The Fiduciary File Location field must be completed with
entry of \"000\" to remove the fiduciary file location and prevent
unnecessary fiduciary messages, e.g., action messages such as Msg 692,
and rejects on changes of address not processed under CFID authority.

> **14-I-7**

# M21-1, Part IV February 2, 2005

**Change 215**

\(b\) Reduction in a consolidated award requires award action using
reason code 31 or 43 for the award line reducing payments. Authorize
direct payments to the schoolchild on an original or reopened award
using reason code 00 or 60 as appropriate. See paragraph 14.05 for
preparation of awards. Notify the student by letter.

\(3\) If the requested evidence is not received within the control
period, furnish the student a predetermination notice. Provide the
proposed effective date, an explanation of the proposed decision, the
right to present evidence, request a hearing and have representation.
Indicate that the student must respond within 60 days. Maintain control.
If a response is not received within 65 days of the request, take action
to suspend the award as of the date of last payment.

\(a\) See M21-1, Part V, paragraph 4.05c for consolidated award
adjustment.

\(b\) If the evidence is not received within 6 months, Msg 615, ACCOUNT
IN SUSPENSE SIX MONTHS OR MORE, will issue for termination action
effective date of last payment.

\(4\) If the necessary evidence is received within 6 months of the
request and prior to any termination action but after the award has been
suspended, take action as provided in b(1)(a) above for direct payment.
For only-child awards, use the 406 screen under the RESU (resume)
authority to effect resumption of payments. Make consecutive 601 screen
entries under CFID authority to substitute the student\'s name and
address as direct payee and to zero out any existing code by entry of
\"000\" in the Fiduciary File Location field.

\(5\) On receipt of necessary evidence following termination but within
1 year of the request, take action by amended or reopened award, as
appropriate.

\(6\) If continued entitlement is not established, terminate the award
as of the appropriate date.

**14.05 PREPARATION OF AWARDS**

Prepare awards involving school attendance in accordance with
instructions found in M21-1, Part V, chapters 5 and 6 in addition to the
specific instructions found below. Pay particular attention to change
reason codes, number of schoolchildren and child birth data. Incorrect
entries for these items will result in error messages.

a\. **General.** Awards involving schoolchildren must provide a reason
code 25 (45 in \"other\" awards or 55 with helpless children attending
school) future award line reflecting the end of school attendance. The
304 screen must provide the same remove reason and remove date.

**14-I-8**

**February 2, 2005 M21-1, Part IV**

**Change 215**

304 Screen

Child Name Child DOB Stat Add RSN CHG Stat RSN Remove RSN Appor

[Bill 051573 2 051591 23 070192 25]{.underline}

**EXAMPLE 6:** If there has been a break in the continuity, improved
pension cases must show the current award line using special law code 18
zeroed out effective the date the child is added whenever there is a
future change in IVAP due to the child\'s income. On July 1, 1991, a
veteran in receipt of pension without income reports that his son,
Arnold, will attend college August 15, 1991, through May 29, 1992. He
has countable income of \$145 per year.

403 Screen

Date RSN Rate EC Disab Depen S H Inc SLC Withhold DED-Offset

070191 00 594.00 3L PT 00/00 0000 18

090191 23 766.00 81/81 1 0145 00

120191 37 795.00 81/81 1 0145

[060192 25 616.00 00/00 0 0000]{.underline}

304 Screen

Child Name Child DOB Stat Add RSN CHG Stat RSN Remove RSN Appor

[Arnold 111972 2 090191 23 070192 25]{.underline}

**14.06 APPROVED COURSE OF INSTRUCTION**

a\. **General.** Do not award benefits based on school attendance unless
the course of instruction or training meets the requirements specified
in subparagraph b below for domestic cases or subparagraph c below for
foreign cases. For home school programs, do not award benefits unless
the program meets the requirements specified in subparagraph d below.
Any person who has the authority to approve an award based on school
attendance may also determine whether a course of instruction is
approved.

b\. **Domestic Cases.** The instruction or training must be offered by
an institution recognized as standard and accredited for such course:

\(1\) By the authority established within the State for determining
educational standards,

\(2\) By some institution or State authority recognized by VA to be
equally as competent to determine such standards as such State authority
or

\(3\) By the Veterans Service Center of the regional office of
jurisdiction over the area within which the institution is located. See
subparagraph f below.

c\. **Foreign Cases**

\(1\) The instruction or training must be offered either by:

\(a\) An institution recognized as standard and accredited for such
course by the authority established within the country for determining
educational standards such as The Minister of Education, The Minister of
Cultural Affairs or

\(b\) An institution recognized by VA for the purposes of educational
assistance under 38 U.S.C. chapter 30, 32 or 35.

**14-I-13**

#### M21-1, Part IV February 2, 2005

### Change 215

\(2\) If there are no recognized accrediting agencies as specified in
subparagraph (1) (a) and (b) above, the American Consular Officer is
authorized to consult with any recognized institution of higher learning
for professional advice concerning the acceptability of the school. The
determination of approval status will be made as follows:

\(a\) The Manila regional office will make the determination as to the
acceptability of a course of instruction or training in the Philippines.

