Custom Federal Regulations Service™

**This is supplemental material**

**for Book G of your set of**

**Federal Regulations**

Title 38, Part 21

*Vocational Rehabilitation and Education*

**Veterans Benefits Administration**

Supplement No. 73

Covering period of *Federal Register* issues

through May 3, 2007

Copyright © 2007 Jonathan Publishing

**Need Assistance?**

Questions concerning **[missing supplements]{.smallcaps}**, need for
**[additional books]{.smallcaps}**, and other **[distribution
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Washington DC 20420

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E-mail: coarms@vba.va.gov

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Copyright © 2007 Jonathan Publishing

> **GENERAL INSTRUCTIONS**

Custom Federal Regulations Service™

**Supplemental Materials for *Book G***

**Code of Federal Regulations**

**Title 38, Part 21**

***Vocational Rehabilitation and Education***

**Veterans Benefits Administration**

**Supplement No. 73**

5 May 2007

Covering the period of Federal Register issues

through May 3, 2007

When **Book G** was originally prepared, it was current through final
regulations published in the *Federal Register* of 25 February 1992.
These supple­mental materials are designed to keep your regulations up to
date. You should file the attached pages immediately, and record the
fact that you did so on the *Supplement Filing Record* which is at page
G-8 of Book G, *Vocational Rehabilitation and Education*.

> **To ensure accuracy and timeliness of your materials,**
>
> **it is important that you follow these simple procedures:**
>
> 1\. Always file your supplemental materials immediately upon receipt.
>
> 2\. Before filing, always check the Supplement Filing Record (page
> G-8) to be sure that all prior supplements have been filed. If you are
> missing any supple­ments, contact the Veterans Benefits Administration
> at the address listed on page G-2.
>
> 3\. After filing, enter the relevant information on the Supplement
> Filing Record sheet (page G-8)---the date filed, name/initials of
> filer, and date through which the *Federal Register* is covered.
>
> 4\. If as a result of a failure to file, or an undelivered supplement,
> you have more than one supplement to file at a time, be certain to
> file them in chronological order, lower number first.
>
> 5\. Always retain the filing instructions (simply insert them at the
> back of the book) as a backup record of filing and for reference in
> case of a filing error.
>
> 6\. Be certain that you *permanently discard* any pages indicated for
> removal in the filing instructions in order to avoid confusion later.

To execute the filing instructions, simply remove *and throw away* the
pages listed under *Remove These Old Pages,* and replace them in each
case with the corres­pond­ing pages from this supplement listed under *Add
These New Pages*. Occasionally new pages will be added without removal
of any old material (reflecting new regulations), and occasionally old
pages will be removed with­out addition of any new material (reflecting
rescinded regulations)---in these cases the word *None* will appear in
the appropriate column.

> **FILING INSTRUCTIONS**

**Book G, Supplement No. 73**

**May 5, 2007**

*Remove these Add these Section(s)*

*[old pages]{.underline} [new pages]{.underline} [Affected]{.underline}*

**Do not file this supplement until you confirm that all prior
supplements have been filed**

G-15 to G-22 G-15 to G-22 Index to Book G

G-27 to G-28 G-15 to G-22 Index to Book G

G-35 to G-46 G-35 to G-46 Index to Book G

**21.1029-1 to 21.1032-3 21.1029-1 to [21.1033-3]{.underline}
§§21.1029--21.1033**

21.4001-1 to 21.4009-3 21.4001-1 to [21.4009-5]{.underline} §§21.4005,
and

**21.4008--21.4009**

**21.4131-1 to 21.4131-4 21.4131-1 to [21.4131-6]{.underline} §21.4131**

**21.4145-3 to 21.4200-9 21.4145-3 to 21.4200-9 §§21.4146, 21.4150--**

**21.4154, & 21.4200**

**21.4204-3 to 21.4216-2 21.4204-3 to 21.4216-2 §§21.4206, and**

**21.4209--21.4216**

**21.4233-4 to 21.4234-3 21.4233-4 to 21.4234-3 §21.4234**

**21.4250-1 to 21.4252-5 21.4250-1 to [21.4252-7]{.underline}
§§21.4250--21.4252**

**21.4258-1 to 21.4260-1 21.4258-1 to 21.4260-1 §§21.4258--21.4259**

**21.4266-2 to 21.4270-1 21.4266-2 to 21.4270-1 §§21.4266--21.4268**

**21.4270-6 to 21.4273-1 21.4270-6 to 21.4273-1 §21.4272**

21.5001-1 to 21.5001-2 21.5001-1 to 21.5001-2 Contents of Subpart G

(cont.)

*Remove these Add these Section(s)*

*[old pages]{.underline} [new pages]{.underline} [Affected]{.underline}*

21.5021-1 to 21.5021-6 21.5021-1 to [21.5021-8]{.underline} §21.5021

**21.5131-1 to 21.5134-1 21.5131-1 to 21.5134-1 §§21.5131 & 21.5133**

**21.5136-1 to 21.5139-1 21.5136-1 to 21.5139-1 §§21.5137--21.5138**

**21.5150-1 to 21.5250-2 21.5150-1 to 21.5250-2 §§21.5200, 21.5230, &**

**21.5250**

**21.5294-1 to 21.5296-1 21.5294-1 to 21.5296-1 §21.5294**

21.7000-1 to 21.7000-2 21.7000-1 to 21.7000-2 Contents of Subpart K

21.7020-1 to 21.7032-2 21.7020-1 to 21.7032-2 §§21.7020 & 21.7032

21.7050-6 to 21.7070-1 21.7050-6 to 21.7070-1 §21.7051

21.7074-1 to 21.7080-1 21.7074-1 to 21.7080-1 §§21.7075 & 21.7076

21.7110-1 to 21.7112-1 21.7110-1 to 21.7112-1 §21.7110

21.7122-1 to 21.7136-8 21.7122-1 to 21.7136-8 §§21.7122, 21.7124,

21.7131, & 21.7135--

21.7136

21.7140-1 to 21.7143-1 21.7140-1 to 21.7143-1 §§21.7140 & 21.7142

21.7150-1 to 21.7151-1 21.7150-1 to 21.7151-1 §21.7150

21.7152-1 to 21.7153-1 21.7152-1 to 21.7153-1 §21.7152

21.7220-1 to 21.7220-2 21.7220-1 to 21.7220-2 §21.7220

**Be sure to complete the**

***Supplement Filing Record* (page G-8)**

**when you have finished filing this material.**

> **HIGHLIGHTS**

**Book G, Supplement No. 73**

**May 5, 2007**

***Supplement* Highlights *references***: Where substantive changes are
made in the text of regulations, the paragraphs of *Highlights* sections
are cited at the end of the relevant section of text. Thus, if you are
reading §3.263, you will see a note at the end of that section which
reads: "Supplement *Highlights* references---6(2)." This means that
paragraph 2 of the *Highlights* section in Supplement No. 6 contains
information about the changes made in §3.263. By keeping and filing the
*Highlights* sections, you will have a reference source explaining all
substantive changes in the text of the regulations.

***Supplement frequency***: This Book G (*Rehabilitation and Education*)
was originally supplemented six times a year, in February, April, June,
August, October, and December. Beginning 1 August 1995, supplements will
be issued *every month* during which a final rule addition or
modification is made to the parts of Title 38 covered by this book.
Supplements will be numbered consecutively as issued.

**Modifications in this supplement include the following:**

1\. On 5 April 2007, the VA published a final rule, effective 7 May
2007, to amend regulations governing various aspects of the education
program VA administers, including provisions for the payment of
educational assistance under Survivors' and Dependents' Educational
Assistance, the Post-Vietnam Era Veterans' Educational Assistance
Program, and the Montgomery GI Bill--Active Duty for the cost of taking
tests for licensure or certification; provisions for the payment of MGIB
to individuals on active duty for the difference between the portion of
tuition and expenses covered by off-duty military tuition assistance
programs and the actual charges made by educational institutions;
provisions regarding VA's duty to assist claimants filing claims for
educational assistance under the education programs VA administers; and
nonsubstantive changes for the purpose of clarity, technical changes, or
restatements of statutory provisions. Changes:

> > Revised §§21.1029--21.1031; redesignated §21.1032 as §21.1033; and
> > added a new §21.1032;
>
> > Revised all or portions of §§21.4005, 21.4008--21.4009, 21.4131,
> > 21.4146, 21.4150--21.4154, 21.4200, 21.4206, 21.4209--21.4216,
> > 21.4234, 21.4250--21.4252, 21.4258--21.4259, 21.4266, 21.4268,
> > 21.4272, 21.5021, 21.5131, 21.5133, 21.5138, 21.5200, 21.5230,
> > 21.5250, 21.5294, 21.7020, 21.7032, 21.7051, 21.7076, 21.7110,
> > 21.7122, 21.7124, 21.7131, 21.7135, 21.7140, 21.7142, 21.7150,
> > 21.7152, and 21.7220; and

Added new §§21.4268, 21.5137, and 21.7075.

2\. On 18 April 2007, the VA published a correcting amendment, effective
that same date, to correct paragraph designations in §21.7136 by
redesignating paragraphs (d)(6)(v)--(vii) as paragraphs
(d)(6)(i)--(iii), respectively.

21.362 Satisfactory conduct and cooperation 21.362-1

21.364 Unsatisfactory conduct and cooperation 21.364-1

**Interregional and intraregional travel of veterans**

21.370 Intraregional travel at government expense 21.370-1

21.372 Interregional transfer at government expense 21.372-1

21.374 Authorization for travel of attendants 21.374-1

21.376 Travel expenses for initial evaluation and counseling 21.376-1

**Personnel training and development**

21.380 Establishment of qualifications for personnel

providing assistance under Chapter 31 21.380-1

21.382 Training and staff development for personnel

providing assistance under Chapter 31 21.382-1

**Rehabilitation research and special projects**

21.390 Rehabilitation research and special projects 21.390-1

**Veterans Advisory Committee on Rehabilitation**

21.400 Veterans' Advisory Committee on Rehabilitation 21.400-1

21.402 Responsibilities of the Veterans' Advisory Committee

on Rehabilitation 21.402-1

**Additional administrative consideration**

21.410 Delegation of authority 21.410-1

21.412 Finality of decisions 21.412-1

21.414 Revision of decision 21.414-1

**Informing the veteran**

21.420 Informing the veteran 21-420-1

21.422 Reduction in subsistence allowance following

loss of a dependent 21.422-1

**Accountability**

21.430 Accountability for authorization and payment of training

and rehabilitation services 21.430-1

**Subpart B---Claims and Applications for Educational Assistance**

**Claims**

21.1029 Definitions 21.1029-1

21.1030 Claims 21.1030-1

21.1031 VA responsibilities when a claim is filed 21.1031-1

21.1032 VA has a duty to assist claimants in obtaining evidence
21.1032-1

21.1033 Time limits 21.1033-1

**Subpart C---Survivors' and Dependents' Educational Assistance**

**Under 38 U.S.C. Chapter 35**

21.3001 Delegation of authority 21.3001-1

21.3002 Administration of Survivors' and Dependents'

Educational Assistance Program 21.3002-1

**General**

21.3020 Educational assistance 21.3020-1

21.3021 Definitions 21.3021-1

21.3022 Nonduplication---programs administered by VA 21.3022-1

21.3023 Nonduplication; pension, compensation, and

dependency and indemnity compensation 21.3023-1

21.3024 Nonduplication; Federal Employees' Compensation Act 21.3024-1

21.3025 Nonduplication; Federal programs 21.3025-1

**Claims**

21.3030 Claims 21.3030-1

**Eligibility and entitlement**

21.3040 Eligibility; child 21.3040-1

21.3041 Periods of eligibility; child 21.3041-1

21.3042 Service with Armed Forces 21.3042-1

21.3043 Suspension of program; child 21.3043-1

21.3044 Entitlement 21.3044-1

21 3045 Entitlement charges 21.3045-1

21.3046 Periods of eligibility; spouses and surviving spouses 21.3046-1

21.3047 Extended period of eligibility due to physical or mental
disability 21.3047-1

**Counseling**

21.3100 Counseling 21.3100-1

21.3102 Required counseling 21.3102-1

21.3103 Failure to cooperate 21.3103-1

21.3104 Special training 21.3104-1

21.3105 Travel expenses 21.3105-1

**Payments**

21.3130 Educational assistance 21.3130-1

21.3131 Rates---educational assistance allowance---38 U.S.C. chapter 35
21.3131-1

21.3132 Reductions in Survivors' and Dependents'

educational assistance 21.3132-1

21.3133 Payment procedures 21.3133-1

21.3135 Reduction or discontinuance dates for awards of

educational assistance allowance 21.3135-1

**Special restorative training**

21.3300 Special restorative training 21.3300-1

21.3301 Need 21.3301-1

21.3302 Agreements 21.3302-1

21.3303 Extent of training 21.3303-1

21.3304 Assistance during training 21.3304-1

21.3305 "Interrupted" status 21.3305-1

21.3306 Reentrance after interruption 21.3306-1

21.3307 "Discontinued" status 21.3307-1

**Payments; special restorative training**

21.3330 Payments 21.3330-1

21.3331 Commencing date 21.3331-1

21.3332 Discontinuance dates 21.3332-1

21.3333 Rates 21.3333-1

**Special assistance and training**

21.3344 Special assistance for the educationally disadvantaged 21.3330-1

**Subpart D---Administration of Educational Assistance Programs**

**Administrative**

21.4001 Delegations of authority 21.4001-1

21.4002 Finality of decisions 21.4002-1

21.4003 Revision of decisions 21.4003-1

21.4005 Conflicting interests 21.4005-1

21.4006 False or misleading statements 21.4006-1

21.4007 Forfeiture 21.4007-1

21.4008 Prevention of overpayments 21.4008-1

21.4009 Waiver or recovery of overpayments 21.4009-1

**General**

21.4020 Two or more programs 21.4020-1

21.4022 Nonduplication---programs administered by VA 21.4022-1

**Payments; educational assistance allowance**

21.4131 Commencing dates 21.4131-1

21.4135 Discontinuance dates 21.4135-1

21.4136 Withdrawals or nonpunitive grades may result in nonpayment
21.4136-1

21.4137 Rates; educational assistance allowance; 38 U.S.C. Chapter 35
21.4137-1

21.4138 Certifications and release of payments 21.4138-1

21.4145 Work-study allowance 21.4145-1

21.4146 Assignments of benefits prohibited 21.4146-1

**State approving agencies**

21.4150 Designation 21.4150-1

21.4151 Cooperation 21.4151-1

21.4152 Control by agencies of the United States 21.4152-1

21.4153 Reimbursement of expenses 21.4153-1

21.4154 Report of activities 21.4154-1

21.4155 Evaluations of State approving agency performance 21.4155-1

**Schools**

21.4200 Definitions 21.4200-1

21.4201 Restrictions on enrollment; percentage of students

receiving financial support 21.4201-1

21.4202 Overcharges; restrictions on enrollments 21.4202-1

21.4203 Reports---requirements 21.4203-1

21.4204 Periodic certifications 21.4204-1

21.4206 Reporting fee 21.4206-1

21.4209 Examination of records 21.4209-1

21.4210 Suspension, discontinuance, and denial of educational assistance

payments, and disapproval of enrollments or reenrollments for

pursuit of approved courses 21.4210-1

21.4211 Composition, jurisdiction, and duties of Committee on

Educational Allowances 21.4211-1

21.4212 Referral to Committee on Educational Allowances 21.4212-1

21.4213 Notice of hearing by Committee on Educational Allowances
21.4213-1

21.4214 Hearing rules and procedures for Committee on

Educational Allowances 21.4214-1

21.4215 Decision of Director of VA Regional Processing Office of
jurisdiction 21.4215-1

21.4216 Review of decision of Director of VA Regional Processing Office

of jurisdiction 21.4216-1

**Programs of education**

21.4231 Educational plan---38 U.S.C. Chapter 35---child 21.4231-1

21.4232 Specialized vocational training---38 U.S.C. Chapter 35 21.4232-1

21.4233 Combination 21.4233-1

21.4234 Change of program 21.4234-1

21.4235 Programs of education that include flight training 21.4235-1

21.4236 Tutorial assistance 21.4236-1

**Courses**

21.4250 Course and licensing and certification test approval;

jurisdiction and notices 21.4250-1

21.4251 Period of operation of course 21.4251-1

21.4252 Courses precluded; erroneous, deceptive, or misleading practices
21.4252-1

21.4253 Accredited courses 21.4253-1

21.4254 Nonaccredited courses 21.4254-1

21.4255 Refund policy; nonaccredited courses 21.4255-1

21.4256 Correspondence programs and courses 21.4256-1

21.4257 Cooperative courses 21.4257-1

21.4258 Notice of approval 21.4258-1

21.4259 Suspension or disapproval 21.4259-1

21.4260 Courses in foreign countries 21.4260-1

21.4261 Apprentice courses 21.4261-1

21.4262 Other training on-the-job courses 21.4262-1

21.4263 Approval of flight training courses 21.4263-1

21.4264 Farm cooperative courses 21.4264-1

21.4265 Practical training approved as institutional training

or on-job training 21.4265-1

21.4266 Courses offered at subsidiary branches or extensions 21.4266-1

21.4267 Approval of independent study 21.4267-1

21.4268 Approval of licensing and certification tests 21.4268-1

**Assessment and pursuit of courses**

21.4270 Measurement of courses 21.4270-1

21.4271 \[Reserved\]

21.4272 Collegiate course measurement 21.4272-1

21.4273 Collegiate graduate 21.4273-1

21.4274 Law courses 21.4274-1

21.4275 Practical training courses; measurement 21.4275-1

21.4277 Discontinuance: unsatisfactory progress, conduct and attendance
21.4277-1

21.4278 Reentrance after discontinuance 21.4278-1

21.4279 Combination correspondence-residence program 21.4279-1

21.4280 \[Reserved\]

**Subpart E---**\[Removed\]

**Subpart F---Education loans**

21.4500 Definitions 21.4500-1

21.4501 Eligibility 21.4501-1

21.4502 Applications 21.4502-1

21.4503 Determination of loan amount 21.4503-1

21.4504 Promissory note 21.4504-1

21.4505 Check delivery 21.4505-1

21.4507 Advertising 21.4507-1

**Subpart F-1---**\[Removed\]

**Subpart F-2 ---** \[Removed\]

**Subpart F-3 ---** \[Removed\]

**Subpart G---Post-Vietnam Era Veterans' Educational Assistance**

**Under 38 U.S.C. Chapter 32**

**Administrative**

21.5001 Administration of benefits: 38 U.S.C. Chapter 32 21.5001-1

**General**

21.5020 Post-Vietnam era veterans' educational assistance 21.5020-1

21.5021 Definitions 21.5021-1

21.5022 Eligibility under more than one program 21.5022-1

21.5023 Nonduplication; Federal programs 21.5023-1

**Claims and applications**

21.5030 Applications, claims, and time limits 21.5030-1

**Eligibility**

21.5040 Basic eligibility 21.5040-1

21.5041 Periods of entitlement 21.5041-1

21.5042 Extended period of eligibility 21.5042-1

**Participation**

21.5050 Application requirements for participation 21.5050-1

21.5052 Contribution requirements 21.5052-1

21.5053 Restoration of contributions (Persian Gulf War) 21.5053-1

21.5054 Dates of participation 21.5054-1

21.5058 Resumption of participation 21.5058-1

21.5060 Disenrollment 21.5060-1

21.5062 Date of disenrollment 21.5062-1

21.5064 Refund upon disenrollment 21.5064-1

21.5065 Refunds without disenrollment 21.5065-1

21.5066 Suspension of participation 21.5066-1

21.5067 Death of participant 21.5067-1

**Entitlement**

21.5070 Entitlement 21.5070-1

21.5071 Months of entitlement allowed 21.5071-1

21.5072 Entitlement charge 21.5072-1

21.5076 Entitlement charge---overpayment cases 21.5076-1

21.5078 Interruption to conserve entitlement 21.5078-1

**Counseling**

21.5100 Counseling 21.5100-1

21.5103 Travel expenses 21.5103-1

**Payments; educational assistance allowance**

21.5130 Payments; educational assistance allowance 21.5130-1

21.5131 Educational assistance allowance 21.5131-1

21.5132 Criteria used in determining benefit payments 21.5132-1

21.5133 Certifications and release of payments 21.5133-1

21.5134 Restrictions on paying benefits to servicepersons 21.5134-1

21.5135 Advance payments 21.5135-1

21.5136 Benefit payments---secondary school program 21.5136-1

21.5137 Benefit payments and charges against entitlement for taking an

approved licensing or certification test 21.5137-1

21.5138 Computation of benefit payments and monthly rates 21.5138-1

21.5139 Computation of benefit payments for incarcerated individuals
21.5139-1

21.5141 Tutorial assistance 21.5141-1

**State approving agencies**

21.5150 State approving agencies 21.5150-1

**Schools**

21.5200 Schools 21.5200-1

**Programs of education**

21.5230 Programs of education 21.5230-1

21.5231 Combination 21.5231-1

21.5232 Change of program 21.5232-1

**Courses**

21.5250 Courses 21.5250-1

**Assessment and pursuit of course**

21.5270 Assessment and pursuit of course 21.5270-1

**Educational assistance pilot program**

21.5290 Educational Assistance Pilot Program 21.5290-1

21.5292 Reduced monthly contribution for certain individuals 21.5292-1

21.5294 Transfer of entitlement 21.5294-1

21.5296 Extended period of eligibility 21.5296-1

**Subpart H---Educational Assistance Test Program**

21.5701 Establishment of educational assistance test program 21.5701-1

21.5703 Overview 21.5703-1

21.5705 Transfer of authority 21.5705-1

**General**

21.5720 Definitions 21.5720-1

21.5725 Obtaining benefits 21.5725-1

**Claims and Applications**

21.5730 Applications, claims and time limits 21.5730-1

**Eligibility and Entitlement**

21.5740 Eligibility 21.5740-1

21.5741 Eligibility under more than one program 21.5741-1

21.5742 Entitlement 21.5742-1

21.5743 Transfer of entitlement 21.5743-1

21.5744 Charges against entitlement 21.5744-1

21.5745 Period of entitlement 21.5745-1

**Claims and applications**

21.7030 Applications, claims and time limits 21.7030-1

21.7032 Time limits for making elections 21.7032-1

**Eligibility**

21.7040 Categories of basic eligibility 21.7040-1

21.7042 Basic eligibility requirements 21.7042-1

21.7044 Persons with eligibility under 38 U.S.C. chapter 34 21.7044-1

21.7045 Eligibility based on involuntary separation, voluntary

separation, or participation in the Post-Vietnam Era

Veterans' Educational Assistance Program 21.7045-1

21.7046 Eligibility for supplemental educational assistance 21.7046-1

21.7050 Ending dates of eligibility 21.7050-1

21.7051 Extended period of eligibility 21.7051-1

**Entitlement**

21.7070 Entitlement 21.7070-1

21.7072 Entitlement to basic educational assistance 21.7072-1

21.7073 Entitlement for some individuals who establish eligibility

during the open period or who establish eligibility

before involuntary separation 21.7073-1

21.7074 Entitlement to supplemental educational assistance 21.7074-1

21.7075 Entitlement to tuition assistance top-up 21.7075-1

21.7076 Entitlement charges 21.7076-1

21.7080 Transfer of entitlement 21.7080-1

**Counseling**

21.7100 Counseling 21.7100-1

21.7103 Travel expenses 21.7103-1

**Programs of education**

21.7110 Selection of a program of education 21.7110-1

21.7112 Programs of education combining two or more

types of courses 21.7112-1

21.7114 Change of program 21.7114-1

**Courses**

21.7120 Courses included in programs of education 21.7120-1

21.7122 Courses precluded 21.7122-1

21.7124 Overcharges 21.7124-1

**Payments---Educational assistance**

21.7130 Educational assistance 21.7130-1

21.7131 Commencing dates 21.7131-1

21.7133 Suspension or discontinuance of payments 21.7133-1

21.7135 Discontinuance dates 21.7135-1

21.7136 Rates of payment of basic educational assistance 21.7136-1

21.7137 Rates of payment of basic educational assistance for

individuals with remaining entitlement under

38 U.S.C. ch. 34 21.7137-1

21.7138 Rates of supplemental educational assistance 21.7138-1

21.7139 Conditions which result in reduced rates 21.7139-1

21.7140 Certifications and release of payments 21.7140-1

21.7141 Tutorial assistance 21.7141-1

21.7142 Accelerated payments, payment of tuition assistance top-up,

and licensing or certification test reimbursement 21.7142-1

21.7143 Nonduplication of educational assistance 21.7143-1

21.7144 Overpayments 21.7144-1

**Pursuit of courses**

21.7150 Pursuit 21.7150-1

21.7151 Advance payment and accelerated payment certifications 21.7151-1

21.7152 Certification of enrollment 21.7152-1

21.7153 Progress and conduct 21.7153-1

21.7154 Pursuit and absences 21.7154-1

21.7156 Other required reports 21.7156-1

21.7158 False, late or missing reports 21.7158-1

21.7159 Reporting fee 21.7159-1

**Course assessment**

21.7170 Course measurement 21.7170-1

21.7172 Measurement of concurrent enrollments 21.7172-1

**State approving agencies**

21.7200 State approving agencies 21.7200-1

**Approval of courses**

21.7220 Course approval 21.7220-1

21.7222 Courses and enrollments which may not be approved 21.7222-1

21.7280 Death benefit 21.7280-1

**Administrative**

21.7301 Delegations of authority 21.7301-1

21.7302 Finality of decisions 21.7302-1

Other incidental goods and services 21.156-1

Overview of employment services 21.250-1

Participation in a program of independent living services 21.162-1

Payment of subsistence allowance during leave and between

periods of instruction 21.270-1

Payment of subsistence allowance under special conditions 21.266-1

Payments of subsistence allowance 21.332-1

Preparation of the plan 21.92-1

Prevention of abuse 21.224-1

Procurement and reimbursement of cost for training and rehabilitation

services, supplies, or facilities 21.262-1

Pursuit of training under special conditions 21.314-1

Rate of pursuit of a rehabilitation program 21.310-1

Reader service 21.150-1

Reasonable feasibility of achieving a vocational goal 21.53-1

Redetermination of employment handicap and serious

employment handicap 21.58-1

Reduced work tolerance 21.312-1

Reduction in subsistence allowance following loss of a dependent
21.422-1

Reduction or termination dates of subsistence allowance 21.324-1

Reentrance into a rehabilitation program 21-284-1

"Rehabilitated" status 21.196-1

Rehabilitation research and special projects 21.390-1

Rehabilitation to the point of employability 21.72-1

"Rehabilitation to the point of employability" status 21.190-1

Release of, and repayment for, training and rehabilitation supplies
21.222-1

Repetition of the course 21.132-1

Replacement of supplies 21.220-1

Requirement for a rehabilitation plan 21.80-1

Resources for provision of treatment, care and services 21.242-1

Responsibilities of the Veterans' Advisory Committee on Rehabilitation
21.402-1

Review and appeal of decisions on eligibility and entitlement 21.59-1

Review of the plan 21.96-1

Revision of decision 21.414-1

Revolving fund loan 21.274-1

Satisfactory conduct and cooperation 21.362-1

School course 21.122-1

Selecting a farm 21.298-1

Selecting a training establishment for on-job training 21.296-1

Selecting the training or rehabilitation facility 21.294-1

Self-employment 21.257-1

Serious employment handicap 21.52-1

Services to a veteran's family 21.155-1

Severance of service-connection---reduction to noncompensable degree
21.48-1

Special assistance for veterans in self-employment 21.258-1

Special equipment 21.216-1

Special transportation assistance 21.154-1

Subsistence allowance 21.260-1

Supplies 21.210-1

Supplies consisting of clothing, magazines and periodicals, and items

which may be personally used by the veteran 21.219-1

Supportive services 21.254-1

Time limit 21.32-1

Training and rehabilitation for veterans with

service-connected disabilities 21.1-1

Training and rehabilitation resources 21.290-1

Training and staff development for personnel providing assistance

under Chapter 31 21.382-1

Travel expenses for initial evaluation and counseling 21.376-1

Tutorial assistance 21.148-1

Two veteran cases---dependents 21.328-1

Unauthorized absences 21.350-1

Unsatisfactory conduct and cooperation 21.364-1

Use of Government facilities for on-job training or work experience

at no or nominal pay 21.299-1

Veteran-student services 21.272-1

Veterans' Advisory Committee on Rehabilitation 21.400-1

Vocational course in sheltered workshop or rehabilitation facility
21.144-1

Vocational Rehabilitation Panel 21.60-1

Vocational rehabilitation 21.70-1

# Subpart B---Claims and Applications for Educational Assistance

Claims 21.1030-1

Definitions 21.1029-1

Time limits 21.1033-1

VA has a duty to assist claimants in obtaining evidence 21.1032-1

VA responsibilities when a claim is filed 21.1031-1

**Subpart C---Survivors' and Dependents' Educational Assistance**

**Under 38 U.S.C. Chapter 35**

Administration of Survivors' and Dependents' educational

assistance program 21.3002-1

Agreements 21.3302-1

Assistance during training 21.3304-1

Claims 21.3030-1

Commencing date 21.3331-1

Counseling 21.3100-1

Definitions 21.3021-1

Delegation of authority 21.3001-1

Discontinuance dates 21.3332-1

"Discontinued" status 21.3307-1

Educational assistance 21.3020-1, 21.3130-1

Eligibility; child 21.3040-1

Entitlement 21.3044-1

Entitlement charges 21.3045-1

Extended period of eligibility due to physical or mental disability
21.3047-1

Extent of training 21.3303-1

Failure to cooperate 21.3103-1

"Interrupted" status 21.3305-1

Need 21.3301-1

Nonduplication; Federal Employees' Compensation Act 21.3024-1

Nonduplication; Federal programs 21.3025-1

Nonduplication; pension, compensation, and dependency

and indemnity compensation 21.3023-1

Nonduplication---programs administered by VA 21.3022-1

Payment procedures 21.3133-1

Payments 21.3330-1

Periods of eligibility; child 21.3041-1

Periods of eligibility; spouses and surviving spouses 21.3046-1

Rates 21.3333-1

Rates--educational assistance allowance--38 U.S.C. chapter 35 21.3131-1

Reduction or discontinuance dates for awards of educational

assistance allowance 21.3135-1

Reductions in Survivors' and Dependents' educational assistance
21.3132-1

Reentrance after interruption 21.3306-1

Required counseling 21.3102-1

Service with Armed Forces 21.3042-1

Special assistance for the educationally disadvantaged 21.3344-1

Special restorative training 21.3300-1

Special training 21.3104-1

Suspension of program; child 21.3043-1

Travel expenses 21.3105-1

Work-study allowance 21.3145-1

**Subpart D---Administration of Educational Assistance Programs**

Accredited courses 21.4253-1

Apprentice courses 21.4261-1

Approval of licensing and certification tests 21.4268-1

Assignments of benefits prohibited 21.4146-1

Central Office Education and Training Review Panel 21.4208-1

Certifications and release of payments 21.4138-1

Change of program 21.4234-1

Collegiate course measurement 21.4272-1

Collegiate graduate 21.4273-1

Combination 21.4233-1

Combination correspondence-residence program 21.4279-1

Commencing dates 21.4131-1

Composition, jurisdiction, and duties of Committee on Educational
Allowances 21.4211-1

Conflicting interests 21.4005-1

Control by agencies of the United States 21.4152-1

Cooperation 21.4151-1

Cooperative courses 21.4257-1

Correspondence programs and courses 21.4256-1

Course and licensing and certification test approval; jurisdiction and
notices 21.4250-1

Courses in foreign countries 21.4260-1

Courses offered at subsidiary branches or extensions 21.4266-1

Courses precluded; erroneous, deceptive, or misleading practices
21.4252-1

Decision of Director of VA Regional Processing Office of jurisdiction
21.4215-1

Definitions 21.4200-1

Delegations of authority 21.4001-1

Designation 21.4150-1

Discontinuance dates 21.4135-1

Discontinuance: unsatisfactory progress, conduct and attendance
21.4277-1

Educational plan---38 U.S.C. Chapter 35---child 21.4231-1

Evaluations of State approving agency performance 21.4155-1

Examination of records 21.4209-1

Failure of school to meet requirements 21.4207-1

False or misleading statements 21.4006-1

Farm cooperative courses 21.4264-1

Finality of decisions 21.4002-1

Flight training---38 U.S.C. ch. 30 and 10 U.S.C. ch 1606 21.4263-1

Forfeiture 21.4007-1

Independent study, approval of 21.4267-1

Law courses 21.4274-1

Measurement of courses 21.4270-1

Minimum period of operation requirement for educational institutions
21.4251-1

Nonaccredited courses 21.4254-1

Nonduplication---programs administered by VA 21.4022-1

Notice of approval 21.4258-1

Notification of suspension or discontinuance 21.4133-1

Other training on-the-job courses 21.4262-1

Overcharges; restrictions on enrollments 21.4202-1

Periodic certifications 21.4204-1

Practical training approved as institutional training or on-job training
21.4265-1

Practical training courses; measurement 21.4275-1

Prevention of overpayments 21.4008-1

Reentrance after discontinuance 21.4278-1

Refund policy; nonaccredited courses 21.4255-1

Reimbursement of expenses 21.4153-1

Report of activities 21.4154-1

Reporting fee 21.4206-1

Reports---requirements 21.4203-1

Requirement---38 U.S.C. Chapter 35 21.4102-1

Restrictions on enrollment; percentage of students receiving

financial support 21.4201-1

Review of decision of Director of VA Regional Processing Office of
jurisdiction 21.4216-1

Revision of decisions 21.4003-1

Special training---38 U.S.C. Chapter 35 21.4105-1

Specialized vocational training---38 U.S.C. Chapter 35 21.4232-1

Suspension and discontinuance 21.4134-1

Suspension, discontinuance, and denial of educational assistance
payments, and

disapproval of enrollments or reenrollments for pursuit of approved
courses 21.4210-1

Suspension or disapproval 21.4259-1

Travel expenses 21.4104-1

Tutorial assistance 21.4236-1

Two or more programs 21.4020-1

Waiver or recovery of overpayments 21.4009-1

Withdrawals or nonpunitive grades may result in nonpayment 21.4136-1

Work-study allowance 21.4145-1

**Subpart E---**\[Removed\]

**Subpart F---Education loans**

Advertising 21.4507-1

Applications 21.4502-1

Check delivery 21.4505-1

Definitions 21.4500-1

Determination of loan amount 21.4503-1

Eligibility 21.4501-1

Promissory note 21.4504-1

**Subpart F-1---**\[Removed\]

**Subpart F-2 ---** \[Removed\]

**Subpart F-3 ---** \[Removed\]

**Subpart G---Post-Vietnam Era Veterans' Educational Assistance**

**Under 38 U.S.C. Chapter 32**

Administration of benefits: 38 U.S.C. Chapter 32 21.5001-1

Advance payments 21.5135-1

Application requirements for participation 21.5050-1

Applications, claims, and time limits 21.5030-1

Assessment and pursuit of course 21.5270-1

Basic eligibility 21.5040-1

Benefit payments and charges against entitlement for taking an approved

licensing or certification test 21.5137-1

Benefit payments---secondary school program 21.5136-1

Certifications and release of payments 21.5133-1

Change of program 21.5232-1

Civil rights 21.5300-1

Combination 21.5231-1

Computation of benefit payments and monthly rates 21.5138-1

Computation of benefit payments for incarcerated individuals\` 21.5139-1

Contribution requirements 21.5052-1

Counseling 21.5100-1

Courses 21.5250-1

Criteria used in determining benefit payments 21.5132-1

Date of disenrollment 21.5062-1

Dates of participation 21.5054-1

Death of participant 21.5067-1

Definitions 21.5021-1

Disenrollment 21.5060-1

Educational Assistance Pilot Program 21.5290-1

Educational assistance allowance 21.5131-1

Eligibility under more than one program 21.5022-1

Entitlement 21.5070-1

Entitlement charge 21.5072-1

Entitlement charge---overpayment cases 21.5076-1

Excessive absences 21.5074-1

Extended period of eligibility 21.5042-1

Extended period of eligibility 21.5296-1

Interruption to conserve entitlement 21.5078-1

Months of entitlement allowed 21.5071-1

Nonduplication; Federal programs 21.5023-1

Payments; educational assistance allowance 21.5130-1

Periods of entitlement 21.5041-1

Post-Vietnam era veterans' educational assistance 21.5020-1

Programs of education 21.5230-1

Reduced monthly contribution for certain individuals 21.5292-1

Refund upon disenrollment 21.5064-1

Refunds without disenrollment 21.5065-1

Restoration of contributions (Persian Gulf War) 21.5053-1

Restrictions on paying benefits to servicepersons 21.5134-1

Resumption of participation 21.5058-1

Schools 21.5200-1

State approving agencies 21.5150-1

Suspension of participation 21.5066-1

Transfer of entitlement 21.5294-1

Travel expenses 21.5103-1

Tutorial assistance 21.5141-1

Work-study program 21.5145-1

**Subpart H---Educational Assistance Test Program**

Administration of benefits program---Chapter 107, Title 10,

United States Code 21.5900-1

Applications, claims and time limits 21.5730-1

Certifications of enrollment 21.5810-1

Charges against entitlement 21.5744-1

Commencing date of subsistence allowance 21.5831-1

Courses 21.5800-1

Definitions 21.5720-1

Delegations of authority 21.5901-1

Discontinuance dates: General 21.5834-1

Educational assistance 21.5820-1

Eligibility 21.5740-1

Eligibility under more than one program 21.5741-1

Entitlement 21.5742-1

Establishment of educational assistance test program 21.5701-1

False or fraudulent claims 21.5816-1

False or misleading statements 21.5828-1

Measurement of courses 21.5870-1

Nonduplication: Federal programs 21.5824-1

Obtaining benefits 21.5725-1

Overpayments 21.5838-1

Overview 21.5703-1

Payment of educational assistance 21.5830-1

Period of entitlement 21.5745-1

Reports of withdrawals and terminations of attendance

and changes in training time 21.5812-1

Specific discontinuance dates 21.5835-1

Subsistence allowance 21.5822-1

Transfer of authority 21.5705-1

Transfer of entitlement 21.5743-1

**Subpart I---Temporary Program of Vocational Training**

**for Certain New Pension Recipients**

Additional applicable chapter 31 regulations 21.6380-1

Applicability of rules and administrative procedures under

38 U.S.C. chapter 31 21.6010-1

Authorization of services under chapter 31 rules 21.6310-1

Authorization of transportation services 21.6370-1

Basic duration of a vocational training program 21.6070-1

Case status system 21.6180-1

Claims and elections 21.6015-1

Completing the plan 21.6082-1

Computing the period of vocational training program participation
21.6074-1

Consequences of evaluation 21.6058-1

Cooperation of the veteran in an evaluation 21.6056-1

Coordination with the Veterans Service Center 21.6420-1

Counseling 21.6100-1

Criteria for determining good employment potential 21.6054-1

Definitions 21.6005-1

Delegation of authority 21.6410-1

Educational and vocational training services 21.6120-1

Effective dates of induction into and termination of vocational training
21.6282-1

Eligibility for vocational training and employment assistance 21.6040-1

Entry, reentry and completion 21.6042-1

Evaluation and improvement of rehabilitation potential 21.6140-1

Evaluations 21.6052-1

Extending the duration of a vocational training program 21.6072-1

Financial assistance 21.6260-1

Independent living services 21.6060-1

Leaves of absence 21.6340-1

Limitations on the number of evaluations 21.6059-1

Medical treatment, care and services 21.6240-1

Nonduplication---38 U.S.C., chapters 30, 31, 32, 34 and 35 21.6021-1

Participation of eligible veterans in an evaluation 21.6050-1

Rate of pursuit 21.6310-1

Reentrance into a training program 21.6284-1

Requirement for an individualized written rehabilitation

or employment assistance plan 21.6080-1

Resources for provision of medical treatment, care and services
21.6242-1

Satisfactory conduct and cooperation 21.6362-1

Services and assistance 21.6060-1

Supplies 21.6210-1

Temporary vocational training program for certain pension recipients
21.6001-1

Training resources 21.6290-1

**Subpart J---Temporary Program of Vocational Training and
Rehabilitation**

Definitions 21.6503-1

Eligibility of qualified veterans for employment and counseling services
21.6519-1

Employment of qualified veterans 21.6521-1

Entry and reentry into a program of counseling and employment

services under 38 U.S.C. 1504(a)(2) and (5) 21.6523-1

Formulation of rehabilitation plan 21.6515-1

Notice to qualified veterans 21.6509-1

Overview 21.6501-1

Participation in the temporary program 21.6505-1

Special benefits for qualified veterans under test program 21.6507-1

**Subpart K---All Volunteer Force Educational Assistance Program (New GI
Bill)**

Accelerated payments, payment of tuition assistance top-up, and

licensing or certification test reimbursement 21.7142-1

Advance payment and accelerated payment certifications 21.7151-1

Applications, claims and time limits 21.7030-1

Basic eligibility requirements 21.7042-1

Categories of basic eligibility 21.7040-1

Certification of enrollment 21.7152-1

Certifications and release of payments 21.7140-1

Change of program 21.7114-1

Civil rights 21.7310-1

Commencing dates 21.7131-1

Conditions which result in reduced rates or no payment 21.7139-1

Conflicting interests 21.7305-1

Counseling 21.7100-1

Course approval 21.7220-1

Course measurement 21.7170-1

Courses and enrollments which may not be approved 21.7222-1

Courses included in programs of education 21.7120-1

Courses precluded 21.7122-1

Death benefit 21.7280-1

Definitions 21.7020-1

Delegations of authority 21.7301-1

Discontinuance dates 21.7135-1

Educational assistance 21.7130-1

Eligibility based on involuntary separation, voluntary separation, or

participation in the Post-Vietnam Era Veterans' Educational

Assistance Program 21.7045-1

Eligibility for supplemental educational assistance 21.7046-1

Ending dates of eligibility 21.7050-1

Entitlement 21.7070-1

Entitlement charges 21.7076-1

Entitlement for some individuals who establish eligibility during the

open period or who establish eligibility before involuntary separation
21.7073-1

Entitlement to basic educational assistance 21.7072-1

Entitlement to supplemental educational assistance 21.7074-1

Entitlement to tuition assistance top-up 21.7075-1

Establishment of educational assistance program 21.7000-1

Examination of records 21.7307-1

Extended period of eligibility 21.7051-1

False, late or missing reports 21.7158-1

Finality of decisions 21.7302-1

Measurement of concurrent enrollments 21.7172-1

Nonduplication of educational assistance 21.7143-1

Other required reports 21.7156-1

Overcharges 21.7124-1

Overpayments 21.7144-1

Persons with eligibility under 38 U.S.C. chapter 34 21.7044-1

Procedural protection; reduction following loss of dependent 21.7320-1

Programs of education combining two or more types of courses 21.7112-1

Progress and conduct 21.7153-1

Pursuit 21.7150-1

Pursuit and absences 21.7154-1

Rates of payment of basic educational assistance 21.7136-1

Rates of payment of basic educational assistance for individuals

with remaining entitlement under 38 U.S.C. ch. 34 21.7137-1

Rates of supplemental educational assistance 21.7138-1

Reporting fee 21.7159-1

Revision of decisions 21.7303-1

Selection of a program of education 21.7110-1

State approving agencies 21.7200-1

Suspension or discontinuance of payments 21.7133-1

Time limits for making elections 21.7032-1

Travel expenses 21.7103-1

Transfer of entitlement 21.7080-1

Tutorial assistance 21.7141-1

**Subpart L---Educational Assistance for Members of the Selected
Reserve**

Applications, claims and time limits 21.7530-1

Certifications of enrollment and verification of pursuit 21.7652-1

Changes of program 21.7614-1

Commencing dates 21.7631-1

Conditions which result in reduced rates or no payment 21.7639-1

Conflicting interests 21.7805-1

Counseling 21.7600-1

Course approval 21.7720-1

Courses and enrollments which may not be approved 21.7722-1

Courses included in programs of education 21.7620-1

Courses precluded 21.7622-1

Definitions 21.7520-1

Delegation of authority 21.7801-1

Discontinuance dates 21.7635-1

Educational assistance 21.7630-1

Eligibility for educational assistance 21.7540-1

Ending dates of eligibility 21.7550-1

Entitlement 21.7570-1

Entitlement charges 21.7576-1

Establishment and purpose of educational assistance program 21.7500-1

Examination of records 21.7807-1

Extended period of eligibility 21.7551-1

False, late or missing reports 21.7658-1

Finality of decisions 21.7802-1

Measurement of concurrent enrollment 21.7673-1

Measurement of courses leading to a standard,

undergraduate college degree 21.7670-1

Measurement of courses not leading to a standard college degree
21.7672-1

Measurement of practical training courses 21.7674-1

Nonduplication of educational assistance 21.7642-1

Other required reports from institutions of higher learning 21.7656-1

Overcharges and restrictions on enrollment 21.7624-1

Overpayments 21.7644-1

Programs of education combining two or more types of courses 21.7612-1

Progress, conduct, and attendance 21.7653-1

Pursuit 21.7650-1

Pursuit and absences 21.7654-1

Rates of payment 21.7636-1

Release of payments 21.7640-1

Reporting fee 21.7659-1

Revision of decisions 21.7803-1

Selection of a program of education 21.7610-1

State approving agencies 21.7700-1

Suspension or discontinuance of payments 21.7633-1

Travel expenses 21.7603-1

**Subpart MVocational Training and Rehabilitation for Certain Children
of Vietnam VeteransSpina Bifida and Covered Birth Defects**

Additional applicable regulations 21.8380-1

Additional vocational training 21.8284-1

Application 21.8014-1

Authorization of services 21.8320-1

Authorization of transportation services 21.8370-1

Authorizing training, services, and assistance beyond the initial

individualized written plan of vocational rehabilitation 21.8072-1

Basic duration of a vocational training program 21.8070-1

Computing the period for vocational training program participation
21.8074-1

Counseling 21.8100-1

Definitions and abbreviations 21.8010-1

Delegation of authority 21.8410-1

Effective date of induction into a vocational training program 21.8280-1

Entitlement to vocational training and employment assistance 21.8020-1

Entry and reentry 21.8022-1

Evaluation and improvement of vocational potential 21.8140-1

Evaluations 21.8032-1

Inability of child to complete individualized written plan of

vocational rehabilitation or achieve vocational goal 21.8082-1

Leaves of absence 21.8340-1

Nonduplication of benefits .21.8016-1

Rate of pursuit 21.8310-1

Requirement for an individualized written plan of vocational
rehabilitation 21.8080-1

Requirement for evaluation of child 21.8030-1

Satisfactory conduct and cooperation 21.8360-1

Scope of training, services, and assistance 21.8050-1

Supplies 21.8210-1

Termination of a vocational training program 21.8282-1

Training resources 21.8286-1

Training, Services, and Assistance Costs. 21.8260-1

Vocational training program for certain children of Vietnam veterans

spina bifida and covered birth defects 21.8012-1

Vocational training, services, and assistance 21.8120-1

**Subpart B---Claims and Applications for Educational Assistance**

Authority: 38 U.S.C. 501(a), ch. 51, and as noted in specific sections.

**Editorial Note:** The regulations formerly appearing under this
subpart were revoked at 30 FR 14103, Nov. 9, 1965. That order provided
in part, "these regulations remain in force insofar as they are
pertinent to any problems, appeals, litigation, or determinations of
liability of educational institutions or training establishments for
overpayments under 38 U.S.C. 3266."

**Claims**

21.1029 Definitions 21.1029-1

21.1030 Claims 21.1030-1

21.1031 VA responsibilities when a claim is filed 21.1031-1

21.1032 VA has a duty to assist claimants in obtaining evidence
21.1032-1

21.1033 Time limits 21.1033-1

**Claims**

**§21.1029 Definitions.**

The following definitions of terms apply to this subpart and subparts C,
D, F, G, H, K, and L, to the extent that the terms are not otherwise
defined in those subparts:

\(a\) *Abandoned claim*. A claim is an abandoned claim if:

\(1\) In connection with a formal claim VA requests that the claimant
furnish additional evidence, and the claimant:

> \(i\) Does not furnish that evidence within one year of the date of
> the request; and
>
> \(ii\) Does not show good cause why the evidence could not have been
> submitted within one year of the date of the request; or

\(2\) In connection with an informal claim, VA requests a formal claim,
and:

> \(i\) VA does not receive the formal claim within one year of the date
> of request; and

\(ii\) The claimant does not show good cause why he or she could not
have filed the formal claim in sufficient time for VA to have received
it within one year of the date of the request. (Authority: 38 U.S.C.
5103(a))

\(b\) *Date of claim*. The date of claim is the date on which a valid
claim or application for educational assistance is considered to have
been filed with VA, for purposes of determining the commencing date of
an award of that educational assistance.

\(1\) If an informal claim is filed and VA receives a formal claim
within one year of the date VA requested it, or within such other period
of time as provided by §21.1033, the date of claim, subject to the
provisions of paragraph (b)(3) of this section, is the date VA received
the informal claim.

\(2\) If a formal claim is filed other than as described in paragraph
(b)(1) of this section, the date of claim, subject to the provisions of
paragraph (b)(3) of this section, is the date VA received the formal
claim.

\(3\) If a formal claim itself is abandoned and a new formal or informal
claim is filed, the date of claim is as provided in paragraph (b)(1) or
(b)(2) of this section, as appropriate. (Authority: 38 U.S.C. 5103)

\(c\) *Educational institution*. The term *educational institution*
means:

> \(1\) A vocational school or business school;
>
> \(2\) A junior college, teachers' college, college, normal school,
> professional school, university, or scientific or technical
> institution;
>
> \(3\) A public or private elementary school or secondary school;
>
> \(4\) Any entity, other than an institution of higher learning, that
> provides training for completion of a State-approved alternative
> teacher certification program;
>
> \(5\) An organization or entity offering a licensing or certification
> test; or
>
> \(6\) Any private entity that offers, either directly or indirectly
> under an agreement with another entity, a course or courses to fulfill
> requirements for the attainment of a license or certificate generally
> recognized as necessary to obtain, maintain, or advance in employment
> in a profession or vocation in a high technology occupation.
> (Authority: 38 U.S.C. 3452, 3501(a)(6), 3689(d))

\(d\) *Formal claim*. A claim is a formal claim when the claimant (or
his or her authorized representative) files the claim with VA, and:

\(1\) The claim is a claim for:

> \(i\) Educational assistance;
>
> \(ii\) An increase in educational assistance; or
>
> \(iii\) An extension of the eligibility period for receiving
> educational assistance; and

\(2\) If there is a form (either paper or electronic) prescribed under
this part, the claim is filed on that form. (Authority: 38 U.S.C.
5101(a))

\(e\) *Informal claim*.

\(1\) If a form (either paper or electronic) has been prescribed under
this part to use in claiming the benefit sought, the term informal claim
means:

\(i\) Any communication from an individual, or from an authorized
representative or a Member of Congress on that individual's behalf that
indicates a desire on the part of the individual to claim or to apply
for VA-administered educational assistance; or

\(ii\) A claim from an individual or from an authorized representative
on that individual's behalf for a benefit described in paragraph
(d)(1)(i) of this section that is filed in a document other than in the
prescribed form.

\(2\) If a form (either paper or electronic) has not been prescribed to
use in claiming the benefit sought, the term informal claim means any
communication, other than a formal claim, from an individual, or from an
authorized representative or a Member of Congress on that individual's
behalf that indicates a desire on the part of the individual to claim or
to apply for VA-administered educational assistance.

\(3\) When VA requests evidence in connection with a claim, and the
claimant submits that evidence to VA after having abandoned the claim,
the claimant's submission of the evidence is an informal claim.

\(4\) The act of enrolling in an approved educational institution or
training establishment is not an informal claim.