\(b\) In other foreign cases, the determination will be made by the
American Consular Officer who will furnish an endorsement as the
approving official when VA Form 21-674 is submitted through the local.
U.S. Embassy or Consulate. Otherwise, when the approval status of a
foreign school or institution is to be determined, the request will be
referred to the Director, Washington Regional Office (372), who
maintains information concerning the approval status of foreign schools.
These requests may be made by e-mail when the circumstances warrant
expedited action. A request for status will not be made when the course
obviously does not meet the requirements of subparagraph d below.

d**. Home School Programs**. A home school program may be considered an
approved course of instruction if the program can be considered an
educational institution and is approved.

(1) An educational institution is an institution for the teaching and
    improvement of its students or pupils. To

    determine whether a home school program is an educational
    institution, the claimant must submit a statement or provide
    evidence showing the program's purpose and structure.

(2) The claimant must submit documentation indicating that the home
    school program is approved by the

authority established within the State for determining educational
standards or by an institution recognized by VA to be equally as
competent to determine such standards as a State authority. Benefits
based on attendance in a home school program may not be granted if the
claimant cannot provide this documentation.

***Note***: A separate statement from the claimant indicating the
program's purpose and structure will *not* be required if the
documentation provided, per subparagraph d(2) above, includes this
information.

e\. **In All Cases.** The course should require attendance of not less
than the equivalent of three regular class sessions (daytime or evening)
per week and contemplate the attainment of the training or educational
objectives in a period commonly accepted by standard institutions as
adequate for that purpose.

\(1\) If the school is accredited for VA purposes and both the total
hours spent in class and the educational objective are otherwise
acceptable, benefits based on the certified school attendance may be
approved locally.

\(2\) When local approval does not appear warranted, the case may be
submitted to Central Office (211C) for an advisory opinion if the
contemplated course is otherwise meritorious and appears to be directed
toward the attainment of a definite educational objective.

f\. **Development for Determination of Approved Course of Instruction**

\(1\) **Domestic Cases.** On receipt of VA Form 21-674, make a
determination as to whether or not the course of instruction meets the
criteria for an approved course of instruction. If necessary, make an
inquiry or perform an investigation before the determination.

\(a\) As necessary, make reference to the list of approved schools
maintained in the regional office. The On Line Approval File (OLAF)
should be consulted.

\(b\) If the school is not on the approved list and the office does not
have information about the school from other resource data, such as a
recent issue of the U.S. Department of Education\'s \"Education
Directory, Part 3, Higher Education\" or the \"Official Directory\"
published by the Accrediting Commission for Business Schools, take
necessary action to obtain the data from the State authorities or other
competent sources.

**14-I-14**

**February 2, 2005 M21-1, Part IV**

##  Change 215

\(c\) If the school is located in another jurisdiction and additional
information regarding its approved or nonapproved status is desired,
obtain that information by telephone or e-mail from the office having
jurisdiction over the area where the school is located.

1.  Indicate that the information is being requested for compensation,
    pension or DIC purposes, whichever is

applicable, since the requirements for approved course status in these
cases are less stringent than the requirements of training under 38
U.S.C. Chapters 30, 31, and 35.

[2]{.underline}. When the information is furnished, the originating
office will determine if the course of instruction may be approved for
the case under consideration. See subparagraph a above.

**(2) Foreign Cases.** Undertake any development as to the acceptability
and approval of a school or a course of instruction or training in
foreign cases as provided in subparagraph c above.

**14.07 NONDUPLICATION OF BENEFITS**

Compensation, pension or DIC may not be paid based on school attendance
if the child is pursuing (38 CFR 3.667(f)):

a\. A course in a Federally supported school when the child is wholly
supported at the expense of the Federal government. (The bar in 38 CFR
21.4025 to schooling supported \"in part\" does not apply to
compensation, pension and DIC cases.) \"Wholly supported\" means that
the student is furnished tuition, housing, meals, suitable clothing,
medical attention, books, supplies and other necessities at the expense
of the Government. In addition to the service academies, this includes
the United States Merchant Marine Academy and Native American schools
wholly supported by the Federal government where no charge is made for
tuition or maintenance.

b\. A course under the Dependents\' Educational Assistance program when
the child is over age 18 and is not helpless. See paragraphs 14.12 and
14.13.

*Note:* Compensation, pension, or DIC based on the service of a parent
may be paid concurrently with educational or vocational rehabilitation
benefits based on the child\'s own service. (For additional information
on concurrent benefits see 38 CFR 3.708, Federal Employees\'
Compensation, and chapter 20, subchapters IV and X.) Also, payment of
Social Security benefits because of school attendance is not a bar to
concurrent compensation, pension, or DIC based on the same school
attendance.

**14.08 DEPENDENCY AND INDEMNITY COMPENSATION**

a.  **Need for Claim.** Accept VA Form 21-674 as the evidence required
    by 38 CFR 3.152(c)(4) to complete a

claim for a child who was included in the surviving spouse\'s claim and
becomes eligible for DIC on reaching age 18. VA Form 21-4183,
"Application for Dependency and Indemnity Compensation by Child," should
be required only if the information to be supplied thereon is necessary
for proper adjudication.

> b\. **Separate Payment to Child Over Age 18.** Make payments of DIC to
> or for a child over 18 years

of age by reason of school attendance (or helplessness) under an
additional (separate) award, even though the child may be in the custody
of a surviving spouse in receipt of DIC benefits and such benefits and
such additional award are made to the surviving spouse as custodian
under 38 CFR 3.850(c). Make direct payment to such child during minority
only under the conditions prescribed in 38 CFR 3.850(a). See paragraph
14.05.

**14-I-15**