\(5\) VA will not consider a communication received from a service
organization, an attorney, or agent to be an informal claim if a valid
power of attorney, executed by the claimant, is not in effect at the
time the communication is written. (Authority: 10 U.S.C. 16136(b); 38
U.S.C. 3034(a), 3241(a), 3471, 3513, 5101(a), 5102, 5901)

\(f\) *Information*. The term *information* means nonevidentiary facts,
such as the claimant's Social Security number or address, or the name of
the educational institution the claimant is attending. (Authority: 38
U.S.C. 5101, 5102, 5103)

\(g\) *Substantially complete application*.

\(1\) The term *substantially complete application* means, for an
individual's first application for educational assistance administered
by VA, an application containing:

> \(i\) The claimant's name;
>
> \(ii\) His or her relationship to the veteran, if applicable;
>
> \(iii\) Sufficient information for VA to verify the claimed service,
> if applicable;
>
> \(iv\) The benefit claimed;
>
> \(v\) The program of education, if applicable; and
>
> \(vi\) The name of the educational institution or training
> establishment the claimant intends to attend, if applicable.

\(2\) For subsequent applications for educational assistance
administered by VA, *a substantially complete application* means an
application containing the information specified in paragraphs (g)(1)(i)
through (g)(1)(vi) of this section, except that the application may omit
any information specified in paragraphs (g)(1)(ii) or (g)(1)(iii) of
this section that is already of record with VA. (Authority: 38 U.S.C.
5102, 5103, 5103A)

\(h\) *Training establishment*. The term *training establishment* means
any establishment providing apprentice or other training on-the-job,
including those under the supervision of a college, university, any
State department of education, any State apprenticeship agency, any
State board of vocational education, any joint apprenticeship committee,
the Bureau of Apprenticeship and Training established in accordance with
29 U.S.C. chapter 4C, or any agency of the Federal government authorized
to supervise such training. (Authority: 38 U.S.C. 3452(e), 3501(a)(9))

\(i\) *VA*. The term VA means the United States Department of Veterans
Affairs. (Authority: 38 U.S.C. 301)

\[64 FR 23770, May 4, 1999, as amended at 72 FR 16964, Apr. 5, 2007\]

**Supplement *Highlights* reference**: 42(1), 73(1).

**§21.1030 Claims.**

\(a\) *Claim for educational assistance*.

\(1\) The first time an individual claims educational assistance
administered by VA for pursuit of a program of education, he or she must
file an application for educational assistance using a form the
Secretary prescribes for that purpose.

\(2\) If an individual changes his or her program of education or place
of training after filing his or her first application for educational
assistance, he or she must file an application requesting the change of
program or place of training using a form the Secretary prescribes for
that purpose.

\(3\) A servicemember must consult with his or her education service
officer before filing an application for educational assistance, whether
it is the first application or an application to request a change of
program or place of training. (Authority: 10 U.S.C. 16136(b); 38 U.S.C.
501, 3034(a), 3241(a), 3471, 3513, 5101(a))

\(b\) *Filing a claim for educational assistance to pay for a licensing
or certification test*. To receive educational assistance to pay for a
licensing or certification test, an individual must file a claim for
educational assistance.

\(1\) If the claim is the first claim for educational assistance
administered by VA, the individual must file an application for
educational assistance using a form the Secretary prescribes for that
purpose and must include the information described in paragraphs
(b)(2)(i) through (b)(2)(vi) of this section.

\(2\) If the claim is the second or subsequent claim for educational
assistance, the claim must include:

> \(i\) The name of the test;
>
> \(ii\) The name and address of the organization or entity issuing the
> license or certificate;
>
> \(iii\) The date the claimant took the test;
>
> \(iv\) The cost of the test;
>
> \(v\) A statement authorizing release of the claimant's test
> information to VA, such as: "I authorize release of my test
> information to VA"; and
>
> \(vi\) Such other information as the Secretary may require.
> (Authority: 38 U.S.C. 501, 3034(a), 3241(a), 3471, 3513, 5101(a))

\(c\) *Filing a claim for educational assistance to supplement tuition
assistance provided under a program administered by the Secretary of a
military department*. To receive tuition assistance top-up as defined in
§21.4200(hh), an individual must file a claim for educational
assistance.

\(1\) If the claim is the first claim for educational assistance
administered by VA, the individual must file an application for
educational assistance using a form the Secretary prescribes for that
purpose.

\(2\) If the claim is the second or subsequent claim for educational
assistance, the claimant may submit a statement that he or she wishes to
receive tuition assistance top-up.

\(3\) The claimant must also submit a copy of the form(s) that the
military service with jurisdiction requires for tuition assistance and
that had been presented to the educational institution, covering the
course or courses for which the claimant wants tuition assistance
top-up. Examples of these forms include:

> \(i\) DA Form 2171, Request for Tuition Assistance-Army Continuing
> Education System;
>
> \(ii\) AF Form 1227, Authority for Tuition Assistance-Education
> Services Program;
>
> \(iii\) NAVMC 10883, Application for Tuition Assistance, and either
> NAVEDTRA 1560/5, Tuition Assistance Authorization or NAVMC (page 2),
> Tuition Assistance Authorization;
>
> \(iv\) Department of Homeland Security, USCG CG-4147, Application for
> Off-Duty Assistance; and
>
> \(v\) Request for Top-Up: eArmyU Program.

\(4\) The claimant must also provide to VA the following information, to
the extent it is not contained on any form filed under paragraph (c)(1)
or (c)(3) of this section:

> \(i\) His or her name;
>
> \(ii\) His or her Social Security number;
>
> \(iii\) The name of the educational institution;
>
> \(iv\) The name of the course or courses for which the claimant wants
> educational assistance;
>
> \(v\) The number of the course or courses;
>
> \(vi\) The number of credit hours for each course;
>
> \(vii\) The beginning and ending date of each course;
>
> \(viii\) The cost of the course or courses; and
>
> \(ix\) If the claimant doesn't want to receive the full amount of that
> cost not met by the Secretary of the military department concerned,
> the portion that the claimant wishes to receive.

\(5\) If the claimant's military department uses an electronic tuition
assistance application process with electronic signatures, VA will
accept an electronic transmission of the approved tuition assistance
application directly from the military department concerned on behalf of
the claimant if:

> \(i\) The electronic tuition assistance application indicates the
> servicemember's intent to claim tuition-assistance top-up; and
>
> \(ii\) The information described in paragraph (c)(4) of this section
> is included in the electronic application. (Authority: 38 U.S.C. 501,
> 3034(a), 3241(a), 3471, 3513, 5101(a))

(The Office of Management and Budget has approved the information
collection provisions in this section under control numbers 2900-0074,
2900-0098, 2900-0099, 2900-0154, 2900-0695, and 2900-0698.)

\[48 FR 37971, Aug. 22, 1983, as amended at 64 FR 23771, May 4, 1999; 72
FR 16964, Apr. 5, 2007\]

**Supplement *Highlights* references**: 42(1), 73(1).

**§21.1031 VA responsibilities when a claim is filed.**

\(a\) *VA will furnish forms*. VA will furnish all necessary VA claim
forms and instructions, and, if appropriate, a description of any
supporting evidence required upon receipt of an informal claim.
(Authority: 38 U.S.C. 5102)

\(b\) *VA has a duty to notify claimants of necessary information or
evidence*.

\(1\) Except when a claim cannot be substantiated because there is no
legal basis for the claim, or undisputed facts render the claimant
ineligible for the claimed benefit, when VA receives a complete or
substantially complete application for educational assistance provided
under subpart C, D, G, H, K, or L of this part VA will:

\(i\) Notify the claimant of any information and evidence that is
necessary to substantiate the claim; and

\(ii\) Inform the claimant which information and evidence, if any, the
claimant is to provide to VA and which information and evidence, if any,
VA will try to obtain for the claimant.

\(2\) The information and evidence that VA, pursuant to paragraph (b)(1)
of this section informs the claimant that the claimant must provide,
must be provided within one year from the date of the notice. If VA does
not receive such information and evidence from the claimant within that
time period, VA may adjudicate the claim based on the information and
evidence in the file.

\(3\) If the claimant has not responded to the request within 30 days,
VA may decide the claim before the expiration of the one-year period
prescribed in paragraph (b)(2) of this section, based on all the
information and evidence in the file, including information and evidence
it has obtained on behalf of the claimant. If VA does so, however, and
the claimant subsequently provides the information and evidence within
one year of the date of the request, VA must readjudicate the claim. If
VA's decision on a readjudication is favorable to the claimant, the
award shall take effect as if the prior decision by VA on the claim had
not been made.

\(4\) If VA receives an incomplete application for benefits, it will
notify the claimant of the information necessary to complete the
application and will defer assistance until the claimant submits this
information. If the information necessary to complete the application is
not received by VA within one year from the date of such notice, VA
cannot pay or provide any benefits based on that application.

\(5\) For the purpose of this paragraph, if VA must notify the claimant,
VA will provide notice to:

> \(i\) The claimant;
>
> \(ii\) His or her fiduciary, if any; and
>
> \(iii\) His or her representative, if any. (Authority: 38 U.S.C. 5102,
> 5103, 5103A(a)(3))

\[31 FR 6771, May 6, 1966, as amended at 48 FR 37971, Aug. 22, 1983; 64
FR 23771, May 4, 1999; 72 FR 16965, Apr. 5, 2007\]

**Supplement *Highlights* references**: 42(1), 73(1).

**§21.1032 VA has a duty to assist claimants in obtaining evidence.**

\(a\) *VA's duty to assist begins when VA receives a complete or
substantially complete application*.

\(1\) Except as provided in paragraph (d) of this section, upon receipt
of a complete or substantially complete application for educational
assistance under subpart C, D, G, H, K, or L of this part, VA will:

\(i\) Make reasonable efforts to help a claimant obtain evidence
necessary to substantiate the claim; and

\(ii\) Give the assistance described in paragraphs (b) and (c) of this
section to an individual attempting to reopen a finally decided claim.

\(2\) VA will not pay any fees a custodian of records may charge to
provide the records VA requests. (Authority: 38 U.S.C. 5103A)

\(b\) *Obtaining records not in the custody of a Federal department or
agency*.

\(1\) VA will make reasonable efforts to obtain relevant records not in
the custody of a Federal department or agency. These records include
relevant records from:

\(i\) State or local governments;

\(ii\) Private medical care providers;

\(iii\) Current or former employers; and

\(iv\) Other non-Federal governmental sources.

\(2\) The reasonable efforts described in paragraph (b)(1) of this
section will generally consist of an initial request for the records
and, if VA does not receive the records, at least one follow-up request.
The following are exceptions to this provision concerning the number of
requests that VA generally will make:

\(i\) VA will not make a follow-up request if a response to the initial
request indicates that the records sought do not exist or that a
follow-up request for the records would be futile.

\(ii\) If VA receives information showing that subsequent requests to
the initial or another custodian could result in obtaining the records
sought, reasonable efforts will include an initial request and, if VA
does not receive the records, at least one follow-up request to the new
source or an additional request to the original source.

\(3\) The claimant must cooperate fully with VA's reasonable efforts to
obtain relevant records from non-Federal agency or department
custodians. The claimant must provide enough information to identify and
locate the existing records, including:

\(i\) The person, company, agency, or other custodian holding the
records;

\(ii\) The approximate time frame covered by the records; and

\(iii\) In the case of medical treatment records, the condition for
which treatment was provided.

\(4\) If necessary, the claimant must authorize the release of existing
records in a form acceptable to the person, company, agency, or other
custodian holding the records. (Authority: 38 U.S.C. 5103A)

\(c\) *Obtaining records in the custody of a Federal department or
agency*.

\(1\) VA will make as many requests as are necessary to obtain relevant
records from a Federal department or agency. These records include but
are not limited to:

> \(i\) Military records;
>
> \(ii\) Medical and other records from VA medical facilities;
>
> \(iii\) Records from non-VA facilities providing examination or
> treatment at VA expense; and
>
> \(iv\) Records from other Federal agencies.

\(2\) VA will end its efforts to obtain records from a Federal
department or agency only if VA concludes that the records sought do not
exist or that further efforts to obtain those records would be futile.
Cases in which VA may conclude that no further efforts are required
include cases in which the Federal department or agency advises VA that
the requested records do not exist or that the custodian of such records
does not have them.

\(3\) The claimant must cooperate fully with VA's reasonable efforts to
obtain relevant records from Federal department or agency custodians. At
VA's request, the claimant must provide enough information to identify
and locate the existing records, including:

> \(i\) The custodian or agency holding the records;
>
> \(ii\) The approximate time frame covered by the records; and
>
> \(iii\) In the case of medical treatment records, the condition for
> which treatment was provided.

\(4\) If necessary, the claimant must authorize the release of existing
records in a form acceptable to the custodian or agency holding the
records. (Authority: 38 U.S.C. 5103A)

\(d\) *Circumstances where VA will refrain from or discontinue providing
assistance*. VA will refrain from providing assistance in obtaining
evidence for a claim if the substantially complete or complete
application for benefits indicates that there is no reasonable
possibility that any assistance VA would provide to the claimant would
substantiate the claim. VA will discontinue providing assistance in
obtaining evidence for a claim if the evidence obtained indicates that
there is no reasonable possibility that further assistance would
substantiate the claim. Circumstances in which VA will refrain from or
discontinue providing assistance in obtaining evidence include, but are
not limited to:

\(1\) The claimant's ineligibility for the benefit sought because of
lack of qualifying service, lack of veteran status, or other lack of
legal eligibility;

\(2\) Claims that are inherently not credible or clearly lack merit; and

\(3\) An application requesting a benefit to which the claimant is not
entitled as a matter of law. (Authority: 38 U.S.C. 5103A)

\(e\) *Duty to notify claimant of inability to obtain records*.

\(1\) VA will notify the claimant either orally or in writing when VA:

\(i\) Makes reasonable efforts to obtain relevant non-Federal records,
but is unable to obtain them; or

\(ii\) After continued efforts to obtain Federal records, concludes that
it is reasonably certain they do not exist or that further efforts to
obtain them would be futile.

\(2\) For non-Federal records requests, VA may provide the notice to the
claimant at the same time it makes its final attempt to obtain the
relevant records.

\(3\) VA will make a record of any oral notice conveyed under paragraph
(e) of this section to the claimant.

\(4\) The notice to the claimant must contain the following information:

\(i\) The identity of the records VA was unable to obtain;

\(ii\) An explanation of the efforts VA made to obtain the records;

\(iii\) The fact described in paragraph (e)(1)(i) or (e)(1)(ii) of this
section;

\(iv\) A description of any further action VA will take regarding the
claim, including, but not limited to, notice that VA will decide the
claim based on the evidence of record unless the claimant submits the
records VA was unable to obtain; and

\(v\) A notice that the claimant is ultimately responsible for obtaining
the evidence.

\(5\) If VA becomes aware of the existence of relevant records before
deciding the claim, VA will notify the claimant of the existence of such
records and ask that the claimant provide a release for the records. If
the claimant does not provide any necessary release of the relevant
records that VA is unable to obtain, VA will ask that the claimant
obtain the records and provide them to VA.

\(6\) For the purpose of this section, if VA must notify the claimant,
VA will provide notice to:

> \(i\) The claimant;
>
> \(ii\) His or her fiduciary, if any; and
>
> \(iii\) His or her representative, if any. (Authority: 38 U.S.C.
> 5102(b), 5103(a), 5103A)

\[72 FR 16965, Apr. 5, 2007\]

**Supplement *Highlights* references**: 42(1), 69(1), 73(1).

**§21.1033 Time limits.**

The provisions of this section are applicable to informal claims and
formal claims.

\(a\) *Failure to furnish form, information, or notice of time limit*.
VA's failure to give a claimant or potential claimant any form or
information concerning the right to file a claim or to furnish notice of
the time limit for the filing of a claim will not extend the time
periods allowed for these actions. (Authority: 38 U.S.C. 5101, 5113)

\(b\) \[Reserved\]

\(c\) *Time limit for filing a claim for an extended period of
eligibility under 38 U.S.C. chapter 30, 32, or 35, and 10 U.S.C. chapter
1606*. VA must receive a claim for an extended period of eligibility
provided by §21.3047, §21.5042, §21.7051, or §21.7551 by the later of
the following dates.

\(1\) One year from the date on which the spouse's, surviving spouse's,
veteran's, or reservist's original period of eligibility ended; or

\(2\) One year from the date on which the spouse's, surviving spouse's,
veteran's, or reservist's physical or mental disability no longer
prevented him or her from beginning or resuming a chosen program of
education. (Authority: 10 U.S.C. 16133(b); 38 U.S.C. 3031(d), 3232(a),
3512).

\(d\) *Time limit for filing for an extension of eligibility due to
suspension of program* *(38 U.S.C. chapter 35)*. VA must receive a claim
for an extended period of eligibility due to a suspension of an eligible
child's program of education as provided in §21.3043 by the later of the
following dates.

\(1\) One year from the date on which the child's original period of
eligibility ended; or

\(2\) One year from the date on which the condition that caused the
suspension of the program of education ceased to exist. (Authority: 38
U.S.C. 3512(c))

\(e\) *Extension for good cause*.

\(1\) VA may extend for good cause a time limit within which a claimant
or beneficiary is required to act to perfect a claim or challenge an
adverse VA decision. VA may grant such an extension only when the
following conditions are met:

\(i\) When a claimant or beneficiary requests an extension after
expiration of a time limit, he or she must take the required action
concurrently with or before the filing of that request; and

\(ii\) The claimant or beneficiary must show good cause as to why he or
she could not take the required action during the original time period
and could not have taken the required action sooner.

\(2\) Denials of time limit extensions are separately appealable issues.
(Authority: 38 U.S.C. 5101, 5113)

\(f\) *Computation of time limit*.

\(1\) In computing the time limit for any action required of a claimant
or beneficiary, including the filing of claims or evidence requested by
VA, VA will exclude the first day of the specified period, and will
include the last day. This rule is applicable in cases in which the time
limit expires on a workday. When the time limit would expire on a
Saturday, Sunday, or holiday, the VA will include the next succeeding
day in the computation.

\(2\) The first day of the specified period referred to in paragraph
(f)(1) of this section will be the date of the letter of notification to
the claimant or beneficiary for purposes of computing time limits. As to
appeals, see §§20.302 and 20.305 of this chapter. (Authority: 38 U.S.C.
501(a))

\[38 FR 14930, June 7, 1973, as amended at 39 FR 43220, Dec. 11, 1974;
44 FR 62494, Oct. 31, 1979; 45 FR 67092, Oct. 9, 1980; 48 FR 37971, Aug.
22, 1983; 54 FR 28676, July 7, 1989; 64 FR 23771, May 4, 1999; 71 FR
1497, Jan. 10, 2006; redesignated and revised at 72 FR 16965, 16967,
Apr. 5, 2007\]

**Supplement *Highlights* references**: 42(1), 69(1), 73(1).

*Next Section is §21.3001*

Reserved

**Subpart D---Administration of Educational Assistance Programs**

*Authority*: 10 U.S.C. 2141 note, ch. 1606; 38 U.S.C. 501(a),

chs. 30, 32, 34, 35, 36, and as noted in specific sections.

*Source*: 31 FR 6774, May 6, 1966, unless otherwise noted.

**Administrative**

21.4001 Delegations of authority 21.4001-1

21.4002 Finality of decisions 21.4002-1

21.4003 Revision of decisions 21.4003-1

21.4005 Conflicting interests 21.4005-1

21.4006 False or misleading statements 21.4006-1

21.4007 Forfeiture 21.4007-1

21.4008 Prevention of overpayments 21.4008-1

21.4009 Waiver or recovery of overpayments 21.4009-1

**General**

21.4020 Two or more programs 21.4020-1

21.4022 Nonduplication---programs administered by VA 21.4022-1

**Payments; educational assistance allowance**

21.4131 Commencing dates 21.4131-1

21.4135 Discontinuance dates 21.4135-1

21.4136 Withdrawals or nonpunitive grades may result in nonpayment
21.4136-1

21.4138 Certifications and release of payments 21.4138-1

21.4145 Work-study allowance 21.4145-1

21.4146 Assignments of benefits prohibited 21.4146-1

**State approving agencies**

21.4150 Designation 21.4150-1

21.4151 Cooperation 21.4151-1

21.4152 Control by agencies of the United States 21.4152-1

21.4153 Reimbursement of expenses 21.4153-1

21.4154 Report of activities 21.4154-1

21.4155 Evaluations of State approving agency performance 21.4155-1

**Schools**

21.4200 Definitions 21.4200-1

21.4201 Restrictions on enrollment; percentage of students

receiving financial support 21.4201-1

21.4202 Overcharges; restrictions on enrollments 21.4202-1

21.4203 Reports---requirements 21.4203-1

21.4204 Periodic certifications 21.4204-1

21.4206 Reporting fee 21.4206-1

21.4209 Examination of records 21.4209-1

21.4210 Suspension, discontinuance, and denial of educational assistance
payments,

and disapproval of enrollments or reenrollments for pursuit of approved

courses 21.4210-1

21.4211 Composition, jurisdiction, and duties of Committee on

Educational Allowances 21.4211-1

21.4212 Referral to Committee on Educational Allowances 21.4212-1

21.4213 Notice of hearing by Committee on Educational Allowances
21.4213-1

21.4214 Hearing rules and procedures for Committee on

Educational Allowances 21.4214-1

21.4215 Decision of Director of VA Regional Processing Office of
jurisdiction 21.4215-1

21.4216 Review of decision of Director of VA Regional Processing Office

of jurisdiction 21.4216-1

**Programs of education**

21.4231 Educational plan---38 U.S.C. Chapter 35---child 21.4231-1

21.4232 Specialized vocational training---38 U.S.C. Chapter 35 21.4232-1

21.4233 Combination 21.4233-1

21.4234 Change of program 21.4234-1

21.4235 Programs of education that include flight training 21.4235-1

21.4236 Tutorial assistance 21.4236-1

**Courses**

21.4250 Course and licensing and certification test approval;
jurisdiction and notices 21.4250-1

21.4251 Minimum period of operation requirement for

educational institutions 21.4251-1

21.4252 Courses precluded; erroneous, deceptive, or misleading practices
21.4252-1

21.4253 Accredited courses 21.4253-1

21.4254 Nonaccredited courses 21.4254-1

21.4255 Refund policy; nonaccredited courses 21.4255-1

21.4256 Correspondence programs and courses 21.4256-1

21.4257 Cooperative courses 21.4257-1

21.4258 Notice of approval 21.4258-1

21.4259 Suspension or disapproval 21.4259-1

21.4260 Courses in foreign countries 21.4260-1

21.4261 Apprentice courses 21.4261-1

21.4262 Other training on-the-job courses 21.4262-1

21.4263 Approval of flight training courses 21.4263-1

21.4264 Farm cooperative courses 21.4264-1

21.4265 Practical training approved as institutional training

or on-job training 21.4265-1

21.4266 Courses offered at subsidiary branches or extensions 21.4266-1

21.4267 Approval of independent study 21.4267-1

21.4268 Approval of licensing and certification tests 21.4268-1

**Assessment and pursuit of courses**

21.4270 Measurement of courses 21.4270-1

21.4271 \[Removed\]

21.4272 Collegiate course measurement 21.4272-1

21.4273 Collegiate graduate 21.4273-1

21.4274 Law courses 21.4274-1

21.4275 Practical training courses; measurement 21.4275-1

21.4277 Discontinuance: unsatisfactory progress, conduct and attendance
21.4277-1

21.4278 Reentrance after discontinuance 21.4278-1

21.4279 Combination correspondence-residence program 21.4279-1

21.4280 \[Removed\]

**Administrative**

**§21.4001 Delegations of authority.**

\(a\) Except as otherwise provided, authority is delegated to the Under
Secretary for Benefits and to supervisory or adjudicative personnel
within the jurisdiction of the Education Service, designated by him or
her to make findings and decisions under 38 U.S.C. Chapters 34 and 36
and the applicable regulations, precedents and instructions, as to
programs authorized by these paragraphs.

\(b\) Authority is delegated to the Under Secretary for Benefits and the
Director, Education Service, to enter into agreements for the
reimbursement of State approving agencies under §21.4153. (Authority: 38
U.S.C. 512(a))

\(c\) Authority is delegated to the Director, Education Service, to
exercise the functions required of the Secretary for:

> \(1\) Waiver of penalties for conflicting interests as provided by
> §21.4005;
>
> \(2\) Actions otherwise required of State approving agencies under
> §21.4150(c);
>
> \(3\) Approval of courses under §21.4250(c)(2). (Authority: 38 U.S.C.
> 512(c))

\(d\) The Under Secretary for Benefits is delegated responsibility for
obtaining evidence of voluntary compliance for vocational
rehabilitation, education and special restorative training to implement
Title VI, Civil Rights Act of 1964. Authority is delegated to him or her
and his or her designee to take any necessary action as to programs of
vocational rehabilitation, education or special restorative training
under 38 U.S.C. Chapters 31, 34, 35 and 36 for the purpose of securing
evidence of voluntary compliance directly or through the agencies to
whom the Secretary has delegated responsibility for various schools or
training establishments to implement §§18.1 through 18.13 of this
chapter.

\(e\) The Under Secretary for Benefits is delegated responsibility for
obtaining evidence of voluntary compliance from recognized national
organizations whose representatives are afforded space and office
facilities in facilities under his or her jurisdiction.

\(f\) The Under Secretary for Benefits is delegated responsibility to
enter into an agreement with the Federal Trade Commission to utilize,
where appropriate, its services and facilities, consistent with its
available resources, to carry out investigations and make determinations
as to enrollment of an eligible veteran or eligible person in any course
offered by an institution which utilizes advertising, sales, or
enrollment practices of any type which are erroneous, deceptive, or
misleading either by actual statement, omission, or intimation.
(Authority: 38 U.S.C. 3696)

\(g\) Authority is delegated to the Director, Vocational Rehabilitation
and Employment Service to exercise the functions required of the
Secretary for approval of courses under §21.4250(c)(1). (Authority: 38
U.S.C. 512(a))

\[31 FR 6774, May 6, 1966, as amended at 40 FR 31759, July 29, 1975; 48
FR 37975, Aug. 22, 1983; 50 FR 46764, Nov. 13, 1985; 61 FR 26112, May
24, 1996; 66 FR 44053, Aug. 22, 2001\]

**Supplement *Highlights* reference**: 27(1)

**§21.4002 Finality of decisions.**

\(a\) The decision of a duly constituted agency of original jurisdiction
on which an action was predicated will be final and binding upon all
field offices of the Department of Veterans Affairs as to conclusions
based on evidence on file at that time and will not be subject to
revision on the same factual basis except by duly constituted appellate
authorities or except as provided in §21.4003. (See §§19.192 and 19.183
of this chapter.)

\(b\) Current determinations of line of duty, character of discharge,
relationship, and other pertinent elements of eligibility for a program
of education or special restorative training, made by either an
adjudicative activity or an insurance activity by application of the
same criteria and based on the same facts are binding one upon the other
in the absence of clear and unmistakable error.

\[31 FR 6774, May 6, 1966, as amended at 48 FR 37976, Aug. 22, 1983\]

**§21.4003 Revision of decisions.**

The revision of a decision on which an action was predicated will be
subject to the following sections:

\(a\) Clear and unmistakable error, §3.105(a) of this chapter;

\(b\) Difference of opinion, §3.105(b) of this chapter;

\(c\) Character of discharge, §3.105(c) of this chapter;

\(d\) Severance of service connection §3.105(d) of this chapter;

\(e\) Veteran no longer totally and permanently disabled, §21.4135(o).

*Next Section is §21.4005*

**§21.4005 Conflicting interests.**

For the purposes of this section, a person will be considered to be an
"officer" of the State approving agency or VA when he or she has
authority to exercise supervisory authority, and "educational
institution" includes an organization or entity offering licensing or
certification tests. (Authority: 38 U.S.C. 3683, 3689)

\(a\) *A conflict of interest can cause the dismissal of a VA or State
approving agency officer or employee and other adverse consequences*.

\(1\) An officer or employee of VA will be immediately dismissed from
his or her office or employment, if while such an officer or employee he
or she has owned any interest in, or received any wages, salary,
dividends, profits, gratuities, or services from any educational
institution operated for profit:

\(i\) In which a veteran or eligible person was pursuing a course of
education under 10 U.S.C. chapter 1606 or 38 U.S.C. chapter 30, 32, 34,
35, or 36; or

\(ii\) Offering a licensing or certification test that is approved for
payment of educational assistance under 38 U.S.C. chapter 30, 32, or 35
to veterans or eligible persons who take that test.

\(2\) Except as provided in paragraph (a)(3) or (c) of this section, VA
will discontinue payments under §21.4153 to a State approving agency
when the Secretary finds that any individual who is an officer or
employee of a State approving agency has, while he or she was such an
officer or employee, owned any interest in, or received any wages,
salary, dividends, profits, gratuities, or services from any educational
institution operated for profit:

\(i\) In which a veteran or eligible person was pursuing a course of
education or training under 10 U.S.C. chapter 1606 or 38 U.S.C. chapter
30, 32, 34, 35, or 36; or

\(ii\) Offering a licensing or certification test that is approved for
payment of educational assistance under 38 U.S.C. chapter 30, 32, or 35
to veterans or eligible persons who take that test.

\(3\) VA will not discontinue payments to a State approving agency under
paragraph (a)(2) of this section if the State approving agency, after
learning that it has any officer or employee described in that
paragraph, acts without delay to end the employment of that individual.

\(4\) If VA discontinues payments to a State approving agency pursuant
to paragraph (a)(2) of this section, VA will not resume these payments
while such an individual is an officer or employee of the:

\(i\) State approving agency;

\(ii\) State Department of Veterans Affairs; or

\(iii\) State Department of Education.

\(5\) A State approving agency will not approve any course offered by an
educational institution operated for profit and, if any such course has
been approved, will disapprove each such course, if it finds that any
officer or employee of the Department of Veterans Affairs, or the State
approving agency owns an interest in, or receives any wages, salary,
dividends, profits, gratuities, or service from, such educational
institution.

\(6\) If a State approving agency finds that any officer or employee of
VA or of the State approving agency owns an interest in, or receives
wages, salary, dividends, profits, gratuities, or services from an
organization or entity, operated for profit, that offers licensing or
certification tests, the State approving agency:

> \(i\) Will not approve any licensing or certification test that
> organization or entity offers; and
>
> \(ii\) Will withdraw approval of any licensing or certification test
> that organization or entity offers.

\(7\) The Secretary may, after reasonable notice, and public hearings if
requested, waive in writing the application of this paragraph in the
case of any officer or employee of the Department of Veterans Affairs or
of a State approving agency, if it is found that no detriment will
result to the United States or to veterans or eligible persons by reason
of such interest or connection of such officer or employee. (Authority:
10 U.S.C. 16136(b); 38 U.S.C. 3034(a), 3241, 3683, 3689)

\(b\) *Waiver.*

\(1\) Where a request is made for waiver of application of paragraph
(a)(1) of this section, it will be considered that no detriment will
result to the United States or to veterans or eligible persons by reason
of such interest or connection of such officer or employee of the
Department of Veterans Affairs, if the officer or employee:

\(i\) Acquired his or her interest in the educational institution by
operation of law, or before the statute became applicable to the officer
or employee, and his or her interest has been disposed of and his or her
connection discontinued, or

\(ii\) Meets all of the following conditions:

\(A\) His or her position involves no policy determinations, at any
administrative level, having to do with matters pertaining to payment of
educational assistance allowance, or special training allowance.

\(B\) His or her position has no relationship with the processing of any
veteran's or eligible person's application for education or training.

\(C\) His or her position precludes him or her from taking any
adjudicative action on individual applications for education or
training.

\(D\) His or her position does not require him or her to perform duties
involved in the investigation of irregular actions on the part of
educational institutions or veterans or eligible persons in connection
with 10 U.S.C. chapter 1606 or 38 U.S.C. chapters 30, 32, 34, 35 or 36.

\(E\) His or her position is not connected with the processing of claims
by, or payments to, schools, or their students enrolled under the
provisions of 10 U.S.C. chapter 1606 or 38 U.S.C. chapters 30, 32, 34,
35 or 36.

\(F\) His or her position is not connected in any way with the
inspection, approval, or supervision of educational institutions
desiring to train veterans or eligible persons or to offer a licensing
or certification test; or with the processing of claims by or making
payments to veterans and eligible persons for taking an approved
licensing or certification test.

\(2\) Where a request is made for waiver of application of paragraph
(a)(2) of this section, it will be considered that no detriment will
result to the United States or to veterans or eligible persons by reason
of such interest or connection of such officer or employee of a State
approving agency, if the officer or employee:

\(i\) Acquired his or her interest in the educational institution by
operation of law, or before the statute became applicable to the officer
or employee, and his or her interest has been disposed of and his or her
connection discontinued, or

\(ii\) Meets all of the following conditions:

\(A\) His or her position does not require him or her to perform duties
involved in the investigation of irregular actions on the part of
educational institutions or veterans or eligible persons in connection
with 10 U.S.C. chapter 1606 or 38 U.S.C. chapters 30, 32, 34, 35 or 36.

\(B\) His or her work is not connected in any way with the inspection,
approval, or supervision of educational institutions desiring to train
veterans or eligible persons, or desiring to offer licensing or
certification tests to veterans or eligible persons. (Authority: 10
U.S.C. 16136(b); 38 U.S.C. 3034(a), 3241, 3683, 3689)

\(c\) *Authority.*

\(1\) Authority is delegated to the Director, Education Service, and to
the facility head in the cases of VA employees under his or her
jurisdiction, to waive the application of paragraph (a)(1) of this
section in the case of any VA employee who meets the criteria of
paragraph (b)(1) of this section, and to deny requests for a waiver
which do not meet those criteria. If the circumstances warrant, a waiver
request may be submitted to the Secretary for a decision.

\(2\) Authority is delegated to the Director, Education Service, in
cases of State approving agency employees to waive the application of
paragraph (a)(2) of this section in the case of anyone who meets the
criteria of paragraph (b)(2) of this section, and to deny requests for a
waiver which do not meet those criteria. If the circumstances warrant a
waiver request may be submitted to the Secretary for a decision.

\(3\) Authority is reserved to the Secretary to waive the requirement of
paragraphs (a)(1) and (2) of this section in the case of an officer of
the Department of Veterans Affairs or a State approving agency and in
the case of any employee of either who does not meet the criteria of
paragraph (b) of this section. (Authority: 38 U.S.C. 512(a), 3683)

\(d\) *Notice when VA does not grant a requested waiver*. When VA has
denied a request for waiver of application of paragraph (a)(1) or (a)(2)
of this section, VA will immediately notify the State approving agency
and the educational institution:

\(1\) That the approval of courses or licensing and certification tests
offered by the educational institution must be withdrawn;

\(2\) The reasons for the withdrawal of approval; and

\(3\) The conditions that will permit the courses or such tests to be
approved again. (Authority: 38 U.S.C. 3683, 3689(d))

\(e\) *Notice to veterans and eligible persons.*

\(1\) The veteran or eligible person will be notified in writing sent to
his or her latest address of record when, in circumstances involving a
finding of conflicting interests:

> \(i\) The course or courses are disapproved by the State approving
> agency, or
>
> \(ii\) The State approving agency fails to disapprove the course or
> courses within 15 days after the date of written notice to the agency,
> and no waiver has been requested, or
>
> \(iii\) Waiver has been denied.

\(2\) The veteran or eligible person will be informed that he or she may
apply for enrollment in an approved course in another educational
institution, but that in the absence of such transfer, educational
assistance allowance payments will be discontinued effective the date of
discontinuance of the course, or the 30th day following the date of such
letter, whichever is earlier. (Authority: 38 U.S.C. 3683, 3690, 5104)

\[31 FR 6774, May 6, 1966, as amended at 43 FR 3707, Jan. 27, 1978; 51
FR 16315, May 2, 1986; 61 FR 20728, May 8, 1996; 66 FR 44053, Aug. 22,
2001; 72 FR 16967, Apr. 5, 2007\]

**Supplement *Highlights* reference**: 73(1)

Reserved

**§21.4006 False or misleading statements.**

\(a\) *Payments may not be based on false statements.* Except as
provided in this section payments may not be authorized based on a claim
where it is found that the school or any person has willfully submitted
a false or misleading claim, or that the veteran or eligible person with
the complicity of the school or other person has submitted such a claim.
A complete report of the facts will be made to the State approving
agency, and if in order to the Attorney General of the United States.
(Authority: 38 U.S.C. 3690)

\(1\) Where it is determined prior to payment that a certification or
claim is false or misleading, payment will be authorized for only that
portion of the claim to which entitlement is established on the basis of
other evidence of record.

\(2\) When the Department of Veterans Affairs discovers that a
certification or claim is false after it has released payment, the
Department of Veterans Affairs will establish an overpayment for only
that portion of the claim to which the claimant was not entitled.
(Authority: 38 U.S.C. 3680)

\(b\) *Effect of false statements on subsequent payments.* A claimant's
false or misleading statements are not a bar to payments based on
further training. (Authority: 38 U.S.C. 3680)

\(c\) *Forfeiture.* The provisions of this section do not apply when
forfeiture of all rights has been or may be declared under the
provisions of §21.4007. (Authority: 38 U.S.C. 6103)

\[31 FR 6774, May 6, 1966, as amended at 38 FR 14932, June 7, 1973; 48
FR 37976, Aug. 22, 1983\]

**§21.4007 Forfeiture.**

The rights of a veteran or eligible person to receive educational
assistance allowance or special training allowance are subject to
forfeiture under the provisions of §§3.900, 3.901 (except paragraph
(c)), 3.902 (except paragraph (c)), 3.903, 3.904, 3.905 and 19.2 of this
chapter. (Authority: 38 U.S.C. 6103, 6104 and 6105)

\[54 FR 4286, Jan. 30, 1989\]

**§21.4008 Prevention of overpayments.**

\(a\) *Prevention of overpayments to veterans and eligible persons
enrolled in educational institutions*. When approval of a course may be
withdrawn, and overpayments may exist or may be created, VA may suspend
further payments to veterans and eligible persons enrolled in the
educational institution offering the course until the question of
withdrawing approval is resolved. See §21.4210. (Authority: 38 U.S.C.
3690(b))

\(b\) *Prevention of overpayments to veterans and eligible persons
taking licensing and certification tests*. When approval of a licensing
or certification test may be withdrawn, and overpayments may exist or
may be created, VA may suspend payments to veterans and eligible persons
taking that test until the question of withdrawing approval is resolved.
See §21.4210. (Authority: 38 U.S.C. 3689(a), 3690(b))

\[48 FR 37976, Aug, 22, 1983, as amended at 63 FR 35831, July 1, 1998;
72 FR 16968, Apr. 5, 2007\]

**Supplement *Highlights* references**: 39(4), 73(1).

**§21.4009 Waiver or recovery of overpayments.**

For the purposes of this section, "educational institution" includes an
organization or entity offering licensing or certification tests.

\(a\) *General.*

\(1\) The amount of the overpayment of educational assistance allowance
or special training allowance paid to a veteran or eligible person
constitutes a liability of that veteran or eligible person.

\(2\) The amount of the overpayment of educational assistance allowance
or special training allowance paid to a veteran or eligible person
constitutes a liability of the education institution if the Department
of Veterans Affairs determines that the overpayment was made as the
result of willful or negligent:

\(i\) Failure of the educational institution to report, as required by
§§21.4203 and 21.4204, discontinuance or interruption of a course by a
veteran, reservist or eligible person, or

\(ii\) False certification by the educational institution.

\(3\) If it appears that the falsity or misrepresentation was
deliberate, the Department of Veterans Affairs may not pursue
administrative collection pending a determination whether the matter
should be referred to the Department of Justice for possible civil or
criminal action. However, the Department of Veterans Affairs may recover
the amount of the overpayment from the educational institution by
administrative collection procedure when the Department of Veterans
Affairs determines the false certification or misrepresentation resulted
from an administrative error or a misstatement of fact and that no
criminal or civil action is warranted.

\(4\) If the Department of Veterans Affairs recovers any part of the
overpayment from the educational institution, it may reimburse the
educational institution, if the Department of Veterans Affairs
subsequently collects the overpayment from a veteran or eligible person.
The reimbursement:

\(i\) Will be made when the total amount collected from the educational
institution and from the veterans and eligible persons (less any amount
applied toward marshal fees, court costs, administrative cost of
collection and interest) exceeds the total amount for which the
educational institution is liable, and

\(ii\) Will be equal to the excess.

\(5\) This paragraph does not preclude the imposition of any civil or
criminal liability under this or any other law.

\(b\) *Reporting.*

\(1\) If a school is required to make periodic or other certifications,
the Department of Veterans Affairs may consider the following in
determining whether a school is potentially liable for an overpayment:

\(i\) The school's failure to report, or to report timely facts which
resulted in an overpayment, or

\(ii\) The school's submission of an incorrect certification as to fact.

\(2\) In either instance the Department of Veterans Affairs will
consider other pertinent factors such as:

\(i\) Allowing for occasional clerical error or occasional
administrative error:

\(ii\) The school's past reliability in reporting;

\(iii\) The adequacy of the school's reporting system, and

\(iv\) The extent of noncompliance with reporting requirements.
(Authority: 38 U.S.C. 3685)

\(c\) *Committee on School Liability*.

\(1\) Each VA Regional Processing Office shall have a Committee on
School Liability. For the purposes of this section, the Manila Regional
Office is considered the VA Regional Processing Office of jurisdiction
for educational institutions located in the Philippines.

\(2\) The Secretary delegates to each Committee on School Liability, and
to any panel that the chairperson of the Committee may designate and
draw from the Committee, the authority to find whether an educational
institution is liable for an overpayment. (Authority: 10 U.S.C.
16136(b); 38 U.S.C. 512(a), 3034(a), 3241, 3685, 3689(d))

\(d\) *Initial decision*.

\(1\) The Education Officer of the VA Regional Processing Office of
jurisdiction, or the Service Center Manager when the Manila Regional
Office is considered the VA Regional Processing Office of jurisdiction,
will decide whether there is evidence that would warrant a finding that
an educational institution is potentially liable for an overpayment.

\(2\) Following each finding of potential liability, the Finance Officer
of the VA Regional Processing Office of jurisdiction will notify the
educational institution in writing of VA's intent to apply the liability
provisions of paragraph (a) of this section. The notice will:

\(i\) Identify the students who were overpaid;

\(ii\) Identify the veterans and eligible persons who took the licensing
or certification test and were overpaid;

\(iii\) Set out in the case of each student, or in the case of each
veteran or eligible person who took the test, the educational
institution's actions or omissions which resulted in the finding that
the educational institution was potentially liable for the overpayment;
and

\(iv\) State that VA will determine liability on the basis of the
evidence of record unless the VA Regional Processing Office of
jurisdiction receives additional evidence or a request for a hearing
within 30 days of the date the educational institution received the
notice. (Authority: 10 U.S.C. 16136(b); 38 U.S.C. 512(a), 3034(a), 3241,
3685, 3689(d))

\(e\) *Hearings.* A school is entitled to a hearing before a panel drawn
from the Committee on School Liability before a decision is made as to
whether it is liable for an overpayment. Every hearing will be preceded
by a prehearing conference unless the conference is waived by the
school. The Committee on School Liability will consider all evidence and
testimony presented at the hearing. (Authority: 38 U.S.C. 512(a), 3685,
3689)

\(f\) *Extent of liability.* Waiver of collection of an overpayment as
to a veteran, reservist, or eligible person will not relieve the
educational institution of liability for the overpayment. Recovery in
whole or in part from the veteran, reservist, or eligible person will
limit such liability accordingly. If an overpayment has been recovered
from the educational institution and the veteran, reservist, or eligible
person subsequently repays the amount in whole or in part, the amount
repaid will be reimbursed to the educational institution. (Authority: 38
U.S.C. 3685, 3689)

\(g\) *Notice to educational institution.* The educational institution
shall be notified in writing of the decision of the Committee on School
Liability. If the educational institution is found liable for an
overpayment, the educational institution also will be notified of the
right to appeal the decision to the Central Office School Liability
Appeals Board within 60 days from the date of the letter to the
educational institution containing notice of the decision. The 60-day
time limit may be extended to 90 days at the discretion of the
chairperson of the Committee on School Liability. The appeal must be in
writing setting forth fully the alleged errors of fact and law. If an
appeal is not received within the 60-day time limit, the Committee
decision is final. (Authority: 38 U.S.C. 512(a), 3685, 3689)

\(h\) *Appeals.* An appeal will be forwarded to Central Office where it
will be considered by the School Liability Appeals Board. The Board's
decision will serve as authority for instituting collection proceedings,
if appropriate, or for discontinuing collection proceedings instituted
on the basis of the original decision of the Committee on School
Liability in any case where the Board reverses a decision made by the
Committee that the educational institution is liable. (Authority: 38
U.S.C. 512(a), 3685, 3689)

\(i\) *Review.* Review by the School Liability Appeals Board is limited
to the issues raised by the educational institution and shall be on the
record and not de novo in character. The Board may affirm, modify or
reverse a decision of the Committee on School Liability or may remand an
appeal for further consideration by the appropriate Committee on School
Liability. If new and material evidence is discovered while the School
Liability Appeals Board is considering a case, the Board may remand the
case to the appropriate Committee on School Liability. (Authority: 38
U.S.C. 512(a), 3685, 3689)

\(j\) *Finality of decisions.* The School Liability Appeals Board has
authority to act for the Secretary in deciding appeals concerning an
educational institution's liability for an overpayment. There is no
right of additional administrative appeal of a decision of the School
Liability Appeals Board. (Authority: 38 U.S.C. 512(a), 3685, 3689)

\[32 FR 4533, Mar. 25, 1967, as amended at 44 FR 15492, Mar. 14, 1979;
48 FR 37976, Aug. 22, 1983; 49 FR 35630, Sept. 11, 1984; 51 FR 16316,
May 2, 1986; 61 FR 20728, May 8, 1996; 61 FR 26112, May 24, 1996; 62 FR
55760, Oct. 28, 1997; 71 FR 28586, May 17, 2006; 72 FR 16968, Apr. 5,
2007\]

**Supplement *Highlights* references**: 27(1), 73(1).

*Next Section is §21.4020*

Reserved

**Payments; Educational Assistance Allowance**

**§21.4131 Commencing dates.**

VA will determine under this section the commencing date of an award or
increased award of educational assistance provided pursuant to subpart C
or G. When more than one paragraph in this section applies, VA will
award educational assistance using the latest of the applicable
commencing dates.

\(a\) *Entrance or reentrance including change of program or educational
institution: individual eligible under 38 U.S.C. chapter 32*. When an
eligible veteran or servicemember enters or reenters into training
(including a reentrance following a change of program or educational
institution), the commencing date of his or her award of educational
assistance will be determined as follows:

\(1\) *For other than licensing or certification tests*.

\(i\) If the award is the first award of educational assistance for the
program of education the veteran or servicemember is pursuing, the
commencing date of the award of educational assistance is the latest of:

> \(A\) The date the educational institution certifies under paragraph
> (b) or (c) of this section;
>
> \(B\) One year before the date of claim as determined by §21.1029(b);
>
> \(C\) The effective date of the approval of the course, or one year
> before the date VA receives the approval notice, whichever is later;
> or

\(ii\) If the award is the second or subsequent award of educational
assistance for the program of education the veteran or servicemember is
pursuing, the effective date of the award of educational assistance is
the later of:

> \(A\) The date the educational institution certifies under paragraph
> (b) or (c) of this section; or

\(B\) The effective date of the approval of the course, or one year
before the date VA receives the approval notice, whichever is later.
(Authority: 38 U.S.C. 3672, 5103, 5110(b), 5113)

\(2\) *For licensing or certification tests*. VA will award educational
assistance for the cost of a licensing or certification test only when
the veteran or servicemember takes such test:

> \(i\) While the test is approved under 38 U.S.C. chapter 36;
>
> \(ii\) While the veteran or servicemember is eligible for educational
> assistance under this subpart; and
>
> \(iii\) No more than one year before the date VA receives a claim for
> reimbursement of the cost of the test. (Authority: 38 U.S.C. 3672,
> 3689, 5110, 5113)

\(b\) *Certification by school---the course or subject leads to a
standard college degree*.

\(1\) When the student enrolls in a course offered by independent study,
the commencing date of the award or increased award of educational
assistance will be the date the student began pursuit of the course
according to the regularly established practices of the educational
institution.

\(2\) Except as provided in paragraphs (b)(3), (b)(4) and (b)(5) of this
section when a student enrolls in a resident course or subject, the
commencing date of the award or increased award of educational
assistance will be the first scheduled date of classes for the term,
quarter or semester in which the student is enrolled.

\(3\) When the student enrolls in a resident course or subject whose
first scheduled class begins after the calendar week when, according to
the school's academic calendar, classes are scheduled to commence for
the term, quarter, or semester, the commencing date of the award or
increased award of educational assistance allowance will be the actual
date of the first class scheduled for that particular course or subject.

\(4\) When a student enrolls in a resident course or subject, the
commencing date of the award will be the date the student reports to the
school provided that:

\(i\) The published standards of the school require the student to
register before reporting, and

\(ii\) The published standards of the school require the student to
report no more than 14 days before the first scheduled date of classes
for the term, quarter or semester for which the student has registered,
and no later than the first scheduled date of classes for the term,
quarter or semester for which the student has registered.

\(5\) When the student enrolls in a resident course or subject and the
first day of classes is more than 14 days after the date of
registration, the commencing date of the award or the increased award of
educational assistance will be the first day of classes. (Authority: 38
U.S.C. 3481(a), 3680(a); Pub. L. 98-525)

\(c\) *Certification by school or establishment---course does not lead
to a standard college degree*.

\(1\) Residence school: See paragraph (b) of this section. (Authority:
38 U.S.C. 3481, 3687)

\(2\) Correspondence school: Date first lesson sent or date of
affirmance whichever is later.

\(3\) Job training: First date of employment in training position.

\(d\) *Entrance or reentrance including change of program or educational
institution: individual eligible under 38 U.S.C. chapter 35*. When a
person eligible to receive educational assistance under 38 U.S.C.
chapter 35 enters or reenters into training (including a reentrance
following a change of program or educational institution), the
commencing date of his or her award of educational assistance will be
determined as follows:

\(1\) *For other than licensing or certification tests*.

\(i\) If the award is the first award of educational assistance for the
program of education the eligible person is pursuing, the commencing
date of the award of educational assistance is the latest of:

> \(A\) The beginning date of eligibility as determined by §21.3041(a)
> or (b) or by §21.3046(a) or (b), whichever is applicable;
>
> \(B\) One year before the date of claim as determined by §21.1029(b);
>
> \(C\) The date the educational institution certifies under paragraph
> (b) or (c) of this section;
>
> \(D\) The effective date of the approval of the course, or one year
> before the date VA receives the approval notice, whichever is later;
> or

\(ii\) If the award is the second or subsequent award of educational
assistance for that program, the effective date of the award of
educational assistance is the later of:

> \(A\) The date the educational institution certifies under paragraph
> (b) or (c) of this section; or

\(B\) The effective date of the approval of the course, or one year
before the date VA receives the approval notice, whichever is later.
(Authority: 38 U.S.C. 3014, 3023, 3034, 3672, 5103)

\(2\) *For licensing or certification tests*. VA will award educational
assistance for the cost of a licensing or certification test only when
the veteran or servicemember takes such test:

> \(i\) While the test is approved under 38 U.S.C. chapter 36;
>
> \(ii\) While the veteran or servicemember is eligible for educational
> assistance under this subpart; and
>
> \(iii\) No more than one year before the date VA receives a claim for
> reimbursement of the cost of the test. (Authority: 38 U.S.C. 3512,
> 3672, 3689, 5110, 5113)

\(e\) \[Removed and reserved\]

\(f\) *Liberalizing laws and Department of Veterans Affairs issues.* In
accordance with facts found. but not earlier than the effective date of
the act or administrative issue.

\(g\) *Correction of military records.* Eligibility of a veteran or
eligible person may arise as the result of correction or modification of
military records under 10 U.S.C. 1552, or a change, correction or
modification of a discharge or dismissal under 10 U.S.C. 1553, or other
competent military authority. In these cases the commencing date of
educational assistance allowance will be in accordance with the facts
found, but not earlier than the date the change, correction or
modification was made by the service department. (Authority: 38 U.S.C.
3462(b), 3501(d))

\(h\) *Individuals in a penal institution.* If a veteran or eligible
person is paid a reduced rate of educational assistance or no
educational assistance under §21.3132(a) or (b) or §21.5139, the rate
will be increased or benefits will commence effective the earlier of the
following dates:

\(1\) The date the tuition and fees are no longer being paid under
another Federal program, or a State or local program, or

\(2\) The date of the release from the prison or jail. (Authority: 38
U.S.C. 3482(g), 3532(e))

\(i\) *Fugitive felons*. An award of educational assistance allowance to
an otherwise eligible veteran or person will begin effective the date
the warrant for the arrest of the felon is cleared by:

\(1\) Arrest;

\(2\) Surrendering to the issuing authority;

\(3\) Dismissal; or

\(4\) Court documents (dated after the warrant for the arrest of the
felon) showing the individual is no longer a fugitive. (Authority: 38
U.S.C. 5313B)

\(j\) \[Removed and reserved\]

\[31 FR 6774, May 6 1966, as amended at 39 FR 43220, Dec. 11, 1974; 41
FR 47929 Nov. 1, 1976; 46 FR 62060, Dec. 22, 1981; 48 FR 37977 and
37978, Aug. 22, 1983; 49 FR 5113, Feb. 10, 1984; 50 FR 48581, Nov. 26,
1985; 51 FR 16318, May 2, 1986; 54 FR 28677, July 7, 1989; 57 FR 40614,
Sept. 4, 1992; 61 FR 6782, Feb. 22, 1996; 61 FR 26113; 64 FR 23772, May
4, 1999; 66 FR 38938, July 26, 2001; 70 FR 25786, May 16, 2005; 72 FR
16968, Apr. 5, 2007\]

**Supplement *Highlights* references**: 23(1), 27(1), 42(1), 56(2),
68(1), 73(1).

*Next Section is §21.4135*

Reserved

\(ii\) Will not permit him or her to complete that portion of an
agreement for which no advance has been made.

\(2\) The veteran, reservist, or eligible person must complete the
portion of an agreement in the same or immediately following term,
quarter or semester in which the veteran, reservist, or eligible person
terminates training.

\(h\) *Indebtedness for unperformed service.*

\(1\) If the veteran, reservist, or eligible person has received an
advance for hours of unperformed service, and the Department of Veterans
Affairs has evidence that he or she does not intend to perform that
service, the advance:

\(i\) Will be a debt due the United States, and

\(ii\) Will be subject to recovery the same as any other debt due the

United States.

\(2\) The amount of indebtedness for each hour of unperformed service
shall equal the hourly wage that formed the basis of the contract.
(Authority: 38 U.S.C. 3485)

\(i\) *Survey.* The Department of Veterans Affairs will conduct an
annual survey of its regional offices to determine the number of
veterans, reservists, or eligible persons whose services can be utilized
effectively. (Authority: 38 U.S.C. 3485)

\[38 FR 12214, May 10, 1973, as amended at 48 FR 37983, Aug. 22, 1983;
61 FR 26113, May 24, 1996\]

**Supplement *Highlights* reference**: 27(1)

**§21.4146 Assignments of benefits prohibited.**

\(a\) *General.* Section 5301(a), Title 38, United States Code, provides
that payments of benefits due or to become due under the laws
administered by the Department of Veterans Affairs shall not be
assigned, except to the extent specifically authorized by law. No law
specifically authorizes assignments of educational assistance allowances
payable under 38 U.S.C. chapters 30, 32, 35, or 36, or 10 U.S.C. chapter
1606, and therefore none shall be made.

\(b\) *Designating an attorney-in-fact.* In any case where a payee of an
educational assistance allowance has designated the address of an
attorney-in-fact as the payee's address for the purpose of receiving his
or her benefit check and has executed a power of attorney giving the
attorney-in-fact authority to negotiate such benefit check, such action
shall be deemed to be an assignment and is prohibited.

\(c\) *Arrangements amounting to an assignment.* Payments may be made to
a post office box address or a bank address only if the educational
institution (other than an organization or entity offering a licensing
or certification test) attests that it has not entered into an
assignment agreement with the student, and is not the attorney-in-fact
of the student with power to negotiate an educational assistance check
on behalf of the student and is not otherwise able to control the
proceeds of the benefits check. Such statements shall be subject to
review and when determined to be false, may be cause for creation of an
overpayment to the account of the veteran or other eligible person, for
which the educational institution (other than an organization or entity
offering a licensing or certification test) may be liable under the
provisions of §21.4009.

\(d\) *Correspondence school addresses.* A request by a veteran or other
eligible person to send the benefit check payable to him or her at an
address which is an educational institution primarily engaged in
correspondence course instruction will be presumed not to be the actual
address of the veteran or other eligible person and will not be honored.
Benefits checks will not be sent to the veteran or other eligible person
in that event until a new address is provided designating the
individual's mailing address.

\(e\) *Referral to Committee on Educational Allowances.* When the
evidence of record indicates that an educational institution has
violated the terms of this section, the matter will be referred to the
facility Committee on Educational Allowances as provided in §§21.4210(g)
and 21.4212. (Authority: 38 U.S.C. 5301(a))

\[43 FR 35296, Aug. 9, 1978, as amended at 44 FR 62498, Oct. 31, 1979;
61 FR 26114, May 24, 1996; 63 FR 35831, July 1, 1998; 72 FR 16969, Apr.
5, 2007\]

**Supplement *Highlights* references**: 27(1), 39(4), 73(1).

*Next Section is §21.4150*

# State Approving Agencies 

**§21.4150 Designation.**

\(a\) The Chief Executive of each State is requested to create or
designate a State department or agency as the "State approving agency"
for his State, for the purpose of assuming the responsibilities
delegated to the State under 38 U.S.C. chapter 36, or if the law of the
State provides otherwise, to indicate the agency provided by such law
(38 U.S.C. 3671(a)).

\(b\) The Chief Executive of each State will notify the Department of
Veterans Affairs of any change in the designation of a State approving
agency.

\(c\) The provisions of 38 U.S.C. chapter 36 and the sections in this
part which refer to the State approving agency will be deemed to refer
to VA:

\(1\) With respect to a State, when that State:

\(i\) Does not have and fails or declines to create or designate a State
approving agency, or

\(ii\) Fails to enter into an agreement as provided in §21.4153; and
(Authority: 38 U.S.C. 3671(b)(1))

\(2\) When VA has approval, disapproval, or suspension authority (under
paragraphs (d), (e), (f), or (g) of this section, §21.4152, or as
otherwise provided by law).

\(d\) Any function, power or duty otherwise required to be exercised by
a State, or by an officer or agency of a State, will, with respect to
the Republic of Philippines, be exercised by the station head.
(Authority: 38 U.S.C. 512(a), 3561(b))

\(e\) The Secretary shall act as State approving agency for programs of
apprenticeship, the standards for which have been approved by the
Secretary of Labor pursuant to section 50a of title 29, United States
Code as a national apprenticeship program for operation in more than one
State and the training establishment is a carrier directly engaged in
interstate commerce which provides such training in more than one State.
(Authority: 38 U.S.C. 3672(c))

\(f\) Approval of a course of education offered by any agency or
instrumentality of the Federal Government shall be under the authority
of the Secretary. (Authority: 38 U.S.C. 3672(b))

\(g\) Approval under 38 U.S.C. 3689 of a licensing or certification test
offered by any agency or instrumentality of the Federal government will
be under the authority of the Secretary. (Authority: 38 U.S.C. 3689)

**Cross Reference**: *Course and licensing and certification test
approval; jurisdiction and notices*. See §21.4250.

\[31 FR 6774, May 6, 1966, as amended at 35 FR 9815, June 16, 1970; 37
FR 6679, Apr. 1, 1972; 54 FR 34987, Aug. 23, 1989; 54 FR 49756, Dec. 1,
1989; 72 FR 16969, Apr. 5, 2007\]

**Supplement *Highlights* reference**: 73(1)

**§21.4151 Cooperation.**

\(a\) The Department of Veterans Affairs and the State approving
agencies will take cognizance of the fact that definite duties,
functions and responsibilities are conferred upon each of them. To
assure that programs of education are administered effectively and
efficiently, the cooperation of the Department of Veterans Affairs and
the State approving agencies is essential. (Authority: 38 U.S.C.
3673(a))

\(b\) *State approving agency responsibilities.* State approving
agencies are responsible for:

\(1\) Inspecting and supervising schools within the borders of their
respective States;

\(2\) Determining those courses which may be approved for the enrollment
of veterans and eligible persons;

\(3\) Ascertaining whether a school at all times complies with its
established standards relating to the course or courses which have been
approved;

\(4\) Determining those licensing and certification tests that may be
approved for cost reimbursement to veterans and eligible persons;

\(5\) Ascertaining whether an organization or entity offering an
approved licensing or certification test complies at all times with the
provisions of 38 U.S.C. 3689; and

\(6\) Under an agreement with VA rendering services and obtaining
information necessary for the Secretary's approval or disapproval under
chapters 30 through 36, title 38, United States Code and chapters 107
and 1606, title 10, United States Code, of courses of education offered
by any agency or instrumentality of the Federal Government within the
borders of their respective States. (Authority: 38 U.S.C. 3672, 3673,
3674, 3689)

\(c\) The Department of Veterans Affairs will furnish State approving
agencies with copies of such Department of Veterans Affairs
informational and instructional material as may aid them in carrying out
the provisions of 38 U.S.C. chapter 36. (Authority: 38 U.S.C. 3673(b))

\[31 FR 6774, May 6, 1966, as amended at 37 FR 6679, Apr. 1, 1972; 54 FR
49756, Dec. 1, 1989; 61 FR 20728, May 8, 1996; 72 FR 16969, Apr. 5,
2007\]

**Supplement *Highlights* reference**: 73(1)

**§21.4152 Control by agencies of the United States.**

\(a\) *Control of educational institutions and State agencies generally
prohibited.* No department, agency, or officer of the United States will
exercise any supervision or control over any State approving agency or
State educational agency, or any educational institution. (Authority: 38
U.S.C. 3682; Pub. L. 100-323)

\(b\) *Authority retained by VA.* The provisions of paragraph (a) of
this section do not restrict authority conferred on VA

\(1\) To define full-time training in certain courses.

\(2\) To determine whether overcharges were made by a school and to
disapprove the school for enrollment of veterans or eligible persons not
previously enrolled. See §21.4210(d).

\(3\) To determine whether the State approving agencies under the terms
of contract or reimbursement agreements are complying with the standards
and provisions of the law.

\(4\) To examine the records and accounts of schools which are required
to be made available for examination by duly authorized representatives
of the Federal Government. See §§21.4209 and 21.4263.

\(5\) To disapprove schools, courses, or licensing or certification
tests for reasons stated in the law and to approve schools, courses, or
licensing or certification tests notwithstanding lack of State approval.

\[31 FR 6774, May 6, 1966, as amended at 54 FR 49756, Dec. 1, 1989; 61
FR 29296, June 10, 1996; 63 FR 35831, July 1, 1998; 67 FR 12474, Mar.
19, 2002; 72 FR 16969, Apr. 5, 2007\]

**Supplement *Highlights* references**: 27(3), 39(4), 58(1), 73(1).

**§21.4153 Reimbursement of expenses.**

For the purposes of this section, other than paragraph (d)(4) of this
section, "educational institution" includes an organization or entity
offering licensing or certification tests.

\(a\) *Expenses will be reimbursed under contract*:

\(1\) *Scope* of *contracts.*

\(i\) If a State or local agency requests payment for service
contemplated by law, and submits information prescribed in paragraph (e)
of this section, VA will negotiate a contract or agreement with the
State or local agency to pay (subject to available funds and acceptable
annual evaluations) reasonable and necessary expenses incurred by the
State or local agency in:

\(A\) Determining the qualifications of educational institutions and
training establishments to furnish programs of education to veterans and
eligible persons,

> \(B\) Supervising educational institutions and training
> establishments, and
>
> \(C\) Furnishing any other services VA may request in connection with
> the law governing VA education benefits.

\(ii\) VA will take into account the results of annual evaluations
carried out under §21.4155 of this part when negotiating the terms and
conditions of the contract or agreement.

\(2\) *Reimbursable supervision.* Supervision will consist of the
services required:

\(i\) To determine that the programs are furnished in accordance with
the law and with any other reasonable criteria as may be imposed by the
State, and

\(ii\) To disapprove any programs which fail to meet the law and the
established criteria. (Authority: 38 U.S.C. 3674, 3689)

\(b\) *Reimbursement.* The Under Secretary for Benefits and the
Director, Education Service, are authorized to enter into agreements
necessary to fulfill the purpose of paragraph (a) of this section. See
§21.4001(b). (Authority: 38 U.S.C. 512(a))

\(c\) *Reimbursable expenses.* Reimbursement may be made from the funds
provided in the existing contract with the State approving agency under
the provisions of this section. No reimbursement may be authorized for
expenses incurred by any individual who is not an employee of the State
approving agency.

\(1\) *Salaries.* Salaries for which reimbursement may be authorized
under a contract:

\(i\) Will not be in excess of the established rate of pay for other
employees of the State with comparable or equivalent duties and
responsibilities,

\(ii\) Will be limited to the actual salary expense incurred by the
State, and

\(iii\) Will include the basic salary rate plus fringe benefits, such as
social security, retirement, and health, accident, or life insurance,
that are payable to all similarly circumstanced State employees.

\(2\) *Travel.*

\(i\) Reimbursement will be made under the terms of the contract for
travel of personnel engaged in activities in connection with the
inspection, approval or supervision of educational institutions,
including:

\(A\) Travel of personnel attending training sessions sponsored by VA
and the State approving agencies.

> \(B\) Expenses of attending out-of-State meetings and conferences only
> if the Director, Education Service, authorizes the travel. (Authority:
> 38 U.S.C. 3674; Pub. L. 100-323)

\(ii\) Travel expenses for which reimbursement may be authorized under a
contract will be limited to:

\(A\) Expenses allowable under applicable State laws or travel
regulations of the State or agency;

> \(B\) Expenses for travel actually performed by employees specified
> under the terms of the contract and;
>
> \(C\) Either actual expenses for transportation, meals, lodging and
> local telephone calls, or the regular State or agency per diem
> allowance.

\(iii\) All claims for travel expenses payable under the terms of a
contract must be supported by factual vouchers and all transportation
allowances must be supported by detailed claims which can be checked
against work assignments in the office of the State approving agency.
(Authority: 38 U.S.C. 3674)

\(3\) *Administrative expenses*. In determining the allowance for
administrative expenses for which payment may be authorized, VA will
apply the provisions of 38 U.S.C. 3674(b). In making that application,
VA will determine reimbursable salary cost pursuant to paragraph (c)(1)
of this section.

\(4\) *Subcontracts.* The State approving agency may also be reimbursed
for work performed by a subcontractor provided:

\(i\) The work has a direct relationship to the requirements of Chapter
1606 of Title 10 United States Code or Chapter 30, 32 34, 35 or 36 of
Title 38, United States Code, and (Authority: 10 U.S.C. 16136, 38 U.S.C.
3034, 3674)

\(ii\) The Contracting Officer has approved the subcontract in advance.
(Authority: 38 U.S.C. 3674; Pub. L. 94-502, Pub. 95-902)

\(d\) *Nonreimbursable expenses.* The Department of Veterans Affairs
will not provide reimbursement under reimbursement contracts for:

\(1\) Expenditures other than salaries and travel of personnel required
to perform the services specified in the contract and Department of
Veterans Affairs regulations.

\(2\) Supplies, equipment, printing, postage, telephone services,
rentals, and other miscellaneous items or a service furnished directly
or indirectly.

\(3\) Except as provided in paragraph (c)(2) of this section, the
salaries and travel of personnel while attending training sessions, or
when they are engaged in activities other than those in connection with
the inspection, approval, or supervision of educational institutions.

\(4\) The supervision of educational institutions which do not have
veterans or eligible persons enrolled.

\(5\) Expenses incurred in the administration of an educational program
which are costs properly chargeable as tuition costs, such as the
development of course material or individual educational programs,
teacher training or teacher improvement activities, expenses of
coordinators, or administrative costs, such as those involving selection
and employment of teachers. (This does not preclude reimbursement for
expenses of the State agency incurred in the development of standards
and criteria for the approval of courses under the law.)

\(6\) Expenses of a State approving agency for inspecting, approving or
supervising courses when the agency is responsible for establishing,
conducting or supervising those courses.

\(7\) Any expense for supervision or other services to be covered by
contract which are already being reimbursed or paid from tuition funds
under this law.

\(e\) *Agency operating plan.* A request by a State approving agency for
reimbursement under the law will be subject to the requirements of 41
CFR 87.5101-8 as to "Equal Opportunity." The request will be accompanied
by the proposed plan of operation and the specific duties and
responsibilities of all personnel for which reimbursement of salaries
and travel expense is required.

\(1\) The Department of Veterans Affairs will determine personnel
requirements for which the Department of Veterans Affairs provides
reimbursement on the basis of estimated workloads agreed upon between
the Department of Veterans Affairs and the State agency. Agreements are
subject to review and adjustment.

\(2\) Workloads will be determined upon three factors:

\(i\) Inspection and approval visits,

\(ii\) Supervisory visits, and

\(iii\) Special visits at the request of the Department of Veterans
Affairs.

\(f\) *Contract compliance.* Reimbursement under each contract or
agreement is conditioned upon compliance with the standards and
provisions of the contract and the law. If the Contracting Officer
determines that the State has failed to comply with the standards or
provisions of the law or with terms of the reimbursement contract, he or
she will withhold reimbursement for claimed expenses under the contract.
If the State disagrees, the State may request the Contracting Officer to
reconsider his or her decision or may initiate action under the Disputes
clause of the contract. See 48 CFR 801.602. (Authority: 38 U.S.C. 3674)

\(g\) *Contract disputes.* The State approving agency reimbursement
contract is subject to the Contract Disputes Act of 1978. Disputes
arising under, or relating to, the contract will be resolved in
accordance with the disputes article of the contract and with
appropriate procurement regulations. (Authority: 41 U.S.C. 602)

\[31 FR 6774, May 6, 1966, as amended at 40 FR 42880, Sept. 17, 1975; 43
FR 35296, Aug. 9, 1978; 44 FR 62498, Oct. 31, 1979; 48 FR 37983, Aug.
22, 1983; 51 FR 16316, May 2, 1986; 54 FR 49757, Dec. 1, 1989; 61 FR
20728, May 8, 1996; 61 FR 26114, May 24, 1996; 72 FR 16969, Apr. 5,
2007\]

**Supplement *Highlights* references**: 27(1), 73(1).

**§21.4154 Report of activities.**

\(a\) *State approving agencies must report their activities.* Each
State approving agency entering into a contract or agreement under
§21.4153 of this part must submit a report of its activities to VA. The
report may be submitted monthly or quarterly by the State approving
agency as provided in the contract or agreement. (Authority: 38 U.S.C.
3674; Pub. L. 100-323)

\(b\) *Content of the report.* The report:

\(1\) Shall be in the form prescribed by the Secretary;

\(2\) Shall detail the activities of the State approving agencies under
the agreement or contract during the preceding month or quarter, as
appropriate;

\(3\) May include, at the option of the State approving agency, a
cumulative report of its activities from the beginning of the fiscal
year to date;

\(4\) Shall describe the services performed and the determination made
in supervising and ascertaining the qualifications of educational
institutions in connection with the programs of the Department of
Veterans Affairs; and

\(5\) Shall include other information as the Secretary may prescribe.
(Authority: 38 U.S.C. 3674)

(The Office of Management and Budget has approved the information
collection provisions in this section under control number 2900-0051.)

\[49 FR 26227, June 27, 1984, as amended at 54 FR 49757, Dec. 1, 1989;
57 FR 28087, June 24, 1992; 73 FR 16969, Apr. 5, 2007\]

**Supplement *Highlights* refe**rence: 73(1)

**§21.4155 Evaluations of State approving agency performance.**

\(a\) *Annual evaluations required.*

\(1\) VA shall conduct in conjunction with State approving agencies an
annual evaluation of each State approving agency. The evaluation shall
be based on standards developed by VA with State approving agencies. VA
shall provide each State approving agency an opportunity to comment upon
the evaluation.

\(2\) VA shall take into account the result of the annual evaluation of
a State approving agency when negotiating the terms and conditions of a
contract or agreement as provided in §21.4153(a) of this part.
(Authority: 38 U.S.C. 3674A(a); Pub. L. 100-323)

\(b\) *Development of a training curriculum.*

\(1\) VA shall cooperate with State approving agencies in developing and
implementing a uniform national curriculum, to the extent practicable,
for:

\(i\) Training new employees of State approving agencies, and

\(ii\) Continuing the training of the employees of the State approving

agencies.

\(2\) VA with the State approving agencies shall sponsor the training
and continuation of training provided by this paragraph. (Authority: 38
U.S.C. 3674A; Pub. L. 100-323)

\(c\) *Development, adoption and application of qualification and
performance standards for employees of State approving agencies.*

\(1\) VA shall:

\(i\) Develop with the State approving agencies prototype qualification
and performance standards;

\(ii\) Prescribe those standards for State approving agency use in the
development of qualification and performance standards for State
approving agency personnel carrying out approval responsibilities under
a contract or agreement as provided in §21.4153(a) of this part; and

\(iii\) Review the prototype qualification and performance standards
with the State approving agencies no less frequently than once every
five years.

\(2\) In developing and applying standards described in paragraph (d)(1)
of this section, a State approving agency may take into consideration
the State's merit system requirements and other local requirements and
conditions. However, no State approving agency may develop, adopt or
apply qualification or performance standards that do not meet the
requirements of paragraph (d)(3) of this section.

\(3\) The qualification and performance standards adopted by the State
approving agency shall describe a level of qualification and performance
which shall equal or exceed the level of qualification and performance
described in the prototype qualification and performance standards
developed by VA with the State approving agencies. The State approving
agency may amend or modify its adopted qualification and performance
standards annually as circumstances may require.

\(4\) VA shall provide assistance in developing these standards to a
State approving agency that requests it.

\(5\) After November 19, 1989, each State approving agency carrying out
a contract or agreement with VA under §21.4153(a) shall:

\(i\) Apply qualification and performance standards based on the
standards developed under this paragraph, and

\(ii\) Make available to any person, upon request, the criteria used to
carry out its functions under a contract or agreement entered into under
§21.4153(a) of this part.

\(6\) A State approving agency may not apply these standards to any
person employed by the State approving agency on May 20, 1988, as long
as that person remains in the position in which the person was employed
on that date. (Authority: 38 U.S.C. 3674A(b); Pub. L. 100-323)

\[54 FR 49757, Dec. 1, 1989, as amended at 61 FR 29296, June 10, 1996\]

**Supplement Highlights reference**: 27(3)

*Next Section is §21.4200*

**Schools**

**§21.4200 Definitions.**

The definitions in this section apply to this subpart, except as
otherwise provided. The definitions of terms defined in this section
also apply to subparts C, F, G, H, K, and L if they are not otherwise
defined for purposes of those subparts.

\(a\) *School, educational institution, institution*. The terms school,
educational institution and institution mean:

\(1\) A vocational school or business school;

\(2\) A junior college, teachers' college, college, normal school,
professional school, university, or scientific or technical institution;

\(3\) A public or private elementary school or secondary school;

\(4\) A training establishment as defined in paragraph (c) of this
section;

\(5\) Any entity, other than an institution of higher learning, that
provides training for completion of a State-approved alternative teacher
certification program; or

\(6\) Any private entity that offers, either directly or indirectly
under an agreement with another entity, a course or courses to fulfill
requirements for the attainment of a license or certificate generally
recognized as necessary to obtain, maintain, or advance in employment in
a profession or vocation in a high technology occupation. (Authority: 38
U.S.C. 3452, 3501(a)(6), 3689(d))

\(b\) *Divisions of the school year.*

\(1\) *Ordinary School Year* is generally a period of 2 semesters or 3
quarters which is not less than 30 nor more than 39 weeks in total
length.

\(2\) *Term*, any regularly established division of the ordinary school
year under which the school operates.

\(3\) *Quarter*, a division of the ordinary school year, usually a
period from 10 to 13 weeks long.

\(4\) *Semester*, a division of the ordinary school year, usually a
period from 15 to 19 weeks long.

\(5\) *Summer term*, the whole of the period of instruction at a school
which takes place between ordinary school years. A summer term may be
divided into several summer sessions. (Authority: 38 U.S.C. 3680(a))

\(6\) *Summer session*, any division of a summer term. (Authority: 38
U.S.C. 3680(a))

\(c\) *Training establishment*. The term training establishment means
any establishment providing apprentice or other training on-the-job,
including those under the supervision of a college, university, any
State department of education, any State apprenticeship agency, any
State board of vocational education, any joint apprenticeship committee,
the Bureau of Apprenticeship and Training established in accordance with
29 U.S.C. chapter 4C, or any agency of the Federal government authorized
to supervise such training. (Authority: 38 U.S.C. 3452(e), 3501(a)(9))

\(d\) *External degree.* This term means a standard college degree given
by an accredited college or university based on satisfactory completion
of a prescribed program of independent study. The program may require
occasional attendance for a workshop or seminar and may include some
regular residence course work.

\(e\) *Standard college degree.* The term means an associate or higher
degree awarded by:

\(1\) An institution of higher learning that is accredited as a
collegiate institution by a recognized regional or national accrediting
agency; or

\(2\) An institution of higher learning that is a *candidate* for
accreditation, as that term is used by the regional or the national
accrediting agencies; or

\(3\) An institution of higher learning upon completion of a course
which is accredited by an agency recognized to accredit specialized
degree-level programs. (Authority: 38 U.S.C. 3452)

\(f\) *Undergraduate college degree.* The term means a college or
university degree obtained through the pursuit of unit subjects which
are below the graduate level. Included are associate degrees, bachelors'
degrees and first professional degrees.

\(g\) *Standard class session*. The term *standard class session* means
the time an educational institution schedules for class each week in a
regular quarter or semester for one quarter or one semester hour of
credit. It is not less than 1 hour (or one 50-minute period) of academic
instruction, 2 hours (or two 50-minute periods) of laboratory
instruction, or 3 hours (or three 50-minute periods) of workshop
training. (Authority: 38 U.S.C. 3688(c))

\(h\) *Institution of higher learning.* This term means:

\(1\) A college, university, or similar institution, including a
technical or business school, offering postsecondary level academic
instruction that leads to an associate or higher degree if the school is
empowered by the appropriate State education authority under State law
to grant an associate or higher degree.

\(2\) When there is no State law to authorize the granting of a degree,
a school which:

\(i\) Is accredited for degree programs by a recognized accrediting
agency, or

\(ii\) Is a recognized candidate for accreditation as a degree-granting
school by one of the national or regional accrediting associations and
has been licensed or chartered by the appropriate State authority as a
degree-granting institution.

\(3\) A hospital offering medical-dental internships or residencies
approved in accordance with §21.4265(a) without regard to whether the
hospital grants a post-secondary degree.

\(4\) An educational institution which:

\(i\) Is not located in a State,

\(ii\) Offers a course leading to a standard college degree or the
equivalent, and

\(iii\) Is recognized as an institution of higher learning by the
secretary of education (or comparable official) of the country in which
the educational institution is located. (Authority: 38 U.S.C. 3452)

\(i\) *Audited course.* The term means any credit course which a student
attends as a listener only with a prior understanding between school
officials and the student that such attendance will not result in credit
being granted toward graduation. See §21.4252(i). (Authority: 38 U.S.C.
3680(a)(3))

\(j\) *Nonpunitive grade.* The term means any grade assigned for pursuit
of a course, whether upon completion of the course or at the time of
withdrawal from the course, which has the effect of excluding the course
from any consideration in determining progress toward fulfillment of
requirements for graduation. No credit toward the school's requirements
for graduation is granted for such a grade, nor does the grade affect
any other criteria for graduation by the policies of the school, such as
a grade point average. Therefore, it has the same effect as an audited
course. See §21.4135(e).

\(k\) *Punitive grade.* The term means a grade assigned for pursuit of a
course which is used in determining the student's overall progress
toward completion of the school's requirements for graduation. Unlike
the nonpunitive grade, the punitive grade does affect the criteria to be
met by the student for graduation, i.e., it is a factor in computing the
student's grade average or grade point average, for example. For this
reason it is not the same as an audited course, since it does have an
effect upon the student's ability to meet the school's criteria for
graduation. See §21.4135(e).

\(l\) *Drop-add period.* The term means a reasonably brief period at the
beginning of a term, not to exceed 30 days, officially designated by a
school for unrestricted enrollment changes by students. (Authority: 38
U.S.C. 3680(a)(4))

\(m\) *Normal commuting distance.* Two locations that are within 55
miles of each other are within normal commuting distance. Furthermore, a
branch, extension or additional facility of a school located more than
55 miles from the school's main campus or parent facility will be
considered within normal commuting distance only if:

\(1\) School records show that, prior to the establishment of the
additional teaching site, at least 20 students or 5 percent of the
enrollment, whichever is the lesser, on the main campus or parent
facility were regularly commuting from the area where the additional
teaching site is located; or

\(2\) Other comparable evidence clearly shows that students commute
regularly between the two locations. (Authority: 38 U.S.C. 3689(c))

\(n\) *Enrollment.* This term means the state of being on that roll, or
file of a school which contains the names of active students.

\(o\) *Pursuit of a program of education.*

\(1\) This term means to work while enrolled, toward the objective of a
program of education. This work must be in accordance with approved
institution policy and regulations and applicable criteria of Title 38,
United States Code; must be necessary to reach the program's objective;
and must be accomplished through:

\(i\) Resident courses,

\(ii\) Independent study courses,

\(iii\) Correspondence courses,

\(iv\) An apprenticeship or other on-the-job training program,

\(v\) Flight courses,

\(vi\) A farm cooperative course,

\(vii\) A cooperative course, or

\(viii\) A graduate program of research in absentia.

\(2\) The Department of Veterans Affairs will consider a veteran or
eligible person who qualifies under §21.4138 for payment during an
interval or school closing, or who qualifies under §21.4205 for payment
during a holiday vacation to be in pursuit of a program of education
during the interval, school closing or holiday vacation.

\(p\) *Enrollment period.*

\(1\) This term means an interval of time during which a veteran or
eligible person:

\(i\) Is enrolled in an educational institution; and

\(ii\) Is pursuing his or her program of education.

\(2\) This term applies to each unit course or subject in the veteran's
or eligible person's program of education.

\(q\) *Attendance.* This term means the presence of a veteran or
eligible person:

\(1\) In the class where the approved course is being taught in which he
or she is enrolled;

\(2\) At a training establishment; or

\(3\) Any other place of instruction, training or study designated by
the educational institution or training establishment where the veteran
or eligible person is enrolled and is pursuing a program of education.
(Authority: 38 U.S.C. 3680(g))

\(r\) *In residence on a standard quarter- or semester-hour basis.* This
term means study at a site or campus of a college or university, or
off-campus at an official resident center, requiring pursuit of
regularly scheduled weekly class instruction at the rate of one standard
class session per week throughout a standard quarter or semester for one
quarter- or one semester-hour credit. (Authority: 38 U.S.C. 3688(c))

\(s\) *Deficiency course.* This term means any secondary level course or
subject not previously completed satisfactorily which is specifically
required for pursuit of a post-secondary program of education.

\(t\) *Remedial course.* This term means a special course designed to
overcome a deficiency at the elementary or secondary level in a
particular area of study, or a handicap, such as in speech.

\(u\) *Refresher course.* This term means a course at the elementary or
secondary level to review or update material previously covered in a
course that has been satisfactorily completed. (Authority: 38 U.S.C.
3491(a)(2))

\(v\) *Reservist*. The term *reservist* means a member of the Selected
Reserve of the Ready Reserve of any of the reserve components (including
the Army National Guard of the United States and the Air National Guard
of the United States) of the Armed Forces who is eligible to receive
educational assistance under 38 U.S.C. chapter 30 or 10 U.S.C. chapter
1606. (Authority: 38 U.S.C. 3002)

\(w\) *Alternative teacher certification program*. The term alternative
teacher certification program, for the purposes of determining whether
an entity offering such a program is a school, educational institution,
or institution as defined in paragraph (a)(5) of this section, means a
program leading to a teacher's certificate that allows individuals with
a bachelor's degree or graduate degree to obtain teacher certification
without enrolling in an institution of higher learning. (Authority: 38
U.S.C. 3452(c))

\(x\) *State*. The term *State* has the same meaning as provided in
§3.1(i) of this chapter. (Authority: 38 U.S.C. 101(20))

\(y\) *Pilot certificate*. A *pilot certificate* is a pilot certificate
issued by the Federal Aviation Administration. The term means a pilot's
license as that term is used in 10 U.S.C. chapter 1606 and 38 U.S.C.
chapters 30 and 32. (Authority: 10 U.S.C. 16136(c); 38 U.S.C. 3034(d),
3241(b))

\(z\) *Proprietary educational institution*. The term proprietary
educational institution (including a proprietary profit or proprietary
nonprofit educational institution) means an educational institution
that:

\(1\) Is not a public educational institution;

\(2\) Is in a State; and

> \(3\) Is legally authorized to offer a program of education in the
> State where the educational institution is physically located.
> (Authority: 38 U.S.C. 3680A(e))

(aa) *High technology industry*: The term *high technology industry*
includes the following industries:

\(1\) Biotechnology;

\(2\) Life science technologies;

\(3\) Opto-electronics;

\(4\) Computers and telecommunications;

\(5\) Electronics;

\(6\) Computer-integrated manufacturing;

\(7\) Material design;

\(8\) Aerospace;

\(9\) Weapons;

\(10\) Nuclear technology; and

> \(11\) Any other identified advanced technologies in the biennial
> Science and Engineering Indicators report published by the National
> Science Foundation. (Authority: 38 U.S.C. 3014A, 3452(c), 3501(a)(6))

(bb) *Employment in a high technology industry. Employment in a high
technology industry* means employment in a high technology occupation
specific to a high technology industry. (Authority: 38 U.S.C. 3014A)

\(cc\) *High technology occupation*. The term *high technology
occupation* means an occupation that leads to employment in a high
technology industry. These occupations consist of:

\(1\) Life and physical scientists;

\(2\) Engineers;

\(3\) Mathematical specialists;

\(4\) Engineering and science technicians;

\(5\) Computer specialists; and

> \(6\) Engineering, scientific, and computer managers. (Authority: 38
> U.S.C. 3014A, 3452(c), 3501(a)(6))

(dd) *Computer specialists*. The term *computer specialists* includes
the following occupations:

\(1\) Database, system, and network administrators;

\(2\) Database, system, and network developers;

\(3\) Computer and network engineers;

\(4\) Systems analysts;

\(5\) Programmers;

\(6\) Computer, database, and network support specialists;

\(7\) All computer scientists;

\(8\) Web site designers;

\(9\) Computer and network service technicians;

\(10\) Computer and network electronics specialists; and

> \(11\) All certified professionals, certified associates and certified
> technicians in the information technology field. (Authority: 38 U.S.C.
> 3014A, 3452(c), 3501(a)(6))

(ee) *Certification test*. The term *certification test* means a test an
individual must pass in order to receive a certificate that provides an
affirmation of an individual's qualifications in a specified occupation.
(Authority: 38 U.S.C. 3452(b), 3501(a)(5), 3689)

(ff) *Licensing test*. The term *licensing test* means a test offered by
a State, local, or Federal agency, the passing of which is a means, or
part of a means, to obtain a license. That license must be required by
law in order for the individual to practice an occupation in the
political jurisdiction of the agency offering the test. (Authority: 38
U.S.C. 3452(b), 3501(a)(5), 3689)

(gg) *Organization or entity offering a licensing or certification
test*.

\(1\) The term *organization or entity offering a licensing or
certification test* means:

\(i\) An organization or entity that causes a licensing test to be given
and that will issue a license to an individual who passes the test;

\(ii\) An organization or entity that causes a certification test to be
given and that will issue a certificate to an individual who passes the
test; or

\(iii\) An organization or entity that administers a licensing or
certification test for the organization or entity that will issue a
license or certificate, respectively, to the individual who passes the
test, provided that the administering organization or entity can provide
all required information and certifications under §21.4268 to the State
approving agency and to VA.

\(2\) This term does not include:

\(i\) An organization or entity that develops and/or proctors a
licensing or certification test but does not issue the license or
certificate; or

\(ii\) An organization or entity that administers a test but does not
issue the license or certificate if that administering organization or
entity cannot provide all required information and certifications under
§21.4268 to the State approving agency and to VA. (Authority: 38 U.S.C.
3452(b), 3501(a)(5), 3689)

(hh) *Tuition assistance top-up*. The term *tuition assistance top-up*
means a payment of basic educational assistance to meet all or a portion
of the charges of an educational institution for the education or
training of a servicemember that are not met by the Secretary of the
military department concerned under 10 U.S.C. 2007(a) or (c).
(Authority: 38 U.S.C. 3014(b))

\(ii\) *VA Regional Processing Office*. The term *VA Regional Processing
Office* means a VA office where claims for educational assistance under
38 U.S.C. chapters 30, 32, and 35 and 10 U.S.C. chapter 1606 are allowed
or disallowed. (Authority: 10 U.S.C. 16136(b); 38 U.S.C. 3034(a), 3241,
3685, 3689)

(jj) \[Reserved\]

(kk) *Fugitive felon*. The term *fugitive felon* means an individual
identified as such by Federal, State, or local law enforcement officials
and who is a fugitive by reason of:

\(1\) Fleeing to avoid prosecution for an offense, or an attempt to
commit an offense, which is a felony under the laws of the place from
which the person flees;

\(2\) Fleeing to avoid custody or confinement after conviction for an
offense, or an attempt to commit an offense, which is a felony under the
laws of the place from which the person flees; or

\(3\) Violating a condition of probation or parole imposed for
commission of a felony under Federal or State law. (Authority: 38 U.S.C.
5313B)

(ll) *Felony*. The term *felony* means a major crime or offense defined
as such under the law of the place where the offense was committed or
under Federal law. It includes a high misdemeanor under the laws of a
State which characterizes as high misdemeanors offenses that would be
felony offenses under Federal law. (Authority: 38 U.S.C. 5313B)

\[31 FR 6774, May 6, 1966, as amended at 32 FR 3979, Mar. 11, 1967; 32
FR 13403, Sept. 23, 1967; 35 FR 9815, June 16, 1970; 38 FR 14935, June
7, 1973; 38 FR 32579, Nov. 27 1973; 39 FR 43221, Dec. 11, 1974; 40 FR
31762, July 29, 1975; 43 FR 35296, Aug. 5, 1978; 45 FR 48887, July 22,
1980; 48 FR 37584, Aug. 22, 1983; 53 FR 48549, Dec. 1, 1988; 55 FR
28027, July 9, 1990; 57 FR 29800, July 7, 1992; 61 FR 26114, May 24,
1996; 61 FR 29296, June 10, 1996; 62 FR 55760, Oct. 28, 1997; 63 FR
34128, June 23, 1998; 65 FR 81741, Dec. 27, 2000; 68 FR 35178, June 12,
2003; 70 FR 25786, May 16, 2005; 72 FR 16969, Apr. 5, 2007\]

**Supplement *Highlights* references**: 27(1, 3), 39(2), 53(1), 62(3),
68(1), 73(1).

Reserved

Reserved

**§21.4206 Reporting fee.**

VA may pay annually to each educational institution furnishing education
or each joint apprenticeship training committee acting as a training
establishment under 10 U.S.C. chapter 1606 or 38 U.S.C. chapter 30, 32,
34, 35 or 36 a reporting fee for required reports or certifications. The
reporting fee will be paid as soon as feasible after the end of the
calendar year.

\(a\) Except as provided in paragraph (b) of this section the reporting
fee will be computed for each calendar year by multiplying \$7.00 by the
number of eligible veterans and eligible persons enrolled under 10
U.S.C. chapter 1606, or 38 U.S.C. chapter 30, 32, 34, 35 or 36 during
that calendar year. (Authority: 10 U.S.C. 16136, 38 U.S.C. 3034, 3241,
3684(c))

\(b\) In computing the reporting fee VA will not count a veteran or
servicemember whose only receipt of educational assistance under 38
U.S.C. chapter 30 during a calendar year was tuition assistance top-up.
(Authority: 38 U.S.C. 3014(b), 3684(c))

\(c\) An additional \$4 will be paid to those institutions which have
delivered to the veteran or eligible person at registration the
educational assistance check representing an advance payment, or which
have delivered educational loan checks in accordance with the provisions
of Subpart F. If an institution delivers both an advance payment check
and educational loan check(s) to the same veteran or eligible person
within 1 calendar year, it shall receive only one additional \$4 fee. In
order to receive this fee, the institution shall submit to the
Department of Veterans Affairs a certification of delivery of each
check. If an advance payment check is not delivered within 30 days after
commencement of the student's program, the check is to be returned to
the Department of Veterans Affairs. If an education loan check is not
delivered within 30 days of the date the educational institution
received it, the check shall be returned to the Department of Veterans
Affairs. (Authority: 38 U.S.C. 3684, 3698)

\(d\) No reporting fee payable to an educational institution under this
section shall be subject to offset by the Department of Veterans Affairs
against any liability of the educational institution for any overpayment
which the Department of Veterans Affairs has administratively determined
to exist unless the liability of the educational institution was not
contested by the educational institution or was upheld by a final decree
of a court of appropriate jurisdiction. (Authority: 38 U.S.C. 3684)

\(e\) Before payment of a reporting fee the Department of Veterans
Affairs will require an educational institution to certify that:

\(1\) It has exercised reasonable diligence in determining whether it or
any course offered by it approved for the enrollment of veterans or
eligible persons meets all of the applicable requirements of chapter
1606 of title 10, United States Code or chapters 30, 32, 34, 35 and 36
of title 38, United States Code; and (Authority: 10 U.S.C. 16136, 38
U.S.C. 3034, 3241, 3684(b); Pub. L. 98-525)

\(2\) It will, without delay, report any failure to meet any requirement
to the Department of Veterans Affairs. (Authority: 38 U.S.C. 3684(b))

\[32 FR 13404, Sept. 23, 1967, as amended at 40 FR 31762, July 29, 1975;
44 FR 62501, Oct. 31, 1979; 48 FR 37988, Aug. 22, 1983; 51 FR 16317, May
2, 1986; 61 FR 20728, May 8, 1996; 72 FR 16970, Apr. 5, 2007\]

**Supplement *Highlights* reference**: 73(1)

*Next Section is §21.4209*

**§21.4209 Examination of records.**

\(a\) *Availability of records.* Notwithstanding any other provision of
law, an educational institution, including for purposes of this section
an organization or entity offering a licensing or certification test,
must make the following records and accounts available to authorized
Government representatives:

\(1\) Records and accounts pertaining to veterans or eligible persons
who received educational assistance under 10 U.S.C. chapter 1606 or 38
U.S.C. chapter 30, 32, 34, 35, or 36;

\(2\) Other students' records necessary for the Department of Veterans
Affairs to ascertain institutional compliance with the requirements of
these chapters; and

\(3\) The records of other individuals who took a licensing or
certification test that VA believes are necessary to ascertain whether
the veterans and eligible persons taking such test were reimbursed the
correct amount. (Authority: 10 U.S.C. 16136; 38 U.S.C. 3034, 3241, 3689,
3690)

\(b\) *Type of records.* Each educational institution must upon request
of duly authorized representatives of the Government make available for
examination all appropriate records and accounts, including but not
limited to:

\(1\) Records and accounts which are evidence of tuition and fees
charged to and received from or on behalf of all veterans, reservists,
and eligible persons and from other students similarly circumstanced;

\(2\) Records of previous education or training of veterans, reservists,
and eligible persons at the time of admission as students and records of
advance credit, if any, granted by the educational institution at the
time of admission;

\(3\) Records of the veteran's, reservists, or eligible person's grades
and progress;

\(4\) Records of all advertising, sales or enrollment materials as
required by §21.4252(h) and section 3696(b), title 38, United States
Code;

\(5\) Records and computations showing compliance with the requirements
of §21.4201 regarding the 85-15 percent ratio of students for each
course; and

\(6\) Records necessary to demonstrate compliance with the requirements
of §21.4252(e) pertaining to the time necessary to complete a
correspondence course.

\(7\) Records necessary to demonstrate compliance with the requirements
of §21.4268. (Authority: 10 U.S.C. 16136; 38 U.S.C. 3034, 3241, 3689,
3690)

\(c\) *Noncollege degree, apprentice, and other on-the-job.* The
educational institution having veterans, servicemembers, reservists,
and/or eligible persons enrolled in a course that does not lead to a
standard college degree must make available, in addition to the records
and accounts required in paragraph (b) of this section, the records of
leave, absences, class cuts, makeup work, and tardiness. Each training
establishment that has enrolled veterans under 38 U.S.C. chapter 30 or
32, reservists under 10 U.S.C. chapter 1606, or eligible persons under
38 U.S.C. chapter 35 must also make available payroll records.
(Authority: 10 U.S.C. 16136; 38 U.S.C. 3034, 3241, 3690(c))

\(d\) *Nonaccredited courses.* The educational institution having
veterans or eligible persons enrolled in nonaccredited courses must make
available, in addition to the records and accounts required in
paragraphs (b) and (c) of this section the following:

\(1\) Records of interruptions for unsatisfactory conduct or attendance.

\(2\) Records of refunds of tuition, fees and other charges made to a
veteran or eligible person who fails to enter the course or withdraws or
is discontinued prior to completion of the course.

\(e\) *Nonavailability.* Failure to make such records available as
provided in this section will be grounds for discontinuing the payment
of educational assistance allowance or special training allowance.

\(f\) *Retention of records*.

\(1\) Except as provided in paragraph (f)(2) of this section, an
educational institution must keep records and accounts, including those
pertaining to students not receiving benefits from VA, as described in
this section, pertaining to each period of enrollment of a veteran,
reservist, or eligible person. If those records are not available
electronically, the paper records must be kept intact and in good
condition at the educational institution for at least 3 years following
the end of each enrollment period. If the records are stored
electronically, the paper records may be stored at another site. The
electronic records must be easily accessible at the educational
institution for at least 3 years following the end of each enrollment
period.

\(2\) An organization or entity offering a licensing or certification
test must keep records and accounts intact and in good condition that
are needed to show that veterans and eligible persons have been paid
correctly for taking licensing or certification tests. The organization
or entity must keep those records, at a site mutually agreed on, for at
least 3 years following the date of the test.

\(3\) An educational institution will not be required under this section
to retain records for longer than 3 years unless the educational
institution receives from the Government Accountability Office or VA not
later than 30 days before the end of the 3-year period a written request
for longer retention. (Authority: 10 U.S.C. 16136; 38 U.S.C. 3034, 3241,
3689, 3690)

(The Office of Management and Budget has approved the information
collection provisions in this section under control number 2900-0696.)

\[31 FR 6774, May 6, 1966, as amended at 38 FR 14936, June 7, 1973; 43
FR 35300, Aug. 9, 1978; 48 FR 37988, Aug. 22, 1983; 51 FR 16317, May 2,
1986; 61 FR 20728, May 8, 1996; 61 FR 26114, May 24, 1996; 72 FR 16970,
Apr. 5, 2007\]

**Supplement *Highlights* references**: 27(1), 73(1).

**§21.4210 Suspension, discontinuance, and denial of educational
assistance payments, and**

> **disapproval of enrollments or reenrollments for pursuit of approved
> courses.**

\(a\) *Overview; explanation of terms used in §§21.4210 through
21.4216*.

\(1\) VA may pay educational assistance to a reservist under 10 U.S.C.
chapter 1606 for the reservist's pursuit of a course approved in
accordance with the provisions of 38 U.S.C. chapter 36. VA may pay
educational assistance under 38 U.S.C. chapter 32 or 35 to a veteran or
eligible person for the individual's pursuit of a course approved in
accordance with the provisions of 38 U.S.C. chapter 36 or if the
individual has taken a licensing or certification test approved in
accordance with the provisions of 38 U.S.C. chapter 36. VA may pay
educational assistance under 38 U.S.C. chapter 30 to a veteran or
servicemember for the individual's pursuit of a course approved in
accordance with the provisions of 38 U.S.C. chapter 36; if the
individual has taken a licensing or certification test approved in
accordance with the provisions of 38 U.S.C. chapter 36; or if the
individual is entitled to be paid benefits (tuition assistance top-up)
to meet all or a portion of an educational institution's charges for
education or training that the military department concerned has not
covered under tuition assistance. Except for tuition assistance top-up,
where courses do not need to be approved, a State approving agency
designated by VA, or in some instances VA, approves the course or test
for payment purposes. Notwithstanding such approval, VA, as provided in
paragraphs (b), (c), and (d) of this section, may suspend, discontinue,
or deny payment of benefits to any or all otherwise eligible individuals
for pursuit of a course or training approved under 38 U.S.C. chapter 36,
and for taking a licensing or certification test approved under 38
U.S.C. chapter 36.

\(2\) For the purposes of this section and the purposes of §§21.4211
through 21.4216, except as otherwise expressly stated to the contrary:

> \(i\) The term "course" includes an apprenticeship or other on-job
> training program;
>
> \(ii\) The term "educational institution" includes a training
> establishment, or organization or entity offering a licensing or
> certification test; and

\(iii\) Reference to action suspending, discontinuing, or otherwise
denying enrollment or reenrollment means such action with respect to
providing educational assistance under the chapters listed in paragraph
(a)(1) of this section. (Authority: 10 U.S.C. 16136(b); 38 U.S.C.
3034(a), 3241(a), 3452, 3671, 3690)

\(b\) *Denial of payment in individual cases*.

\(1\) VA may deny payment of educational assistance to a specific
individual for pursuit of a course or courses if, following an
examination of the individual's case, VA has credible evidence affecting
that individual that:

\(i\) The course fails to meet any of the requirements of 10 U.S.C.
chapter 1606, or 38 U.S.C. chapter 30, 32, 34, 35, or 36; or

\(ii\) The educational institution offering the individual's course has
violated any of those requirements of law. (Authority: 10 U.S.C.
16136(b); 38 U.S.C. 3034(a), 3241(a), 3690(b)(1), 3690(b)(2))

\(2\) VA may deny payment of educational assistance to a specific
individual for taking a licensing or certification test if, following an
examination of the individual's case, VA has credible evidence affecting
that individual that:

\(i\) The test fails to meet any of the requirements of 38 U.S.C. 3689;
or

\(ii\) The organization or entity offering the individual's test has
violated any of the requirements of 38 U.S.C. 3689. (Authority: 38
U.S.C. 3689)

\(c\) *Notice in individual cases*. Except as provided in paragraph (e)
of this section, when VA denies payment of educational assistance to an
individual under paragraph (b) of this section, VA will provide
concurrent written notice to the individual. The notice shall state:

\(1\) The adverse action;

\(2\) The reasons for the action; and

\(3\) The individual's right to an opportunity to be heard thereon in
accordance with part 19 of this title. (Authority: 10 U.S.C. 16136(b);
38 U.S.C. 3034(a), 3241(a), 3689, 3690)

\(d\) *Actions affecting groups*.

\(1\) The Director of the VA Regional Processing Office of jurisdiction
may:

\(i\) Suspend payments of educational assistance to all veterans,
servicemembers, reservists, or eligible persons already enrolled in a
course;

\(ii\) Disapprove all further enrollments or reenrollments of
individuals seeking VA educational assistance for pursuit of the course
(except for enrollments and reenrollments of servicemembers seeking to
be paid benefits (tuition assistance top-up) to meet all or a portion of
an educational institution's charges for education or training that the
military department concerned has not covered under tuition assistance);
and

\(iii\) Suspend payments of educational assistance to all veterans,
servicemembers, or eligible persons who may take a licensing or
certification test after a date that the Director may determine.

\(2\) Except as provided in paragraphs (d)(3) and (i) of this section,
the decision to act as described in paragraph (d)(1) of this section
must be based on evidence of a substantial pattern of veterans,
servicemembers, reservists, or eligible persons enrolled in the course
or taking the test receiving educational assistance to which they are
not entitled because:

\(i\) One or more of the course approval requirements of 38 U.S.C.
chapter 36 are not met, including the course approval requirements
specified in §§21.4253, 21.4254, 21.4261, 21.4262, 21.4263, 21.4264, and
21.4268; or

\(ii\) The educational institution offering the course has violated one
or more of the recordkeeping or reporting requirements of 10 U.S.C.
chapter 1606, or of 38 U.S.C. chapters 30, 32, 34, 35, and 36. These
violations may include, but are not limited to, the following:

\(A\) Willful and knowing submission of false reports or certifications
concerning students or courses of education;

\(B\) Failure to report to VA a veteran's, servicemember's, reservist's,
or eligible person's reduction, discontinuance, or termination of
education or training; or

\(C\) Submission of improper or incorrect reports in such number,
manner, or period of time as to indicate negligence on its part,
including failure to maintain an adequate reporting or recordkeeping
system.

\(3\) The Director also may make a decision to take the action described
in paragraph (d)(1) of this section when the Director has evidence that
one or more prohibited assignments of benefits have occurred at an
educational institution as a result of that educational institution's
policy. This decision may be made regardless of whether there is a
substantial pattern of erroneous payments at the educational
institution. See §21.4146.

\(4\) The Director may disapprove the enrollment of all individuals not
already enrolled in an educational institution (which for the purposes
of this paragraph does not include a training establishment) when the
Director finds that the educational institution:

\(i\) Has charged or received from veterans, servicemembers, reservists,
or eligible persons an amount for tuition and fees in excess of the
amount similarly circumstanced nonveterans are required to pay for the
same course; or

\(ii\) Has instituted a policy or practice with respect to the payment
of tuition, fees, or other charges that substantially denies to
veterans, servicemembers, reservists, or eligible persons the benefits
of advance payment of educational assistance authorized to such
individuals under §§21.4138(d), 21.7140(a), and 21.7640(d); or

\(iii\) Has used erroneous, deceptive, or misleading practices as set
forth in §21.4252(h). (Authority: 10 U.S.C. 16136(b); 38 U.S.C. 512(a),
3034(a), 3241(a), 3680A(d), 3684, 3685, 3689, 3690, 3696, 5301)

\(e\) *Actions that must accompany a mass suspension of educational
assistance payments or suspension of approval of enrollments and
reenrollments in a course or educational institution*.

\(1\) The Director of the VA Regional Processing Office of jurisdiction
may suspend payment of educational assistance and may suspend approval
of new enrollments and reenrollments as provided in paragraph (d) of
this section, only after:

\(i\) The Director notifies in writing the State approving agency
concerned and the educational institution of any failure to meet the
approval requirements and any violation of recordkeeping or reporting
requirements; and

\(ii\) The educational institution:

> \(A\) Refuses to take corrective action; or
>
> \(B\) Does not take corrective action within 60 days (or 90 days if
> permitted by the Director).

\(2\) Not less than 30 days before the Director acts to make a mass
suspension of payments of educational assistance and/or suspend approval
of new enrollments and reenrollments, the Director will, to the maximum
extent feasible, provide written notice to each veteran, servicemember,
reservist, and eligible person enrolled in the affected courses. The
notice will:

\(i\) State the Director's intent to suspend payments and/or suspend
approval of new enrollments and reenrollments unless the educational
institution takes corrective action;

\(ii\) Give the reasons why the Director intends to suspend payments
and/or suspend approval of new enrollments and reenrollments; and

\(iii\) State the date on which the Director intends to suspend payments
and/or suspend approval of new enrollments and reenrollments.
(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 3034(a), 3241(a), 3690(b))

\(3\) If VA receives a claim for educational assistance for the taking
by an individual of a licensing or certification test, and the
individual took the licensing or certification test during a period when
payment for taking such test was suspended, the Director will inform the
individual in writing of the fact of the suspension and the reasons why
payments were suspended. (Authority: 38 U.S.C. 3689, 3690)

\(f\) *Actions in cases indicating submission of false, misleading, or
fraudulent claims or statements*. The Director of the VA Regional
Processing Office of jurisdiction will take the following action, as
indicated, that may be in addition to suspending payments or further
approval of enrollments or reenrollments in a course or educational
institution.

\(1\) If the Director has evidence indicating that an educational
institution has willfully submitted a false or misleading claim, or that
a veteran, servicemember, reservist, eligible person, or other person,
with the complicity of an educational institution, has submitted such a
claim, the Director will make a complete report of the facts of the case
to the appropriate State approving agency and to the Office of Inspector
General for appropriate action.

\(2\) If the Director believes that an educational institution has
submitted a false, fictitious, or fraudulent claim or written statement
within the meaning of the Program Fraud Civil Remedies Act (31 U.S.C.
3801-3812) or that a veteran, servicemember, reservist, eligible person,
or other person, with the complicity of an educational institution, has
submitted such a claim or made such a written statement, the Director
will follow the procedures in part 42 of this title. (Authority: 10
U.S.C. 16136(b); 31 U.S.C. 3801-3812; 38 U.S.C. 3034(a), 3241(a),
3690(d))

\(g\) *Referral to the Committee on Educational Allowances*. The
Director of the VA Regional Processing Office of jurisdiction will refer
the following matters to the Committee on Educational Allowances as
provided in §21.4212:

\(1\) A suspension under paragraph (d) of this section of payments of
educational assistance to all veterans, servicemembers, reservists, or
eligible persons already enrolled in a course;

\(2\) A disapproval under paragraph (d) of this section of all further
enrollments or reenrollments of individuals seeking VA educational
assistance for pursuit of the course (except for enrollments and
reenrollments of servicemembers seeking to be paid tuition assistance
top-up benefits to meet all or a portion of an educational institution's
charges for education or training that the military department concerned
has not covered under tuition assistance); and

\(3\) A suspension under paragraph (d) of this section of payments of
educational assistance to all veterans, servicemembers, or eligible
persons who may take a licensing or certification test after a date that
the Director has determined. (Authority: 10 U.S.C. 16136(b); 38 U.S.C.
3034(a), 3241(a), 3689, 3690)

\(h\) *Withdrawal of referral to Committee on Educational Allowances*.

\(1\) If, following a suspension of payments and/or of approval of
enrollments or reenrollments, the Director of the VA Regional Processing
Office of jurisdiction determines that the conditions which justified
the suspension have been corrected, and the State approving agency has
not withdrawn or suspended approval of the course(s) or tests, the
Director may resume payments to and/or approval of enrollments or
reenrollments of the affected veterans, servicemembers, reservists, or
eligible persons. If the case has already been referred to the Committee
on Educational Allowances under paragraph (g) of this section at the
time such action is taken, the Director will advise the Committee that
the original referral is withdrawn.

\(2\) If, following a referral to the Committee on Educational
Allowances, the Director finds that the State approving agency will
suspend or withdraw approval, the Director may, if otherwise
appropriate, advise the Committee that the original referral is
withdrawn. (Authority: 10 U.S.C. 16136(b); 38 U.S.C. 3034(a), 3241(a),
3690)

\(i\) *This section does not apply to disapproval of courses based on
conflicts of interests*. VA will disapprove courses when required by
§21.4005(d) without applying the provisions of paragraphs (a) through
(h) of this section. (Authority: 10 U.S.C. 16136(b), 38 U.S.C. 3034(a),
3241, 3683(b))

\[63 FR 35831, July 1, 1998, as amended at 72 FR 16971, Apr. 5, 2007\]

**Supplement *Highlights* references**: 39(4), 73(1).

**§21.4211 Composition, jurisdiction, and duties of Committee on
Educational Allowances.**

\(a\) *Authority*.

\(1\) 38 U.S.C. 3690 authorizes VA to discontinue educational benefits
to veterans, servicemembers, reservists, or eligible persons when VA
finds that:

\(i\) The program of education or course in which such individuals are
enrolled fails to meet a requirement of 38 U.S.C. chapter 30, 32, 34,
35, or 36, or 10 U.S.C. chapter 1606, or the regulations in this part;
or

\(ii\) An educational institution has violated any such statute or
regulation, or fails to meet such a statutory or regulatory requirement.

\(2\) This authority does not extend to enrollments and reenrollments of
individuals seeking to be paid tuition assistance top-up benefits to
meet all or a portion of an educational institution's charges for
education or training that the military department concerned has not
covered under tuition assistance.

\(3\) 38 U.S.C. 3689 and 3690 further authorize VA to deny payment to
servicemembers or veterans for licensing or certification tests when VA
finds that either the test or the organization or entity offering the
test fails to meet a requirement of 38 U.S.C. 3689 or the applicable
regulations of this part.

\(4\) Sections 21.4210 through 21.4216 implement the authority discussed
in paragraphs (a)(1) and (a)(3) of this section.

\(5\) Each VA Regional Processing Office shall have a Committee on
Educational Allowances. For the purposes of this section, the Manila
Regional Office is considered the VA Regional Processing Office of
jurisdiction for educational institutions located in the Philippines.
The Committee's findings of fact and recommendations will be provided to
the Director of the VA Regional Processing Office.

\(6\) The Secretary of Veterans Affairs delegates to each Director of a
VA Regional Processing Office the authority to suspend or discontinue
payment of educational benefits, to disapprove enrollments or
reenrollments, or to deny payment of benefits for tests. (Authority: 10
U.S.C. 16136(b); 38 U.S.C. 512(a); 3034(a), 3241(a), 3689(d), 3690)

\(b\) *Purpose*.

\(1\) The Committee on Educational Allowances is established to assist
the Director of the VA Regional Processing Office of jurisdiction in
deciding in a specific case whether:

\(i\) Educational assistance should be discontinued to all individuals
enrolled in any course or courses an educational institution offers; and

\(ii\) If appropriate, whether approval of all further enrollments or
reenrollments in the course or courses an educational institution offers
should be denied to veterans, servicemembers, reservists, or other
eligible persons pursuing those courses under programs VA administers;
or

\(iii\) Payment should be denied to all servicemembers and veterans for
taking a specific licensing or certification test.

\(2\) A Director's decision described in paragraph (b)(1) of this
section must be based on a finding that the educational institution is
not meeting, or has violated, a requirement of 38 U.S.C. chapter 30, 32,
34, 35, or 36, or 10 U.S.C. chapter 1606, or the regulations in this
part.

\(3\) The function of the Committee on Educational Allowances is to
develop facts and recommend action to be taken on the basis of the facts
found. A hearing before the Committee is not in the nature of a trial in
a court of law. Instead, it is an administrative inquiry designed to
create a full and complete record upon which a recommendation can be
made as to whether the Director should discontinue payment of
educational benefits and/or deny approval of new enrollments or
reenrollments. Both the interested educational institution and VA
Regional Counsel, or designee, representing VA, will be afforded the
opportunity to present to the Committee any evidence, argument, or other
material considered pertinent. (Authority: 10 U.S.C. 16136(b); 38 U.S.C.
3034(a), 3241(a), 3689(d), 3690)

\(c\) *Jurisdiction*. The Committee on Educational Allowances will
consider only those cases which are referred in accordance with
§§21.4210(g) and 21.4212. (Authority: 10 U.S.C. 16136(b); 38 U.S.C.
3034(a), 3241(a), 3689(d), 3690)

\(d\) *Committee members*. The Committee on Educational Allowances will
consist of three employees of the VA Regional Processing Office of
jurisdiction, at least one of whom is familiar with the adjudication of
claims for benefits administered by the Veterans Benefits
Administration. The Director of the VA Regional Processing Office of
jurisdiction will designate a Chairperson. In the event that any member
becomes unable to serve for any reason, the Director may appoint a
replacement member. Before the Committee resumes its proceedings, the
new member will be given an opportunity to apprise himself or herself of
the actions and testimony already taken by the Committee. (Authority: 10
U.S.C. 16136(b); 38 U.S.C. 3034(a), 3241(a), 3689(d), 3690)

\(e\) *Duties and responsibilities of the Committee*.

\(1\) The function of the Committee on Educational Allowances is to make
recommendations to the Director of the VA Regional Processing Office of
jurisdiction in connection with specific cases referred for
consideration as provided in §§21.4210(g) and 21.4212.

\(2\) The performance of this function will include:

\(i\) Hearing testimony or argument from witnesses or representatives of
educational institutions and VA, as appropriate, when such persons
appear personally before the Committee;

\(ii\) Receiving and reviewing all the evidence, testimony, briefs,
statements, and records included in each case; and

\(iii\) Furnishing the Director of the VA Regional Processing Office of
jurisdiction a written statement setting forth specifically the question
or questions considered, a summation of the essential facts of record,
recommendations as to issues referred for consideration by the
Committee, and the basis therefor. In any case where there is not
unanimity, both the majority and the minority views and recommendations
will be furnished. (Authority: 10 U.S.C. 16136(b); 38 U.S.C. 3034(a),
3241(a), 3689(d), 3690)

\[63 FR 35833, July 1, 1998, as amended at 72 FR 16972, Apr. 5, 2007\]

**Supplement *Highlights* references**: 39(4), 73(1).

**§21.4212 Referral to Committee on Educational Allowances.**

\(a\) *Form and content of referral to Committee*. When the Director of
the VA Regional Processing Office of jurisdiction refers a case to the
Committee on Educational Allowances, as provided in §21.4210(g), the
referral will be in writing and will:

\(1\) State the approval, reporting, recordkeeping, or other criteria of
statute or regulation which the Director has cause to believe the
educational institution has violated;

\(2\) Describe the substantial pattern of veterans, servicemembers,
reservists, or eligible persons receiving educational assistance to
which they are not entitled which the Director has cause to believe
exists, if applicable;

\(3\) Outline the nature of the evidence relied on by the Director in
reaching the conclusions of paragraphs (a)(1) and (a)(2) of this
section;

\(4\) Describe the Director's efforts to obtain corrective action and
the results of those efforts; and

\(5\) Ask the Committee on Educational Allowances to perform the
functions described in §§21.4211, 21.4213, and 21.4214 and to recommend
to the Director whether educational assistance payable to individuals
pursuing the courses in question should be discontinued; approval of new
enrollments should be denied; and/or payment to individuals for
licensing or certification tests should be denied, as appropriate.

\(b\) *Notice of the referral*.

\(1\) At the time of referral the Director will:

\(i\) Send notice of the referral, including a copy of the referral
document, by certified mail to the educational institution. The notice
will include statements that the Committee on Educational Allowances
will conduct a hearing; that the educational institution has the right
to appear before the Committee and be represented at the hearing to be
scheduled; and that, if the educational institution intends to appear at
the hearing, it must notify the Committee within 60 days of the date of
mailing of the notice;

\(ii\) Provide an information copy of the notice and referral document
to the State approving agency of jurisdiction; and

\(iii\) Place a copy of the notice and referral document on display at
the VA Regional Processing Office of jurisdiction for review by any
interested party or parties.

\(2\) The Director will provide a copy of the notice and referral
document to the VA Regional Counsel, or designee, of jurisdiction, who
will represent VA before the Committee on Educational Allowances.
(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 3034(a), 3241(a), 3689(d),
3690)

\[63 FR 35834, July 1, 1998, as amended at 72 FR 16972, Apr. 5, 2007\]

**Supplement *Highlights* references**: 39(4), 73(1).

**§21.4213 Notice of hearing by Committee on Educational Allowances.**

\(a\) *Content of hearing notice*. In any case referred to the Committee
on Educational Allowances for consideration, a hearing will be held. If,
as provided in §21.4212(b), the educational institution has timely
notified the Committee of its intent to participate in the hearing, the
educational institution will be notified by certified letter from the
Chairperson of the date when the hearing will be held. This hearing
notification will inform the educational institution of:

\(1\) The time and place of the hearing;

\(2\) The matters to be considered;

\(3\) The right of the educational institution to appear at the hearing
with representation by counsel, to present witnesses, to offer
testimony, to present arguments, and/or to submit a written statement or
brief; and

\(4\) The complete hearing rules and procedures.

\(b\) *Expenses connected with hearing*. The notice also will inform the
educational institution that VA will not pay any expenses incurred by
the educational institution resulting from its participation in the
hearing, including the expenses of counsel or witnesses on behalf of the
educational institution.

\(c\) *Publication of hearing notice*. Notice of the hearing will be
published in the *Federal Register*, which will constitute notice to any
interested individuals, and will indicate that, while such individuals
may attend and observe the hearing, they may not participate unless
called as witnesses by VA or the educational institution. (Authority: 10
U.S.C. 16136(b); 38 U.S.C. 3034(a), 3241(a), 3689(d), 3690)

\[63 FR 35834, July 1, 1998, as amended at 72 FR 16972, Apr. 5, 2007\]

**Supplement *Highlights* references**: 39(4), 73(1).

**§21.4214 Hearing rules and procedures for Committee on Educational
Allowances.**

\(a\) *Rule 1*. The Chairperson of the Committee on Educational
Allowances will be in charge of the proceedings, will administer oaths
or affirmations to witnesses, and will be responsible for the official
conduct of the hearing. A majority of the members of the Committee will
constitute a quorum. No party to the proceedings may conduct a voir dire
of the Committee members. (Authority: 10 U.S.C. 16136(b); 38 U.S.C.
3034(a), 3241(a), 3689(d), 3690)

\(b\) *Rule 2*. At the opening of the hearing, the Chairperson of the
Committee on Educational Allowances will inform the educational
institution of the purpose of the hearing, the nature of the evidence of
record relating to the asserted failures or violations, and the
applicable provisions of law and VA regulations. The Chairperson will
advise the VA Regional Counsel, or designee, representing VA, that the
Committee on Educational Allowances will entertain any relevant evidence
or witnesses which VA Counsel presents to the Committee and which would
substantiate a decision by the Committee to recommend that the Director
of the VA Regional Processing Office of jurisdiction take an adverse
action on the issues submitted for its review. The educational
institution will be advised of its right to present any evidence,
relevant to the issues submitted for the Committee's review, by oral or
documentary evidence; to submit rebuttal evidence; to present and
cross-examine witnesses; and to make such statements as may be
appropriate on its behalf for a true and full disclosure of the facts.
VA Counsel will be allowed to cross-examine any witnesses offered by the
educational institution and to reply to any written briefs or arguments
submitted to the Committee. (Authority: 10 U.S.C. 16136(b); 38 U.S.C.
3034(a), 3241(a), 3689(d), 3690)

\(c\) *Rule 3*. Any testimony or evidence, either oral or written, which
the Committee on Educational Allowances deems to be of probative value
in deciding the question at issue will be admitted in evidence. While
irrelevant, immaterial, or unduly repetitious evidence, testimony, or
arguments should be excluded, reasonable latitude will be permitted with
respect to the relevancy, materiality, and competency of evidence. In
most instances the evidence will consist of official records of the
educational institution and VA, and these documents may be attested to
and introduced by affidavit; but the introduction of oral testimony by
the educational institution or by VA will be allowed, as appropriate, in
any instance where the educational institution or VA Counsel desires.
VA, however, will neither subpoena any witness on behalf of the
educational institution for such purposes nor bear any expenses in
connection with the appearance of such witness. In instances where the
evidence reasonably available consists of signed written statements,
secondary or hearsay evidence, etc., such evidence may be introduced
into the record and will be given the weight and consideration which the
circumstances warrant. (Authority: 10 U.S.C. 16136(b); 38 U.S.C.
3034(a), 3241(a), 3689(d), 3690)

\(d\) *Rule 4*. A verbatim stenographic or recorded transcript of the
hearing will be made. This transcript will become a permanent part of
the record, and a copy will be furnished to the educational institution
and the VA Counsel at the conclusion of the proceeding, unless
furnishing of the copy of the transcript is waived by the educational
institution. (Authority: 10 U.S.C. 16136(b); 38 U.S.C. 3034(a), 3241(a),
3689(d), 3690)

\(e\) *Rule 5*. The Chairperson of the Committee on Educational
Allowances will identify all exhibits in the order of introduction or
receipt (numerically for VA exhibits and alphabetically for exhibits
introduced by the educational institution). All such original exhibits
or documents shall be attached to the original of the transcript. VA
shall make photocopies or certified copies and attach them to the copy
of the transcript furnished to the educational institution and the VA
Counsel. The original transcript will accompany the Committee's
recommendation to the Director of the VA Regional Processing Office of
jurisdiction along with all exhibits, briefs, or written statements
received by the Committee during the course of the proceedings. Such
documents should be clearly marked to indicate which were received into
evidence and relied upon by the Committee in making its recommendations.
(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 3034(a), 3241(a), 3689(d),
3690)

\(f\) *Rule 6*. The Committee on Educational Allowances, at its
discretion, may reasonably limit the number of persons appearing at the
hearing, including any affected individuals presented as witnesses by VA
or the educational institution. (Authority: 10 U.S.C. 16136(b); 38
U.S.C. 3034(a), 3241(a), 3689(d), 3690)

\(g\) *Rule 7*. Any person who is presented to testify will be required
to be duly placed under oath or affirmation by the Chairperson of the
Committee on Educational Allowances. If an official of the educational
institution desires to present a statement personally, the individual
will be required to be placed under oath or affirmation. The Chairperson
will advise each witness that the Committee understands that he or she
is voluntarily appearing before the Committee; that any testimony or
statement given will be considered as being completely voluntary; and
that no one has authority to require the individual to make any
statement or answer any question against his or her will before the
Committee, except that a person called as a witness on behalf of either
VA or the educational institution must be willing to submit to
cross-examination with respect to testimony given. Each witness will
also be advised that his or her testimony or statement, if false, even
though voluntary, may subject him or her to prosecution under Federal
statutes. (Authority: 10 U.S.C. 16136(b); 38 U.S.C. 3034(a), 3241(a),
3689(d), 3690)

\(h\) *Rule 8*. Any member of the Committee on Educational Allowances
may question any witness presented to testify at the hearing or either a
representative of the educational institution or the VA Counsel
concerning matters that are relevant to the question at issue.
Generally, questioning by a Committee member will be limited to the
extent of clarifying information on the facts and issues involved.
(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 3034(a), 3241(a), 3689(d),
3690)

\(i\) *Rule 9*. If the educational institution fails to timely notify
the Committee of its intent to participate in a hearing or if a
representative of the educational institution is scheduled to appear for
a hearing but, without good cause, fails to appear either in person or
by writing, the Committee will proceed with the hearing and will review
the case on the basis of the evidence of record which shall be presented
by the VA Counsel. (Authority: 10 U.S.C. 16136(b); 38 U.S.C. 3034(a),
3241(a), 3689(d), 3690)

\(j\) *Rule 10*. Any objection by an authorized representative of the
educational institution or the VA Counsel on a ruling by the Chairperson
of the Committee on Educational Allowances regarding the admissibility
of testimony or other evidence submitted will be made a matter of
record, together with the substance in brief of the testimony intended
or other evidence concerned. If the other evidence concerned is in the
form of an affidavit or other document, it may be accepted for filing as
a future reference if it is later ruled admissible as part of the record
of the hearing. (Authority: 10 U.S.C. 16136(b); 38 U.S.C. 3034(a),
3241(a), 3689(d), 3690)

\(k\) *Rule 11*. Objections relating to the jurisdiction or membership
of the Committee on Educational Allowances or the constitutionality of
statutes or the constitutionality of, or statutory authority for, VA
regulations, are not before the Committee for decision. The time of the
Committee will not be used to hear arguments in this regard. However,
any such matters outside the province of the Committee may be the
subject of a brief or a letter for consideration by the VA Office of
General Counsel upon completion of the hearing. The ruling of such
authority upon such issues will be obtained and included in the record
before the Committee's recommendations are submitted to the Director of
the VA Regional Processing Office of jurisdiction. If the VA General
Counsel's ruling on such legal issues necessitates reopening the
proceeding, that shall be done before the Committee makes its
recommendations to the Director of the VA Regional Processing Office of
jurisdiction. (Authority: 10 U.S.C. 16136(b); 38 U.S.C. 3034(a),
3241(a), 3689(d), 3690)

\(l\) *Rule 12*. The hearing will be open to the public. (Authority: 10
U.S.C. 16136(b); 38 U.S.C. 3034(a), 3241(a), 3689(d), 3690)

\(m\) *Rule 13*. The hearing will be conducted in an orderly manner with
dignity and decorum. The conduct of members of the Committee on
Educational Allowances, the VA Counsel, and any representatives of the
educational institution shall be characterized by appropriate
impartiality, fairness, and cooperation. The Chairperson of the
Committee shall take such action as may be necessary, including
suspension of the hearing or the removal of the offending person from
the hearing room for misbehavior, disorderly conduct, or the persistent
disregard of the Chairperson's ruling. Where this occurs, the
Chairperson will point out that the Committee is entitled to every
possible consideration in order that the case may be presented clearly
and fully, which may be accomplished only through observance of orderly
procedures. (Authority: 10 U.S.C. 16136(b); 38 U.S.C. 3034(a), 3241(a),
3689(d), 3690)

\(n\) *Rule 14*. The Chairperson of the Committee on Educational
Allowances will conduct the hearing proceedings in such a manner that
will protect from disclosure information which tends to disclose or
compromise investigative sources or methods or which would violate the
privacy of any individual. The salient facts, which form the basis of
charges, may be disclosed and discussed without revealing the source.
(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 3034(a), 3241(a), 3689(d),
3690)

\(o\) *Rule 15*. At the close of the hearing, the Chairperson of the
Committee on Educational Allowances shall inform the appropriate
representative of the educational institution that the arguments and the
evidence presented will be given careful consideration; and that notice
of the decision of the Director of the VA Regional Processing Office of
jurisdiction, together with the Committee's recommendations, will be
furnished to the educational institution and the VA Counsel at the
earliest possible time. The Chairperson will also indicate that notice
of the Director's decision will be published in the *Federal Register*
for the information of all other interested persons. (Authority: 10
U.S.C. 16136(b); 38 U.S.C. 3034(a), 3241(a), 3689(d), 3690)

\(p\) *Rule 16*. In making its findings of facts and recommendations,
the Committee on Educational Allowances will consider only questions
which are referred to it by the Director of the VA Regional Processing
Office of jurisdiction as being at issue and which are within the
jurisdiction of the Committee. (Authority: 10 U.S.C. 16136(b); 38 U.S.C.
3034(a), 3241(a), 3689(d), 3690)

\[63 FR 35834, July 1, 1998, as amended at 72 FR 16972, Apr. 5, 2007\]

**Supplement *Highlights* references**: 39(4), 73(1).

**§21.4215 Decision of Director of VA Regional Processing Office of
jurisdiction.**

\(a\) *Decision*. The Director of the VA Regional Processing Office of
jurisdiction will render a written decision on the issue or issues of
discontinuance or denial that were the subject of the Committee on
Educational Allowances proceedings. (Authority: 10 U.S.C. 16136(b); 38
U.S.C. 3034(a), 3241(a), 3689(d), 3690)

\(b\) *Basis of decision*.

\(1\) The decision of the Director of the VA Regional Processing Office
of jurisdiction will be based upon all admissible evidence of record,
including:

> \(i\) The recommendations of the Committee on Educational Allowances;
>
> \(ii\) The hearing transcript and the documents admitted in evidence;
> and
>
> \(iii\) The ruling on legal issues referred to appropriate authority.

\(2\) The decision will clearly describe the evidence and state the
facts on which the decision is based and, in the event that the decision
differs from the recommendations of the Committee on Educational
Allowances, will give the reasons and facts relied upon by the Director
in deciding not to follow the Committee majority's recommendations.
(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 3034(a), 3241(a), 3689(d),
3690)

\(c\) *Correction of deficiencies*. If the Director of the VA Regional
Processing Office of jurisdiction believes that the record provided for
review is incomplete or for any reason should be reopened, before
rendering a decision he or she will order VA staff to gather any
additional necessary evidence and will notify the educational
institution that it may comment upon the new evidence added. The
Director will then notify the educational institution as to whether the
matter will be resubmitted to the Committee on Educational Allowances
for further proceedings, on the basis of the new circumstances. If the
matter is referred back to the Committee, the Director will defer a
decision until he or she has received the Committee's new
recommendations based upon all of the evidence of record. (Authority: 10
U.S.C. 16136(b); 38 U.S.C. 3034(a), 3241(a), 3689(d), 3690)

\(d\) *Effective date*. If the decision of the Director of the VA
Regional Processing Office of jurisdiction is adverse to the educational
institution, the decision shall indicate specifically the effective date
of each adverse action covered by the decision. (Authority: 10 U.S.C.
16136(b); 38 U.S.C. 3034(a), 3241(a), 3689(d), 3690)

\(e\) *Notification of decision*.

\(1\) The Director of the VA Regional Processing Office of jurisdiction
shall send a copy of the decision to the educational institution by
certified mail, return receipt requested. A copy of the decision also
will be provided by regular mail to the institution's legal
representative of record, if any. If the decision is adverse to the
educational institution, the Director will enclose a notice of the
educational institution's right to have the Director, Education Service
review the decision.

\(2\) The Director of the VA Regional Processing Office of jurisdiction
will also send a copy of the decision to:

\(i\) The State approving agency; and

\(ii\) VA Counsel.

\(3\) The Director of the VA Regional Processing Office of jurisdiction
shall post a copy of the decision at the VA Regional Processing Office
of jurisdiction. A copy of the decision shall be published in the
*Federal Register*. (Authority: 10 U.S.C. 16136(b); 38 U.S.C. 3034(a),
3241(a), 3689(d), 3690)

\[63 FR 35836, July 1, 1998, as amended at 72 FR 16973, Apr. 5, 2007\]

**Supplement *Highlights* references**: 39(4), 73(1).

**§21.4216 Review of decision of Director of VA Regional Processing
Office of jurisdiction.**

\(a\) *Decision is subject to review by the Director, Education
Service*. At the request of the educational institution the Director,
Education Service will review a decision of a Director of a VA Regional
Processing Office of jurisdiction to discontinue payments; to disapprove
new enrollments or reenrollments; or to deny payment of benefits for
licensing or certification tests. This review will be based on the
evidence of record when the Director of the VA Regional Processing
Office of jurisdiction made that decision. It will not be de novo in
nature and no hearing on the issue will be held. When reviewing a
decision to deny payment for licensing or certification tests, the
Director, Education Service may seek the advice of the Professional
Certification and Licensure Advisory Committee established under 38
U.S.C. 3689(e). (Authority: 10 U.S.C. 16136(b); 38 U.S.C. 3034(a),
3241(a), 3689(d), (e), 3690)

\(b\) *Authority of Director, Education Service*. The Director,
Education Service has the authority to affirm, reverse, or remand the
original decision. In the case of such a review, the reviewing
official's decision, other than a remand, shall become the final
Department decision on the issue presented.

\(c\) *Notice of decision of Director, Education Service is required*.
Notice of the reviewing official's decision will be provided to the
interested parties and published in the *Federal Register*, in the same
manner as is provided in §21.4215(e) for decisions of the Director of
the VA Regional Processing Office of jurisdiction, for the information
of all concerned. (Authority: 10 U.S.C. 16136(b); 38 U.S.C. 3034(a),
3241(a), 3689(d), 3690)

\[63 FR 35836, July 1, 1998, as amended at 72 FR 16973, Apr. 5, 2007\]

**Supplement *Highlights* references**: 39(4), 73(1).

*Next Section is §21.4232*

Reserved

Reserved

**§21.4234 Change of program.**

\(a\) *Definition*.

\(1\) Except as provided in paragraph (a)(2) of this section, a change
of program consists of a change in the educational, professional, or
vocational objective for which the veteran or eligible person entered
training.

\(2\) VA does not consider any of the following to be changes of
program:

\(i\) A change in the type of courses needed to attain a vocational
objective;

\(ii\) A change in the individual's educational, professional or
vocational objective following the successful completion of the
immediately preceding program of education;

\(iii\) A return to the individual's prior program of education
following a change of program if the individual resumes training in the
program without any loss of credit or standing in that program;

\(iv\) An enrollment in a new program of education when that program
leads to a vocational, educational or professional objective in the same
general field as the immediately preceding program of education; or

\(v\) An enrollment or reenrollment of a servicemember seeking to be
paid tuition assistance top-up benefits to meet all or a portion of an
educational institution's charges for education or training that the
military department concerned has not covered under tuition assistance.
(Authority: 38 U.S.C. 3691)

\(b\) *Application.* A veteran or eligible person may request a change
of program by any form of communication. However, if the veteran or
eligible person does not furnish sufficient information to allow the
Department of Veterans Affairs to process the request, the Department of
Veterans Affairs will furnish the prescribed form for a change of
program to him or her for completion. (Authority: 38 U.S.C. 3471)

\(c\) *Optional change of program.* A veteran eligible to receive
educational assistance under Chapter 34 or a spouse or surviving spouse
eligible to receive educational assistance under Chapter 35 may make one
optional change of program if his or her previous course was not
interrupted due to his or her own misconduct, neglect or lack of
application. (Authority: 38 U.S.C. 3691(b))

\(d\) *Other changes of program.*

\(1\) The following changes of program may not be made solely at the
option of the veteran or eligible person. The Department of Veterans
Affairs must approve them before paying educational assistance
allowance:

\(i\) A second or subsequent change of program made by a veteran or
eligible spouse or surviving spouse,

\(ii\) An initial change of program made by a veteran or eligible spouse
or surviving spouse if the first program was interrupted or discontinued
due to his or her own misconduct, neglect or lack of application, or

\(iii\) Any change of program made by a child.

\(2\) The Department of Veterans Affairs will approve a change of
program listed in paragraph (d)(1) of this section if:

\(i\) The program of education which the veteran or eligible person
proposes to pursue is suitable to his or her aptitudes, interests and
abilities,

\(ii\) In any instance where the veteran or eligible person has
interrupted, or failed to progress in his or her program due to his or
her own misconduct, neglect or lack of application, there is a
reasonable likelihood with respect to the program the veteran or
eligible person proposes to pursue that there will not be a recurrence
of such an interruption or failure to progress, and

\(iii\) In the case of an eligible child the new program meets the
criteria applicable to final approval of an original application. See
§21.4230.

\(3\) The Department of Veterans Affairs may approve a third or
subsequent change of program if applicable conditions of paragraph
(d)(2) of this section are met and the additional change or changes are
necessitated by circumstances beyond the control of the veteran or
eligible person. Circumstances beyond the control of the veteran or
eligible person include, but are not limited to:

\(i\) The course being discontinued by the school when no other similar
course leading to the same objective is available within normal
commuting distance,

\(ii\) Unexpected financial difficulties preventing completion of the
last program because of the overall cost of the program needed to reach
the objective, or

\(iii\) The veteran or eligible person being required to relocate
because of health reasons in an area where training for the last
objective is not available within normal commuting distance. (Authority:
38 U.S.C 3691)

\(4\) Notwithstanding any provision of any other paragraph of this
section, if a third or subsequent change of program occurs after May 31,
1991, VA will apply only the applicable provisions of paragraph (d)(2)
of this section. If the applicable provisions of paragraph (d)(2) of
this section are met, VA will approve the change of program. VA will not
apply any of the provisions of paragraph (d)(3) of this section in
determining whether the change of program should be approved.
(Authority: 38 U.S.C. 3691; Pub. L. 101-366) (June 1, 1991)

\(e\) *Adjustments; transfers.* A change in courses or places of
training will not be considered a change of objective in the following
instances:

\(1\) The pursuit of the first program is a prerequisite for entrance
into and pursuit of a second program.

\(2\) A transfer from one school to another when the program at the
second school leads to the same educational, professional or vocational
objective, and does not involve a material loss of credit, or increase
training time.

\(3\) Revision of a program which does not involve a change of objective
or material loss of credit nor loss of time originally planned for
completion of the veteran's or eligible person's program. For example,
an eligible person enrolled for a bachelor of science degree may show a
professional objective such as chemist, teacher or engineer. His or her
objective for purposes of this paragraph shall be considered to be
"bachelor degree" and any change of courses will be considered only an
adjustment in the program, not a change, so long as the subjects he or
she pursues lead to the bachelor degree and there is no extension of
time in the attaining of that degree. (Authority: 38 U.S.C. 3691)

(The Office of Management and Budget has approved the information
collection provisions in this section under control numbers 2900-0074
and 2900-0099.)

**Cross reference:** Counseling. See §21.4100.

\[31 FR 6774, May 6, 1966, as amended at 34 FR 845, Jan. 18, 1969; 39 FR
34036, Sept. 23, 1974; 39 FR 45237, Dec. 31, 1974; 45 FR 67093, Oct. 9,
1980; 57 FR 29027, June 30, 1992; 57 FR 40614, Sept. 4, 1992; 60 FR
32272, June 21, 1995; 61 FR 6783, Feb. 22, 1996; 72 FR 16973, Apr. 5,
2007\]

**Supplement *Highlights* references**: 19(1), 23(1), 73(1).

**Courses**

**§21.4250 Course and licensing and certification test approval;
jurisdiction and notices.**

\(a\) *General*. The statements made in this paragraph are subject to
exceptions found in paragraph (c) of this section.

\(1\) If an educational institution offers a resident course in a State,
only the State approving agency for the State where the course is being
offered may approve the course for VA training. If the State approving
agency chooses to approve a resident course (other than a flight course)
not leading to a standard college degree, it must also approve the class
schedules of that course.

\(2\) If an educational institution with a main campus in a State offers
a resident course not located in a State, only the State approving
agency for the State where the educational institution's main campus is
located may approve the course for VA training. If the State approving
agency chooses to approve a resident course (other than a flight course)
not leading to a standard college degree, it must also approve the class
schedules of that course.

\(3\) If an educational institution offers a course by independent study
or by correspondence, only the State approving agency for the State
where the educational institution's main campus is located may approve
the course for VA training.

\(4\) If a training establishment offers a program of apprenticeship or
other on-job training, only the State approving agency for the State
where the training will take place may approve the course for VA
training.

\(5\) Except as provided in paragraph (a)(6)(ii) of this section, if a
State or political subdivision of a State offers a licensing test, only
the State approving agency for the State where the license will be valid
may approve the test for VA payment.

\(6\) (i) If an organization or entity offers a licensing or
certification test and applies for approval of that test, only the State
approving agency for the State where the organization or entity has its
headquarters may approve the test and the organization or entity
offering the test for VA payment. This approval will be valid wherever
the test is given.

\(ii\) If the organization or entity offering a licensing or
certification test does not apply for approval, and a State or political
subdivision of a State requires that an individual take the test in
order to obtain a license, the State approving agency for the State
where the license will be valid may approve the test for VA payment.
This approval will be valid for the purpose of VA payment only if the
veteran takes the test in the State or political subdivision of the
State where the license is valid.

\(7\) A course approved under 38 U.S.C. chapter 36 will be deemed to be
approved for purposes of 38 U.S.C. chapter 35.

\(8\) Any course that was approved under 38 U.S.C. chapter 33 (as in
effect before February 1, 1965), or under 38 U.S.C. chapter 35 before
March 3, 1966, and was not or is not disapproved for failure to meet any
of the requirements of the applicable chapters, will be deemed to be
approved for purposes of 38 U.S.C. chapter 36.

\(9\) VA may make tuition assistance top-up payments of educational
assistance to an individual to meet all or a portion of an educational
institution's charges for education or training that the military
department concerned has not covered under tuition assistance, even
though a State approving agency has not approved the course in which the
individual was enrolled. (Authority: 38 U.S.C. 3014(b), 3670, 3672(a))

\(b\) *State approving agencies.* Approval by State approving agencies
will be in accordance with the provisions of 38 U.S.C. Chapter 36 and
such regulations and policies as the agency may adopt not in conflict
therewith.

\(1\) *Notice of approval*.

\(i\) Each State approving agency must provide to VA:

> \(A\) A list of schools specifying which courses it has approved;
>
> \(B\) A list of licensing and certification tests and organizations
> and entities offering these tests that it has approved; and
>
> \(C\) Any other information that it and VA may determine to be
> necessary.
>
> \(ii\) The lists and information must be provided on paper or
> electronically as VA may require.

\(2\) *Notice of suspension of approval or disapproval.* Each State
approving agency will notify the Department of Veterans Affairs of the
suspension of approval or disapproval of any course or licensing or
certification test previously approved and will set forth the reasons
for such suspension of approval or disapproval. See §21.4259.
(Authority: 38 U.S.C. 3672(a))

\(3\) *Failure to act.* If notice has been furnished that the State
approving agency does not intend to act on the application of a school,
the school may request approval by the Department of Veterans Affairs.

\(c\) *Department of Veterans Affairs approval.*

\(1\) The Director, Vocational Rehabilitation and Employment Service may
approve special restorative training in excess of 12 months to overcome
or lessen the effects of a physical or mental disability to enable an
eligible child to pursue a program of education under 38 U.S.C. chapter
35.

\(2\) The Director, Education Service may approve:

\(i\) A course of education offered by any agency of the Federal
Government authorized under other laws to offer such a course;

\(ii\) A course of education to be pursued under 10 U.S.C. Chapter 1606
or 38 U.S.C. Chapters 30, 32, 35, or 36 offered by a school located in
the Canal Zone, Guam or Samoa;

\(iii\) Except as provided in §21.4150(d) as to the Republic of the
Philippines, a course of education to be pursued under 10 U.S.C. chapter
1606 or 38 U.S.C. chapter 30, 32, or 35 offered by an institution of
higher learning not located in a State;

\(iv\) Any course in any other school in accordance with the provisions
of 38 U.S.C. chapter 36;

\(v\) Any program of apprenticeship the standards for which have been
approved by the Secretary of Labor pursuant to section 50a of Title 29,
United States Code as a national apprenticeship program for operation in
more than one State and for which the training establishment is a
carrier directly engaged in interstate commerce and providing training
in more than one State; and

\(vi\) Any licensing or certification test and any organization or
entity offering such a test if:

> \(A\) The organization or entity is an agency of the Federal
> government;
>
> \(B\) The headquarters of the organization or entity offering the test
> is not located in a State; or
>
> \(C\) The State approving agency that would, under paragraph (a)(5) or
> (a)(6) of this section, have approval jurisdiction for the test has
> declined to perform the approval function for licensing or
> certification tests and the organizations or entities offering these
> tests. (Authority: 10 U.S.C. 16136; 38 U.S.C. 3034, 3241, 3476, 3523,
> 3672, 3673, 3689)

**Cross Reference**: *Designation*. See §21.4150.

(The Office of Management and Budget has approved the information
collection provisions in this section under control number 2900-0051.)

\[31 FR 6774, May 6, 1966, as amended at 35 FR 9816, June 16, 1970; 41
FR 30640, July 26, 1976; 44 FR 54707, Sept. 21, 1979; 48 FR 37990, Aug.
22, 1983; 51 FR 16317, May 2, 1986; 61 FR 20728, May 8, 1996; 62 FR
55760, Oct. 28, 1997; 66 FR 44053, Aug. 22, 2001; 73 FR 16973, Apr. 5,
2007\]

**Supplement *Highlights* reference**: 73(1)

**§21.4251 Minimum period of operation requirement for educational
institutions.**

The provisions of this section do not apply to licensing or
certification tests or to the organizations or entities offering those
tests. For information on the minimum period of operation requirement
that applies to licensing or certification tests, see §21.4268.

\(a\) *Definitions*. The following definitions apply to the terms used
in this section. The definitions in §21.4200 apply to the extent that no
definition is included in this paragraph.

\(1\) *Control*. The term *control* (including the term controlling)
means the possession, direct or indirect, of the power to direct or
cause the direction of the management and policies of a person, whether
through the ownership of voting securities, by contract, or otherwise.

\(2\) *Person*. The term *person* means an individual, corporation,
partnership, or other legal entity. (Authority: 38 U.S.C. 3680A(e))

\(b\) *Some educational institutions must be in operation for 2 years*.
Except as provided in paragraph (c) of this section, when a proprietary
educational institution offers a course not leading to a standard
college degree, VA may not approve an enrollment in that course if the
proprietary educational institution:

\(1\) Has been operating for less than 2 years;

\(2\) Offers the course at a branch or extension and the branch or
extension has been operating for less than 2 years; or

\(3\) Offers the course following either a change in ownership or a
complete move outside its original general locality, and the educational
institution does not retain substantially the same faculty, student
body, and courses as before the change in ownership or the move outside
the general locality unless the educational institution, after such
change or move, has been in operation for at least 2 years. (Authority:
38 U.S.C. 3680A(e) and (g))

\(c\) *Exception to the 2-year operation requirement*. Notwithstanding
the provisions of paragraph (b) of this section, VA may approve the
enrollment of a veteran, servicemember, reservist, or eligible person in
a course not leading to a standard college degree approved under this
subpart if it is offered by a proprietary educational institution that:

\(1\) Offers the course under a contract with the Department of Defense
or the Department of Transportation; and

\(2\) Gives the course on or immediately adjacent to a military base,
Coast Guard station, National Guard facility, or facility of the
Selected Reserve. (Authority: 38 U.S.C. 3680A(e) and (g))

\(d\) *Operation for 2 years*. VA will consider, for the purposes of
paragraph (b) of this section, that a proprietary educational
institution (or a branch or extension of such an educational
institution) will be deemed to have been operating for 2 years when the
educational institution (or a branch or extension of such an educational
institution):

\(1\) Has been operating as an educational institution for 24 continuous
months pursuant to the laws of the State(s) in which it is approved to
operate and in which it is offering the training; and

\(2\) Has offered courses continuously for at least 24 months inclusive
of normal vacation or holiday periods, or periods when the institution
is closed temporarily due to a natural disaster that directly affected
the institution or the institution's students. (Authority: 38 U.S.C.
3680A(e) and (g))

\(e\) *Move outside the same general locality*. A proprietary
educational institution (or a branch or extension thereof) will be
deemed to have moved to a location outside the same general locality of
the original location when the new location is beyond normal commuting
distance of the original location, i.e., 55 miles or more from the
original location. (Authority: 38 U.S.C. 3680A(e))

\(f\) *Change of ownership*.

\(1\) A change of ownership of a proprietary educational institution
occurs when:

> \(i\) A person acquires operational management and/or control of the
> proprietary educational institution and its educational activities; or
>
> \(ii\) A person ceases to have operational management and/or control
> of the proprietary educational institution and its educational
> activities.

\(2\) Transactions that may cause a change of ownership include, but are
not limited to the following:

> \(i\) The sale of the educational institution;
>
> \(ii\) The transfer of the controlling interest of stock of the
> educational institution or its parent corporation;
>
> \(iii\) The merger of 2 or more educational institutions; and
>
> \(iv\) The division of one educational institution into 2 or more
> educational institutions.

\(3\) VA considers that a change in ownership of an educational
institution does not include a transfer of ownership or control of the
institution, upon the retirement or death of the owner, to:

> \(i\) The owner's parent, sibling, spouse, child, spouse's parent or
> sibling, or sibling's or child's spouse; or
>
> \(ii\) An individual with an ownership interest in the institution who
> has been involved in management of the institution for at least 2
> years preceding the transfer. (Authority: 38 U.S.C. 3680A(e))

\(g\) *Substantially the same faculty, student body, and courses*. VA
will determine whether a proprietary educational institution has
substantially the same faculty, student body, and courses following a
change of ownership or move outside the same general locality by
applying the provisions of this paragraph.

\(1\) VA will consider that the faculty remains substantially the same
in an educational institution when faculty members who teach a majority
of the courses after the move or change in ownership, were so employed
by the educational institution before the move or change in ownership.

\(2\) VA will consider that the courses remain substantially the same at
an educational institution when:

> \(i\) Faculty use the same instructional methods during the term,
> quarter, or semester after the move or change in ownership as were
> used before the move or change in ownership; and
>
> \(ii\) The courses offered after the move or change in ownership lead
> to the same educational objectives as did the courses offered before
> the move or change in ownership.

\(3\) VA considers that the student body remains substantially the same
at an educational institution when, except for those students who have
graduated, all, or a majority of the students enrolled in the
educational institution on the last day of classes before the move or
change in ownership are also enrolled in the educational institution
after the move or change in ownership. (Authority: 38 U.S.C. 3680A(e)
and (f)(1))

\[31 FR 6774, May 6, 1966, as amended at 38 FR 10153, Apr. 25, 1973; 43
FR 35301, Aug. 9, 1978; 44 FR 62501, Oct. 31, 1979: 45 FR 43170, June
26, 1980; 48 FR 37990 and 37991, Aug. 22, 1983; 51 FR 9955, Mar. 24,
1986; 57 FR 29801, July 7, 1992; 57 FR 40614, Sept. 4, 1992; 61 FR
20728, May 8, 1996; 65 FR 81741, Dec. 27, 2000; 72 FR 16974, Apr. 5,
2007\]

**Supplement *Highlight* references**: 53(1), 73(1).

**§21.4252 Courses precluded; erroneous, deceptive, or misleading
practices.**

\(a\) *Bartending and personality development.* Enrollment will not be
approved in any bartending or personality development course.

\(b\) *Avocational and recreational.* Enrollment will not be approved in
any course which is avocational or recreational in character or the
advertising for which contains significant avocational or recreational
themes. The courses identified in paragraphs (b)(1), (2), and (3) of
this section are presumed to be avocational or recreational in character
and require justification for their pursuit.

\(1\) Any photography course or entertainment course, or

\(2\) Any music course, instrumental 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 institutions of higher learning for credit as an integral part of a
program leading to an educational objective, or

\(3\) Any other type of course which the Department of Veterans Affairs
determines to be avocational or recreational. (Authority: 38 U.S.C.
3523(a), 3680A(b))

\(4\) To overcome the presumption that a course is avocational or
recreational in character, the veteran or eligible person will be
required to establish that the course will be of bona fide use in the
pursuit of his or her present or contemplated business or occupation.

\(c\) *Flight training.* The Department of Veterans Affairs may approve
an enrollment in any of the following types of courses of flight
training if an institution of higher learning offers the course for
credit toward the standard college degree the veteran or eligible person
is pursuing. The Department of Veterans Affairs otherwise will not
approve an enrollment in:

\(1\) A course of flight training to obtain a private pilot's license or
equivalent level training; or

\(2\) Any course of flight training under Chapter 35. (Authority: 10
U.S.C. 16131(g); 38 U.S.C. 3034(d), 3241(b), 3523(b), 3680A(b))

\(d\) *Courses by radio.* Enrollment in such courses will not be
approved.

\(e\) *Correspondence courses*.

\(1\) VA will not approve the enrollment of an individual under 10
U.S.C. Chapter 1606 or 38 U.S.C. Chapter 30, 32, or 35 in a
correspondence course or the correspondence portion of a
correspondence-residence course unless the course is accredited and
meets the requirements of §§21.4253, 21.4256, and 21.4279, as
appropriate.

\(2\) VA will not approve the enrollment of an eligible child under 38
U.S.C. Chapter 35 in a correspondence course or the correspondence
portion of a correspondence-residence course. (Authority: 38 U.S.C.
3534(b))

\(f\) *Alternative teacher certification program*. VA will not approve
the enrollment of an eligible person under 38 U.S.C. Chapter 35 in an
alternative teacher certification program unless that program is offered
by an institution of higher learning as defined in §21.4200(h).
(Authority: 38 U.S.C. 3452(c), 3501(a)(6))

\(g\) *Independent study*.

\(1\) Effective October 29, 1992, VA may pay educational assistance to a
veteran who is enrolled in a nonaccredited course or unit subject
offered entirely or partly by independent study only if:

\(i\) Successful completion of the nonaccredited course or unit subject
is required in order for the veteran to complete his or her program of
education; and the veteran:

\(A\) Was receiving educational assistance on October 29, 1992, for
pursuit of the program of education of which the nonaccredited
independent study course or unit subject forms a part, and

\(B\) Has remained continuously enrolled in that program of education
from October 29, 1992, to the date the veteran enrolls in the
nonaccredited independent study course or unit subject; or

\(ii\) Was enrolled in and receiving educational assistance for the
nonaccredited independent study course or unit subject on October 29,
1992, and remains continuously enrolled in that course or unit subject.

\(2\) Whether or not the veteran is enrolled will be determined by the
regularly prescribed standards and practices of the educational
institution. (Authority: 38 U.S.C. 3680A; §313(b), Pub. L. 102-568, 106
Stat. 4331--4332)

\(h\) *Erroneous, deceptive, or misleading practices*. For the purposes
of this paragraph, "educational institution" includes an organization or
entity offering licensing or certification tests.

\(1\) If an educational institution uses advertising, sales, enrollment
practices, or candidate handbooks that are erroneous, deceptive, or
misleading by actual statement, omission, or intimation, VA will not
approve:

\(i\) An enrollment in any course such an educational institution
offers; and

\(ii\) Payment of educational assistance as reimbursement to a veteran
or eligible person for taking a licensing or certification test that the
educational institution offers.

\(2\) VA will use the services and facilities of the Federal Trade
Commission, where appropriate, under an agreement:

\(i\) To carry out investigations; and

\(ii\) To decide whether an educational institution uses advertising,
sales, or enrollment practices, or candidate handbooks, described in
paragraph (h)(1) of this section.

\(3\) Any educational institution offering courses approved for the
enrollment of veterans, reservists, and/or eligible persons, or offering
licensing or certification tests approved for payment of educational
assistance as reimbursement to veterans or eligible persons who take the
tests, must maintain a complete record of all advertising, sales
materials, enrollment materials, or candidate handbooks (and copies of
each) that the educational institution or its agents have used during
the preceding 12-month period. The State approving agency and VA may
inspect this record. The materials in this record shall include but are
not limited to:

\(i\) Any direct mail pieces,

\(ii\) Brochures,

\(iii\) Printed literature used by sales people,

\(iv\) Films, video cassettes and audio tapes disseminated through
broadcast media,

\(v\) Material disseminated through print media,

\(vi\) Tear sheets,

\(vii\) Leaflets,

\(viii\) Handbills,

\(ix\) Fliers, and

> \(x\) Any sales or recruitment manuals used to instruct sales
> personnel, agents or representatives of the educational institution.
> (Authority: 38 U.S.C. 3689, 3696)

\(i\) *Audited courses.* The school's certifications shall exclude
courses which are being audited by the veteran or eligible persons since
no educational assistance allowances shall be paid for such courses.
(Authority: 38 U.S.C. 3680(a))

\(j\) *Nonpunitive graded courses.* The school shall report any course
for which a nonpunitive grade is assigned and no payment shall be
authorized for such a course. If payment has already been made, in whole
or in part by the Department of Veterans Affairs at the time the grade
is assigned, an overpayment shall be created against the account of the
student for such a course, unless the Department of Veterans Affairs
determines there are mitigating circumstances. (Authority: 38 U.S.C.
3680(a))

\(k\) *Courses with suspended approval.* When a State approving agency
has suspended the approval of a course for new enrollments, new
enrollments in the course shall not be approved until the suspense is
lifted. If the State approving agency does not lift the suspense, but
disapproves the course instead, new enrollments beginning on or after
the date the suspense was effective shall not be approved. See §21.4259.
(Authority: 38 U.S.C. 3672(a))

\(l\) *Courses taken by a nonmatriculated student who* is *pursuing a
degree.* The provisions of this paragraph apply to veterans and eligible
persons who are pursuing a degree, but who have not matriculated. The
Department of Veterans Affairs considers a student to have matriculated
when he or she has been formally admitted to a college or university as
a degree-seeking student.

\(1\) Some colleges or universities admit students provisionally,
pending receipt of test results or transcripts. The Department of
Veterans Affairs may approve such a veteran's or eligible person's
enrollment in a course or subject only if the veteran or eligible person
matriculates during the first two terms, quarters or semesters following
his or her admission.

\(2\) The first portion of the courses leading to a single degree may be
offered at one college or university. The remaining courses are not
offered at the college or university, but are offered at a second
college or university which grants the degree based upon the combined
credits earned by the student. If the student is not required to
matriculate during the portion of the program offered at the first
college or university, VA may approve an enrollment in a course or
subject that is part of that portion of the program only when the
certifications described in either paragraph (l)(2)(i) or (ii) of this
section are made.

\(i\) The college or university granting the degree certifies
concurrently with the student's enrollment in the first portion of the
program, that:

\(A\) Full credit will be granted for the subjects taken in the portion
of the curriculum offered at the first college or university;

\(B\) In the last 5 years at least three students who have completed the
first part of the program have been accepted into the second part of the
program;

\(C\) At least 90 percent of those who have applied for admission to the
second part of the program, after successfully completing the first
part, have been admitted;

\(D\) The student will be required to matriculate during the first two
terms, quarters or semesters following his or her admission to the
second part of the program.

\(ii\) The college or university offering the first part of the program:

\(A\) Certifies to the appropriate State approving agency that as a
result of an agreement between that college or university and the
college or university offering the second part of the program, all of
the courses taken by the veteran or eligible person in the first part of
the program, will be accepted by the college or university offering the
second part of the program without any loss of credit in partial
fulfillment of the requirements for an associate or higher degree. This
certification may be made once for each program for which an agreement
exists.

\(B\) Certifies to VA that the veteran or eligible person has stated to
an appropriate official of the college or university offering the first
part of the program that he or she is pursuing the program.

\(3\) The first portion of the subjects or courses in a baccalaureate
program beyond those necessary for an associate degree may be given at a
2-year college, while the remainder may be offered at a 4-year college
or university. When the college or university does not require the
student to matriculate while pursuing the additional study at the 2-year
college, VA may approve an enrollment in a course offered in the program
at the 2-year college only if the certifications described in either
paragraph (l)(3)(i) or (ii) of this section are made.

\(i\) The college or university granting the baccalaureate degree
certifies that:

\(A\) Full credit is granted for the course upon the student's transfer
to the college or university granting the baccalaureate degree,

\(B\) The courses taken at the 2-year college will be acceptable in
partial fulfillment for the baccalaureate degree, and

\(C\) The student will be required to matriculate during the first two
terms, quarters or semesters following his or her admission to the
college or university granting the baccalaureate degree.

\(ii\) Either the 2-year college or the college or university granting
the baccalaureate degree:

\(A\) Certifies to the appropriate State approving agency that as a
result of agreement between the 2-year college and the college or
university offering the baccalaureate degree all of the courses pursued
beyond the associate degree will be accepted without any loss of credit
in partial fulfillment of the requirements for a baccalaureate degree.
This certification may be made once for each program for which an
agreement exists.

\(B\) Certifies to VA that the veteran or eligible person is enrolled in
courses covered by the agreement.

\(4\) Except as provided in paragraphs (l)(1), (2), and (3) of this
section, the Department of Veterans Affairs will not approve a veteran's
or eligible person's enrollment in a course or subject if the veteran or
eligible person:

\(i\) Is pursuing a degree, and

\(ii\) Is not matriculated.

\(5\) Nothing in this paragraph shall prevent a State approving agency
from including more restrictive matriculation requirements in its
approval criteria. (Authority: 38 U.S.C. 3452)

\(m\) *Courses offered under contract*. VA may not approve the
enrollment of a veteran, servicemember, reservist, or eligible person in
a course as a part of a program of education offered by any educational
institution if the educational institution or entity providing the
course under contract has not obtained a separate approval for the
course in the same manner as for any other course as required by
§§21.4253, 21.4254, 21.4256, 21.4257, 21.4260, 21.4261, 21.4263,
21.4264, 21.4265, 21.4266, or 21.4267, as appropriate. (Authority: 38
U.S.C. 3680A(f) and (g))

(The Office of Management and Budget has approved the information
collection provisions in this section under control numbers 2900-0073,
2900-0156, and 2900-0682.)

\[31 FR 6774, May 6, 1966, as amended at 32 FR 13404, Sept. 23, 1967; 35
FR 9817, June 16, 1970; 40 FR 31763, July 29, 1975; 43 FR 35302, Aug. 9,
1978; 45 FR 31063, June 12, 1980; 48 FR 14379, Apr. 4, 1983; 48 FR
37991, Aug. 22, 1983, 49 FR 5116, Feb. 10 1984; 49 FR 8439, Mar. 7,
1984; 51 FR 19331 May 29, 1986; 55 FR 28028, July 9, 1990; 61 FR 6783,
Feb. 22, 1996; 61 FR 26114, May 24, 1996; 61 FR 29296, June 10, 1996; 65
FR 81742, Dec. 27, 2000; 72 FR 16974, Apr. 5, 2007\]

**Supplement *Highlights* references**: 23(1), 27(1, 3), 53(1), 73(1).

Reserved

**§21.4258 Notice of approval.**

\(a\) *General; letter of approval and other notice of approval
requirements*. The State approving agency, upon determining that an
educational institution, training establishment, or organization or
entity offering a licensing or certification test has complied with all
the requirements for approval will:

\(1\) Notify by letter, as described in paragraph (b) of this section,
each such educational institution, training establishment, or
organization or entity offering a licensing or certification test; and

\(2\) Furnish VA an official copy of the letter, any attachments, and
any subsequent amendments. In addition, the State approving agency will
furnish VA a copy of each such:

\(i\) Educational institution's approved catalog or bulletin;

\(ii\) Training establishment's application requesting approval; or

\(iii\) Organization's or entity's candidate handbook.

\(b\) *Contents of letter of approval*. The letter of approval will
include the following:

\(1\) For an educational institution:

> \(i\) Date of the letter and effective date of approval of courses;
>
> \(ii\) Proper address and name of the educational institution;
>
> \(iii\) Authority for approval and conditions of approval, referring
> specifically to the approved catalog or bulletin;
>
> \(iv\) Name of each course approved, except that a State approving
> agency, in lieu of listing the name of each course approved at an
> institution of higher learning, may identify approved courses by
> reference to page numbers in the school catalog or bulletin;
>
> \(v\) Where applicable, enrollment limitations, such as maximum number
> of students authorized and student-teacher ratio;
>
> \(vi\) Signature of responsible official of State approving agency;
> and
>
> \(vii\) Such other fair and reasonable provisions as are considered
> necessary by the appropriate State approving agency.

\(2\) For a training establishment:

> \(i\) Date of the letter and effective date of approval of the
> apprentice or other on-the-job training;
>
> \(ii\) Proper address and name of the training establishment;
>
> \(iii\) Authority for approval and conditions of approval;
>
> \(iv\) Name of the approved program of apprenticeship or other
> on-the-job training;
>
> \(v\) Where applicable, enrollment limitations, such as maximum number
> of trainees authorized;
>
> \(vi\) Such other fair and reasonable provisions as are considered
> necessary by the appropriate State approving agency; and
>
> \(vii\) Signature of responsible official of State approving agency.

\(3\) For an organization or entity offering a licensing or
certification test:

> \(i\) Date of the letter and effective date of approval of test(s);
>
> \(ii\) Proper name of the organization or entity offering the
> licensing or certification test(s);
>
> \(iii\) Name of each test approved indicating whether it is a
> licensing test or certification test;
>
> \(iv\) Where applicable, enrollment limitations such as maximum
> numbers authorized and test taker-test proctor ratio; and
>
> \(v\) Signature of responsible official of State approving agency.
> (Authority: 38 U.S.C. 3672, 3678, 3689)

\(c\) *Compliance with equal opportunity laws.*

\(1\) The State approving agency shall solicit assurance of compliance
with:

\(i\) Title VI, Civil Rights Act of 1964,

\(ii\) Title IX, Education Amendments of 1972, as amended,

\(iii\) Section 504, Rehabilitation Act of 1973,

\(iv\) The Age Discrimination Act of 1975, and

\(v\) All Department of Veterans Affairs regulations adopted to carry
out these laws.

\(2\) The State approving agency shall solicit this assurance from:

\(i\) Proprietary vocational, trade, technical, or other institutions
and such schools not a part of a public elementary or secondary school.

\(ii\) All other educational institutions which the Department of
Education has not determined to be in compliance with the equal
opportunity laws listed in paragraph (c)(1) of this section.

\(3\) Whenever a State approving agency forwards to VA a Notice of
Approval for a course offered by an institution described in paragraph
(c)(2) of this section, it shall also forward the institution's signed
statement of compliance with these equal opportunity laws. (20 U.S.C.
1681, *et seq*.; 29 U.S.C. 794; 38 U.S.C. 501, 3671; 42 U.S.C. 2000d,
6101, *et seq*.; 38 CFR parts 18, 18a, 18b)

(The Office of Management and Budget has approved the information
collection provisions in this section under control number 2900-0051.)

\[31 FR 6774, May 6, 1966, as amended at 32 FR 3979, Mar. 11, 1967; 32
FR 13405, Sept. 23, 1967; 51 FR 26158, July 21, 1986; 72 FR 16974, Apr.
5, 2007\]

**Supplement *Highlights* reference**: 73(1)

**§21.4259 Suspension or disapproval.**

\(a\) The appropriate State approving agency, after approving any course
or licensing or certification test:

\(1\) May suspend the approval of a course for new enrollments, or
approval of a licensing or certification test, for a period not to
exceed 60 days to allow the institution to correct any deficiencies, if
the evidence of record establishes that the course or licensing or
certification test fails to meet any of the requirements for approval.

\(2\) Will immediately disapprove the course or licensing or
certification test, if any of the requirements for approval are not
being met and the deficiency cannot be corrected within a period of 60
days.

\(3\) Upon suspension or disapproval, the State approving agency will
notify the educational institution by certified or registered letter
with a return receipt secured (38 U.S.C. 3679). It is incumbent upon the
State approving agency to determine the conduct of courses and to take
immediate appropriate action in each case in which it is found that the
conduct of a course in any manner fails to comply with the requirements
for approval.

\(b\) Each State approving agency will immediately notify VA of each
course, or licensing or certification test, that it has suspended or
disapproved.

\(c\) The Department of Veterans Affairs will suspend approval for or
disapprove courses or licensing or certification tests under conditions
specified in paragraph (a) of this section where it functions for the
State approving agency. See §21.4150(c).

\(d\) The Department of Veterans Affairs will immediately notify the
State approving agency in each case of Department of Veterans Affairs
suspension or disapproval of any school under 38 U.S.C. chapter 31.
(Authority: 38 U.S.C. 3679, 3689)

(The Office of Management and Budget has approved the information
collection provisions in this section under control number 2900-0051.)

\[41 FR 30640, July 26, 1976, as amended at 72 FR 16975, Apr. 5, 2007\]

**Supplement *Highlights* reference**: 73(1)

Reserved

**§21.4260 Courses in foreign countries.**

\(a\) *Approval of postsecondary courses in foreign countries.*

\(1\) In order to be approved a postsecondary course offered in a
foreign country must meet all the provisions of this paragraph. A course
offered by a foreign medical school (other than one located in Canada)
must also meet all of the provisions of paragraph (b) of this section.

\(i\) The educational institution offering the course is an institution
of higher learning, and

\(ii\) The course leads to a standard college degree or its equivalent.

\(2\) For the purpose of this paragraph, a degree is the equivalent of a
standard college degree when the program leading to the degree has the
same entrance requirements as one leading to a degree granted by a
public degree-granting institution of higher learning in that country.

\(b\) *Approval of courses offered by a foreign medical school.* In
addition to meeting all the criteria stated in paragraph (a) of this
section, a course offered by a foreign medical school (other than one
located in Canada) must also meet all of the following criteria:

\(1\) The school satisfies the criteria for listing as a medical school
in the World Directory of Medical Schools published by the World Health
Organization (WHO).

\(2\) The evaluating bodies (such as medical associations or educational
agencies) whose views are considered relevant by the Director, Education
Service, and which are located in the same country as the school:

\(i\) Recognize the school as a medical school, and

\(ii\) Approve the school.

\(3\) The school provides, and in the normal course requires its
students to complete, a program of clinical and classroom instruction at
least 32 months long. This program must be:

\(i\) Supervised closely by members of the school's faculty, and

\(ii\) Provided either.

\(A\) Outside the United States in facilities adequately equipped and
staffed to afford students comprehensive clinical and classroom medical
instruction, or

\(iii\) The branch or extension is able to furnish to the Department of
Veterans Affairs without resort to the parent school all reports and
certifications required by §§21.4203 and 21.4204;

\(iv\) The branch or extension maintains a local mailing address.

\(2\) Notwithstanding any other provisions of this paragraph courses may
be approved separately at a branch or extension without administrative
capability if the parent facility within the same State:

\(i\) Maintains a centralized recordkeeping system;

\(ii\) Can identify the records of students at each branch;

\(iii\) Specifies the branch location when certifying enrollments.
(Authority: 38 U.S.C. 3672, 3689(c))

**Cross Reference**: *Minimum period of operation requirement for
educational institutions*. See §21.4251.

\[43 FR 35303, Aug. 9, 1978, as amended at 44 FR 62503, Oct. 31, 1979;
61 FR 26115, May 24, 1996; 72 FR 16975, Apr. 5, 2007\]

**Supplement *Highlights* references**: 27(1), 73(1).

**§21.4267 Approval of independent study.**

\(a\) *Overview*. Except as provided in §§21.4252(g), 21.7120(c), and
21.7622(f), VA may not pay educational assistance for a nonaccredited
course which is offered in whole or in part by independent study. Hence,
it is necessary to differentiate independent study from similar courses.
(Authority: 38 U.S.C. 3014, 3523, 3672, 3676(e), 3680A(a))

\(b\) *Definition of independent study*.

\(1\) VA considers a course to be offered entirely by independent study
when:

\(i\) It consists of a prescribed program of study with provision for
interaction between the student and the regularly employed faculty of
the institution of higher learning. The interaction may be personally or
through use of communications technology, including mail, telephone,
videoconferencing, computer technology (to include electronic mail), and
other electronic means;

> \(ii\) It is offered without any regularly scheduled, conventional
> classroom or laboratory sessions; and
>
> \(iii\) It is not a course listed in paragraph (c), (d), or (e) of
> this section.

\(2\) VA considers a course to be offered in part by independent study
when:

> \(i\) It is an undergraduate course;
>
> \(ii\) It is not classified as one of the three types of courses
> listed in paragraph (c) of this section;
>
> \(iii\) It has some weeks when standard class sessions are scheduled;
> and
>
> \(iv\) It consists of independent study as defined in paragraph (b)(1)
> of this section during those weeks when there are no regularly
> scheduled class sessions. (Authority: 38 U.S.C. 3523, 3676(e),
> 3680A(a))

\(c\) *Scope of independent study*. VA does not consider any of the
following courses to be courses offered by independent study.

\(1\) A cooperative course as defined in §21.4233(a);

\(2\) A farm cooperative course; or

\(3\) A course approved as a correspondence course. (Authority: 38
U.S.C. 3676(e), 3680A(a))

\(d\) *Undergraduate resident training*. VA considers the following
undergraduate courses to be resident training.

\(1\) A course which meets the requirements for resident institutional
training found in §21.4265(f);

\(2\) A course which requires regularly scheduled, standard class
sessions at least once every two weeks and which has a total number of
class sessions equal to the number of credit hours awarded for the
course, times the number of weeks in a standard quarter or semester, as
applicable;

\(3\) A course of student teaching; and

\(4\) Flight training which is an integral part of a standard
undergraduate college degree.

\(e\) *Graduate resident training*. VA considers a graduate course to be
resident training if the course:

\(1\) Is offered through regularly scheduled, conventional classroom or
laboratory sessions; or

\(2\) Consists of research (either on campus or in absentia) necessary
for the preparation of the student's:

\(i\) Master's thesis,

\(ii\) Doctoral dissertation, or

\(iii\) Similar treatise which is prerequisite to the degree being
pursued; or

\(3\) Consists of a combination of training as described in paragraphs
(e)(1) and (e)(2) of this section. (Authority: 38 U.S.C. 3676(e),
3680A(a))

\(f\) *Course approval*. A State approving agency may approve a course
offered by independent study or a combination of independent study and
resident training only if:

\(1\) The course is accredited and leads to a standard college degree;
and

\(2\) The course meets the requirements of §21.4253. (Authority: 38
U.S.C. 3672, 3675, 3680A(a)(4))

\[61 FR 6783, Feb. 22, 1996, as amended at 62 FR 40280, July 28, 1997\]

**Supplement *Highlights* references**: 23(1), 33(1).

**§21.4268 Approval of licensing and certification tests.**

\(a\) *Authority to approve licensing and certification tests*.

\(1\) Except for approval of the licensing and certification tests and
the organizations or entities offering these tests that, as provided in
§21.4250(c)(2), are VA's responsibility, the Secretary of Veterans
Affairs delegates to each State approving agency the authority, within
the respective State approving agency's jurisdiction provided in
§21.4250(a), to approve licensing and certification tests and to approve
the organizations or entities offering licensing and certification
tests.

\(2\) The Secretary of Veterans Affairs delegates to the Under Secretary
for Benefits, and to personnel the Under Secretary for Benefits may
designate within the Education Service of the Veterans Benefits
Administration, the authority to approve the licensing and certification
tests and the organizations or entities offering these tests that, as
provided in §21.4250(c)(2)(vi), are VA's responsibility. (Authority: 38
U.S.C. 512(a), 3689(a)(2))

\(b\) *Approval of tests*.

\(1\) If an organization or entity wants a licensing or certification
test that it offers to be approved for payment of educational
assistance, it must apply for approval to the State approving agency
having jurisdiction over the locality where the organization or entity
has its headquarters. The application must be in the form the State
approving agency requires.

\(2\) In order to be approved for payment of educational assistance to
veterans and eligible persons, a licensing or certification test must
meet the requirements of paragraph (b) of this section, and the
organization or entity offering the test must meet the requirements of
paragraph (c) of this section and, if appropriate, the requirements of
paragraph (d) of this section.

\(i\) The State approving agency may approve a licensing or
certification test only if:

\(A\) The test is required under Federal, State, or local law or
regulation for an individual to enter into, maintain, or advance in
employment in a predetermined and identified vocation or profession; or

\(B\) The State approving agency decides that the test is generally
accepted, in accordance with relevant government, business, or industry
standards, employment policies, or hiring practices, as attesting to a
level of knowledge or skill required to qualify to enter into, maintain,
or advance in employment in a predetermined and identified vocation or
profession.

\(ii\) If a State or political subdivision of a State offers a licensing
or certification test, the State approving agency will deem the test to
have met the requirements of paragraph (b) of this section.

\(3\) In considering whether the test is generally accepted, a State
approving agency may consider the following:

\(i\) The nature and number of the entities that recognize the
certificate awarded to candidates who pass the test;

\(ii\) The degree to which employers in the relevant industry accept the
certification test;

\(iii\) Whether major employers in an industry require that their
employees obtain the certificate awarded to candidates who pass the
test;

\(iv\) The percentage of people employed in the vocation or profession
who have taken the test and obtained the certificate; or

\(v\) Any other reasonable criterion that the State approving agency
believes will clarify whether the test is generally accepted.

\(4\) Generally, if a State approving agency approves a certification
test, VA will consider that the test is approved for any veteran or
eligible person even if he or she takes the test at a location outside
the State where the organization or entity offering the test has its
headquarters. However, a certification test approval is valid only in
the State where the State approving agency has jurisdiction if:

\(i\) A State licensing agency recognizes the certification test as
meeting a requirement for a license and has sought approval for that
test; and

\(ii\) The State approving agency for the State where the licensing
agency is located approves that test. (Authority: 38 U.S.C. 3689)

\(c\) *Approval of organizations or entities offering licensing or
certification tests*. An organization or entity must meet the
requirements of this paragraph and, if a nongovernmental organization,
of paragraph (d) of this section, in order for the State approving
agency to approve a licensing or certification test that the
organization or entity offers for payment of educational assistance to
veterans and eligible persons who take the test. The organization or
entity must:

\(1\) Maintain appropriate records with respect to all candidates who
take the test for a period of not less than three years from the date
the organization or entity administers the test to the candidates;

\(2\) Promptly issue notice of the results of the test to the candidate
for the license or certificate;

\(3\) Have a process to review complaints submitted against the
organization or entity with respect to the test or the process for
obtaining a license or certificate required for a vocation or
profession;

\(4\) Give to the State approving agency the following information:

\(i\) A description of the licensing or certification test that the
organization or entity offers, including the purpose of the test, the
vocational, professional, governmental, and other entities that
recognize the test, and the license or certificate issued upon passing
the test;

\(ii\) The requirements to take the test, including the amount of the
fee charged for the test and any prerequisite education, training,
skills, or other certification; and

\(iii\) The period for which the license or certificate is awarded is
valid, and the requirements for maintaining or renewing the license or
certificate; and

\(5\) Agree to give the following information to VA at VA's request:

\(i\) The amount of the fee a candidate pays to take a test;

\(ii\) The results of any test a candidate takes; and

\(iii\) Personal identifying information of any candidate who applies
for reimbursement from VA for a test. (Authority: 38 U.S.C. 3689(c))

\(d\) *Approval of nongovernmental organizations or entities offering
certification tests*.

\(1\) In addition to complying with the requirements of paragraph (c) of
this section, a nongovernmental organization or entity must meet the
requirements of paragraph (d) of this section before a certification
test it offers can be approved for payment of educational assistance to
veterans and eligible persons who take the test. Except as provided in
paragraphs (d)(3) and (d)(4) of this section, the organization or
entity:

\(i\) Certifies to the State approving agency that the licensing or
certification test offered by the organization or entity is generally
accepted, in accordance with relevant government, business, or industry
standards, employment policies, or hiring practices, as attesting to a
level of knowledge or skill required to qualify to enter into, maintain,
or advance in employment in a predetermined and identified vocation or
profession;

\(ii\) Is licensed, chartered, or incorporated in a State and has
offered the test for a minimum of two years before the date on which the
organization or entity first submits to the State approving agency an
application for approval under this section;

\(iii\) Employs, or consults with, individuals with expertise or
substantial experience with respect to all areas of knowledge or skill
that are measured by the test and that are required for the license or
certificate issued; and

\(iv\) Has no direct financial interest in:

\(A\) The outcome of the test; or

\(B\) An organization that provides the education or training of
candidates for licenses or certificates required for a vocation or
profession.

\(2\) At the request of the State approving agency, the organization or
entity seeking approval for a licensing or certification test must give
such information to the State approving agency as the State approving
agency decides is necessary to perform an assessment of:

\(i\) The test the organization or entity conducts as compared to the
level of knowledge or skills that a license or certificate attests; and

\(ii\) The applicability of the test over such periods of time as the
State approving agency decides is appropriate.

\(3\) The provisions of paragraph (d)(1)(ii) of this section will not
prevent the approval of a test if the organization or entity has offered
a reasonably related test for at least two years.

\(4\) The provisions of paragraph (d)(1)(iv) of this section will not
prevent the approval of a test if the organization or entity:

\(i\) Offers a sample test or preparatory materials to a candidate for
the test but does not otherwise provide preparatory education or
training to the candidate; or

\(ii\) Has a financial interest in an organization that provides
preparatory education or training of a candidate for a test, but that
test is advantageous in but not required for practicing a vocation or
profession. (Authority: 38 U.S.C. 3689(c))

\(e\) *Notice of approval and withdrawal of approval*. The State
approving agency must provide notice of an approval of a test as
required in §21.4250(b). If the State approving agency wishes to
withdraw approval of a test, it must follow the provisions of §21.4259.
(Authority: 38 U.S.C. 3689(d))

\(f\) *A decision to disapprove a test or an organization or entity
offering a test may be reviewed*.

\(1\) If an organization or entity offering a test disagrees with a
State approving agency's decision to disapprove a test or to disapprove
the organization or entity offering the test, it may seek a review of
the decision from the Director, Education Service. If the Director,
Education Service has acted as the State approving agency, the
organization or entity may seek a review of the decision from the Under
Secretary for Benefits.

\(2\) The organization or entity must make its request for a review in
writing to the State approving agency. The State approving agency must
receive the request within 90 days of the date of the notice to the
organization or entity that the test or the organization or entity is
disapproved.

\(3\) The review will be based on the evidence of record at the time the
State approving agency made its initial decision. It will not be de novo
in character.

\(4\) The Director, Education Service or the Under Secretary for
Benefits may seek the advice of the Professional Certification and
Licensure Advisory Committee, established under 38 U.S.C. 3689(e), as to
whether the State approving agency's decision should be reversed.

\(5\) The decision of the Director, Education Service or the Under
Secretary for Benefits is the final administrative decision. It will not
be subject to further administrative review. (Authority: 38 U.S.C. 3689)

(The Office of Management and Budget has approved the information
collection provisions in this section under control number 2900-0697.)

\[72 FR 16975, Apr. 5, 2007\]

**Supplement *Highlights* reference**: 73(1)

# Next Section is §21.4270 

Reserved

**Assessment and Pursuit of Courses**

**§21.4270 Measurement of courses.**

\(a\) *Measurement of trade, technical, and high school courses*. Trade,
technical, high school, and high school preparatory courses shall be
measured as stated in this paragraph.

\(1\) *Trade and technical courses*.

\(i\) Except as provided in paragraph (b) of this section, if shop
practice is an integral part of a trade or technical course not leading
to a standard college degree:

\(A\) A full-time enrollment is 22 clock hours per week (exclusive of
supervised study) with not more than 2-1/2 hours rest period allowance;

\(B\) A three-quarter-time enrollment is 16 through 21 clock hours per
week (exclusive of supervised study) with not more than 2 hours rest
period allowance;

\(C\) A one-half-time enrollment is 11 through 15 clock hours per week
(exclusive of supervised study) with not more than 1-1/4 hours rest
period allowance;

\(D\) A less than one-half-time but more than one-quarter-time
enrollment is 6 through 10 clock hours per week (exclusive of supervised
study) with not more than 3/4 hour rest period allowance; and

\(E\) A quarter-time enrollment is 1 through 5 clock hours per week
(exclusive of supervised study).

\(ii\) Except as provided in paragraph (b) of this section, if theory
and class instruction constitute more than 50 percent of the required
hours in a trade or technical course not leading to a standard college
degree, enrollments will be measured as follows. In measuring net
instruction there will be included customary intervals not to exceed 10
minutes between classes. Shop practice and rest periods are excluded.
Supervised instruction periods in a school's shops and the time involved
in field trips and group instruction may be included in computing the
clock hour requirements.

\(A\) A full-time enrollment is 18 clock hours net instruction per week
(exclusive of supervised study);

\(B\) A three-quarter-time enrollment is 13 through 17 clock hours net
instruction per week (exclusive of supervised study);

\(C\) A one-half-time enrollment is 9 through 12 clock hours net
instruction per week (exclusive of supervised study);

\(D\) A less than one-half-time but more than one- quarter-time
enrollment is 5 through 8 clock hours net instruction per week
(exclusive of supervised study); and

\[44 FR 62503, Oct. 31, 1979, as amended at 45 FR 73479, Nov. 5, 1980;
48 FR 37992, Aug. 22, 1983; 50 FR 21605, May 28, 1985; 50 FR 43135, Oct.
24, 1985; 54 FR 48549, Dec. 1, 1988; 54 FR 33891, Aug. 17, 1989; 57 FR
29804, July 7, 1992; 61 FR 6784, Feb. 22, 1996; 62 FR 55760, Oct. 28,
1997\]

**Supplement *Highlights* reference**: 23(1)

*Next Section is §21.4272*

**§21.4272 Collegiate course measurement.**

VA will measure a college level course in an institution of higher
learning on a credit-hour basis provided all the conditions under
paragraph (a) or (b) of this section are met. See also §21.4273.
(Authority: 38 U.S.C. 3688)

\(a\) *Degree courses---accredited or candidate.* VA will measure a
degree course on a credit-hour basis when:

\(1\) An institution of higher learning offers the course; and

\(2\) A nationally recognized accrediting association either:

\(i\) Accredits the institution of higher learning, or

\(ii\) Recognizes the institution as a candidate for accreditation; and

\(3\) The credits earned in the course can be applied towards an
associate, baccalaureate or higher degree which is:

> \(i\) Appropriate to the level of the institution of higher learning's
> accreditation, or
>
> \(ii\) Appropriate to the level of the institution of higher
> learning's candidacy for accreditation; and

\(4\) The course is offered on a semester-hour or quarter-hour basis,
and

\(5\) The degree to which the course credits are applicable either:

\(i\) Is granted by the institution of higher learning offering the
course,

\(ii\) Is a part of a concurrent enrollment as described in §21.4233(b),
or

\(iii\) Is being pursued by a nonmatriculated student as provided in
§21.4252(l)(1), (2) or (3).

\(b\) *Degree courses---nonaccredited.* VA will measure on a credit-hour
basis a degree course which does not meet the requirements of paragraph
(a) of this section when:

\(1\) The course is offered on a semester- or quarter-hour basis, and

\(2\) The course leads to an associate, baccalaureate, or higher degree,
which is granted by the school offering the degree under authority
specifically conferred by a State education agency, and

\(3\) The school will furnish a letter from a State university or
letters from three schools that are full members of a nationally
recognized accrediting association. In each letter the State university
or accredited school must certify either:

\(i\) That credits have been accepted on transfer at full value without
reservation, in partial fulfillment of the requirements for a
baccalaureate or higher degree for at least three students within the
last 5 years, and that at least 40 percent of the subjects within each
curriculum, for which credit-hour measurement is sought, has been
accepted without reservation by the certifying State university or
accredited school, or

\(ii\) That in the last 5 years at least three students, who have
received a baccalaureate or higher degree as a result of having
completed the nonaccredited course, have been admitted without
reservation into a graduate or advanced professional program offered by
the certifying State university or accredited school. (Authority: 38
U.S.C. 3688(b))

\(c\) \[Reserved\]

\(d\) *Course measurement general.* When an undergraduate course
qualifies for credit-hour measurement, VA will measure it according to
the table contained in §21.4270(c) of this part. (Authority: 38 U.S.C.
3688(a); Pub. L. 99-576)

\(e\) \[Removed and reserved\]

\(f\) \[Removed and reserved\]

\(g\) *Course measurement; nonstandard terms.*

\(1\) When a term is not a standard semester or quarter as defined in
§21.4200(b), the Department of Veterans Affairs will determine the
equivalent for full-time training by:

\(i\) Multiplying the credits to be earned in the term by 18 if credit
is granted in semester hours, or by 12 if credit is granted in quarter
hours, and

\(ii\) Dividing the product by the number of whole weeks in the term.

\(2\) In determining whole weeks for this formula VA will:

\(i\) Determine the number of days from the beginning to the end of the
term as certified by the educational institution, subtracting any
vacation period of 7 days or more;

\(ii\) Divide the number of days in the term by 7;

\(iii\) Disregard a remainder of 3 days or less, and

\(iv\) Consider 4 days or more to be a whole week. (Authority: 38 U.S.C.
3688(b))

\(3\) The quotient resulting from the use of the formula is called
equivalent credit hours. VA treats equivalent credit hours as credit
hours for measurement purposes. (Authority: 38 U.S.C. 3688(b))

\(h\) \[Removed and reserved\]

\(i\) \[Removed and reserved\]

\(j\) *Course measurement; credit course taken under special
circumstances.* If a course is acceptable for credit, but the
educational institution does not award credit to the veteran or eligible
person because he or she has not met college entrance requirements or
for some other valid reason, the Department of Veterans Affairs will
measure the course as though it were pursued for credit, provided the
veteran or eligible person performs all of the work prescribed for other
students who are enrolled for credit. (Authority: 38 U.S.C. 3688(b))

\(k\) *Course measurement; noncredit courses.*

\(1\) Except for courses leading to a secondary school diploma or
equivalent, the Department of Veterans Affairs will measure noncredit
courses given by an institution of higher learning on a quarter- or
semester-hour basis if the institution considers them to be the
equivalent, for other administrative purposes, of undergraduate courses
that lead to a standard college degree at the institution of higher
learning.

\(2\) The Department of Veterans Affairs shall measure other noncredit
courses under the appropriate criteria of §21.4270.

\(3\) Where a school requires a veteran or eligible person to pursue
noncredit deficiency, remedial or refresher courses in order to meet
scholastic or entrance requirements, the school will certify the
credit-hour equivalent of the noncredit deficiency, remedial or
refresher courses in addition to the credit hours for which the veteran
or eligible person is enrolled. The Department of Veterans Affairs will
measure the course on the total of the credit hours and credit-hour
equivalency. (Authority: 38 U.S.C. 3688)

\[31 FR 6774, May 6, 1966, as amended at 32 FR 13407, Sept. 23, 1967; 41
FR 47930, Nov. 1, 1976; 43 FR 35307, Aug. 9, 1978; 43 FR 49982, Oct. 26,
1978; 48 FR 37992, Aug. 22, 1983; 50 FR 21605, May 28, 1985; 51 FR 6412,
Feb. 24, 1986; 54 FR 13065, Mar. 30, 1989, 54 FR 33894, Aug. 17, 1989;
61 FR 6784, Feb. 22, 1996; 72 FR 16977, Apr. 5, 2007\]

**Supplement *Highlights* references**: 23(1), 73(1).

Reserved

**§21.4273 Collegiate graduate.**

\(a\) *In residence.*

\(1\) The Department of Veterans Affairs will measure a nonaccredited
graduate or advanced professional course (other than a law course) as
provided in §21.4272. The Department of Veterans Affairs will measure a
nonaccredited law course as stated in §21.4274.

\(2\) An accredited graduate or advanced professional course, including
law as specified in §21.4274, pursued in residence at an institution of
higher learning will be measured in accordance with §21.4272 unless it
is the established policy of the school to consider less than 14
semester hours or the equivalent as full-time enrollment, or the course
includes research, thesis preparation, or a comparable prescribed
activity beyond that normally required for the preparation of ordinary
classroom assignments. In either case a responsible official of the
school will certify that the veteran or eligible person is pursuing the
course full, three-quarter, one-half, less than one-half but more than
one-quarter, or one quarter or less time. (Authority: 38 U.S.C. 3688(b))

\(b\) *In absentia.* A responsible official of the school will certify a
program of research pursued by a veteran or eligible person in absentia
as full, three-fourths, one-half, less than one-half but more than
one-quarter, or one-quarter or less time, and the activity will be
assessed by the Department of Veterans Affairs accordingly when:

\(1\) The research activity is defined and organized so as to enable the
certifying official to evaluate the time required for its successful
pursuit, and

\(2\) The time certified for the research activity is independent of the
time devoted to any employment situation in which the veteran or
eligible person might be engaged.

\(c\) *Undergraduate or combination*. If a graduate student is enrolled
in both graduate and undergraduate courses concurrently, or solely in
undergraduate courses, VA will measure such an enrollment using the
provisions of §21.4272 or the graduate school's assessment of training
time, whichever will result in a higher monthly rate for the veteran.
(Authority: 38 U.S.C. 3668(b); Pub. L. 102-568)

\[31 FR 6774, May 6, 1966, as amended at 31 FR 8293, June 14, 1966; 32
FR 4411, Mar. 23, 1967; 50 FR 21606, May 28, 1985; 61 FR 28755, June 6,
1996\]

**Supplement *Highlights* reference**: 27(1b)

**Subpart G---Post-Vietnam Era Veterans' Educational Assistance**

**Under 38 U.S.C. Chapter 32**

Authority: 38 U.S.C. 501(a), chs. 32, 36, and as noted in specific
sections.

*Source*: 45 FR 31, Jan. 2, 1980, unless otherwise noted.

**Administrative**

21.5001 Administration of benefits: 38 U.S.C. Chapter 32 21.5001-1

**General**

21.5020 Post-Vietnam era veterans' educational assistance 21.5020-1

21.5021 Definitions 21.5021-1

21.5022 Eligibility under more than one program 21.5022-1

21.5023 Nonduplication; Federal programs 21.5023-1

**Claims and applications**

21.5030 Applications, claims, and time limits 21.5030-1

**Eligibility**

21.5040 Basic eligibility 21.5040-1

21.5041 Periods of entitlement 21.5041-1

21.5042 Extended period of eligibility 21.5042-1

**Participation**

21.5050 Application requirements for participation 21.5050-1

21.5052 Contribution requirements 21.5052-1

21.5053 Restoration of contributions (Persian Gulf War) 21.5053-1

21.5054 Dates of participation 21.5054-1

21.5058 Resumption of participation 21.5058-1

21.5060 Disenrollment 21.5060-1

21.5062 Date of disenrollment 21.5062-1

21.5064 Refund upon disenrollment 21.5064-1

21.5065 Refunds without disenrollment 21.5065-1

21.5066 Suspension of participation 21.5066-1

21.5067 Death of participant 21.5067-1

**Entitlement**

21.5070 Entitlement 21.5070-1

21.5071 Months of entitlement allowed 21.5071-1

21.5072 Entitlement charge 21.5072-1

21.5076 Entitlement charge---overpayment cases 21.5076-1

21.5078 Interruption to conserve entitlement 21.5078-1

**Counseling**

21.5100 Counseling 21.5100-1

21.5103 Travel expenses 21.5103-1

**Payments; educational assistance allowance**

21.5130 Payments; educational assistance allowance 21.5130-1

21.5131 Educational assistance allowance 21.5131-1

21.5132 Criteria used in determining benefit payments 21.5132-1

21.5133 Certifications and release of payments 21.5133-1

21.5134 Restrictions on paying benefits to servicepersons 21.5134-1

21.5135 Advance payments 21.5135-1

21.5136 Benefit payments---secondary school program 21.5136-1

21.5137 Benefit payments and charges against entitlement for taking

an approved licensing or certification test 21.5137-1

21.5138 Computation of benefit payments and monthly rates 21.5138-1

21.5139 Computation of benefit payments for incarcerated individuals
21.5139-1

21.5141 Tutorial assistance 21.5141-1

**State approving agencies**

21.5150 State approving agencies 21.5150-1

**Schools**

21.5200 Schools 21.5200-1

**Programs of education**

21.5230 Programs of education 21.5230-1

21.5231 Combination 21.5231-1

21.5232 Change of program 21.5232-1

**Courses**

21.5250 Courses 21.5250-1

**Assessment and pursuit of course**

21.5270 Assessment and pursuit of course 21.5270-1

**Educational assistance pilot program**

21.5290 Educational Assistance Pilot Program 21.5290-1

21.5292 Reduced monthly contribution for certain individuals 21.5292-1

21.5294 Transfer of entitlement 21.5294-1

21.5296 Extended period of eligibility 21.5296-1

**§21.5021 Definitions.**

For the purposes of subpart G and payment of benefits under 38 U.S.C.
chapter 32, the following definitions apply (see also §§21.1029 and
21.4200):

\(a\) *Veteran*---means anyone whose service meets the requirements of
§21.5040. (Authority: 38 U.S.C. 3202(1))

\(b\) *Active duty*---means full-time duty in the Armed Forces or as a
commissioned officer of the regular or Reserve Corps of the Public
Health Service or of the National Oceanic and Atmospheric
Administration. It does not include any period during which an
individual:

\(1\) Was assigned full-time by the Armed Forces to a civilian
institution for a course of education which was substantially the same
as established courses offered to civilians,

\(2\) Served as a cadet or midshipman at one of the service academies,

\(3\) Served under the provisions of section 511(d) of Title 10, United
States Code, pursuant to an enlistment in the military reserve or
national guard,

\(4\) Served in an excess leave without pay status, or

\(5\) Served in a status specified in §3.15 of this chapter. (Authority:
38 U.S.C. 3202)

\(c\) *State*---means each of the several States, territories and
possessions of the United States, the District of Columbia, the
Commonwealth of Puerto Rico and the Canal Zone. (Authority: 38 U.S.C.
101(20))

\(d\) *School, educational institution, institution*. The terms,
*school*, *educational institution*, and *institution* mean:

\(1\) Any vocational school, business school, correspondence school,
junior college, teacher's college, college, normal school, professional
school, university or scientific or technical institution;

\(2\) Any public or private elementary school or secondary school which
offers courses for adults; and

\(3\) An entity, other than an institution of higher learning, that
provides training required for completion of a State-approved
alternative teacher certification program. (Authority: 38 U.S.C.
3202(2), 3452(c))

\(e\) *Participant*---means a person who is participating in the
educational benefits program established under Chapter 32. This
includes:

\(1\) A person who has enrolled in and is making contributions by
monthly payroll deduction to the "fund."

\(2\) Those individuals who have contributed to the "fund" and have not
disenrolled (i.e., users or potential users of benefits). (Authority: 38
U.S.C. 3202)

\(3\) A person who has enrolled in and is having monthly contributions
to the "fund" made for him or her by the Secretary of Defense.
(Authority: Sec. 903, Pub. L. 96-342, 94 Stat. 1115)

\(4\) A person who has made a lumpsum contribution to the fund in lieu
of or in addition to monthly contributions deducted from his or her
military pay. (Authority: 38 U.S.C. 3222)

\(5\) Those individuals who have contributed to the *fund* and:

\(i\) Have been automatically disenrolled as provided in §21.5060(b)(3)
of this part

\(ii\) Whose funds have been transferred to the Treasury Department as
provided in §21.5064(b)(4)(iii) of this part, and

\(iii\) Who are found to have qualified for an extended period of
eligibility as provided in §21.5042 of this part. (Authority: 38 U.S.C.
3232; Pub. L. 99-576)

\(f\) *Fund*---means that trust fund account established to maintain
dollar contributions of the participant (and contributions, if any, from
the Department of Defense). (Authority: 38 U.S.C. 3222)

\(g\) *Suspends*---means a participant stops contributing to the *fund*
(temporarily or permanently).

\(h\) *Disenrolls*---means a participant terminates participation and
forfeits any entitlement to benefits except for a refund of his or her
contributions previously made. (Authority: 38 U.S.C. 3221)

\(i\) *Hardship* or *other good reasons*---means circumstances
considered to be such by the Department of Defense and the Department of
Veterans Affairs when referring to suspension or disenrollments, such as
illness of the participant or a member of his or her immediate family,
unexpected personal expense, etc. (Authority: 38 U.S.C 3221(b))

\(j\) *Benefit period* means:

\(1\) For a course leading to a standard college degree:

\(i\) The entire enrollment period certified by the school; or

\(ii\) That period of time from the beginning of an enrollment period
until the end of the individual's delimiting period; or

\(iii\) That period of time from the beginning of an enrollment period
to the date on which the individual's contributions in the fund are
exhausted, whichever is the shortest.

\(2\) For a residence course not leading to a standard college degree or
for a correspondence course that period of time from the beginning of
the enrollment period as certified by the school or the date the school
last certified on the quarterly certification of attendance, whichever
is later, to:

\(i\) The end of the enrollment period;

\(ii\) The end of the quarter to be certified;

\(iii\) The last date of the individual's delimiting period; or

\(iv\) The date on which the individual's contributions to the fund are
exhausted, whichever occurs first.

\(3\) \[Reserved\]

\(4\) For apprenticeship and other on-job training that period of time
from the beginning date of training or the date last certified on the
monthly certification of training to:

\(i\) The end of the month to be certified;

\(ii\) The last date of the veteran's delimiting period;

\(iii\) The date on which the veteran's entitlement is exhausted,
whichever occurs first. (Authority: 38 U.S.C. 3231; Pub. L. 99-576)

\(k\) *Benefit payment*. The term benefit payment means any educational
assistance allowance paid under 38 U.S.C. chapter 32 to a veteran for
pursuit of a program of education during a benefit period. (Authority:
38 U.S.C. 3231, 3232, 3452(b), 3689)

\(l\) *Spouse*---means a person of the opposite sex who is the wife or
husband of the participant, and whose marriage to the participant meets
the requirements of §3.1(j) of this chapter. (Authority: Sec. 903, Pub.
L. 96-342, 94 Stat. 1115)

\(m\) *Surviving spouse*---means a person of the opposite sex who is a
widow or widower of the participant, and whose marriage to the
participant meets the requirements of §3.1(j) or §3.52 of this chapter.

\(n\) *Child*.

\(1\) for the purposes of §21.5067(a) this term means a natural child,
step-child or adopted child of the participant regardless of age or
marital status.

\(2\) For all other purposes this term means a person whose relationship
to the participant meets the requirements of §3.57 or §3.58 of this
chapter.

\(o\) *Parent*---means a person whose relationship to the participant
meets the requirements of §3.59 of this chapter. (Authority: 38 U.S.C.
3224)

\(p\) *Training establishment*. The term training establishment means
any establishment providing apprentice or other training on-the-job,
including those under the supervision of a college, university, any
State department of education, any State apprenticeship agency, any
State board of vocational education, any joint apprenticeship committee,
the Bureau of Apprenticeship and Training established in accordance with
29 U.S.C. chapter 4C, or any agency of the Federal government authorized
to supervise such training. (Authority: 38 U.S.C. 3202, 3452(e))

\(q\) *Program of education---* means:

\(1\) Any curriculum or combination of subjects or unit courses pursued
at a school which is generally accepted as necessary to meet
requirements for a predetermined and identified educational,
professional or vocational objective;

\(2\) Subjects or unit courses which fulfill requirements for more than
one predetermined and identified objective if all objectives pursued are
generally recognized as being related to a single career field;

\(3\) Any unit course or subject or combination of courses or subjects,
pursued by an individual at an educational institution, required by the
Administrator of the Small Business Administration as a condition to
obtaining financial assistance under the provisions of 15 U.S.C. 636;

\(4\) A full-time program of apprenticeship or other training on-the-job
approved as provided in §21.4261 or §21.4262 as appropriate; or

\(5\) A licensing or certification test, the passing of which
demonstrates an individual's possession of the knowledge or skill
required to enter into, maintain, or advance in employment in a
predetermined and identified vocation or profession, provided that VA or
a State approving agency has approved the test and the licensing or
credentialing organization or entity that offers the test as provided in
38 U.S.C. 3689. (Authority: 38 U.S.C. 3202(2), 3452(b), 3689)

\(r\) *Educational objective*. An educational objective is one that
leads to the awarding of a diploma, degree or certificate which is
generally recognized as reflecting educational attainment. (Authority:
38 U.S.C. 3202(2), 3452(b))

\(s\) *Professional or vocational objective*. A professional or
vocational objective is one that leads to an occupation. It may include
educational objectives essential to prepare for the chosen occupation.
When a program of education consists of a series of courses not leading
to an educational objective, these courses must be generally accepted as
necessary for attainment of a designated professional or vocational
objective. (Authority: 38 U.S.C. 3202(2))

\(t\) *Deficiency course*. The term *deficiency course* means any
secondary level course or subject not previously completed
satisfactorily which is specifically required for pursuit of a
post-secondary program of education. (Authority: 38 U.S.C. 3241; Pub. L.
100-689)

\(u\) *Refresher course*. The term *refresher course* means:

\(1\) Either a course at the elementary or secondary level to review or
update material previously covered in a course that has been
satisfactorily completed, or

\(2\) A course which permits an individual to update knowledge and
skills or be instructed in the technological advances which have
occurred in the individual's field of employment during and since the
individual's active military service and which is necessary to enable
the individual to pursue an approved program of education. (Authority:
38 U.S.C. 3241(a); Pub. L. 100-689, Pub. L. 101-237).

\(v\) *Disabling effects of chronic alcoholism*.

\(1\) The term *disabling effects of chronic alcoholism* means
alcohol-induced physical or mental disorders or both, such as habitual
intoxication, withdrawal, delirium, amnesia, dementia, and other like
manifestations of chronic alcoholism which, in the particular case:

\(i\) Have been medically diagnosed as manifestations of alcohol
dependency or chronic alcohol abuse, and

\(ii\) Are determined to have prevented commencement or completion of
the affected individual's chosen program of education.

\(2\) A diagnosis of alcoholism, chronic alcoholism, alcohol-dependency,
chronic alcohol abuse, etc., in and of itself, does not satisfy the
definition of this term.

\(3\) Injury sustained by a veteran while physically or mentally
unqualified to do so due to alcoholic intoxication is not considered a
disabling effect of chronic alcoholism. (Authority: 38 U.S.C. 105, 3232,
3462; Pub. L. 100-689)

\(w\) *Continuous service* means:

\(1\) Active duty served without interruption. A complete separation
from active duty service will interrupt the continuity of active duty
service.

\(2\) Time lost while on active duty will not interrupt the continuity
of service. Time lost includes, but is not limited to, excess leave,
noncreditable time and not-on-duty time. (Authority: 38 U.S.C. 3232(a);
Pub. L. 101-237)

\(x\) *Persian Gulf War*. The term "Persian Gulf War" means the period
beginning on August 2, 1990, and ending on the date thereafter
prescribed by Presidential proclamation or by law. (Authority: 38 U.S.C.
101(33))

\(y\) *Alternative teacher certification program*. The term *alternative
teacher certification program* for the purposes of determining whether
an entity offering such a program is a school, educational institution
or institution, as defined in paragraph (d)(3) of this section, means a
program leading to a teacher certificate that allows individuals with a
bachelor's degree or graduate degree to obtain teacher certification
without enrolling in an institution of higher learning. (Authority: 38
U.S.C. 3202(2), 3452(c))

\(z\) *Certification test*. The term *certification test* means a test
an individual must pass in order to receive a certificate that provides
an affirmation of an individual's qualifications in a specified
occupation. (Authority: 38 U.S.C. 3202, 3452(b), 3501(a)(5), 3689)

(aa) *Licensing test*. The term *licensing test* means a test offered by
a State, local, or Federal agency, the passing of which is a means, or
part of a means, to obtain a license. That license must be required by
law in order for the individual to practice an occupation in the
political jurisdiction of the agency offering the test. (Authority: 38
U.S.C. 3202, 3452(b), 3689)

(bb) *Organization or entity offering a licensing or certification
test*.

\(1\) The term *organization or entity offering a licensing or
certification test* means:

\(i\) An organization or entity that causes a licensing test to be given
and that will issue a license to an individual who passes the test;

\(ii\) An organization or entity that causes a certification test to be
given and that will issue a certificate to an individual who passes the
test; or

\(iii\) An organization or entity that administers a licensing or
certification test for the organization or entity that will issue a
license or certificate, respectively, to an individual who passes the
test, provided that the administering organization or entity can provide
all required information and certifications under §21.4268 to the State
approving agency and to VA.

\(2\) This term does not include:

\(i\) An organization or entity that develops and/or proctors a
licensing or certification test, but does not issue the license or
certificate;

\(ii\) An organization or entity that administers a test but does not
issue the license or certificate, if that administering organization or
entity cannot provide all required information and certifications under
§21.4268 to the State approving agency and to VA. (Authority: 38 U.S.C.
3202, 3452(b), 3689)

\[45 FR 31, Jan. 2, 1980, as amended at 47 FR 51743, Nov. 17, 1982; 52
FR 3429, Feb. 4, 1987; 53 FR 34495, Sept. 7, 1988; 55 FR 31582, August
3, 1990; 57 FR 38614, Aug. 26, 1992; 58 FR 34369, June 25, 1993; 61 FR
1525, Jan. 22, 1996; 61 FR 29029, June 7, 1996; 65 FR 5786, Feb. 7,
2000; 72 FR 16977, Apr. 5, 2007\]

**Supplement *Highlights* references**: 7(2), 22(1), 27(2), 47(1),
73(1).

Reserved

**§21.5131 Educational assistance allowance.**

\(a\) *General*. Statements in this section concerning payments of
educational assistance allowance assume that the veteran or
servicemember:

\(1\) Is eligible for educational assistance under 38 U.S.C. chapter 32;

\(2\) Has remaining entitlement; and

\(3\) Has not passed the 10-year delimiting date and any applicable
extension to that date. (Authority: 38 U.S.C. 3241)

\(b\) *Payment of educational assistance allowance for pursuit of
programs of education and other courses*.

\(1\) VA will pay educational assistance allowance at the rate specified
in §21.5136 or §21.5138 while the veteran or servicemember is pursuing:

\(i\) An approved program of education;

\(ii\) A refresher or deficiency course; or

\(iii\) Special education or training which is necessary to enable the
veteran or servicemember to pursue an approved program of education.

\(2\) Except as provided in paragraph (c) of this section, VA will not
pay educational assistance allowance for pursuit of any course unless
the course is:

\(i\) Part of the veteran's or servicemember's program of education;

\(ii\) A refresher or deficiency course; or

\(iii\) Special education or training which is necessary to enable the
veteran or servicemember to pursue an approved program of education.

\(3\) VA may withhold a payment until it receives verification or
certification of the veteran's or servicemember's continued enrollment
and adjusts accordingly the veteran's or servicemember's account.
(Authority: 38 U.S.C. 3241)

\(c\) *Payment for taking a licensing or certification test*. VA will
pay educational assistance allowance to an eligible veteran or
servicemember who takes an approved licensing or certification test and
applies, in accordance with the provisions of §21.1030(b), for that
assistance. VA will not pay educational assistance for a licensing or
certification test that neither a State approving agency nor VA has
approved. (Authority: 38 U.S.C. 3689)

\[45 FR 31, Jan. 2, 1980, as amended at 53 FR 617, 1988; 53 FR 34497,
Sept. 7, 1988; 55 FR 31582, Aug. 3, 1990; 57 FR 38612, Aug. 26, 1992; 58
FR 25565, Apr. 27, 1993; 72 FR 16978, Apr. 5, 2007\]

**Supplement *Highlight* references**: 2(1), 6(1), 73(1).

**§21.5132 Criteria used in determining benefit payments.**

\(a\) *Training time.* The amount of benefit payment to an individual in
all types of training except cooperative training, correspondence
training and apprenticeship and other on-job training depends on whether
VA determines that the individual is a full-time student, three-quarter
time student, half-time student or one-quarter-time student. (Authority:
38 U.S.C. 3241, 3688; Pub. L. 99-576, Pub. L. 100-689)

\(b\) *Contributions.* The amount of benefit payment to an individual
also depends on:

\(1\) The amount the individual has contributed to the fund.

\(2\) The amount the Secretary of Defense has contributed to the fund
for the individual. (Authority: 38 U.S.C. 3231)

\[45 FR 31, Jan. 2. 1980, as amended at 47 FR 51746, Nov. 17, 1982; 48
FR 3369, Jan. 25, 1983; 52 FR 3429, Feb. 4, 1987; 53 FR 34498, Sept. 7,
1988; 55 FR 31582, Aug. 3, 1990; 61 FR 29030, June 7, 1996\]

**Supplement *Highlights* reference**: 27(2)

**§21.5133 Certifications and release of payments.**

A veteran or servicemember must be pursuing a program of education in
order to receive payment of educational assistance allowance under 38
U.S.C. chapter 32. To ensure that this is the case, the provisions of
this section must be met when a veteran or servicemember is seeking such
payment.

\(a\) *General*. VA will pay educational assistance to a veteran or
servicemember (other than one pursuing a program of apprenticeship,
other on-job training, or a correspondence course; one seeking
reimbursement for taking an approved licensing or certification test; or
one who qualifies for an advance payment) only after:

\(1\) The educational institution has certified his or her enrollment as
provided in §21.5200(d) of this part; and

\(2\) VA has received from the individual a verification of the
enrollment. Generally, this verification will be required monthly,
resulting in monthly payments.

\(b\) *Apprenticeship and other on-job training*. VA will pay
educational assistance to a veteran pursuing a program of apprenticeship
or other on-job training only after:

\(1\) The training establishment has certified his or her enrollment as
provided in §21.5200(d); and

\(2\) VA has received from the veteran and the training establishment a
certification of hours worked. Generally, this certification will be
required monthly, resulting in monthly payments.

\(c\) *Correspondence training*. VA will pay educational assistance to a
veteran or servicemember who is pursuing a correspondence course or the
correspondence portion of a combined correspondence-residence course
only after:

\(1\) The educational institution has certified his or her enrollment;

\(2\) VA has received from the veteran or servicemember a certification
as to the number of lessons completed and serviced by the educational
institution; and

\(3\) VA has received from the educational institution a certification
or an endorsement on the veteran's or servicemember's certificate, as to
the number of lessons completed by the veteran or servicemember and
serviced by the educational institution. Generally, this certification
will be required quarterly, resulting in quarterly payments. (38 U.S.C.
3680(g), 3689)

(Approved by the Office of Management and Budget under control number
2900-0465)

\[57 FR 38612, August 26, 1992; 58 FR 25565, Apr. 27, 1993; 72 FR 16978,
Apr. 5, 2007\]

**Supplement *Highlights* references**: 2(1), 6(1), 73(1).

**§21.5134 Restrictions on paying benefits to servicepersons.**

The Department of Veterans Affairs may not pay benefits to a
serviceperson (other than one enrolled in a course, courses or a program
of education leading to a secondary school diploma or an equivalency
certificate) unless he or she:

\(a\) Has completed 3 months of contributions to the fund or has made a
lump-sum payment which is the equivalent of at least 3 months of
contributions to the fund;

\(b\) Has agreed either to have a monthly deduction from his or her
military pay, or has made a lump-sum contribution to the fund, or both,
so that the 12 months participation requirement of §21.5052(a) of this
part will be met; and

\(c\) Is serving on active duty in an enlistment period subsequent to
the initial period of active duty defined in §21.5040(b)(3) of this
part. (Authority: 38 U.S.C. 3221, 3231, Pub. L*.* 94-502)

\[45 FR 81, Jan. 2, 1980, as amended at 47 FR 51746, Nov. 17, 1982; 54
FR 49977, Dec. 4, 1989\]

**§21.5136 Benefit payments---secondary school program.**

\(a\) *Restrictions on payments.*

\(1\) The Department of Veterans Affairs may authorize benefits to
qualified enlisted servicepersons for a course courses or program of
education leading to a secondary school diploma or an equivalency
certificate without charge to entitlement. Payments may be made only if:

\(i\) The individual has contributed to the fund for at least 1 month,
and

\(ii\) The training is received while the individual is serving:

> \(A\) The last 6 months of his or her first enlistment after December
> 31, 1976; or
>
> \(B\) At any time after completing his or her first enlistment.

\(2\) An individual who is not on active duty must have been an enlisted
serviceperson while he or she was on active duty in order to receive
benefits while enrolled in a course, courses or program of education
leading to a secondary school diploma or an equivalency certificate.
(Authority: 38 U.S.C. 3231(b))

\(b\) *Monthly rate.* An individual pursuing a course, courses or a
program of education leading to a secondary school diploma or an
equivalency certificate will receive one of two monthly rates.

\(1\) Unless the individual notifies the Department of Veterans Affairs
to the contrary, the monthly rate of his or her educational assistance
allowance will be based upon his or her tuition and fees. The Department
of Veterans Affairs will make no charge against the entitlement of the
individual who is receiving benefits at this monthly rate. The monthly
rate will be the rate of tuition and fees being charged to the
individual for the course, not to exceed:

\(i\) \$376 for full-time training.

\(ii\) \$283 for three-quarter time training.

\(iii\) \$188 for half-time training.

\(iv\) \$94 for quarter-time training.

\(2\) The individual may elect to receive educational assistance
allowance at the monthly rate provided in §21.5138. The Department of
Veterans Affairs will make an appropriate charge against the
individual's entitlement if such an election is made. (Authority: 38
U.S.C. 3241, 3491)

\(c\) *Method of payment.*

\(1\) If the individual's educational assistance allowance is based upon
the rate as determined in paragraph (b)(1) of this section, payment
shall be made in a lump sum for the term, quarter or semester at the
beginning of the month in which training begins.

\(2\) If the individual elects to have his or her educational assistance
allowance computed as provided in §21.5138, payment will be made in the
same manner as for any other residence training. (Authority: 38 U.S.C.
3241)

\[47 FR 51746, Nov. 17, 1982, as amended at 50 FR 19933, May 13, 1985\]

**§21.5137 Benefit payments and charges against entitlement for taking
an approved**

> **licensing or certification test.**

\(a\) *Benefit payments*. The amount of educational assistance allowance
VA will pay to a veteran or servicemember for taking an approved
licensing or certification test, if the veteran or servicemember is
entitled to receive such benefit payments, will be the lowest of the
following:

\(1\) The fee the organization or entity offering the test charges for
taking the test;

\(2\) \$2,000; or

\(3\) The total remaining amount of the veteran's or servicemember's
contributions to the fund and the contributions the Secretary of Defense
has made to the fund on behalf of the veteran or servicemember.
(Authority: 38 U.S.C. 3222, 3231, 3232(c), 3452(b), 3689)

\(b\) *Charge against entitlement*. For educational assistance allowance
paid for taking an approved licensing or certification test, VA will
make a charge against the veteran's or servicemember's entitlement by
dividing the amount paid under paragraph (a) of this section by the
monthly amount as calculated under §21.5138(c). The calculation will
assume that the veteran or servicemember is a full-time student.
(Authority: 38 U.S.C. 3232(c), 3452(b), 3689)

\[72 FR 16978, Apr. 5, 2007\]

**Supplement *Highlights* reference**: 73(1)

Reserved

**§21.5138 Computation of benefit payments and monthly rates.**

Except as provided in §§21.5136(b)(1) and 21.5137(a), for purposes of
this subpart VA will compute benefit payments and monthly rates as
provided in this section. (Authority: 38 U.S.C. 3231, 3233, 3241, 3491,
3680, 3689)

\(a\) *Computation of entitlement factor*.

\(1\) For residence training, VA will compute an entitlement factor as
follows:

\(i\) Enter the number of full months in the

applicable benefit period: (1)

\(ii\) Enter the number of full days in excess of the

number of full months: (a)

\(iii\) Divide line (a) by 30. Enter the quotient: (2)

\(iv\) Total (lines 1 and 2) (3)

\(v\) Multiply line 3 by 1.0 for a full-time student;

by 0.75 for a three-quarter time student;

by 0.5 for a half-time student; or

by 0.25 for a one-quarter time student.

Enter the result. (This is the entitlement factor).(4)

\(2\) For correspondence training, VA will compute an entitlement factor
as follows:

\(i\) Enter the amount of the individual's contributions

remaining in the fund: (b)

\(ii\) Enter the individual's remaining months

of entitlement (c)

\(iii\) Divide line b by line c. Enter the quotient (5)

\(iv\) Enter two times the amount in line 5 (6)

\(v\) Enter the amount of the contributions, if any,

remaining in the fund which the Secretary of

Defense contributed for the individual.(d)

\(vi\) Enter the individual's remaining months

of entitlement (e)

\(vii\) Divide line d by line e. Enter the quotient (7)

\(viii\) Total (lines 5, 6, and 7) (8)

\(ix\) Enter the correspondence charges certified by the school(9)

\(x\) Divide line 9 by line 8. Enter the quotient.

(This is the entitlement factor.) (10)

\(3\) For apprenticeship and other on-job training, VA will compute an
entitlement factor as follows:

\(i\) Enter the number of full days in the applicable

benefit period. (Enter 30 if the benefit period

is a full month.) (1)

\(ii\) Divide line 1 by 30. Enter the quotient: (2)

\(iii\) Multiply line 2 by 0.75 if the veteran is in the first six

months of training; by 0.55 if the veteran is in the

second six months of training; by 0.35 if the veteran

is in a subsequent month of training; and by a pro-rated

fraction if one of the veteran\'s first two six-month periods

of training ends during the benefit period.

Enter the result. (This is the entitlement factor.)(3)

(Authority: 38 U.S.C. 3231, 3233: Pub. L. 96-466, Pub. L. 97-306, Pub.
L. 99-576)

\(4\) For cooperative training, VA will compute an entitlement factor as
follows:

\(i\) Enter the number of full months in the

applicable benefit period: (1)

\(ii\) Enter the number of full days in excess of the

number of full months: (a)

\(iii\) Divide line (a) by 30. Enter the quotient: (2)

\(iv\) Total (lines 1 and 2): (3)

\(v\) Multiply line 3 by .80. Enter the result: (4)

(Authority: 38 U.S.C. 3221; Pub. L. 100-689)

\(5\) For flight training, VA will compute an entitlement factor as
follows:

\(i\) Enter the amount of the individual's

contributions remaining in the fund: (a)

\(ii\) Enter the individual's remaining months

of entitlement: (b)

\(iii\) Divide line a by line b. Enter the quotient: (1)

\(iv\) Enter two times the amount in line 1: (2)

\(v\) Enter the amount of the contributions, if any,

remaining in the fund which the Secretary

of Defense contributed for the individual: (c)

\(vi\) Enter the individual's remaining months

of entitlement: (d)

\(vii\) Divide line c by line d. Enter the quotient: (3)

\(viii\) Total (lines 1, 2 and 3): (4)

\(ix\) Enter the charges for flight training

certified by the school: (e)

\(x\) Multiply line e by .60: (5)

\(xi\) Divide line 5 by line 4. Enter the

quotient. (This is the entitlement factor.) (6)

(Authority 38 U.S.C. 3231(f))

\(b\) *Computation of benefit payment*. Under this section, VA will
compute benefit payments as follows:

\(1\) Enter the entitlement factor: (f)

\(2\) Enter the amount of the individual's

contributions remaining in the fund:(g)

\(3\) Multiply line (f) by line (g). Enter the result:(h)

\(4\) Enter the remaining months of the individual's

entitlement: (i)

\(5\) Divide line (h) by line (i). Enter the quotient.

(This is the individual's portion.) (11)

\(6\) Enter two times the amount in line 11.

(This is the Department of Veterans Affairs's

portion of benefit payments for training completed

before January 1, 1982. The Secretary of Defense

will contribute this portion of the benefit payment

for training that occurs after December 31, 1981.)(12)

\(7\) Enter the amount of the additional contributions,

if any, remaining in the fund which the

Secretary of Defense contributed for

the individual: (j)

\(8\) Multiply line (f) by line (j). Enter the result (k)

\(9\) Enter the individual's remaining months

of entitlement: (l)

\(10\) Divide line (k) by line (l). Enter the quotient.

(This is the Department of Defense's portion for

training completed before January 1, 1982. For

training completed after December 31, 1981, this

is the second part of the Department of Defense's

portion.) (38 U.S.C. 3231) (13)

\(11\) Total (add lines 11, 12, and 13): (14)

\(12\) If the veteran is in an apprenticeship or other on-job

training and fails to complete 120 hours of training

in a month, reduce the amount on line 14 propor-

tionately. In this computation round the number

of hours worked to the nearest multiple of eight.

Enter the result: (15)

\(13\) If the veteran is pursuing certain courses which do

not lead to a standard college degree, has excessive

absences, and incurred those absences before

December 18, 1989, reduce the amount on line 14

sufficiently to avoid paying for any excessive

absence. Enter the result. (Authority: 38 U.S.C. 3233

(1989), 38 U.S.C. 3680(a)(2) (1974); Pub. L. 101-237)

> \(16\)

\(14\) The benefit payment is either:

\(i\) The amount shown on line 14 unless the veteran is in
apprenticeship or other on-job training and has failed to complete 120
hours of training in a month during the benefit period in which case the
benefit payment is the amount shown on line 15, or the veteran is
pursuing certain courses which do not lead to a standard college degree
in which case the benefit payment is the amount shown on line 16, or
(Authority: 38 U.S.C. 3233; Pub. L. 99-576)

\(ii\) The total amount of the remaining contributions in the fund made
by the individual and the VA and the Secretary of Defense on behalf of
the individual, whichever is less. (Authority 38 U.S.C. 3231, Pub. L.
94-502)

\(c\) *Monthly rates.* Under this section, VA will compute the monthly
rates of payment for individuals in residence training by repeating the
calculations in paragraphs (b)(1) through (11) of this section except
that instead of entering the entitlement factor on line (f), paragraph
(b)(1), VA will enter 1 for a full-time student, .75 for a three-quarter
time student, .5 for a half-time student, or .25 for a one-quarter time
student. (Authority: 38 U.S.C. 3231)

\[45 FR 31, Jan. 2, 1980, as amended at 46 FR 32024, June 19, 1981; 47
FR 51747, Nov. 17, 1982; 48 FR 3369, Jan. 25, 1983; 48 FR 50530, Nov. 2,
1983; 52 FR 3429, Feb. 4, 1987; 53 FR 34498, Sept. 7, 1988; 55 FR 31582,
Aug. 3, 1990; 57 FR 38614, Aug. 26, 1992; 58 FR 31911, June 7, 1993; 72
FR 16978, Apr. 5, 2007\]

**Supplement *Highlights* references**: 7(1), 73(1).

**§21.5139 Computation of benefit payments for incarcerated
individuals.**

Notwithstanding the provisions of §21.5138, some incarcerated
individuals may have their educational assistance allowance terminated
or reduced. The provisions of this section shall not apply in the case
of any individual who is pursuing a program of education while residing
in a halfway house or participating in a work-release program in
connection with that individual's conviction of a felony.

\(a\) No *educational assistance allowance payable to some incarcerated
individuals.* VA will pay no educational assistance allowance to an
individual who:

\(1\) Is incarcerated in a Federal State or local penal institution for
conviction of a felony, and

\(2\) Is enrolled in a course where his or her tuition and fees are
being paid by a Federal program (other than one administered by VA) or
by a State or local program, and

\(3\) Has incurred no expenses for supplies, books or equipment.
(Authority: 38 U.S.C. 3231(e))

\(b\) *Reduced educational assistance allowance for some incarcerated
individuals.*

\(1\) VA will pay a reduced educational assistance allowance to a
veteran who:

\(i\) Is incarcerated in a Federal, State or local penal institution of
conviction of a felony, and

\(ii\) Is enrolled in a course:

\(A\) For which the individual pays some (but not all) of the charges
for tuition and fees, or

\(B\) For which a Federal program (other than one administered by VA) or
a State or local program pays all the charges for tuition and fees, but
which requires the individual to pay for books, supplies and equipment.

\(2\) The monthly rate of educational assistance allowance payable to
such an individual shall be the lesser of the following:

\(i\) The monthly rate determined by adding the tuition and fees that
the veteran must pay and the charge to the veteran for the cost of
necessary supplies, books and equipment and prorating the total on a
monthly basis, or

\(ii\) The monthly rate for the individual as determined by §21.5138(c)
of this part. (Authority: 38 U.S.C. 3231(e))

\[55 FR 31583, Aug. 3, 1990\]

## Next Section is §21.5141

**State Approving Agencies**

**§21.5150 State approving agencies.**

In administering chapter 32, title 38, United States Code, VA will apply
the provisions of the following sections:

\(a\) Section 21.4150 (except par. (e))---Designation;

\(b\) Section 21.4151---Cooperation;

\(c\) Section 21.4152---Control by agencies of the United States;

\(d\) Section 21.4153---Reimbursement of expenses;

\(e\) Section 21.4154---Report of activities;

\(f\) Section 21.4155---Evaluations of State approving agency
performance. (Authority: 38 U.S.C. 3241, 3670-3674, 3674A; Pub. L.
94-502, Pub. L. 100-323

\[55 FR 12483, Apr. 4, 1990, as amended at 61 FR 1525, Jan. 22, 1996\]

**Supplement *Highlights* reference**: 22(1)

*Next Section is §21.5200*

Schools

**§21.5200 Schools.**

In the administration of benefits payable under the provisions of
chapter 32, title 38, U.S.C., the Department of Veterans Affairs will
apply the following sections:

> \(a\) Section 21.4200---Definitions (with the exception of paragraph
> (a)). (Authority: 38 U.S.C. 3241; Pub. L. 94-502, Pub. L. 99-576)
>
> \(b\) Section 21.4201---Restrictions on enrollment; percentage of
> students receiving financial support. (Authority: 38 U.S.C. 3241,
> 3473(d))
>
> \(c\) Section 21.4202---Overcharges; restrictions on enrollments.
> (Authority: 38 U.S.C. 3241, 3690)
>
> \(d\) Section 21.4203---Reports---Requirements. (Authority: 38 U.S.C.
> 3241, 3684; Pub. L. 94-502, Pub. L. 99-576)
>
> \(e\) Section 21.4204 (except paragraphs (a) and (e))---Periodic
> certifications. (Authority: 38 U.S.C. 3241, 3684)
>
> \(f\) \[Removed and reserved\]
>
> \(g\) Section 21.4206---Reporting fee.
>
> \(h\) Section 21.4209---Examination of records. (Authority: 38 U.S.C.
> 3241, 3690; Pub. L. 94-502, Pub. L. 99-576)
>
> \(i\) Section 21.4210---Suspension and discontinuance of educational
> assistance payments and of enrollments or reenrollments for pursuit of
> approved courses.
>
> \(j\) Section 21.4211---Composition, jurisdiction, and duties of
> Committee on Educational Allowances.
>
> \(k\) Section 21.4212---Referral to Committee on Educational
> Allowances.
>
> \(l\) Section 21.4213---Notice of hearing by Committee on Educational
> Allowances.
>
> \(m\) Section 21.4214---Hearing rules and procedures for Committee on
> Educational Allowances.
>
> \(n\) Section 21.4215---Decision of Director of VA facility of
> jurisdiction.
>
> \(o\) Section 21.4216---Review of decision of Director of VA facility
> of jurisdiction. (Authority: 10 U.S.C. 16136(b); 38 U.S.C. 3034(a),
> 3241(a), 3690)

\[45 FR 31, Jan. 2, 1980, as amended at 53 FR 34499, Sept. 7, 1988; 57
FR 38613, Aug. 26, 1992; 58 FR 25565, Apr. 27, 1993; 61 FR 1525, Jan.
22, 1996; 61 FR 29030, June 7, 1996; 63 FR 35836, July 1, 1998; 72 FR
16978, Apr. 5, 2007\]

**Supplement *Highlights* references**: 2(1), 6(1), 22(1), 27(2), 39(4),
73(1).

*Next Section is §21.5230*

Reserved

**Programs of Education**

**§21.5230 Programs of education.**

\(a\) *Approving the selected program of education.* Except as provided
in paragraphs (b) and (c) of this section, VA will approve a program of
education for a veteran or servicemember under 38 U.S.C. chapter 32,
only if:

\(1\) The program meets the definition of a program of education stated
in §21.5021(q);

\(2\) Except for a program consisting of a licensing or certification
test, the program has an objective as described in §21.5021(r) or (s);

\(3\) Any courses, subjects, or licensing or certification tests in the
program are approved for VA training; and

\(4\) Except for a program consisting of a licensing or certification
test designed to help the veteran or servicemember maintain employment
in a vocation or profession, the veteran or servicemember is not already
qualified for the objective of the program. (Authority: 38 U.S.C.
3202(2), 3689(b))

\(b\) *Programs which include secondary school training.* VA may approve
the enrollment of a veteran or servicemember in a refresher, remedial,
deficiency or other preparatory or special educational assistance course
when the veteran or eligible servicemember needs the course in order to
pursue an approved program of education. (Authority: 38 U.S.C.
3241(a)(2))

\(c\) *Refresher training for those already qualified* The refresher
training referred to in paragraph (b) of this section includes training
in a course or courses for which the veteran is already qualified
provided the course or courses permit the veteran to update knowledge
and skills or to be instructed in the technological advances which have
occurred in the veteran's field of employment. The relevant field of
employment may have been pursued either before, during or after the
veteran's active duty.

\[53 FR 34499, Sept. 7, 1988, as amended at 55 FR 31583, Aug. 3, 1990;
72 FR 16978, Apr. 5, 2007\]

**Supplement *Highlights* reference**: 73(1)

**§21.5231 Combination.**

In the administration of benefits payable under chapter 32, title 38,
U.S.C., the Department of Veterans Affairs will apply §21.4233(b), (c),
and (e). (Authority: 38 U.S.C. 3241)

\[45 FR 31, Jan. 2, 1980, as amended at 61 FR 7218, Feb. 27, 1996\]

**Supplement *Highlights* reference**: 24(2)

**§21.5232 Change of program.**

In determining whether a change of program of education may be approved
for the payments of educational assistance, VA will apply §21.4234 of
this part. (Authority: 38 U.S.C. 3241, 3691; Pub. L. 94-502, Pub. L.
101-366) (June 1, 1991)

\[49 FR 37383, Sept. 24, 1984, as amended at 58 FR 46866, Sept. 3,
1993\]

**Supplement *Highlights* reference**: 8(2)

*Next Section is §21.5250*

# Courses

**§21.5250 Courses.**

\(a\) *General*. In administering benefits payable under 38 U.S.C.,
chapter 32, VA and, where appropriate, the State approving agencies
shall apply the following sections:

> \(1\) Section 21.4250 (except paragraph (c)(1))---Course and licensing
> and certification test approval; jurisdiction and notices.
>
> \(2\) Section 21.4251---Minimum period of operation requirement for
> educational institutions.
>
> \(3\) Section 21.4252---Courses precluded; erroneous, deceptive, or
> misleading practices.

\(4\) Section 21.4253---Accredited courses.

\(5\) Section 21.4254---Nonaccredited courses.

\(6\) Section 21.4255---Refund policy; nonaccredited courses.

\(7\) Section 21.4256---Correspondence programs and courses.

\(8\) Section 21.4257---Cooperative courses.

\(9\) Section 21.4258---Notice of approval.

\(10\) Section 21.4259---Suspension or disapproval.

\(11\) Section 21.4260---Courses in foreign countries.

\(12\) Section 21.4261---Apprentice courses.

\(13\) Section 21.4262---Other training on-the-job courses.

> \(14\) Section 21.4265---Practical training approved as institutional
> training or on-job training.

\(15\) Section 21.4266---Courses offered at subsidiary branches or
extensions.

\(16\) Section 21.4267---Approval of independent study.

> \(17\) Section 21.4268---Approval of licensing and certification
> tests. (Authority: 38 U.S.C. 3241, 3473, 3476, 3672, 3675, 3676, 3678,
> 3679, 3686, 3689)

\(b\) *Flight courses*. In administering benefits payable for flight
training under chapter 32, title 38, U.S.C., VA and the State approving
agencies will apply the provisions of §21.4263 of this part. Educational
assistance allowance is payable only for flight training undertaken by a
veteran or serviceperson after March 31, 1991.

\[45 FR 31, Jan. 2, 1980, as amended at 52 FR 3429, Feb. 4, 1987; 53 FR
34499, Sept. 7, 1988; 55 FR 31584, Aug. 3, 1990; 58 FR 31911, June 7,
1993; 61 FR 1525, Jan. 22, 1996; 61 FR 7218, Feb. 27, 1996; 72 FR 16979,
Apr. 5, 2007\]

**Supplement *Highlights* references**: 7(1), 22(1), 24(2), 73(1).

*Next Section is §21.5270*

**§21.5294 Transfer of entitlement.**

\(a\) *Qualifying for a transfer of entitlement.* Some participants may
transfer their entitlement to their spouse or child. To qualify for this
portion of the pilot program the individual must:

\(1\) After June 30, 1981 and before October 1, 1981, reenlist in the
Army;

\(2\) Be a participant;

\(3\) Possess a critical military specialty as determined by the
Secretary of Defense; and

\(4\) Be chosen for his portion of the pilot program by the Secretary of
Defense or his or her designee. (Authority: Sec. 903, Pub. L. 96-342, 94
Stat. 1115)

\(b\) *Persons who may receive transferred entitlement.* An individual
meeting the requirements of paragraph (a) of this section may transfer
entitlement earned under §21.5071 for the purpose of allowing another
person to receive educational assistance allowance. Entitlement may be
transferred only:

\(1\) To a spouse or child of the participant,

\(2\) To one person at a time,

\(3\) If the participant is not receiving educational assistance
allowance, and

\(4\) When the participant states in writing to the Department of
Veterans Affairs that the entitlement should be transferred. (Authority:
Sec. 903(c), Pub. L. 96-342, 94 Stat. 1115)

\(c\) *Educational assistance allowance.*

\(1\) The individual must specify in writing to the Department of
Veterans Affairs the period of time he or she wishes the spouse or child
to receive educational assistance allowance on the basis of the transfer
of entitlement. The Department of Veterans Affairs will not pay
educational assistance allowance to a spouse or child for training
completed either before or after the period specified by the
participant.

\(2\) The commencing date of an award of educational assistance
allowance to a spouse or child will be the earlier of the following
dates:

\(i\) The date of the spouse's or child's entrance or reentrance under
§21.4131;

\(ii\) The first day of the period authorized by the participant for the
transfer of entitlement.

\(3\) The ending date of an award of educational assistance allowance to
a spouse or child will be the earliest of the following dates:

\(i\) The ending date of the spouse's or child's course or period of
enrollment as certified by the school or training establishment;
(Authority: 38 U.S.C. 3233; Pub. L. 99-576)

\(ii\) The ending date of the participant's eligibility as determined
under §21.5041;

\(iii\) The ending date specified in §21.4135;

\(iv\) The date of the death of the participant on whom the spouse's or
child's entitlement is based;

\(v\) The last day of the period authorized by the participant for the
transfer of entitlement. (Authority: Sec. 903, Pub. L. 96-342, 94 Stat.
1115)

\(d\) *Application of VA regulations to this portion of the pilot
program.*

\(1\) Sections 21.5030(a) and (b), 21.5040, 21.5041 and 21.5050 through
21.5067 and §21.5145 apply to the individual who is participating in
this portion of the pilot program, but they do not apply to the
individual's spouse or child, per se. (Authority: Pub. L. 96-342, sec.
903; Pub. L. 99-576)

\(2\) The following sections apply to this portion of the pilot program
with amendments as noted;

\(i\) In §21.5022 the entitlement used by the spouse or child counts
toward the 48-month limitation on receiving benefits under more than one
program which is imposed on the individual.

\(ii\) In §21.5072 the charge against the individual's entitlement will
be made on the basis of payments made to the individual's spouse or
child.

\(iii\) In §21.5100 the individual's spouse or child may request
counseling, but an incompetent spouse or child is not required to be
counseled before selecting a program of education. (Authority: Pub. L.
96-342, sec. 903, Pub. L. 97-306, Pub. L. 99-576)

\(iv\) In §§21.5132 through 21.5138 references to payment to the
individual apply equally to payment to the spouse or child. (Authority:
Sec. 903, Pub. L. 96-342; Pub. L. 97-306, 96 Stat. 1429)

\(3\) Except as amended in paragraph (d)(2) of this section the
following sections apply without change to this portion of the pilot
program:

\(i\) Sections 21.5001 through 21.5023,

\(ii\) Section 21.5030(c),

\(iii\) Sections 21.5070 through 21.5130,

\(iv\) Section 21.5131, and

\(v\) Sections 21.5132 through 21.5300. (Authority: Sec. 903, Pub. L.
96-342, 94 Stat. 1115)

\[47 FR 51748, Nov. 17, 1982; 48 FR 50530, Nov. 2, 1983; 49 FR 2110,
Jan. 18, 1984; 53 FR 34499, Sept. 7, 1988; 72 FR 16979, Apr. 5, 2007\]

**Supplement *Highlights* reference**: 73(1)

*Next Section is §21.5296*

**§21.5296 Extended period of eligibility.**

\(a\) *General.* A veteran shall be granted an extension of the
applicable delimiting period, as otherwise determined by §21.5041
provided:

\(1\) The veteran applies for an extension.

\(2\) The veteran was prevented from initiating or completing the chosen
program of education within the otherwise applicable delimiting period
because of a physical or metal disability that did not result from the
willful misconduct of the veteran. VA will not consider the disabling
effects of chronic alcoholism to be the result of willful misconduct.
(Authority: 38 U.S.C. 105, 3232; Pub. L. 99-576, Pub. L. 100-689)

\(b\) *Application.*

\(1\) Only the veteran may apply for an extended period of eligibility
pursuant to this section. A spouse or child to whom entitlement may be
or has been transferred may not apply for, nor receive, an extension
based upon disability of either the veteran or the spouse or child.

\(2\) The veteran must apply for the extended period of eligibility in
time for VA to receive the application by the later of the following
dates:

\(i\) One year from the last date of the delimiting period otherwise
applicable to the veteran under §21.5041, or

\(ii\) One year from the termination date of the period of the veteran's
mental or physical disability.

\(3\) No application for an extended period of eligibility should be
submitted and none will be processed during any period when the veteran
has transferred entitlement to a spouse or child, since eligibility
cannot be fully determined as provided in paragraph (c)(4)(ii) of this
section. (Authority: 38 U.S.C. 3232; Pub. L. 99-576)

\(c\) *Qualifying period of disability.* A veteran's extended period of
eligibility shall be based on the period of time that the veteran
himself or herself was prevented by reason of physical or mental
disability, not the result of the veteran's willful misconduct, from
initiating or completing his or her chosen program of education. VA will
not consider the disabling effects of chronic alcoholism to be the
result of willful misconduct. (Authority: 38 U.S.C. 105, 3232; Pub. L.
99-576, Pub. L. 100-689)

\(1\) Evidence must be presented which clearly establishes that the
veteran's disability made pursuant of his or her program medically
infeasible during the veteran's original period of eligibility as
determined by §21.5041. A period of disability following the end of the
original disability period will not be a basis for extension.

**Subpart K---All Volunteer Force Educational**

**Assistance Program (Montgomery GI Bill---Active Duty)**

*Authority*: 38 U.S.C. 501(a), chs. 30, 36, and as noted in specific
sections.

*Source*: 53 FR 1757, Jan. 22, 1988, unless otherwise noted.

21.7000 Establishment of educational assistance program 21.7000-1

**Definitions**

21.7020 Definitions 21.7020-1

**Claims and applications**

21.7030 Applications, claims and time limits 21.7030-1

21.7032 Time limits for making elections 21.7032-1

**Eligibility**

21.7040 Categories of basic eligibility 21.7040-1

21.7042 Basic eligibility requirements 21.7042-1

21.7044 Persons with eligibility under 38 U.S.C. chapter 34 21.7044-1

21.7045 Eligibility based on involuntary separation, voluntary
separation,

or participation in the Post-Vietnam Era Veterans'

Educational Assistance Program 21.7045-1

21.7046 Eligibility for supplemental educational assistance 21.7046-1

21.7050 Ending dates of eligibility 21.7050-1

21.7051 Extended period of eligibility 21.7051-1

**Entitlement**

21.7070 Entitlement 21.7070-1

21.7072 Entitlement to basic educational assistance 21.7072-1

21.7073 Entitlement for some individuals who establish eligibility

during the open period or who establish eligibility before

involuntary separation 21.7073-1

21.7074 Entitlement to supplemental educational assistance 21.7074-1

21.7075 Entitlement to tuition assistance top-up 21.7075-1

21.7076 Entitlement charges 21.7076-1

**Counseling**

21.7100 Counseling 21.7100-1

21.7103 Travel expenses 21.7103-1

**Programs of education**

21.7110 Selection of a program of education 21.7110-1

21.7112 Programs of education combining two or more

types of courses 21.7112-1

21.7114 Change of program 21.7114-1

**Courses**

21.7120 Courses included in programs of education 21.7120-1

21.7122 Courses precluded 21.7122-1

21.7124 Overcharges 21.7124-1

**Payments---Educational assistance**

21.7130 Educational assistance 21.7130-1

21.7131 Commencing dates 21.7131-1

21.7133 Suspension or discontinuance of payments 21.7133-1

21.7135 Discontinuance dates 21.7135-1

21.7136 Rates of payment of basic educational assistance 21.7136-1

21.7137 Rates of payment of basic educational assistance for

individuals with remaining entitlement under

38 U.S.C. ch. 34 21.7137-1

21.7138 Rates of supplemental educational assistance 21.7138-1

21.7139 Conditions which result in reduced rates or no payment 21.7139-1

21.7140 Certifications and release of payments 21.7140-1

21.7141 Tutorial assistance 21.7141-1

21.7142 Accelerated payments, payment of tuition assistance top-up, and

licensing or certification test reimbursement 21.7142-1

21.7143 Nonduplication of educational assistance 21.7143-1

21.7144 Overpayments 21.7144-1

**Pursuit of courses**

21.7150 Pursuit 21.7150-1

21.7151 Advance payment and accelerated payment certifications 21.7151-1

21.7152 Certification of enrollment 21.7152-1

21.7153 Progress and conduct 21.7153-1

21.7154 Pursuit and absences 21.7154-1

21.7156 Other required reports 21.7156-1

21.7158 False, late, or missing reports 21.7158-1

21.7159 Reporting fee 21.7159-1

**Course assessment**

21.7170 Course measurement 21.7170-1

21.7172 Measurement of concurrent enrollments 21.7172-1

**State approving agencies**

21.7200 State approving agencies 21.7200-1

**Definitions**

**§21.7020 Definitions**

For the purposes of regulations from §21.7000 through §21.7499 and the
payment of basic educational assistance and supplemental educational
assistance under 38 U.S.C. chapter 30, the following definitions apply.

\(a\) *Definitions of participants.*

\(1\) *Servicemember.* The term *servicemember* means anyone who:

\(i\) Meets the eligibility requirements of §21.7042 or §21.7044, and

\(ii\) Is on active duty with the Army, Navy, Air Force, Marine Corps,
Coast Guard, Public Health Service or National Oceanographic and
Atmospheric Administration. (Authority: 38 U.S.C. 3016; Pub. L. 98-525)

\(2\) *Veteran.* The term *veteran* means anyone who:

\(i\) Meets the eligibility requirements of §21.7042, §21.7044, or
§21.7045, and

\(ii\) Is not on active duty. The term *veteran* includes an individual
who is actively participating in the Selected Reserve. (Authority: 38
U.S.C. 3011, 3012; Pub. L. 98-525)

\(b\) *Other definitions.*

\(1\) *Active duty.*

\(i\) The term *active duty* means:

> \(A\) Full-time duty in the Armed Forces, other than active duty for
> training,
>
> \(B\) Full-time duty (other than for training purposes) as a
> commissioned officer of the Regular or Reserve Corps of the Public
> Health Service,
>
> \(C\) Full-time duty as a commissioned officer of the National Oceanic
> and Atmospheric Administration, and
>
> \(D\) Authorized travel to or from such duty or service.

\(ii\) The term *active duty* does not include any period during which
an individual:

\(A\) Was assigned full time by the Armed Forces to a civilian
institution for a course of education which was substantially the same
as established courses offered to civilians,

\(B\) Served as a cadet or midshipman at one of the service academies,
or

\(C\) Served under the provisions of 10 U.S.C. 511(d) pursuant to an
enlistment in the Army National Guard or the Air National Guard, or as a
Reserve for service in the Army Reserve Naval Reserve, Air Force Reserve
Marine Corps Reserve, or Coast Guard Reserve. (Authority: 38 U.S.C.
101(21), 3002(6); Pub. L. 98-525)

\(iii\) When referring to individuals who, before November 30, 1989, had
never served on active duty (as that term is defined by §3.6b of this
title), the term *active duty* when used in this subpart includes
full-time National Guard duty first performed after November 29, 1989,
by a member of the Army National Guard of the United States or the Air
National Guard of the United States in the servicemember's status as a
member of the National Guard of a State for the purpose of organizing,
administering, recruiting, instructing or training the National Guard.
(Authority: 38 U.S.C. 3002(7); Pub. L. 101-510, §563(b)) (Nov. 5, 1990)

\(iv\) When referring to individuals who, before June 30, 1985, had
never served on active duty (as that term is defined by §3.6(b) of this
chapter) and who made the election described in §21.7042(a)(7) or
(b)(10), the term *active duty* when used in this subpart includes
full-time National Guard duty under title 32, U.S. Code first performed
after June 30, 1985, by a member of the Army National Guard of the
United States or the Air National Guard of the United States for the
purpose of organizing, administering, recruiting, instructing, or
training the National Guard. (Authority: 38 U.S.C. 3002(7); §107, Pub.
L. 104-275, 110 Stat. 3329-3330)

\(2\) *Attendance*. The term *attendance* means the presence of a
veteran or servicemember:

\(i\) In the class where the approved course is being taught in which he
or she is enrolled, or

\(ii\) At a training establishment, or

\(iii\) Any other place of instruction training or study designated by
the educational institution or training establishment where the veteran
or servicemember is enrolled and is pursuing a program of education.
(Authority: 38 U.S.C 3034, 3680(g))

\(3\) *Audited course.* The term *audited course* has the same meaning
as provided in §21.4200(i) of this part. (Authority: 38 U.S.C. 3034,
3680(a); Pub. L. 98-525)

\(4\) *Basic educational assistance.* The term *basic educational
assistance* means a monetary benefit payable to all individuals who meet
basic requirements for eligibility under chapter 30, title 38 U.S.C.,
for pursuit of a program of education. (Authority: 38 U.S.C. 3002(1);
Pub. L. 98-525)

\(5\) *Break in service*.

\(i\) Except as provided in paragraph (b)(5)(ii) of this section, the
term *break in service* means a period of more than 90 days between the
date when an individual is released from active duty or otherwise
receives a complete separation from active duty service and the date he
or she reenters on active duty.

\(ii\) A period during which an individual is assigned full time by the
Armed Forces to a civilian institution for a course of education
substantially the same as established courses offered to civilians is
not a break in service. (Authority: 38 U.S.C. 3011, 3021)

\(6\) *Continuous active duty*.

\(i\) The term *continuous active duty* means active duty served without
interruption. An interruption in service will only be found when the
individual receives a complete separation from active duty.

\(ii\) A period during which an individual on active duty is assigned
full time by the Armed Forces to a civilian institution for a course of
education substantially the same as established courses offered to
civilians will not interrupt the continuity of the individual's active
duty.

\(iii\) If an individual, during an obligated period of active-duty
service, is separated from active duty to pursue a course of education
at a service academy or a post-secondary school preparatory to
enrollment at a service academy, no interruption in service will be
found and the individual's service will be considered continuous
active-duty service, provided he or she:

\(A\) Commences pursuit of a course of education at a service academy or
post-secondary school,

\(B\) Fails to complete the course of education, and

\(C\) Immediately reenters on a period of active duty.

\(iv\) An individual who is discharged or released from active duty for
a reason stated in paragraph (b)(6)(iv) of this section after serving
not more than 12 months of an obligated period of active duty, and who
subsequently reenlists or reenters on a period of active duty, will not
be considered to have an interruption in service. Except as provided in
paragraph (b)(6)(vi) of this section, the individual's service during
the two periods will be considered continuous active-duty service for
the aggregate length of the two service periods. However, the
individual's discharge or release from the earlier obligated period of
service must have been:

\(A\) For a service-connected disability;

\(B\) For hardship;

\(C\) For a medical condition which preexisted such active-duty service
and is not service connected;

\(D\) For a physical or mental condition not characterized as a
disability and not resulting from the individual's own willful
misconduct which interfered with the individual's performance of duty as
determined by the Secretary concerned; or

\(E\) Involuntary, for the convenience of the Government as a result of
a reduction in force as determined by the Secretary concerned.

\(v\) VA will not consider an individual to have an interruption of
service when he or she:

> \(A\) Serves a period of active duty without interruption (without a
> complete separation from active duty), as an enlisted member or
> warrant officer;
>
> \(B\) While serving on such active duty is assigned to officer
> training school; and
>
> \(C\) Following successful completion of the officer training school
> is discharged to accept, without a break in service, a commission as
> an officer in the Armed Forces for a period of active duty.

\(vi\) If the second period of active-duty service referred to in
paragraph (b)(6)(iv) or (b)(6)(v) of this section is of such nature or
character that, when aggregated with the earlier period of service
referred to in that paragraph, it would cause the individual to be
divested of entitlement to educational assistance otherwise established
by the earlier period of active duty, the two periods of service will
not be aggregated and will not be considered a single period of
continuous active duty.

\(vii\) Time lost will not be considered to interrupt the continuity of
service. For the purpose of this section, "time lost" includes excess
leave, noncreditable time and not-on-duty time. (Authority: 38 U.S.C.
3011, 3012)

\(7\) *Cost of course.* The term *cost of course* means the total cost
for tuition and fees for a course which an educational institution
charges to nonveterans whose circumstances are similar to veterans
enrolled in the same course. *Cost of course* does not include the cost
of supplies which the student is required to purchase at his or her own
expense. (Authority: 38 U.S.C. 3032; Pub. L. 98-525)

\(8\) *Deficiency course.* The term *deficiency course* means any
secondary level course or subject not previously completed
satisfactorily which is specifically required for pursuit of a
postsecondary program of education. (Authority: 38 U.S.C. 3034; Pub. L.
98-525)

\(9\) *Dependent.* The term *dependent* means:

\(i\) A spouse as defined in §3.50(a) of this chapter,

\(ii\) A child who meets the requirements of §3.57 of this chapter, or

\(iii\) A parent who meets the requirements of §3.59 of this chapter.
(Authority: 38 U.S.C. 3015(d); Pub. L. 98-525)

\(10\) *Divisions of the school year.* The term *divisions of the school
year* has the same meaning as provided in §21.4200(b) of this part.
(Authority: 38 U.S.C. 3034, 3680(a); Pub. L. 98-525)

\(11\) *Drop-add period.* The term *drop-add period* has the same
meaning as provided in §21.4200(l) of this part. (Authority: 38 U.S.C.
3034, 3680(a); Pub. L. 98-525)

\(12\) *Educational assistance.* The term *educational assistance* means
basic educational assistance, supplemental educational assistance, and
all additional amounts payable, commonly called *kickers.* (Authority:
38 U.S.C. 3002; Pub. L. 98-525)

\(13\) *Educational objective.* An educational objective is one that
leads to the awarding of a diploma, degree or certificate which reflects
educational attainment. (Authority: 38 U.S.C. 3002(3), 3452(b); Pub. L.
98-525)

\(14\) *Enrollment.* The term *enrollment* has the same meaning as
provided in §21.4200(n) of this part. (Authority: 38 U.S.C. 3034,
3680(g); Pub. L. 98-525)

\(15\) *Enrollment period* The term *enrollment period* has the same
meaning as provided in §21.4200(p) of this part. (Authority: 38 U.S.C.
3034, 3680(g); Pub. L. 98-525)

\(16\) *Holiday vacation.* The term *holiday vacation* means a
customary, reasonable vacation period connected with a Federal or State
legal holiday which is identified as a holiday vacation in the
educational institution's approved literature. Generally, VA will
interpret a reasonable period as not more than one calendar week at
Christmas and one calendar week at New Year's and shorter periods of
time in connection with other legal holidays. (Authority: 38 U.S.C.
3034, 3680; Pub. L. 98-525)

\(17\) *In residence on a standard quarter- or semester-hour basis.* The
term *in residence on a standard quarter- or semester-hour basis* has
the same meaning as provided in §21.4200(r) of this part. (Authority 38
U.S.C. 3034, 3688(c), Pub. L. 98-525)

\(18\) *Institution of higher learning.* The term *institution of higher
learning* has the same meaning as provided in §21.4200(h) of this part.
(Authority: 38 U.S.C. 3034, 3688; Pub. L. 98-525)

\(19\) *Mitigating circumstances.*

\(i\) The term *mitigating circumstances* means circumstances beyond the
veteran's or servicemember's control which prevent him or her from
continuously pursuing a program of education. The following
circumstances are representative of those which VA considers to be
mitigating. This list is not all-inclusive.

> \(A\) An illness of the veteran or servicemember,
>
> \(B\) An illness or death in the veteran's or servicemember's family,
>
> \(C\) An unavoidable change in the veteran's conditions of employment
>
> \(D\) An unavoidable geographical transfer resulting from the
> veteran's employment,
>
> \(E\) Immediate family or financial obligations beyond the control of
> the veteran which require him or her to suspend pursuit of the program
> of education to obtain employment.
>
> \(F\) Discontinuance of the course by the educational institution,
>
> \(G\) Unanticipated active duty for training,
>
> \(H\) Unanticipated difficulties in caring for the veteran's or
> eligible person's child or children.

\(ii\) In the first instance of a withdrawal after May 31, 1989, from a
course or courses for which the veteran received educational assistance
under title 38, U.S. Code, VA will consider that mitigating
circumstances exist with respect to courses totaling not more than six
semester hours or the equivalent. (Authority: 38 U.S.C. 3034,
3680(a)(1); Pub. L. 100-689)(June 1, 1989)

\(20\) *Nonpunitive grade.* The term *nonpunitive grade* has the same
meaning as provided in §21.4200(j) of this part. (Authority: 38 U.S.C.
3034, 3680(a); Pub. L. 98-525)

\(21\) *Normal commuting distance.* The term *normal commuting distance*
has the same meaning as provided in §21.4200(m) of this part.
(Authority: 38 U.S.C. 3034, 3680; Pub. L. 98-525)

\(22\) *Professional or vocational objective.* A professional or
vocational objective is one that leads to an occupation. It may include
educational objectives essential to prepare for the chosen occupation.
When a program consists of a series of courses not leading to an
educational objective, these courses must be directed toward attainment
of a designated professional or vocational objective. (Authority: 38
U.S.C. 3002(3); Pub. L. 98-525)

\(23\) *Program of education.* A program of education:

\(i\) Is any unit course or subject or combination of courses or
subjects which is pursued by a veteran or servicemember at an
educational institution, and which is required by the Secretary of the
Small Business Administration as a condition to obtaining financial
assistance under the provisions of 15 U.S.C. 636; or

\(ii\) Is a combination of subjects or unit courses pursued at an
educational institution. The combination generally is accepted as
necessary to meet requirements for a predetermined educational,
professional or vocational objective. It may consist of subjects or
courses which fulfill requirements for more than one objective if all
objectives pursued are generally recognized as being related to a single
career field;

\(iii\) Includes an approved full-time program of apprenticeship or of
other on-job training;

\(iv\) Effective November 30, 1999, includes a preparatory course for a
test that is required or used for admission to:

> \(A\) An institution of higher education; or
>
> \(B\) A graduate school; and

\(v\) Includes a licensing or certification test, the passing of which
demonstrates an individual's possession of the knowledge or skill
required to enter into, maintain, or advance in employment in a
predetermined and identified vocation or profession, provided that VA or
a State approving agency has approved the test and the licensing or
credentialing organization or entity that offers the test as provided in
38 U.S.C. 3689. (Authority: 38 U.S.C. 3002(3), 3452(b), 3689)

\(24\) *Punitive grade.* The term *punitive grade* has the same meaning
as provided in §21.4200(k) of this part. (Authority: 38 U.S.C. 3034,
3680(a) Pub. L. 98-525)

\(25\) *Pursuit.*

\(i\) The term *pursuit* means to work, while enrolled, towards the
objective of a program of education. This work must be in accordance
with approved institutional policy and regulations, and applicable
criteria of title 38 U.S.C.; must be necessary to reach the program's
objective; and must be accomplished through:

> \(A\) Resident courses (including teacher training courses and similar
> courses which VA considers to be resident training),
>
> \(B\) Independent study courses,
>
> \(C\) Correspondence courses,
>
> \(D\) An apprenticeship or other on-job training program,
>
> \(E\) A graduate program of research in absentia,
>
> \(F\) Medical-dental internships and residencies, nursing courses and
> other medical-dental specialty courses,
>
> \(G\) A flight training course beginning on or after September 30,
> 1990, or
>
> \(H\) A licensing or certification test taken on or after March 1,
> 2001.

\(ii\) VA will consider a veteran who qualifies for payment during an
interval between terms or school closing, or who qualifies for payment
during a holiday vacation to be in pursuit of a program of education
during the interval, school closing, or holiday vacation. (Authority: 38
U.S.C. 3002, 3034, 3452, 3680(g), 3689; Pub. L. 98-525)

\(26\) *Refresher course.* The term *refresher course* means:

\(i\) Either a course at the elementary or secondary level to review or
update material previously covered in a course that has been
satisfactorily completed, or

\(ii\) A course which permits an individual to update knowledge and
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. (Authority: 38
U.S.C. 3034(a))

\(27\) *Remedial course.* The term *remedial course* means a course
designed to overcome a deficiency at the elementary or secondary level
in a particular area of study, or a handicap, such as in speech.
(Authority: 38 U.S.C. 3034, 38 U.S.C. 3491(a)(2); Pub. L. 98-525)

\(28\) *Secretary.* The term *Secretary* means the Secretary of Defense
with respect to members of the Armed Forces under the jurisdiction of
the Secretary of a military department and the Secretary of
Transportation with respect to the Coast Guard when it is not operating
as a service in the Navy. (Authority: 38 U.S.C. 3002(5); Pub. L. 98-525)

\(29\) *School, educational institution, institution*. The terms school,
educational institution, and institution mean:

\(i\) Any vocational school, correspondence school, business school,
junior college, teachers' college, college, normal school, professional
school, university or scientific or technical institution;

\(ii\) Any public or private elementary school or secondary school which
offers courses for adults, provided that the courses lead to an
objective other than an elementary school diploma, a high school diploma
or their equivalents; and

\(iii\) An entity, other than an institution of higher learning, that
provides training required for completion of a State-approved
alternative teacher certification program. (Authority: 38 U.S.C.
3002(8), 3452(c))

\(30\) *School year.* The term *school year* means generally a period of
2 semesters or 3 quarters which is not less than 30 nor more than 39
weeks in total length. (Authority: 38 U.S.C. 3034; Pub. L. 98-525)

\(31\) *Selected Reserve.* The term *Selected Reserve* means the
Selected Reserve of the Ready Reserve of any of the reserve components
(including the Army National Guard of the United States and the Air
National Guard of the United States) of the Armed Forces, as required to
be maintained under section 268(b), 10 U.S.C. (Authority: 38 U.S.C.
3002(4); Pub. L. 98-525)

\(32\) *Standard class session.* The term *standard class session* has
the same meaning as provided in §21.4200(g) of this part. (Authority: 38
U.S.C. 3034, 3688(c); Pub. L. 98-525)

\(33\) *Standard college degree.* The term *standard college degree* has
the same meaning as provided in §21.4200(e) of this part. (Authority: 38
U.S.C. 3034, 3688; Pub. L. 98-525)

\(34\) *Supplemental educational assistance.* The term *supplemental
educational assistance* means a benefit payable to a veteran or
servicemember as a supplement to his or her basic educational assistance
for pursuit of a program of education under 38 U.S.C. ch. 30.
(Authority: 38 U.S.C. 3002(2); Pub. L*.* 98-525)

\(35\) *Established charge.* The term *established charge* means the
lesser of:

\(i\) The charge for the correspondence course or courses determined on
the basis of the lowest extended time payment plan offered by the
educational institution and approved by the appropriate State approving
agency, or

\(ii\) The actual cost to the servicemember or veteran. (Authority: 38
U.S.C. 3034, 3686(a)(1))

\(36\) *Date of affirmance.* The term *date of affirmance* means the
date (after the expiration of ten days after a veteran or servicemember
signs an enrollment agreement for a correspondence course), on which the
veteran or servicemember signs and submits to VA a written agreement
affirming the enrollment agreement. (Authority: 38 U.S.C. 3034, 3686)

\(37\) *Training establishment*. The term *training establishment* means
any establishment providing apprentice or other training on-the-job,
including those under the supervision of a college, university, any
State department of education, any State apprenticeship agency, any
State board of vocational education, any joint apprenticeship committee,
the Bureau of Apprenticeship and Training established in accordance with
29 U.S.C. chapter 4C, or any agency of the Federal government authorized
to supervise such training. (Authority: 38 U.S.C. 3002, 3452)

\(38\) *Disabling effects of chronic alcoholism.*

\(i\) The term *disabling effects of chronic alcoholism* means
alcohol-induced physical or mental disorders or both, such as habitual
intoxication, withdrawal, delirium, amnesia, dementia, and other like
manifestations of chronic alcoholism which, in the particular case:

\(A\) Have been medically diagnosed as manifestations of alcohol
dependency or chronic alcohol abuse, and

\(B\) Are determined to have prevented commencement or completion of the
affected individual's chosen program of education.

\(ii\) A diagnosis of alcoholism, chronic alcoholism,
alcohol-dependency, chronic alcohol abuse, etc., in and of itself, does
not satisfy the definition of this term.

\(iii\) Injury sustained by a veteran as a proximate and immediate
result of activity undertaken by the veteran while physically or
mentally unqualified to do so due to alcoholic intoxication is not
considered a disabling effect of chronic alcoholism. (Authority: 38
U.S.C. 105, 3031(d), Pub. L*.* 100-689)( Nov. 18, 1988)

\(39\) *Cooperative course.* The term *cooperative course* means a
full-time program of education which consists of institutional courses
and alternate phases of training in a business or industrial
establishment with the training in the business of industrial
establishment being strictly supplemental to the institutional portion.
(Authority: 38 U.S.C. 3002, 3482(a); Pub. L*.* 100-689) (Jan. 1, 1989)

\(40\) *Open period*. The term *open period* means a period of time
beginning on December 1, 1988, and ending on June 30, 1989. (Authority:
38 U.S.C. 3018; Pub. L. 100-689) (Nov. 18, 1988)

\(41\) *Persian Gulf War*. The term *Persian Gulf War* means the period
beginning on August 2, 1990, and ending on the date thereafter
prescribed by Presidential proclamation or by law. (Authority: 38 U.S.C.
101(33); Pub. L. 102-24)

\(42\) *Continuously enrolled*. The term *continuously enrolled* means
being in an enrolled status at an educational institution for each day
during the school year, and for consecutive school years. Continuity of
enrollment is not broken by holiday vacations; vacation periods; periods
during the school year between terms, quarters, or semesters; or by
nonenrollment during periods of enrollment outside the school year
(e.g., summer sessions). (Authority: §313(b), Pub. L. 102-568, 106 Stat.
4333)

\(43\) *Alternative teacher certification program*. The term alternative
teacher certification program, for the purposes of determining whether
an entity offering such a program is a school, educational institution
or institution as defined in paragraph (b)(29)(iii) of this section,
means a program leading to a teacher's certificate that allows
individuals with a bachelor's degree or graduate degree to obtain
teacher certification without enrolling in an institution of higher
learning. (Authority: 38 U.S.C. 3452(c))

\(44\) *Date of election*. The term *date of election* means:

\(i\) For an election that must be made in the form and manner
determined by the Secretary of Defense, the date determined by the
Secretary of Defense; and

\(ii\) For an election that must be submitted to VA, the date VA
receives the written election. (Authority: 38 U.S.C. 3018C(a)(5);
§107(b), Pub. L. 104-275, 110 Stat. 3329-3330)

\(45\) *Institution of higher education*. The term *institution of
higher education* means either:

\(i\) An educational institution, located in a State, that:

\(A\) Admits as regular students only persons who have a high school
diploma, or its recognized equivalent, or persons who are beyond the age
of compulsory school attendance in the State in which the educational
institution is located;

\(B\) Offers postsecondary level academic instruction that leads to an
associate or baccalaureate degree; and

\(C\) Is empowered by the appropriate State education authority under
State law to grant an associate or baccalaureate degree, or where there
is no State law to authorize the granting of a degree, is accredited for
associate or baccalaureate degree programs by a recognized accrediting
agency; or

\(ii\) An educational institution, not located in a State, that:

\(A\) Offers a course leading to an undergraduate standard college
degree or the equivalent; and

\(B\) Is recognized as an institution of higher education by the
secretary of education (or comparable official) of the country or other
jurisdiction in which the educational institution is located.
(Authority: 38 U.S.C. 3002(3)).

\(46\) *Graduate school*. The term *graduate school* means either:

\(i\) An educational institution, located in a State, that:

\(A\) Admits as regular students only persons who have a baccalaureate
degree or the equivalent in work experience;

\(B\) Offers postsecondary level academic instruction that leads to a
master's degree, doctorate, or professional degree; and

\(C\) Is empowered by the appropriate State education authority under
State law to grant a master's degree, doctorate, or professional degree,
or, where there is no State law to authorize the granting of a degree,
is accredited for master's degree, doctorate, or professional degree
programs by a recognized accrediting agency; or

\(ii\) An educational institution, not located in a State, that:

\(A\) Offers a course leading to a master's degree, doctorate, or
professional degree; and

\(B\) Is recognized as an institution of higher education by the
secretary of education (or comparable official) of the country or other
jurisdiction in which the educational institution is located.
(Authority: 38 U.S.C. 3002(3)).

\(47\) *High technology industry*. The term *high technology industry*
has the same meaning as provided in §21.4200(aa). (Authority: 38 U.S.C.
3014A, 3452(c), 3501(a)(6))

\(48\) *Employment in a high technology industry. Employment in a high
technology industry* has the same meaning as provided in §21.4200(bb).
(Authority: 38 U.S.C. 3014A)

\(49\) *High technology occupation*. The term *high technology
occupation* has the same meaning as provided in §21.4200(cc).
(Authority: 38 U.S.C. 3014A, 3452(c), 3501(a)(6))

\(50\) *Computer specialist*. The term *computer specialist* has the
same meaning as provided in §21.4200(dd). (Authority: 38 U.S.C. 3014A,
3452(c), 3501(a)(6))

\(51\) *Accelerated payment*. An *accelerated payment* is a lump sum
payment of a maximum of 60 percent of the charged tuition and fees for
an individual's enrollment for a term, quarter, or semester in an
approved program of education leading to employment in a high technology
industry. In the case of a program of education not offered on a term,
quarter, or semester basis, the accelerated payment is a lump sum
payment of a maximum of 60 percent of the charged tuition and fees for
the entire such program. (Authority: 38 U.S.C. 3014A)

\(52\) *Certification test*. The term *certification test* means a test
that an individual must pass in order to receive a certificate that
provides an affirmation of an individual's qualifications in a specified
occupation. (Authority: 38 U.S.C. 3002(3), 3452(b), 3689)

\(53\) *Licensing test*. The term *licensing test* means a test offered
by a State, local, or Federal agency, the passing of which is a means,
or part of a means, to obtain a license. That license must be required
by law in order for the individual to practice an occupation in the
political jurisdiction of the agency offering the test. (Authority: 38
U.S.C. 3002(3), 3452(b), 3689)

\(54\) *Organization or entity offering a licensing or certification
test*.

\(i\) The term *organization or entity offering a licensing or
certification test* means:

\(A\) An organization or entity that causes a licensing test to be given
and that will issue a license to an individual who passes the test;

\(B\) An organization or entity that causes a certification test to be
given and that will issue a certificate to an individual who passes the
test; or

\(C\) An organization or entity that administers a certification test
for the organization or entity that will issue a certificate to an
individual who passes the test, provided that the administering
organization or entity can provide all required information and
certifications under §21.4268 to the State approving agency and to VA.

\(ii\) This term does not include:

\(A\) An organization or entity that develops and/or proctors a
licensing or certification test, but does not issue the license or
certificate; or

\(B\) An organization or entity that administers a test but does not
issue the license or certificate, if that administering organization or
entity cannot provide all required information and certifications under
§21.4268 to the State approving agency and to VA. (Authority: 38 U.S.C.
3002(3), 3452(b), 3689)

\(55\) *Tuition assistance top-up*. The term *tuition assistance top-up*
means a payment of basic educational assistance to meet all or a portion
of the charges of an educational institution for the education or
training of a servicemember that are not met by the Secretary of the
military department concerned under 10 U.S.C. 2007(a) or (c).
(Authority: 38 U.S.C. 3014(b))

\(56\) *Fugitive felon*. The term *fugitive felon* has the same meaning
as provided in §21.4200(kk). (Authority: 38 U.S.C. 5313B)

\(57\) *Felony*. The term *felony* has the same meaning as provided in
§21.4200(ll). (Authority: 38 U.S.C. 5313B)

\(58\) *Transferor*. The term transferor means an individual, who is:

\(i\) Entitled to educational assistance under the Montgomery GI
Bill--Active Duty program based on his or her own active duty service;
and

\(ii\) Approved by the service department to transfer a portion of his
or her entitlement to his or her dependent or dependents. (Authority: 38
U.S.C. 3020)

\(59\) *Transferee*. The term transferee means an individual to whom
entitlement has been transferred. (Authority: 38 U.S.C. 3020)

\[53 FR 1757, Jan. 22, 1988, as amended at 55 FR 28383, July 11, 1990;
56 FR 20130, May 2, 1991; 57 FR 15023, April 24, 1992; 58 FR 26241, May
3, 1993; 59 FR 24051, May 10, 1994; 61 FR 6785, Feb. 22, 1996; 61 FR
29297, June 10, 1996; 62 FR 55761, Oct. 28, 1997; 64 FR 23772, May 4,
1999; 65 FR 5786, Feb. 7, 2000; 65 FR 67266, Nov. 9, 2000; 66 FR 39279,
July 30, 2001; 68 FR 34328, June 9, 2003; 68 FR 35179, June 12, 2003; 70
FR 25787, May 16, 2005; 71 FR 75674, Dec. 18, 2006; 72 FR 16979, Apr. 5,
2007\]

**Supplement *Highlights* references**: 6(3), 12(3), 23(1), 27(3),
42(1), 47(1), 52(1), 56(3), 62(2,3), 68(1), 71(2), 73(1).

### Next Section is §21.7030

**Claims and Applications**

**§21.7030 Applications, claims and time limits.**

The provisions of subpart B of this part apply with respect to claims
for educational assistance under 38 U.S.C. chapter 30, VA actions upon
receiving a claim, and time limits connected with claims. (Authority: 38
U.S.C. 3018B, 3034(a), 3471, 5101, 5102, 5103)

\[53 FR 1757, Jan. 22, 1988, as amended at 64 FR 23773, May 4, 1999\]

**Supplement *Highlights* reference**: 42(1)

*Next Section is §21.7032*

**§21.7032 Time limits for making elections.**

\(a\) *Scope of this section*. The provisions of this section are
applicable to certain elections to receive educational assistance under
38 U.S.C. ch. 30. For time limits governing formal and informal claims
for educational assistance under 38 U.S.C. ch. 30, see §21.1033.
(Authority: 38 U.S.C. 3018B)

\(b\) *Time limit for completing certain elections*. An individual who
seeks to establish eligibility to receive educational assistance under
§21.7045 must:

\(1\) Within one year of the date of the VA letter or other written
notice to the individual indicating that additional evidence is needed
in order to complete the claim, submit that evidence to VA. This time
limit may be extended if the individual is able to show good cause for
an extension of the period to the date on which he or she actually
submits the additional evidence; and

\(2\) Submit the \$1,200 VA is required pursuant to §21.7045(c)(2) to
collect before educational assistance can be awarded. A delay in
submitting the \$1,200 may result in a later effective date for the
award to the individual, and in no event will VA accept payment of the
\$1,200 from the individual after the last date of eligibility as
determined by §21.7050 or §21.7051. See §21.7131(l). (Authority: 38
U.S.C. 3018B)

\[53 FR 1757, Jan. 22, 1988, as amended at 56 FR 11671, Mar. 20, 1991;
58 FR 63530, Dec. 2, 1993; 61 FR 6785, Feb. 22, 1996; 64 FR 23773, May
4, 1999; 72 FR 16980, Apr. 5, 2007\]

**Supplement *Highlights* references**: 10(1), 23(1), 42(1), 73(1).

*Next Section is §21.7040*

Reserved

Reserved

**§21.7051 Extended period of eligibility.**

\(a\) *Period of eligibility may be extended*. VA shall grant an
extension of the applicable delimiting period, as otherwise determined
by §21.7050 of this part provided:

\(1\) The veteran applies for an extension within the time specified in
§21.1033(c).

\(2\) The veteran was prevented from initiating or completing the chosen
program of education within the otherwise applicable eligibility period
because of a physical or mental disability that did not result from the
veteran's willful misconduct. VA will not consider the disabling effects
of chronic alcoholism to be the result of willful misconduct. (See
§21.7020(b)(38)) It must be clearly established by medical evidence that
such a program of education was medically infeasible. VA will not
consider a veteran who is disabled for a period of 30 days or less as
having been prevented from initiating or completing a chosen program
unless the evidence establishes that the veteran was prevented from
enrolling or reenrolling in the chosen program or was forced to
discontinue attendance, because of the short disability. (Authority: 38
U.S.C. 105, 3031(d); Pub. L. 98-525, Pub. L. 100-689) (Nov. 18, 1988)

\(b\) *Commencing date.* The veteran shall elect the commencing date of
an extended period of eligibility. The date chosen:

\(1\) Must be on or after the original date of expiration of eligibility
as determined by §21.7050 of this part, and

\(2\) Must either be:

\(i\) On or before the 90th day following the date on which the
veteran's application for an extension was approved by VA, if the
veteran is training during the extended period of eligibility in a
course not organized on a term, quarter or semester basis, or

\(ii\) On or before the commencing date of the first ordinary term,
quarter or semester following the 90th day after the veteran's
application for an extension was approved by VA, if the veteran is
training during the extended period of eligibility in a course organized
on a term, quarter or semester basis. (Authority: 38 U.S.C. 3031(d);
Pub. L. 98-525)

\(c\) *Length of extended periods of eligibility.* A veteran's extended
period of eligibility shall be for the length of time that the
individual was prevented from initiating or completing his or her chosen
program of education. This shall be determined as follows:

\(1\) If the veteran is in training in a course organized on a term,
quarter or semester basis, his or her extended period of eligibility
shall contain the same number of days as the number of days from the
date during the veteran's original eligibility period that his or her
training became medically infeasible to the earliest of the following
date.

\(i\) The commencing date of the ordinary term, quarter or semester
following the day the veteran's training became medically infeasible,

\(ii\) The last date of the veteran's delimiting date as determined by
§21.7050 of this part, or

\(iii\) The date the veteran resumed training.

\(2\) If the veteran is training in a course not organized on a term,
quarter or semester basis, his or her extended period of eligibility
shall contain the same number of days as the number of days from the
date during the veteran's original delimiting period that his or her
training became medically infeasible to the earlier of the following
dates:

\(i\) The date the veteran's training became medically feasible, or

\(ii\) The veteran's delimiting date as determined by §21.7050 of this
part. (Authority: 38 U.S.C. 3031(d); Pub. L. 98-525)

\[53 FR 1757, Jan. 22, 1988, as amended at 56 FR 20133, May 2, 1991; 64
FR 23773, May 4, 1999; 72 FR 16980, Apr. 5, 2007\]

**Supplement *Highlights* references**: 42(1), 73(1).

*Next Section is §21.7070*

**Entitlement**

**§21.7070 Entitlement.**

An eligible servicemember or veteran is entitled to a monthly benefit
for periods of time during which he or she is enrolled in, and
satisfactorily pursuing, an approved program of education. (Authority:
38 U.S.C. 3014; Pub. L. 98-525)

*Next Section is §21.7072*

**§21.7074 Entitlement to supplemental educational assistance.**

In determining the entitlement of a veteran or servicemember who is
eligible for supplemental educational assistance VA shall:

\(a\) Calculate the veteran's or servicemember's entitlement to basic
educational assistance on the day he or she establishes eligibility for
supplemental educational assistance, and

\(b\) Credit the veteran or servicemember with the same number of months
and days entitlement to supplemental educational assistance as the
number calculated in paragraph (a) of this section. (Authority: 38
U.S.C. 3023; Pub. L. 98-525)

**§21.7075 Entitlement to tuition assistance top-up.**

An individual who is entitled to educational assistance under 38 U.S.C.
chapter 30 is also entitled to 36 months of tuition assistance top-up.
This entitlement is parallel to, and does not replace, the entitlement
to educational assistance available under §21.7072. If the individual
receives tuition assistance top-up, VA will make a charge against both
the entitlement under §21.7072 and the entitlement under this section.
The charge will be as described in §21.7076(b)(11). (Authority: 38
U.S.C. 3013, 3014(b), 3032)

\[72 FR 16980, Apr. 5, 2007\]

**Supplement *Highlights* reference**: 73(1)

Reserved

**§21.7076 Entitlement charges.**

\(a\) *Overview*. VA will make charges against entitlement as stated in
this section.

\(1\) Charges will be made against the entitlement the veteran or
servicemember has to educational assistance under 38 U.S.C. chapter 30
as the assistance is paid.

\(2\) There will be a charge (for record purposes only) against the
remaining entitlement, under 38 U.S.C. chapter 34, of an individual who
is receiving the educational assistance under §21.7137 of this part. The
record-purpose charges against entitlement under 38 U.S.C. chapter 34
will not count against the 48 months of total entitlement under both 38
U.S.C. chapters 30 and 34 to which the veteran or servicemember may be
entitled. (*See* §21.4020(a) of this part).

\(3\) Generally, VA will base those entitlement charges on the principle
that a veteran or servicemember who trains full time for one day should
be charged one day of entitlement. However, this general principle does
not apply to a veteran or servicemember who:

\(i\) Is pursuing correspondence training;

\(ii\) Is pursuing flight training;

\(iii\) Is pursuing an apprenticeship or other on-job training;

\(iv\) Is paid an accelerated payment;

> \(v\) Is receiving educational assistance for taking an approved
> licensing or certification test; or
>
> \(vi\) Is receiving tuition assistance top-up.

\(4\) The provisions of this section apply to:

> \(i\) Veterans and servicemembers training under 38 U.S.C. chapter 30;
> and
>
> \(ii\) Veterans training under 38 U.S.C. chapter 31 who make a valid
> election under §21.21 of this part to receive educational assistance
> equivalent to that paid to veterans under 38 U.S.C. chapter 30.
> (Authority: 38 U.S.C. 3013, 3014(b), 3014A, 3689)

\(b\) *Determining entitlement charge.* This paragraph states how VA
generally will determine the charge against the entitlement of a
servicemember or veteran who is receiving educational assistance.
However, when the circumstances described in paragraph (e) apply to a
servicemember or veteran, VA will use that paragraph to determine an
entitlement charge instead of this paragraph.

\(1\) Except for those pursuing correspondence training, flight
training, apprenticeship or other on-job training; those receiving
tuition assistance top-up; those receiving educational assistance for
taking an approved licensing or certification test; those receiving
tutorial assistance; and those receiving an accelerated payment, VA will
make a charge against entitlement:

\(i\) On the basis of total elapsed time (one day for each day of
pursuit) if the servicemember or veteran is pursuing the program of
education on a full-time basis,

\(ii\) On the basis of a proportionate rate of elapsed time, if the
veteran or servicemember is pursuing the program of education on a
three-quarter, one-half or less than one-half time basis. For the
purpose of this computation, training time which is less than one-half,
but more than one-quarter time, will be treated as though it were
one-quarter time training.

\(2\) VA will compute elapsed time from the commencing date of the award
to date of discontinuance. If the veteran or servicemember changes his
or her training time after the commencing date of the award, VA will:

\(i\) Divide the enrollment period into separate periods of time during
which the veteran's or servicemember's training time remains constant,
and

\(ii\) Compute the elapsed time separately for each time period.
(Authority: 38 U.S.C. 3013)

\(3\) For each month that a veteran is paid a monthly educational
assistance allowance while undergoing apprenticeship or other on-job
training, VA will make a charge against chapter 30 entitlement of:

\(i\) .75 of a month in the case of payments made during the first six
months of the veteran's pursuit of the program of apprenticeship or
other on-job training,

\(ii\) .55 of a month in the case of payments made during the second six
months of the veteran's pursuit of the program of apprenticeship or
other on-job training, and

\(iii\) .35 of a month in the case of payments made following the first
twelve months of the veteran's pursuit of apprenticeship or other on-job
training. (Authority: 38 U.S.C. 3032(c))

\(4\) For each month that a veteran is paid a monthly educational
assistance allowance while undergoing apprenticeship or other on-job
training, VA will make a record purpose charge against chapter 34
entitlement, if any, of one month for each month of benefits paid to him
or her. (Authority: 38 U.S.C. 3015(e), 3032(c))

\(5\) When a veteran or servicemember is pursuing a program of education
by correspondence, VA will make a charge against entitlement for each
payment made to him or her. The charge:

\(i\) Will be made in months and decimal fractions of a month, and

\(ii\) Will be determined by dividing the amount of the payment by an
amount equal to the rate of educational assistance otherwise applicable
to him or her for full-time training (disregarding in the case of a
servicemember the cost of course comparison). (Authority: 38 U.S.C.
3032(d))

\(6\) When a veteran or servicemember is pursuing a program of education
partly in residence and partly by correspondence, VA will make a charge
against entitlement:

\(i\) For the residence portion of the program as provided in paragraphs
(b)(1) and (2) of this section, and

\(ii\) For the correspondence portion of the program as provided in
paragraph (b)(5) of this section. (Authority: 38 U.S.C. 3032(c),
3032(d))

\(7\) When a veteran or servicemember is paid an accelerated payment, VA
will make a charge against entitlement for each accelerated payment made
to him or her. The charge:

\(i\) Will be made in months and decimal fractions of a month; and

\(ii\) Will be determined by dividing the amount of the accelerated
payment by an amount equal to the rate of basic educational assistance
otherwise applicable to him or her for full-time institutional training.
If the rate of basic educational assistance increases during the
enrollment period, VA will charge entitlement for the periods covered by
the initial rate and the increased rate, respectively. (Authority: 38
U.S.C. 3014A)

\(8\) If an individual is paid tutorial assistance as provided in
§21.7141, the following provisions will apply.

\(i\) There will be no charge to entitlement for the first \$600 of
tutorial assistance paid to an individual under 38 U.S.C. ch. 30.

\(ii\) VA will make a charge against the period of entitlement of one
month for each amount of tutorial assistance paid under 38 U.S.C. ch.
30, to the individual in excess of \$600 that is equal to the amount of
monthly educational assistance the individual is otherwise eligible to
receive for full-time pursuit of a residence course as provided in
§§21.7136, 21.7137 and 21.7138, as appropriate. When the amount of
tutorial assistance paid to the individual in excess of \$600 is less
than the amount of monthly educational assistance the individual is
otherwise eligible to receive, the entitlement charge will be prorated.
(Authority: 38 U.S.C. 3019; Pub. L. 100-689) (Nov. 18, 1988)

\(9\) When a veteran or servicemember is pursuing a program of education
through flight training, VA will make a charge against entitlement for
each payment made to him or her. The charge:

\(i\) Will be made in months and decimal fractions of a month, and

\(ii\) Will be determined by dividing the amount of the payment by an
amount equal to the rate of basic educational assistance otherwise
applicable to him or her for full-time institutional training.
(Authority: 38 U.S.C. 3031(f))

\(10\) When a servicemember receives tuition assistance top-up, VA will
make a charge against his or her entitlement as established under
§21.7072 equal to the number of months and days determined by dividing
the total amount paid by an amount equal to the servicemember's monthly
rate of basic educational assistance as calculated under §21.7136. VA
will make a charge against his or her tuition assistance top-up
entitlement as established under §21.7075 by subtracting from that
entitlement the total number of months and days in the term, quarter, or
semester for which the servicemember received tuition assistance.
(Authority: 38 U.S.C. 3014(b))

\(11\) When a veteran or servicemember receives educational assistance
for taking an approved licensing or certification test, VA will make a
charge against his or her entitlement equal to the number of months and
days determined by dividing the total amount paid by an amount equal to
the servicemember's monthly rate of basic educational assistance as
calculated under §21.7136, excluding any additional "kicker" that may be
paid under §21.7136(g). (Authority: 38 U.S.C. 3032(f)(2))

\(c\) *Overpayment cases.* VA will make a charge against entitlement for
an overpayment only if the overpayment is discharged in bankruptcy; is
waived, and is not recovered; or is compromised.

\(1\) If the overpayment is discharged in bankruptcy or is waived and is
not recovered, the charge against entitlement will be at the appropriate
rate for the elapsed period covered by the overpayment (exclusive of
interest, administrative costs of collection, court costs and marshal
fees).

\(2\) If the overpayment is compromised and the compromise offer is less
than the amount of interest, administrative costs of collection, court
costs and marshal fees, the charge against entitlement will be at the
appropriate rate for the elapsed period covered by the overpayment
(exclusive of interest, administrative costs of collection, court costs
and marshal fees).

\(3\) If the overpayment is compromised and the compromise offer is
equal to or greater than the amount of interest, administrative costs of
collection, court costs and marshal fees, the charge against entitlement
will be determined by:

\(i\) Subtracting the portion of the debt attributable to interest,
administrative costs of collection, court costs and marshal fees from
the compromise offer,

\(ii\) Subtracting the amount determined in paragraph (c)(3)(i) of this
section from the amount of the original debt (exclusive of interest,
administrative costs of collection, court costs and marshal fees)

\(iii\) Dividing the result obtained in paragraph (c)(3)(ii) of this
section by the amount of the original debt (exclusive of interest,
administrative costs of collection, court costs and marshal fees), and

\(iv\) Multiplying the percentage obtained in paragraph (c)(3)(iii) of
this section by the amount of the entitlement which represents the whole
overpaid period. (Authority: 38 U.S.C. 3013; Pub. L. 98-525)

\(d\) *Interruption to conserve entitlement.* A veteran may not
interrupt a certified period of enrollment for the purpose of conserving
entitlement. An educational institution may not certify a period of
enrollment for a fractional part of the normal term, quarter or
semester, if the veteran or servicemember is enrolled for the entire
term, quarter or semester. VA will make a charge against entitlement for
the entire period of certified enrollment, if the veteran or
servicemember is otherwise eligible for educational assistance, except
when educational assistance is interrupted under any of the following
conditions:

\(1\) Enrollment is terminated;

\(2\) The veteran or servicemember cancels his or her enrollment, and
does not negotiate an educational assistance check for any part of the
certified period of enrollment;

\(3\) The veteran or servicemember interrupts his or her enrollment at
the end of any term, quarter or semester within the certified period of
enrollment, and does not negotiate a check for educational assistance
for the succeeding term, quarter or semester;

\(4\) The veteran or servicemember requests interruption or cancellation
for any break when a school was closed during a certified period of
enrollment, and VA continued payments under an established policy based
upon an Executive Order of the President or an emergency situation.
Whether the veteran or servicemember negotiated a check for educational
assistance for the certified period is immaterial. (Authority: 38 U.S.C.
3013; Pub. L. 98-525)

\(e\) *No entitlement charge for some individuals*. When the criteria
described in this paragraph are met, VA will make no charges against the
entitlement as described in paragraph (b) of this section.

\(1\) VA will make no charge against an individual's entitlement when
the individual:

\(i\) Either:

\(A\) While not serving on active duty, had to discontinue pursuit of a
course or courses as a result of being ordered, in connection with the
Persian Gulf War, to serve on active duty under section 672(a), (d), or
(g), 673, 673b, or 688 of title 10, U.S. Code; or

\(B\) While serving on active duty, had to discontinue pursuit of a
course or courses as a result of being ordered, in connection with the
Persian Gulf War, to a new duty location or assignment or to perform an
increased amount of work.

\(ii\) Failed to receive credit or lost training time toward completion
of the individual's approved educational, professional or vocational
objective as a result of having to discontinue his or her course
pursuit.

\(2\) The period for which receipt of educational assistance allowance
is not charged against the entitlement of an individual described in
paragraph (e)(1) of this section shall not exceed the portion of the
period of enrollment in the course or courses for which the individual
failed to receive credit or with respect to which the individual lost
training time. (Authority: 38 U.S.C. 3013(f); Pub. L. 102-127 (Oct. 10,
1991))

\[53 FR 1757, Jan. 22, 1988, as amended at 55 28385, July 11, 1990; 56
FR 20134, May 2, 1991; 56 FR 26035, June 6, 1991; 56 FR 31332, July 10,
1991; 57 FR 15024, April 24, 1992; 58 FR 26241, May 3, 1993; 68 FR
35179, June 12, 2003; 72 FR 16980, Apr. 5, 2007\]

**Supplement *Highlights* references**: 6(3), 62(3), 73(1).

*Next Section is §21.7080*

**Transfer of Entitlement to Basic Educational Assistance to
Dependents**

**§21.7080 Transfer of entitlement.**

An individual entitled to educational assistance under the Montgomery GI
Bill--Active Duty (38 U.S.C. chapter 30) program based on his or her own
active duty service, and who is approved by a service department to
transfer a portion of his or her entitlement, may transfer up to a total
of 18 months of his or her entitlement to a dependent (or among
dependents). A transferor may not transfer an amount of entitlement that
is greater than the entitlement he or she has available.

\(a\) *Application of sections in subpart K to individuals in receipt of
transferred entitlement*. In addition to the rules in this section, the
following sections apply to a dependent in the same manner as they apply
to the individual from whom entitlement was transferred.

\(1\) *Definitions*. Section 21.7020---Definitions. (Authority: 38
U.S.C. 3020)

\(2\) *Claims and Applications*. Section 21.7030---Applications, claims,
and time limits. (Authority: 38 U.S.C. 3020)

\(3\) *Eligibility*.

> \(i\) Section 21.7050---Ending dates of eligibility, only paragraphs
> (h) and (i); and
>
> \(ii\) Section 21.7051---Extended period of eligibility, except that
> extensions to dependents are subject to the transferor's right to
> revoke transfer at any time and that VA may only extend a child's
> ending date to the date the child attains age 26. (Authority: 38
> U.S.C. 3020)

\(4\) *Entitlement*.

\(i\) Section 21.7070---Entitlement;

\(ii\) Section 21.7075---Entitlement to tuition assistance top-up; and

\(iii\) Section 21.7076---Entitlement charges. (Authority: 38 U.S.C.
3020)

\(5\) *Counseling*.

\(i\) Section 21.7100---Counseling; and

\(ii\) Section 21.7103---Travel expenses. (Authority: 38 U.S.C. 3020)

\(6\) *Programs of Education*.

(i) Section 21.7110---Selection of program of education;

**Programs of Education**

**§21.7110 Selection of a program of education.**

\(a\) *Payments of educational assistance are usually based on pursuit
of a program of education*. In order to receive educational assistance
under 38 U.S.C. chapter 30, a veteran or servicemember must:

\(1\) Be pursuing an approved program of education;

\(2\) Be pursuing refresher or deficiency courses;

\(3\) Be pursuing other preparatory or special education or training
courses necessary to enable the veteran or servicemember to pursue an
approved program of education;

\(4\) Have taken an approved licensing or certification test, for which
he or she is requesting reimbursement; or

\(5\) Be an individual who has taken a course for which the individual
received tuition assistance provided under a program administered by the
Secretary of a military department under 10 U.S.C. 2007(a) or (c), for
which the individual is requesting tuition assistance top-up.
(Authority: 38 U.S.C. 3014, 3023, 3034, 3689)

\(b\) *Approval of a program of education*. VA will approve a program of
education under 38 U.S.C. chapter 30 that a veteran or servicemember
selects if:

\(1\) It meets the definition of a program of education found in
§21.7020(b)(23);

\(2\) Except for a program consisting of a licensing or certification
test, has an objective as described in §21.7020(b)(13) or (22);

\(3\) The courses, subjects, or licensing or certification tests in the
program are approved for VA training; and

\(4\) Except for a program consisting of a licensing or certification
test designed to help the veteran or servicemember maintain employment
in a vocation or profession, the veteran or servicemember is not already
qualified for the objective of the program. (Authority: 38 U.S.C.
3002(3), 3034, 3471, 3689)

\[53 FR 1757, Jan. 22, 1988, as amended at 53 FR 3207, Feb. 4, 1988; 56
FR 20135, May 2, 1991; 72 FR 16980, Apr. 5, 2007\]

**Supplement *Highlights* reference**: 73(1)

Next Section is §21.7112

**§21.7112 Programs of education combining two or more types of
courses.**

\(a\) *Concurrent enrollment.*

\(1\) When a veteran or servicemember cannot successfully schedule his
or her complete program at one educational institution, VA may approve a
program of concurrent enrollment. When requesting such a program, the
veteran or servicemember must show that his or her complete program of
education is not available at the educational institution in which he or
she will pursue the major portion of his or her program (the primary
educational institution), or that it cannot be scheduled successfully
within the period in which he or she plans to complete his or her
program. When the standards for measurement of the courses pursued
concurrently in the two educational institutions are different, the
concurrent enrollment shall be measured by converting the measurement of
courses being pursued at the second educational institution under the
standard applicable to such institution to its equivalent measurement
under the standard required for full-time courses applicable to the
primary educational institution. For a complete discussion of
measurement of concurrent enrollments see §21.7172 of this part.
(Authority: 38 U.S.C. 3034, 3688; Pub. L. 99-576)

\(2\) The veteran or servicemember must submit the monthly certification
of attendance and pursuit. Each educational institution where concurrent
enrollment is approved must either endorse that certification, or submit
a separate certification showing the veteran's or servicemember's
enrollment and pursuit. (Authority: 38 U.S.C. 3034(b); Pub. L. 98-525)

\(b\) *Courses offered under contract.* In administering benefits
payable under 38 U.S.C. chapter 30, the VA will apply the provisions of
§21.4233(e) of this part in the same manner as they are applied under 38
U.S.C. chapter 34. (Authority: 38 U.S.C. 3034(a); Pub. L. 98-525)

\(c\) *Television*. In determining whether a veteran or servicemember
may pursue all or part of a program of education under 38 U.S.C. chapter
30 by television, VA will apply the provisions of §21.4233(c).
(Authority: 38 U.S.C. 3034(a))

\[53 FR 1757, Jan. 22, 1988, as amended at 55 FR 28386, July 11, 1990;
62 FR 40280, July 28, 1997\]

**Supplement *Highlights* reference**: 33(1)

*Next Section is §21.7114*

**§21.7122 Courses precluded.**

\(a\) *Unapproved courses*. The provisions of this section which refer
to a State approving agency will be deemed to refer to VA with respect
to a State when that State does not have and fails or declines to create
or designate a State approving agency; or fails to enter into an
agreement as provided in §21.4153 (see §21.4150(c)). Except for payment
of tuition assistance top-up, VA will not pay educational assistance
for:

\(1\) An enrollment in any course that a State approving agency has not
approved;

\(2\) A new enrollment in a course while a State approving agency has
suspended the course for new enrollments;

\(3\) Any period within an enrollment in a course if the period occurs
after the date a State approving agency disapproves the course; or

\(4\) Taking a licensing or certification test after the date a State
approving agency disapproves the test. See §21.7220. (Authority: 38
U.S.C. 3014(b), 3034, 3672)

\(b\) *Courses outside a program of education*. VA will not pay
educational assistance for an enrollment in any course that is not part
of a program of education unless the veteran or servicemember is
enrolled in:

\(1\) A refresher course (including a course which will permit the
veteran or servicemember to update knowledge and skills or be instructed
in the technological advances which have occurred in the veteran's or
servicemember's field of employment);

\(2\) A deficiency course;

\(3\) A preparatory, special education, or training course necessary to
enable the veteran or servicemember to pursue an approved program of
education; or

\(4\) A course for which the veteran or servicemember is seeking tuition
assistance top-up. (Authority: 38 U.S.C. 3002(3), 3014(b), 3034,
3452(b))

\(c\) *Erroneous, deceptive, misleading practices*.

\(1\) VA will not pay educational assistance for:

\(i\) An enrollment in any course offered by an educational institution
that uses advertising, sales, or enrollment practices that are
erroneous, deceptive, or misleading by actual statement, omission, or
intimation.

\(ii\) Taking a licensing or certification test if the organization or
entity offering the test uses advertising or sales practices, or
candidate handbooks, that are erroneous, deceptive, or misleading by
actual statement, omission, or intimation.

\(2\) VA will apply the provisions of §21.4252(h) in making these
payment decisions. (Authority: 3034, 3689(d), 3696)

\(d\) *Restrictions on enrollment: percentage of students receiving
financial support.* Except as otherwise provided VA shall not approve an
enrollment in any course for a veteran or servicemember, not already
enrolled for any period during which more than 85 percent of the
students enrolled in the course are having all or part of their tuition,
fees or other charges paid for them by the educational institution or by
VA pursuant to title 38, United States Code. This restriction may be
waived in whole or in part. In determining which courses to apply this
restriction to and whether to waive this restriction, VA will apply the
provisions of §21.4201 of this part to enrollments under 38 U.S.C.
chapter 30 in the same manner as it does to enrollments under 38 U.S.C.
chapter 34. (Authority: 38 U.S.C. 3034, 3473(d); Pub. L. 98-525)

\(e\) *Other courses*. VA shall not pay educational assistance for:

\(1\) An enrollment in an audited course (see §21.4252(i));

\(2\) An enrollment in a course for which the veteran or servicemember
received a nonpunitive grade in the absence of mitigating circumstances
(see §21.4252(j));

\(3\) New enrollments in a course where approval has been suspended by a
State approving agency;

\(4\) An enrollment in certain courses being pursued by nonmatriculated
students as provided in §21.4252(l);

\(5\) Except as provided in §21.4252(j), an enrollment in a course from
which the veteran or servicemember withdrew without mitigating
circumstances;

\(6\) An enrollment in a course offered by a proprietary school when the
veteran or servicemember is an official of the school authorized to sign
certificates of enrollment or monthly certificates of attendance or
monthly certifications of pursuit, an owner of the school, or an
operator of the school;

\(7\) Except as provided in §21.7120(d), an enrollment in a
nonaccredited independent study course;

\(8\) An enrollment in a course offered under contract for which VA
approval is prohibited by §21.4252(m); or

\(9\) Taking a licensing or certification test after the date the State
approving agency suspends approval of the test. (Authority: 38 U.S.C.
3002(3), 3034, 3672(a), 3676, 3680(a), 3680A(a), 3680A(f), 3680(g),
3689(d))

\[53 FR 1757, Jan. 22, 1988, as amended at 55 FR 28386, July 11, 1990;
56 FR 20135, May 2, 1991; 61 FR 6788, Feb. 22, 1996; 65 FR 81742, Dec.
27, 2000; 72 FR 16981, Apr. 5, 2007\]

**Supplement *Highlights* references**: 23(1), 53(1), 73(1).

*Next Section is §21.7124*

**§21.7124 Overcharges.**

\(a\) *Overcharges by educational institutions may result in the
disapproval of enrollments*. VA may disapprove an educational
institution for further enrollments when the educational institution
charges or receives from a veteran or servicemember tuition and fees
that exceed the established charges that the educational institution
requires from similarly circumstanced nonveterans enrolled in the same
course. (Authority: 38 U.S.C. 3034, 3690(a))

\(b\) *Overcharges by organizations or entities offering licensing or
certification tests may result in disapproval of tests*. VA may
disapprove an organization or entity offering a licensing or
certification test when the organization or entity offering the test
charges or receives from a veteran or servicemember fees that exceed the
established fees that the organization or entity requires from similarly
circumstanced nonveterans taking the same test. (Authority: 38 U.S.C.
3689(d), 3690(a))

\[53 FR 1757, Jan. 22, 1988, as amended at 72 FR 16981, Apr. 5, 2007\]

**Supplement *Highlights* reference**: 73(1)

Next Section is §21.7030

**Payments---Educational Assistance**

**§21.7130 Educational assistance.**

VA will pay educational assistance to an eligible veteran or
servicemember while he or she is pursuing approved courses in a program
of education at the rates specified in §§21.7136, 21.7137 and 21.7139 of
this part. (Authority: 38 U.S.C. 3015, 3022, 3032; Pub. L. 98-525)

**§21.7131 Commencing dates.**

VA will determine under this section the commencing date of an award or
increased award of educational assistance. When more than one paragraph
in this section applies, VA will award educational assistance using the
latest of the applicable commencing dates.

\(a\) *Entrance or reentrance including change of program or educational
institution*. When an eligible veteran or servicemember enters or
reenters into training (including a reentrance following a change of
program or educational institution), the commencing date of his or her
award of educational assistance will be determined as follows:

\(1\) For other than licensing or certification tests.

\(i\) If the award is the first award of educational assistance for the
program of education the veteran or servicemember is pursuing, the
commencing date of the award of educational assistance is the latest of:

> \(A\) The date the educational institution certifies under paragraph
> (b) or (c) of this section;
>
> \(B\) One year before the date of claim as determined by §21.1029(b);
>
> \(C\) The effective date of the approval of the course;
>
> \(D\) One year before the date VA receives approval notice for the
> course; or
>
> \(E\) November 1, 2000, if paragraph (p) of this section applies to
> the individual.

\(ii\) If the award is the second or subsequent award of educational
assistance for the program of education the veteran or servicemember is
pursuing, the effective date of the award of educational assistance is
the later of:

> \(A\) The date the educational institution certifies under paragraph
> (b) or (c) of this section; or
>
> \(B\) The effective date of the approval of the course, or one year
> before the date VA receives the approval notice, whichever is later.
> (Authority: 38 U.S.C. 3014, 3023, 3034, 3672)

\(2\) *For licensing or certification tests*. VA will award educational
assistance for the cost of a licensing or certification test only when
the veteran or servicemember takes such test:

\(i\) While the test is approved under 38 U.S.C. chapter 36;

\(ii\) While the veteran or servicemember is eligible for educational
assistance under this subpart; and

\(iii\) No more than one year before the date VA receives a claim for
reimbursement of the cost of the test. (Authority: 38 U.S.C. 3014, 3023,
3034, 3672, 3689, 5110, 5113)

\(b\) *Certification by school---the course or subject leads to a
standard college degree*.

\(1\) When the student enrolls in a course offered by independent study,
the commencing date of the award or increased award of educational
assistance will be the date the student began pursuit of the course
according to the regularly established practices of the educational
institution.

\(2\) When a student enrolls in a resident course or subject, the
commencing date of the award or increased award of educational
assistance will be the first scheduled date of classes for the term,
quarter or semester in which the student is enrolled, except as provided
in paragraphs (b)(3), (b)(4) ,and (b)(5) of this section.

\(3\) When the student enrolls in a resident course or subject whose
first scheduled class begins after the calendar week when, according to
the school's academic calendar, classes are scheduled to commence for
the term, quarter, or semester, the commencing date of the award or
increased award of educational assistance allowance will be the actual
date of the first class scheduled for that particular course or subject.

\(4\) When a student enrolls in a resident course or subject, the
commencing date of the award will be the date of reporting provided
that:

\(i\) The published standards of the school require the student to
register before reporting, and

\(ii\) The published standards of the school require the student to
report no more than 14 days before the first scheduled date of classes
for the term, quarter or semester for which the student has registered.

\(5\) When the student enrolls in a resident course or subject and the
first day of classes is more than 14 days after the date of
registration, the commencing date of the award or the increased award of
educational assistance will be the first day of classes. (Authority: 38
U.S.C. 3014, 3023; Pub. L. 98-525)

\(c\) *Certification by educational institution or training
establishment---course does not lead to a standard college degree*.

\(1\) When a veteran or servicemember enrolls in a course which does not
lead to a standard college degree and which is offered in residence, the
commencing date of the award of educational assistance will be as stated
in paragraph (b) of this section.

\(2\) When a veteran or servicemember enrolls in a course which is
offered by correspondence, the commencing date of the award of
educational assistance shall be the later of:

\(i\) The date the first lesson was sent, or

\(ii\) The date of affirmance.

\(3\) When a veteran enrolls in a program of apprenticeship or other
on-the-job training, the commencing date of the award of educational
assistance shall be the first date of employment in the training
position. (Authority: 38 U.S.C. 3014, 3023; Pub. L. 98-525, Pub. L.
99-576)

\(d\) *Individual is eligible due to combining active duty as an
enlisted member or warrant officer with active duty as a commissioned
officer*. If a veteran served in the Armed Forces both as an enlisted
member or warrant officer and as a commissioned officer, and that
service was such that he or she is eligible only through application of
§21.7020(b)(6)(v), the commencing date of the award of educational
assistance will be no earlier than November 30, 1999. (Authority:
§702(c), Pub. L. 106-117, 113 Stat. 1583).

\(e\) *Increase for a dependent.* A veteran who was eligible for
educational assistance allowance under 38 U.S.C. chapter 34 on December
31, 1989, is entitled to additional educational assistance for
dependents. No other veteran or servicemember is eligible for additional
educational assistance. The effective date for the additional
educational assistance is determined as follows:

\(1\) The veteran may acquire one or more dependents before he or she
enters or reenters a program of education. When this occurs, the
following rules apply.

\(i\) The effective date of the increase will be the date of entrance or
reentrance if:

\(A\) VA receives the claim for the increase within 1 year of the date
of entrance or reentrance, and

\(B\) VA receives necessary evidence within 1 year of its request, or
the veteran shows that good cause exists for VA's not receiving the
necessary evidence within 1 year of its request. See 21.7032.

\(ii\) The effective date of the increase will be the date the VA
receives notice of the dependent's existence if:

\(A\) VA receives the claim for the increase more than 1 year after the
date of entrance or reentrance, and

\(B\) VA receives notice of the dependent's existence if evidence is
received either within 1 year of VA request, or the veteran shows that
there is good cause to extend the one-year time limit to the date on
which VA received notice of the dependent's existence.

\(iii\) The effective date will be the date VA receives all necessary
evidence, if that evidence is received more than 1 year from the date VA
requests it, unless the veteran is able to show that there is good cause
to extend the one-year time limit to the date on which VA received
notice of the dependent's existence. If the veteran shows good cause,
the provisions of paragraph (e)(1)(ii)(B) of this section will apply.

\(2\) If the veteran acquires a dependent after he or she enters or
reenters a program of education, the increase will be effective on the
latest of the following dates:

\(i\) Date of the veteran's marriage or birth of his or her child, or
his or her adoption of a child, if the evidence of the event is received
within 1 year of the event.

\(ii\) Date notice is received of the dependent's existence if evidence
is received either within 1 year of the VA request, or the veteran shows
that there is good cause to extend the one-year time limit to the date
on which VA received notice of the dependent's existence.

\(iii\) The date VA receives evidence if this date is more than 1 year
after the VA request, and the veteran is not able to show that there is
good cause to extend the one-year time limit to the date on which VA
received notice of the dependent's existence. (Authority: 38 U.S.C.
5110(n)) (See §3.667 of this chapter as to effective dates with regard
to children age 18 and older who are attending school)

\(f\) *Liberalizing laws and VA issues.* When a liberalizing law or VA
issue affects the commencing date of a veteran's or servicemember's
award of educational assistance, that commencing date shall be in
accordance with facts found, but not earlier than the effective date of
the act or administrative issue. (Authority: 38 U.S.C. 5112(b), 5113;
Pub. L. 98-525)

\(g\) *Correction of military records (§21.7050(b)).* The eligibility of
a veteran may arise because the nature of the veteran's discharge or
release is changed by appropriate military authority. In these cases the
commencing date of educational assistance will be in accordance with
facts found, but not earlier than the date the nature of the discharge
or release was changed. (Authority: 38 U.S.C. 3031(b); Pub. L. 98-525)

\(h\) *Individuals in a penal institution*. If a veteran or a
servicemember is paid a reduced rate of educational assistance under
§21.7139 (c) and (d) of this part, the rate will be increased or
assistance will commence effective the earlier of the following dates:

\(1\) The date the tuition and fees are no longer being paid under
another Federal program or a State or local program, or

\(2\) The date of the release from the prison or jail. (Authority: 38
U.S.C. 3034, 3482(g); Pub. L. 98-525)

\(i\) *Commitment to service in the Selected Reserve.* If a veteran has
established eligibility to educational assistance through two years'
active duty service, and he or she establishes entitlement to an
increased monthly rate through commitment to serve four years in the
Selected Reserve, the effective date of the increase is the date on
which he or she:

\(1\) Is committed to serve four years in the Selective Reserve, and

\(2\) Is attached to a unit of the Selected Reserve. (Authority: 38
U.S.C. 3012; Pub. L. 98-525)

\(j\) *Increase due a servicemember due to monetary contributions*.

\(1\) If a servicemember is contributing additional amounts as provided
in §21.7136(h), and is enrolled in an educational institution operated
on a term, quarter, or semester basis, the monthly rate payable to the
servicemember will increase on the first day of the term, quarter, or
semester following the term, quarter, or semester in which the
servicemember made the contribution(s).

\(2\) If a servicemember is contributing additional amounts as provided
in §21.7136(h), and is enrolled in an educational institution not
operated on a term, quarter, or semester basis, the monthly rate payable
to the servicemember will increase on the first day of the enrollment
period following the enrollment period in which the servicemember made
the contribution. (Authority: 38 U.S.C. 3011(e), 3012(f))

\(k\) *Increase* ("*kicker*") *due to service in the Selected Reserve*.
If a veteran is entitled to an increase ("kicker") in the monthly rate
of basic educational assistance because he or she has met the
requirements of §21.7136(g) or §21.7137(e), the effective date of that
increase ("kicker") will be the latest of the following dates:

> \(1\) The commencing date of the veteran's award as determined by
> paragraphs (a) through (j) of this section;
>
> \(2\) The first date on which the veteran is entitled to the increase
> ("kicker") as determined by the Secretary of the military department
> concerned; or
>
> \(3\) February 10, 1996. (Authority: 10 U.S.C. 16131)

\(l\) *Eligibility established under §21.7042(a)(7) or (b)(10).* This
paragraph must be used to establish the effective date of an award of
educational assistance when the veteran or servicemember has established
eligibility under either §21.7042 (a)(7) or (b)(10). The commencing date
of an award of educational assistance for such a veteran or
servicemember is the latest of the following:

\(1\) The commencing date as determined by paragraphs (a) through (c)
and (f) through (j) of this section;

\(2\) The date of election provided that:

\(i\) The servicemember initiated the \$1,200 reduction in basic pay
required by §21.7042(g)(4) and the full \$1,200 was collected through
that pay reduction;

\(ii\) Within one year of the date of election VA both collected from
the veteran \$1,200 or the difference between \$1,200 and the amount
collected through a reduction in the veteran's military pay, as provided
in §21.7042(g)(4), and received from the veteran any other evidence
necessary to establish a valid election; or

\(iii\) VA received from the veteran \$1,200 or the difference between
\$1,200 and the amount collected through a reduction in the veteran's
military pay and any other evidence necessary to establish a valid
election within one year of the date VA requested the money and/or the
evidence.

\(3\) If applicable, the date VA collected the difference between
\$1,200 and the amount by which the servicemember's military pay was
reduced, if the provisions of paragraph (l)(2)(ii) or (l)(2)(iii) of
this section are not met; or

\(4\) If applicable, the date VA collected \$1,200, if the provisions of
paragraph (l)(2)(ii) or (l)(2)(iii) of this section are not met.
(Authority: 38 U.S.C. 5113; §107, Pub. L. 104-275, 110 Stat. 3329-3330)

\(m\) *Eligibility established under §21.7045(d).* This paragraph must
be used to establish the effective date of an award of educational
assistance when the veteran or servicemember has established eligibility
under §21.7045(d). The commencing date of an award of educational
assistance for such a veteran or servicemember is the latest of the
following:

\(1\) The commencing date as determined by paragraphs (a) through (c)
and (f) through (j) of this section;

\(2\) The date of election provided that:

\(i\) The servicemember initiated the \$1,200 reduction in basic pay
required by §21.7045(d)(3) and the full \$1,200 was collected through
that pay reduction;

\(ii\) Within one year of the date of election VA both collected from
the veteran \$1,200 or the difference between \$1,200 and the amount
collected through a reduction in the veteran's military pay, as provided
in §21.7045(d)(3), and received from the veteran any other evidence
necessary to establish a valid election; or

\(iii\) VA received from the veteran \$1,200 or the difference between
\$1,200 and the amount collected through a reduction in the veteran's
military pay and any other evidence necessary to establish a valid
election within one year of the date VA requested the money and/or the
evidence.

\(3\) If applicable, the date VA collected the difference between
\$1,200 and the amount by which the servicemember's military pay was
reduced, if the provisions of paragraph (m)(2)(ii) or (m)(2)(iii) of
this section are not met; or

\(4\) If applicable, the date VA collected \$1,200, if the provisions of
paragraph (m)(2)(ii) or (m)(2)(iii) of this section are not met.
(Authority: 38 U.S.C. 3018C(a), (b), 5113)

(The Office of Management and Budget has approved information collection
requirements in this section under control number 2900-0607.)

\(n\) *Eligibility established under §21.7045(c).* The effective date of
an award of educational assistance when the veteran has established
eligibility under §21.7045(c) is as follows:

\(1\) If the veteran is not entitled to receive educational assistance
under 38 U.S.C. ch. 32 on the date he or she made a valid election to
receive educational assistance under 38 U.S.C. ch. 30, the effective
date of the award of educational assistance will be the latest of the
following.

\(i\) The commencing date as determined by paragraphs (a) through (c)
and (f) through (j) of this section; or

\(ii\) October 23, 1992, provided that VA received the \$1,200 required
to be collected pursuant to §21.7045(c)(2) and any other evidence
necessary to establish that the election is valid before the later of:

> \(A\) October 23, 1993; or
>
> \(B\) One year from the date VA requested the \$1,200 or the evidence
> necessary to establish a valid election; or

\(iii\) The date VA received the \$1,200 required to be collected
pursuant to §21.7045(c)(2) and all other evidence needed to establish
that the election is valid, if the provisions of paragraph (n)(1)(ii) of
this section are not met.

\(2\) If the veteran is entitled to receive educational assistance under
38 U.S.C. ch. 32 on the date he or she made a valid election to receive
educational assistance under 38 U.S.C. ch. 30, the effective date of the
award of educational assistance will be the latest of the following:

\(i\) The commencing date as determined by paragraphs (a) through (c)
and (f) through (j) of this section; or

\(ii\) The date on which the veteran made a valid election to receive
educational assistance under 38 U.S.C. chapter 30 provided that VA
received the \$1,200 required to be collected pursuant to §21.7045(c)(2)
and any other evidence necessary to establish that the election is valid
before the later of:

> \(A\) One year from the date VA received the valid election; or
>
> \(B\) One year from the date VA requested the \$1,200 or the evidence
> necessary to establish a valid election; or

\(iii\) The date VA received the \$1,200 required to be collected
pursuant to §21.7045(c)(2) and all other evidence needed to establish
that the election is valid, if the provisions of paragraph (n)(2)(ii) of
this section are not met. (Authority 38 U.S.C. 3018B)

\(o\) *Eligibility established under §21.7045(e).* This paragraph must
be used to establish the effective date of an award of educational
assistance when the veteran or servicemember has established eligibility
under §21.7045(e). The commencing date of an award of educational
assistance for such a veteran or servicemember is the later of the
following:

\(1\) The commencing date as determined by paragraphs (a) through (c)
and (f) through (k) of this section; or

\(2\) The date on which:

\(i\) The servicemember's basic pay is reduced by \$2,700;

\(ii\) The Secretary of the military department concerned collected the
difference between \$2,700 and the amount by which the military
department concerned reduced the veteran's basic pay following the
veteran's election under §21.7045(e), provided that this collection was
accomplished through a method other than reducing the veteran's retired
or retainer pay; or

\(iii\) The Secretary of the military department concerned first reduced
the veteran's retired or retainer pay in order to collect the difference
between \$2,700 and the amount by which the military department
concerned reduced the veteran's basic pay following the election under
§21.7045(e). (Authority: 38 U.S.C. 3018C(e))

\(p\) *Eligibility established due to changes to §§21.7042 and 21.7044*.
The commencing date of educational assistance will be no earlier than
November 1, 2000, if a veteran would have been prevented from
establishing eligibility by one or more of the former requirements
described in paragraphs (p)(1) through (p)(4) of this section and the
veteran is enabled to establish eligibility due to the removal of the
statutory bases for those requirements. (For the purposes of this
paragraph, the applicable provisions of those former requirements appear
in the July 1, 2002 revision of the Code of Federal Regulations, title
38.)

\(1\) *A period of active duty other than the initial period was used to
establish eligibility*. The veteran was enabled to establish eligibility
by the removal of the former eligibility requirement in 38 CFR
21.7042(a)(2)(ii), 21.7042(a)(5)(iv)(A), and 21.7042(a)(5)(iv)(B),
revised as of July 1, 2002, that a veteran had to use his or her initial
period of active duty to establish eligibility for educational
assistance. (Authority: §102(e), Pub. L. 106-419, 114 Stat. 1825)

\(2\) *High school education eligibility criterion met after the
qualifying period of active duty*. The veteran was enabled to establish
eligibility by the removal of the former eligibility requirement in 38
CFR 21.7042(a)(3), 21.7042(b)(2), and 21.7042(c)(4), revised as of July
1, 2002, that before completing the period of active duty used to
establish eligibility for educational assistance, a veteran had to
complete the requirements for a secondary school diploma (or an
equivalency certificate) or successfully complete (or otherwise receive
academic credit for) 12 semester hours (or the equivalent) in a program
of education leading to a standard college degree. (Authority: §103(e),
Pub. L. 106-419, 114 Stat. 1826-27)

\(3\) *High school education eligibility criterion met after October 29,
1994*. The veteran was enabled to establish eligibility by the removal
of the former eligibility requirement in 38 CFR 21.7042(a)(6),
21.7042(b)(11), and 21.7044(b)(13), revised as of July 1, 2002, that
certain veterans meet the requirements for a secondary school diploma
(or an equivalency certificate) before October 29, 1994, in order to
establish eligibility for educational assistance. (Authority: §103(e),
Pub. L. 106-419, 114 Stat. 1826-27)

\(4\) *High school education eligibility criterion for veterans formerly
eligible under 38 U.S.C. chapter 34 met after January 1, 1990*. The
veteran was enabled to establish eligibility by the removal of the
former eligibility requirement in 38 CFR 21.7044(a)(3) and
21.7044(b)(3), revised as of July 1, 2002, that, as one of the two ways
that certain veterans could meet the educational criteria for
establishing eligibility, the veteran must before January 1, 1990, meet
the requirements for a secondary school diploma (or equivalency
certificate). (Authority: §103(e), Pub. L. 106-419, 114 Stat. 1826-27)

\(q\) *Fugitive felons*.

\(1\) An award of educational assistance allowance to an otherwise
eligible veteran may begin effective the date the warrant for the arrest
of the felon is cleared by:

> \(i\) Arrest;
>
> \(ii\) Surrendering to the issuing authority;
>
> \(iii\) Dismissal; or
>
> \(iv\) Court documents (dated after the warrant) showing the veteran
> is no longer a fugitive.

\(2\) An award of educational assistance allowance to a dependent who is
otherwise eligible to transferred entitlement may begin effective the
date the warrant is cleared by:

> \(i\) Arrest;
>
> \(ii\) Surrendering to the issuing authority;
>
> \(iii\) Dismissal; or
>
> \(iv\) Court documents (dated after the warrant) showing the
> individual is no longer a fugitive. (Authority: 38 U.S.C. 5313B)

\(r\) *Spouse eligible for transferred entitlement*. If a spouse is
eligible for transferred entitlement under §21.7080, the commencing date
of the award of educational assistance will be no earlier than the
latest of the following dates:

\(1\) The date the Secretary of the service department concerned
approves the transferor to transfer entitlement;

\(2\) The date the transferor completes 6 years of service in the Armed
Forces;

\(3\) The date the transferor specified in his or her designation of
transfer; or

\(4\) The date the spouse first meets the definition of spouse in
§3.50(a) of this chapter. (Authority: 38 U.S.C. 3020)

\(s\) *Child eligible for transferred entitlement*. If a child is
eligible for transferred entitlement under §21.7080, the commencing date
of the award of educational assistance will be no earlier than the
latest of the following dates:

\(1\) The date the Secretary of the service department concerned
approves the transferor to transfer entitlement;

\(2\) The date the transferor completes 10 years of service in the Armed
Forces;

\(3\) The date the transferor specified in his or her designation of
transfer;

\(4\) The date the child first meets the definition of child in §3.50(a)
of this chapter;

\(5\) Either:

\(i\) The date the child completes the requirements of a secondary
school diploma (or equivalency certificate); or

\(ii\) The date the child attains age 18. (Authority: 38 U.S.C. 3020)

\[53 FR 1757, Jan. 22, 1988, as amended at 55 FR 28386, July 11, 1990,
56 FR 11672, Mar. 20, 1991; 57 FR 40615, Sept. 4, 1992; 61 FR 6788, Feb.
22, 1996; 62 FR 55519, Oct. 27, 1992; 63 FR 34132, June 23, 1998; 64 FR
23773, May 4, 1999; 65 FR 5787, Feb. 7, 2000; 66 FR 38939, July 26,
2001; 66 FR 39280, July 30, 2001; 66 FR 42586, Aug. 13, 2001; 68 FR
34331, June 9, 2003; 70 FR 25787, May 16, 2005; 71 FR 75677, Dec. 18,
2006; 72 FR 16981, Apr. 5, 2007\]

**Supplement *Highlights* references**: 23(1), 35(1), 39(3), 42(1),
47(1), 56(2), 56(3), 62(2), 68(1), 71(2), 73(1).

Next Section is §21.7133

**§21.7133 Suspension or discontinuance of payments.**

VA may suspend or discontinue payments of educational assistance. In
doing so, VA will apply §§21.4210 through 21.4216. (Authority: 38 U.S.C.
3034, 3690)

\[53 FR 1757, Jan. 22, 1988, as amended at 63 FR 35837, July 1, 1998\]

**Supplement *Highlights* reference**: 39(4)

*Next Section is §21.7135*

**§21.7135 Discontinuance dates.**

The effective date of reduction or discontinuance of educational
assistance will be as stated in this section. Reference to reduction of
educational assistance due to the loss of a dependent only applies to
veterans who were eligible to receive educational assistance allowance
under 38 U.S.C. chapter 34 on December 31, 1989. No other veteran or
servicemember will have his or her educational assistance reduced due to
a loss of a dependent. If more than one type of reduction or
discontinuance is involved, the earliest date will control.

\(a\) *Death of veteran or servicemember*.

\(1\) If the veteran or servicemember receives an advance payment
pursuant to 38 U.S.C. 3680(d) and dies before the period covered by the
advance payment ends, the discontinuance date of educational assistance
shall be the last date of the period covered by the advance payment.

\(2\) In all other cases if the veteran or servicemember dies while
pursuing his or her program of education, the discontinuance date of
educational assistance shall be the last date of attendance.

\(b\) *Death of dependent.* When a veteran's dependent dies, and the
veteran has been receiving additional educational assistance based on
the dependent, the effective date of reduction of the veteran's
educational assistance shall be the last day of the month in which the
death occurs. (Authority: 38 U.S.C. 5112(b), 5113; Pub. L. 98-525)

\(c\) *Divorce.* If the veteran becomes divorced, the effective date of
reduction of his or her educational assistance is the last day of the
month in which the divorce occurs. (Authority: 38 U.S.C. 5112(b), 5113;
Pub. L. 98-525)

\(d\) *Dependent child.* If the veteran's award of educational
assistance must be reduced because his or her dependent child ceases to
be dependent, the effective date of reduction will be as follows.

\(1\) If the veteran's child marries, the effective date of reduction
will be the last day of the month in which the marriage occurs.

\(2\) If the veteran's child reaches age 18, the effective date of
reduction will be the day preceding the dependent child's 18th birthday.

\(3\) If the veteran is receiving additional educational assistance
based on a child's school attendance between the child's 18th and 23rd
birthdays, the effective date of reduction of the veteran's educational
assistance will be the last day of the month in which the dependent
child stops attending school, or the day before the dependent child's
23rd birthday, whichever is earlier.

\(4\) If the veteran is receiving additional educational assistance
because his or her child is helpless, the effective date of reduction
will be the last day of the month following 60 days after VA notifies
the veteran that the dependent child's helplessness has ceased.
(Authority: 38 U.S.C. 5112(b), 5113; Pub. L. 98-525)

\(e\) *Course discontinued, course interrupted, course terminated,
course not satisfactorily completed or withdrawn from.*

\(1\) If the veteran or servicemember, for reasons other than being
called or ordered to active duty, withdraws from all courses or receives
all nonpunitive grades, and in either case there are no mitigating
circumstances, VA will terminate or reduce educational assistance
effective the first date of the term in which the withdrawal occurs or
the first date of the term for which nonpunitive grades are assigned.
(Authority: 38 U.S.C. 3680(a); Pub. L. 102-127 (Aug. 1, 1990))

\(2\) If the veteran or servicemember withdraws from all courses with
mitigating circumstances or withdraws from all courses such that a
punitive grade is or will be assigned for those courses or the veteran
withdraws from all courses because he or she is ordered to active duty,
VA will terminate educational assistance for:

\(i\) Residence training: last date of attendance; and

\(ii\) Independent study: official date of change in status under the
practices of the educational institution.

\(3\) When a veteran or servicemember withdraws from a correspondence
course, VA will terminate educational assistance effective the date the
last lesson is serviced.

\(4\) When a veteran or servicemember withdraws from an apprenticeship
or other on-the-job training VA will terminate educational assistance
effective the date of last training. (Authority: 38 U.S.C. 3034,
3680(a); Pub. L. 98-525, Pub. L. 99-576)

\(5\) When a veteran or servicemember withdraws from a flight course, VA
will terminate educational assistance effective the date of last
instruction. (Authority: 38 U.S.C. 3034(f))

\(f\) *Reduction in the rate of pursuit of the course.* If the veteran
or servicemember reduces the rate of training by withdrawing from part
of a course, but continues training in part of the course, the
provisions of this paragraph apply.

\(1\) If the reduction in the rate of training occurs other than on the
first date of the term, VA will reduce the veteran's or servicemember's
educational assistance effective the date on which the withdrawal occurs
when either:

\(i\) A nonpunitive grade is assigned for the part of the course from
which he or she withdraws; and

\(A\) The veteran or servicemember withdraws because he or she is
ordered to active duty; or

\(B\) The withdrawal occurs with mitigating circumstances; or

\(ii\) A punitive grade is assigned for the part of the course from
which the reservist withdraws.

\(2\) VA will reduce educational assistance effective the first date of
the enrollment in which the reduction occurs when:

\(i\) The reduction occurs on the first date of the term; or

\(ii\) The veteran or servicemember:

\(A\) Receives a nonpunitive grade for the part of the course from which
he or she withdraws; and

\(B\) Withdraws without mitigating circumstances; and

\(C\) Does not withdraw because he or she is ordered to active duty.
(Authority: 38 U.S.C. 3680(a))

\(3\) A veteran or servicemember, who enrolls in several subjects and
reduces his or her rate of pursuits by completing one or more of them
while continuing training in the others, may receive an interval payment
based on the subjects completed if the requirements of §21.7140(d) are
met. If those requirements are not met, VA will reduce the individual's
educational assistance effective the date the subject or subjects were
completed. (Authority: 38 U.S.C. 3034, 3680(a), 5113(b))

\(g\) *End of course or period of enrollment.* If a veteran's or
servicemember's course or period of enrollment ends, the effective date
of reduction or discontinuance of his or her award of educational
assistance will be the ending date of the course or period of enrollment
as certified by the educational institution. (Authority: 38 U.S.C.
3034(b), 3680; Pub. L. 98-525)

\(h\) *Nonpunitive grade.*

\(1\) If the veteran or servicemember does not withdraw, but
nevertheless receives a nonpunitive grade in a particular course, VA
will reduce his or her educational assistance effective the first date
of enrollment for the term In which the grade applies, when no
mitigating circumstances are found.

\(2\) If an individual does not withdraw, but nevertheless receives a
nonpunitive grade in a particular course, VA will reduce his or her
educational assistance effective the last date of attendance when
mitigating circumstances are found.

\(3\) If an individual receives a nonpunitive grade through
nonattendance in a particular course, VA will reduce the individual's
educational assistance effective the last date of attendance when
mitigating circumstances are found.

\(4\) If an individual receives a nonpunitive grade through
nonattendance in a particular course, VA will reduce the individual's
educational assistance effective the first date of enrollment in which
the grade applies, when no mitigating circumstances are found.
(Authority: 38 U.S.C. 3034, 3680; Pub. L. 98-525)

\(i\) *Discontinued by VA.* If VA discontinues payment to a veteran or
servicemember following the procedures stated in §§21.4215(d) and
21.4216, the date of discontinuance of payment of educational assistance
will be:

\(1\) Date on which payments first were suspended by the Director of a
VA facility as provided in §21.4210, if the discontinuance was preceded
by such a suspension.

\(2\) End of the month in which the decision to discontinue, made by VA
under §21.7133 or §21.4215(d), is effective, if the Director of a VA
facility did not suspend payments before the discontinuance. (Authority:
38 U.S.C. 3034, 3680; Pub. L. 98-525)

\(j\) *Disapproval by State approving agency.* If a State approving
agency disapproves a course in which a veteran or servicemember is
enrolled, the date of discontinuance of payment of educational
assistance will be:

\(1\) Date on which payments first were suspended by the Director of a
VA Regional Processing Office as provided in §21.4210, if disapproval
was preceded by such a suspension.

\(2\) End of the month in which disapproval is effective or VA receives
notice of the disapproval, whichever is later, provided that the
Director of a VA Regional Processing Office did not suspend payments
before the disapproval. (Authority: 38 U.S.C. 3034, 3672(a), 3690; Pub.
L. 98-525)

\(k\) *Disapproval by VA.* If VA disapproves a course in which a veteran
or servicemember is enrolled, the effective date of discontinuance of
payment of educational assistance will be:

\(1\) The date on which the Director of a VA Regional Processing Office
first suspended payments, as provided in §21.4210, if such a suspension
preceded the disapproval.

\(2\) The end of the month in which the disapproval occurred, provided
that the Director of a VA Regional Processing Office did not suspend
payments before the disapproval. (Authority: 38 U.S.C. 3034, 3671(b),
3672(a), 3690; Pub. L. 98-525)

\(l\) *Unsatisfactory progress, conduct or attendance*. If a veteran's
or servicemember's progress, conduct or attendance is unsatisfactory,
his or her educational assistance shall be discontinued effective the
earlier of the following:

\(1\) The date the educational institution discontinues the veteran's or
servicemember's enrollment, or

\(2\) The date on which the veteran's or servicemember's progress,
conduct or attendance becomes unsatisfactory according to the
educational institution's regularly established standards of progress,
conduct or attendance. (Authority: 38 U.S.C. 3034, 3474)

\(m\) *Required certifications not received after certification of
enrollment.* If VA does not timely receive the veteran's or
servicemember's certification of attendance or does not timely receive
the educational institution's endorsement of the certification or the
educational institution's certification of attendance or pursuit, VA
will assume that the veteran or servicemember has withdrawn. VA will
apply the provisions of paragraph (e) of this section. VA considers the
receipt of a certificate of attendance to be timely if it is received
within 60 days of the last day of the month for which attendance is to
be certified. (Authority: 38 U.S.C. 3034(b); Pub. L. 98-525)

\(n\) *False or misleading statements.* If educational assistance is
paid as the result of false or misleading statements, see §21.7158.
(Authority: 38 U.S.C. 3034, 3690; Pub. L. 98-525)

\(o\) *Conflicting interests (not waived).* If an educational
institution and VA have conflicting interests as provided in §21.4005
and §21.7305, and VA does not grant the veteran a waiver, the date of
discontinuance shall be 30 days after the date of the letter notifying
the veteran. (Authority: 38 U.S.C. 3034, 3683, Pub. L. 98-525)

\(p\) *Incarceration in prison or penal institution for conviction of a
felony.*

\(1\) The provisions of this paragraph apply to a veteran or
servicemember whose educational assistance must be discontinued or who
becomes restricted to payment of educational assistance at a reduced
rate under §21.7139 (c) and (d).

\(2\) The reduced rate or discontinuance will be effective the latest of
the following dates:

\(i\) The first day on which all or part of the veteran's or
servicemember's tuition and fees were paid by a Federal, State or local
program.

\(ii\) The date the veteran or servicemember is incarcerated in prison
or penal institution, or

\(iii\) The commencing date of the award as determined by §21.7131.
(Authority: 38 U.S.C. 3034, 3482(g); Pub. L. 98-525)

\(q\) *Active duty.* If a veteran reenters on active duty, the effective
date of reduction of his or her award of educational assistance shall be
the day before the veteran's entrance on active duty. (This reduction
does not apply to brief periods of active duty for training if the
educational institution permits absence for active duty for training
without considering the veteran's pursuit of a program of education to
be interrupted). (Authority: 38 U.S.C. 3032)

\(r\) Record-purpose charge against entitlement under 38 U.S.C. chapter
34 equals entitlement that remained on December 31, 1989. An individual,
who is receiving basic educational assistance at the rates stated in
§21.7137(a), will have his or her award reduced to the rates found in
§21.7136(a) effective the date the total of the individual's
record-purpose charges against his or her entitlement under 38 U.S.C.
chapter 34 equals the entitlement to that benefit which the individual
had on December 31, 1989. (Authority: 38 U.S.C. 30159(c); Pub. L.
98-525)

\(s\) *Exhaustion of entitlement under 38 U.S.C. chapter 30.*

\(1\) If an individual who is enrolled in an educational institution
regularly operated on the quarter or semester system exhausts his or her
entitlement under 38 U.S.C. chapter 30, the discontinuance date shall be
the last day of the quarter or semester in which entitlement is
exhausted.

\(2\) If an individual who is enrolled in an educational institution not
regularly operated on the quarter or semester system exhausts his or her
entitlement under 38 U.S.C. chapter 30 after more than half of the
course is completed, the discontinuance date shall be the earlier of the
following:

\(i\) The last day of the course, or

\(ii\) 12 weeks from the day the entitlement is exhausted.

\(3\) If an individual who is enrolled in an educational institution not
regularly operated on the quarter or semester system exhausts his or her
entitlement under 38 U.S.C. chapter 30 before completing the major
portion of the course, the discontinuance date will be the date the
entitlement is exhausted. (Authority: 38 U.S.C. 3031(e), Pub. L. 98-525)

\(t\) *Eligibility expires.* If the veteran is pursuing a course on the
date of expiration of eligibility as determined under §21.7050 or
§21.7051 VA will discontinue educational assistance effective the day
preceding the end of the eligibility period. (Authority: 38 U.S.C.
3034(a), Pub. L. 98-525)

\(u\) *Veteran fails to participate satisfactorily in the Selected
Reserve.* If a veteran is attempting to establish eligibility through
service on active duty combined with service in the Selected Reserve,
and he or she fails to participate satisfactorily in the Selected
Reserve before completing the required service in the Selected Reserve,
the effective date of reduction of the award of educational assistance
will be the date the Secretary determines that he or she failed to
participate satisfactorily. (Authority: 38 U.S.C. 3012; Pub. L. 98-525)

\(v\) *Error---payee's or administrative.*

\(1\) When an act of commission or omission by a payee or with his or
her knowledge results in an erroneous award of educational assistance,
the effective date of the reduction or discontinuance will be the
effective date of the award, or the day before the act, whichever is
later, but not before the date on which the award would have ended had
the act not occurred.

\(2\) When VA, the Department of Defense, or the Department of
Transportation makes an administrative error or error in judgment that
is the sole cause of an erroneous award, VA must reduce or terminate the
award effective the date of last payment. (Authority: 38 U.S.C. 5112(b),
5113)

\(w\) *Forfeiture for fraud* If a veteran's or servicemember's
educational assistance must be forfeited due to fraud, the effective
date of discontinuance shall be the later of:

\(1\) The effective date of the award, or

\(2\) The day before the date of the fraudulent act. (Authority: 38
U.S.C. 6103; Pub. L. 98-525)

\(x\) *Forfeiture for treasonable acts or subversive activities.* If a
veteran's or servicemember's educational assistance must be forfeited
due to treasonable acts or subversive activities, the effective date of
discontinuance shall be the later of:

\(1\) The effective date of the award, or

\(2\) The date before the date the veteran or servicemember committed
the treasonable act or subversive activities for which he or she was
convicted. (Authority: 38 U.S.C. 6104, 6105; Pub. L. 98-525)

\(y\) *Change in law or VA issue or interpretation.* If there is a
change in applicable law or VA issue, or in the Department of Veterans
Affairs' application of the law or VA issue, VA will use the provisions
of §3.114(b) of this chapter to determine the date of discontinuance of
the veteran's or servicemember's educational assistance. (Authority: 38
U.S.C. 5112, 5113; Pub. L. 98-525)

\(z\) *Independent study course loses accreditation*. Except as
otherwise provided in §21.7120(d), if the veteran or servicemember is
enrolled in a course offered in whole or in part by independent study,
and the course loses its accreditation (or the educational institution
offering the course loses its accreditation), the date of reduction or
discontinuance will be the effective date of the withdrawal of
accreditation by the accrediting agency. (Authority: 38 U.S.C. 3014,
3034, 3676, 3680A(a))

(aa) *Fugitive felons*.

\(1\) VA will not award educational assistance allowance to an otherwise
eligible veteran for any period after December 26, 2001, during which
the veteran is a fugitive felon. The date of discontinuance of an award
of educational assistance allowance to a veteran who is a fugitive felon
is the later of:

\(i\) The date of the warrant for the arrest of the felon; or

\(ii\) December 27, 2001.

\(2\) VA will not award educational assistance allowance to a dependent
who is otherwise eligible to transferred entitlement if the dependent is
a fugitive felon or if the veteran who transferred the entitlement is a
fugitive felon. The date of discontinuance of an award of educational
assistance allowance to a dependent is the later of:

\(i\) The date of the warrant; or

\(ii\) December 27, 2001. (Authority: 38 U.S.C. 5313B)

(bb) *Reduction following loss of increase* ("*kicker*") *for Selected
Reserve service*. If a veteran is entitled to an increase ("kicker") in
the monthly rate of basic educational assistance as provided in
§21.7136(g) or §21.7137(e), due to service in the Selected Reserve, and
loses that entitlement, the effective date for the reduction in the
monthly rate payable is the date, as determined by the Secretary of the
military department concerned, that the veteran is no longer entitled to
the increase ("kicker"). (Authority: 10 U.S.C. 16131)

\(cc\) *Except as otherwise provided.* If a veteran's or servicemember's
educational assistance must be discontinued for any reason other than
those stated in the other paragraphs of this section, VA will determine
the date of discontinuance of educational assistance on the basis of
facts found. (Authority: 38 U.S.C. 5112(a), 5113; Pub. L. 98-525)

(dd) *Dependent exhausts transferred entitlement*. The discontinuance
date of an award of educational assistance to a dependent, who exhausts
the entitlement transferred to him or her is the date he or she exhausts
the entitlement. (Authority: 38 U.S.C. 3020)

(ee) *Transferor revokes transfer of entitlement*. If the transferor
revokes a transfer of entitlement, the dependent's date of
discontinuance is the effective date of the revocation of transfer as
determined under §21.7080(g)(2). (Authority: 38 U.S.C. 3020)

(ff) *Transferor fails to complete additional active duty service
requirement*. VA will discontinue each award of educational assistance
given to a dependent, effective the first date of each such award when:

\(1\) The transferor fails to complete the additional active duty
service requirement that afforded him or her the opportunity to transfer
entitlement to educational assistance; and

\(2\) The service department discharges the transferor for a reason
other than one of the reasons stated in §21.7080(m)(1). (Authority: 38
U.S.C. 3020)

(gg) *Spouse eligible for transferred entitlement and transferor
divorce*. If a spouse eligible for transferred entitlement and the
transferor divorce, the spouse's discontinuance date is the date of the
divorce. (Authority: 38 U.S.C. 101(31), 103, 3020)

(hh) *Child eligible for transferred entitlement marries*. If a child
eligible for transferred entitlement marries, the date of discontinuance
is the date the child marries. (Authority: 38 U.S.C. 101(4), 3020)

\(ii\) *Stepchild eligible for transferred entitlement no longer member
of transferor's household*. If a stepchild eligible for transferred
entitlement ceases to be a member of the transferor's household, the
date of discontinuance is the date the stepchild was no longer a member
of the transferor's household. See §21.7080(c)(4). (Authority: 38 U.S.C.
101(4), 3020)

\[53 FR 1757, Jan. 22, 1988, as amended at 55 FR 28386, July 11, 1990;
57 FR 15024, April 24, 1992; 58 FR 26242, May 3, 1993; 61 FR 6788, Feb.
22, 1996; 61 FR 26116, May 24, 1996; 62 FR 55519, Oct. 27, 1997; 63 FR
35837, July 1, 1998; 64 FR 38577, July 19, 1999; 64 FR 51901, Sept. 27,
1999; 66 FR 38939, July 26, 2001; 66 FR 42586, Aug. 13, 2001; 70 FR
25787, May 16, 2005; 71 FR 75677, Dec. 18, 2006; 72 FR 16981, Apr. 5,
2007\]

**Supplement *Highlights* references**: 6(3), 23(1), 27(1), 35(1),
39(4), 44(1), 46(1), 56(2), 68(1), 71(2), 73(1)

**§21.7136 Rates of payment of basic educational assistance.**

The monthly rate of educational assistance payable to a veteran or
servicemember depends in part upon the service requirements he or she
met to establish eligibility for that educational assistance.

\(a\) *Service requirements for higher rates*. The monthly rate of basic
educational assistance payable to a veteran or servicemember shall be
the rate stated in paragraph (b) of this section when:

\(1\) The veteran has established eligibility for educational assistance
under §21.7045; or

\(2\) The veteran has established eligibility under §21.7042, and one of
the following sets of circumstances exist.

\(i\) The veteran's qualifying obligated period of active duty is at
least three years; or

\(ii\) The veteran's qualifying obligated period of active duty is at
least two years and less than three years and either the veteran has
served or is committed to serve in the Selected Reserve for a period of
at least four years, or the veteran was committed to serve in the
Selected Reserve for a period of at least four years but failed to
complete four years service for one of the reasons stated in
§21.7042(b)(7)(i) or (iii); or

\(iii\) The veteran's qualifying obligated period of active duty is at
least two years and less than three years and:

\(A\) The basic educational assistance is payable for training received
after August 31, 1993;

\(B\) The veteran's continuous active duty service beginning on the date
of the commencement of his or her qualifying obligated period of active
duty is at least three years and upon completion of that continuous
period of active duty the veteran either:

(*1*) Continues on active duty; or

(*2*) Is discharged from active duty with an honorable discharge; or

(*3*) Is released after service on active duty characterized by the
Secretary concerned as honorable service and is placed on the retired
list, transferred to the Fleet Reserve or the Fleet Marine Corps
Reserve, placed on the temporary disability retired list; or

(*4*) Is released from active duty for further service in a reserve
component of the Armed Forces after service on active duty characterized
by the Secretary concerned as honorable service. (Authority: 38 U.S.C.
3015(a))

\(b\) *Rates*.

\(1\) Except as elsewhere provided in this section or in §21.7139, the
monthly rate of basic educational assistance payable for training that
occurs after September 30, 2004, to a veteran whose service is described
in paragraph (a) of this section, is the rate stated in the following
table:

*Training Monthly rate*

> Full time\...\...\...\...\...\...\...\...\...\...\...\...\...
> \$1004.00
>
> 3/4
> time\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...
> 753.00
>
> 1/2
> time\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\.....
> 502.00
>
> Less than 1/2 time but more than 1/4 502.00
>
> 1/4 time\...\...\...\...\...\...\...\...\...\...\...\...\...\.....
> 251.00

(Authority: 38 U.S.C. 3015.)

\(2\) If a veteran's service is described in paragraph (a) of this
section, the monthly rate of basic educational assistance payable to the
veteran for pursuit of apprenticeship or other on-the-job training that
occurs after September 30, 2004, is the rate stated in the following
table:

*Training period Monthly rate*

> First six months of training\...\...\...\...\...\...\...\...\....
> \$753.00
>
> Second six months of training 552.20
>
> Remaining pursuit of training 351.40

(Authority: 38 U.S.C. 3015, 3032(c).)

\(3\) If a veteran's service is described in paragraph (a) of this
section, the monthly rate of basic educational assistance payable to the
veteran for pursuit of a cooperative course is \$1004.00 for training
that occurs after September 30, 2004. (Authority: 38 U.S.C. 3015.)

\(c\) *Rates for some veterans whose qualifying obligated period of
active duty is less than three years*. If a veteran has established
eligibility under §21.7042, but the veteran's service is not described
in paragraph (a)(2) of this section, the monthly rate of educational
assistance payable to the veteran will be determined by this paragraph.

\(1\) Except as elsewhere provided in this section or in §21.7139, the
monthly rate of basic educational assistance payable to a veteran for
training that occurs after September 30, 2004 is the rate stated in the
following table:

*Training Monthly rate*

> Full time\...\...\...\...\...\...\...\...\...\...\...\...\... \$816.00
>
> 3/4
> time\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...
> 612.00
>
> 1/2
> time\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\.....
> 408.00
>
> Less than 1/2 time but more than 1/4 408.00
>
> 1/4 time or
> less\...\...\...\...\...\...\...\...\...\...\...\...\...\..... 204.00

(Authority: 38 U.S.C. 3015)

\(2\) The monthly rate of basic educational assistance payable to a
veteran for pursuit of apprenticeship or other on-the-job training that
occurs after September 30, 2004 is the rate stated in the following
table:

*Training period Monthly rate*

> First six months of training\...\...\...\...\...\...\...\...\....
> \$612.00
>
> Second six months of training 448.80
>
> Remaining pursuit of training 285.60

(Authority: 38 U.S.C. 3015, 3032(c).)

\(3\) The monthly rate of basic educational assistance payable to a
veteran for pursuit of a cooperative course is \$816.00 for training
that occurs after September 30, 2004. (Authority: 38 U.S.C. 3015.)

\(d\) *Increase in basic educational assistance rates* ("*kicker*"). The
Secretary concerned may increase the amount of basic educational
assistance payable to an individual who has a skill or specialty which
the Secretary concerned designates as having a critical shortage of
personnel or for which it is difficult to recruit. The amount of the
increase is set by the Secretary concerned, but (except as provided in
paragraphs (f) and (g) of this section):

\(1\) For individuals, who first become members of the Armed Forces
before November 29, 1989, (other than those pursuing cooperative
training before October 9, 1996, or apprenticeship or other on-job
training) it may not exceed:

\(i\) \$400 per month for full-time training,

\(ii\) \$300 per month for three-quarter-time training,

\(iii\) \$200 per month for one-half-time training, or for training
which is less than one-half, but more than one-quarter-time, or

\(iv\) \$100 per month for one-quarter-time training or less.

\(2\) For individuals, who become members of the Armed Forces during the
period beginning November 29, 1989 and ending September 30, 1998 (other
than those pursuing cooperative training before October 9, 1996, or
apprenticeship or other on-job training), it may not exceed:

\(i\) \$700 per month for full-time training,

\(ii\) \$525 per month for three-quarter-time training,

\(iii\) \$350 per month for one-half-time training or for training which
is less than one-half, but more than one-quarter-time, or

\(iv\) \$175 per month for one-quarter-time training or less.

\(3\) For individuals, who first become members of the Armed Forces
after September 30, 1998, (other than those pursuing apprenticeship or
other on-job training), it may not exceed:

> \(i\) \$950.00 per month for full-time training,
>
> \(ii\) \$712.50 per month for three-quarter-time training,
>
> \(iii\) \$475.00 per month for one-half-time training or for training
> which is less than one-half, but more than one-quarter-time, or
>
> \(iv\) \$237.50 per month for one-quarter-time training or less.
> (Authority: 38 U.S.C. 3015, 3032)

\(4\) For individuals who first become members of the Armed Forces
before November 29, 1989, and who are pursuing an apprenticeship or
other on-job training, it may not exceed:

\(i\) \$300 per month during the first six months of training,

\(ii\) \$220 per month during the second six months of training, and

\(iii\) \$140 per month during the remaining months of training.

\(5\) For individuals, who first become members of the Armed Forces
during the period beginning November 29, 1989 and ending September 30,
1998, and, who are pursuing an apprenticeship or other on-job training,
it may not exceed:

\(i\) \$525 per month during the first six months of training,

\(ii\) \$385 per month during the second six months of training, and

\(iii\) \$245 per month during the remaining months of training.

\(6\) For individuals, who first become members of the Armed Forces
after September 30, 1998, and who are pursuing apprenticeship or other
on-job training, it may not exceed:

> \(i\) \$712.50 per month during the first 6 months of training,
>
> \(ii\) \$522.50 per month during the second 6 months of training, or
>
> \(iii\) \$332.50 per month during the remaining months of training.
> (Authority: 38 U.S.C. 3015, 3032)

\(7\) For individuals who first become members of the Armed Forces
before November 29, 1989, and who are pursuing cooperative training, it
may not exceed \$320 per month for training received before October 9,
1996.

\(8\) For individuals who first become members of the Armed Forces after
November 28, 1989, and who are pursuing cooperative training, it may not
exceed \$560 per month for training received before October 9, 1996.
(Authority: §108(a)(2), Pub. L. 100-689, 102 Stat. 4170; §5(a), Pub. L.
102-83, 105 Stat. 406)

\(e\) *Less than one-half-time training and rates for servicemembers*.
Except as provided in paragraph (g) or (h) of this section, the monthly
rate for a veteran who is pursuing a course on a less than one-half-time
basis or the monthly rate for a servicemember who is pursuing a program
of education is the lesser of:

\(1\) The monthly rate stated in either paragraph (b) or (c) of this
section (as determined by the veteran's or servicemember's initial
obligated period of active duty) plus any additional amounts that may be
due under paragraph (d) or (f) of this section, or

\(2\) The monthly rate of the cost of the course. If there is no cost
for the course, educational assistance is not payable. (Authority: 38
U.S.C. 3015, 3032)

\(f\) *Increase in basic educational assistance rates* ("*kicker*") *for
those eligible under §21.7045*. A veteran who formerly was eligible to
receive educational assistance under 38 U.S.C. ch. 32, and becomes
eligible for educational assistance under 38 U.S.C. ch. 30 as described
in §21.7045(b)(1)(ii), (c)(1)(ii), or (e)(2) may receive an increase in
basic educational assistance allowance (kicker). The increase will be
determined as follows.

\(1\) The basis of the increase will be that portion of the amount of
money:

\(i\) Which remains in the VEAP fund after the veteran has been paid all
assistance due him or her under 38 U.S.C. ch. 32 and refunded all of his
or her contributions to the VEAP fund, and

\(ii\) Which represents the Secretary of Defense's additional
contributions for the veteran as stated in §21.5132(b)(3) of this part.

\(2\) For a student pursuing a program of education by residence
training:

\(i\) VA will determine the monthly rate of the increase by dividing the
amount of money described in paragraph (e)(1) of this section by the
number of months of entitlement to educational assistance under 38
U.S.C. chapter 30 which the veteran has at the time his eligibility for
benefits under 38 U.S.C. chapter 30 is first established;

\(ii\) VA will use the monthly rate of the increase determined in
paragraph (e)(2)(i) of this section if the veteran is pursuing his or
her program full time;

\(iii\) VA will multiply the monthly rate determined by paragraph
(e)(2)(i) of this section by .75 for a student pursuing his or her
program three-quarter time;

\(iv\) VA will multiply the monthly rate determined by paragraph
(e)(2)(i) of this section by .5 for a student pursuing his or her
program half time; and

\(v\) VA will multiply the monthly rate determined by paragraph
(e)(2)(i) of this section by .25 for a student pursuing his or her
program less than one-half time.

\(3\) For a veteran pursuing cooperative training VA will multiply the
rate determined by paragraph (e)(2)(i) of this section by .8 for
training received before October 9, 1996.

\(4\) For a veteran pursuing a program of apprenticeship or other on-job
training VA will multiply the monthly rate determined by paragraph
(e)(2)(i) of this section:

\(i\) By .75 for a veteran in the first six months of pursuit of
training,

\(ii\) By .55 for a veteran in the second six months of pursuit of
training, and

\(iii\) By .35 for a veteran in the remaining months of pursuit of
training. (Authority: 38 U.S.C. 3015(e))

\(g\) *Increase ("kicker") in basic educational assistance rates payable
for service in the Selected Reserve*.

\(1\) The Secretary of the service department concerned may increase the
amount of basic educational assistance payable under paragraph (b), (c),
(d), (e), or (f) of this section, as appropriate. The increase
("kicker") is payable to an individual, who has a skill or specialty in
which there is a critical shortage of personnel or for which it is
difficult to recruit, or, in the case of critical units, retain
personnel, if the individual:

> \(i\) Establishes eligibility for education under §§21.7042(a),
> 21.7045, or 21.7080; and
>
> \(ii\) Meets the criteria of §21.7540(a)(1) with respect to service in
> the Selected Reserve.

\(2\) The Secretary of the military department concerned:

> \(i\) Will, for such an increase ("kicker"), set an amount of the
> increase ("kicker") for full-time training, but the increase
> ("kicker") may not exceed \$350 per month; and
>
> \(ii\) May set the amount of the increase ("kicker") payable, for an
> individual pursuing a program of education less than full time or
> pursuing a program of apprenticeship or other on-job training, at an
> amount less than the amount described in paragraph (g)(2)(i) of this
> section.

\(h\) *Increase in monthly rates due to contributions*. Effective May 1,
2001, a servicemember who establishes eligibility under §21.7042(a),
(b), or (c) may contribute up to \$600 to the Secretary of the military
department concerned in multiples of \$20.

\(1\) VA will increase the monthly rate provided in paragraphs (b)(1)
through (b)(4) and (c)(1) through (c)(4) of this section by:

> \(i\) \$5 for every \$20 an individual pursuing a program of education
> full time has contributed;
>
> \(ii\) \$3.75 for every \$20 an individual pursuing a program of
> education three-quarter time has contributed;
>
> \(iii\) \$2.50 for every \$20 an individual pursuing a program of
> education half time or less than one-half time but more than
> one-quarter time has contributed; and
>
> \(iv\) \$1.25 for every \$20 an individual pursuing a program of
> education one-quarter time has contributed.

\(2\) If a veteran is pursuing an apprenticeship or other on-job
training:

\(i\) During the first 6 months of the veteran's pursuit of training, VA
will increase the monthly rate provided in paragraphs (b)(5) through
(b)(8) and (c)(5) through (c)(8) of this section by \$3.75 for every
\$20 the individual contributed;

\(ii\) During the second 6 months of the veteran's pursuit of training,
VA will increase the monthly rate provided in paragraphs (b)(5) through
(b)(8) and (c)(5) through (c)(8) of this section by \$2.75 for every
\$20 the individual contributed; and

\(iii\) During the remaining months of the veteran's pursuit of
training, VA will increase the monthly rate provided in paragraphs
(b)(5) through (b)(8) and (c)(5) through (c)(8) of this section by
\$1.75 for every \$20 the individual contributed.

\(3\) VA will increase the monthly rate provided in paragraphs (b)(9) or
(c)(9) of this section by \$5 for every \$20 the veteran has
contributed. (Authority: 38 U.S.C. 3015(g))

\[55 FR 28386, July 11, 1990, as amended at 55 FR 50324, Dec. 6, 1990;
56 FR 20135, May 2, 1991; 57 FR 11911, April 8, 1992; 57 FR 57104, Dec.
3, 1992; 59 FR 24053, May 10, 1994; 61 FR 6788, Feb. 22, 1996; 61 FR
15191, Apr. 5, 1996; 61 FR 24237, May 14, 1996; 62 FR 14824, Mar. 28,
1997; 62 FR 55519, Oct. 27, 1997; 62 FR 58655, Oct. 30, 1997; 64 FR
31694, June 14, 1999; 65 FR 44980, July 20, 2000; 65 FR 55193, Sept. 13,
2000; 66 FR 32228, June 14, 2001; 68 FR 34322, June 9, 2003; 68 FR
34331, June 9, 2003; 68 FR 37206, June 23, 2003; 69 FR 74978, Dec. 15,
2004; 71 FR 75677, Dec. 18, 2006; 72 FR 19383, Apr. 18, 2007\]

**Supplement *Highlights* references**: 12(3), 23(1), 25(2), 26(2),
30(1), 35(1, 3), 43(1), 51(1), 55(2), 62(1,2), 67(1), 71(2), 72(1),
73(2).

**§21.7140 Certifications and release of payments.**

\(a\) *Advance payments and lump-sum payments*. VA will apply the
provisions of §21.4138(a) and (b) in making advance payments and
lump-sum payments to veterans and servicemembers. (Authority: 38 U.S.C.
3034 and 3680)

\(b\) *Accelerated payments*. VA will apply the provisions of
§§21.7151(a), (c), and 21.7154(d) in making accelerated payments.
(Authority: 38 U.S.C. 3014A)

\(c\) *Other payments*. Except for an individual who is seeking tuition
assistance top-up, an individual must be pursuing a program of education
in order to receive payments of educational assistance under 38 U.S.C.
chapter 30. To ensure that this is the case, the provisions of this
paragraph must be met.

\(1\) VA will pay educational assistance to a veteran or servicemember
(other than one pursuing a program of apprenticeship, other on-job
training, or a correspondence course; one seeking tuition assistance
top-up;, one seeking reimbursement for taking an approved licensing or
certification test; one who qualifies for an advance payment; one who
qualifies for an accelerated payment; or one who qualifies for a lump
sum payment) only after:

\(i\) The educational institution has certified his or her enrollment as
provided in §21.7152; and

\(ii\) VA has received from the individual a verification of the
enrollment. (Authority: 38 U.S.C. 3680(g), 3689)

\(2\) VA will pay educational assistance to a veteran pursuing a program
of apprenticeship or other on-job training only after:

\(i\) The training establishment has certified his or her enrollment in
the training program as provided in §21.7152; and

\(ii\) VA has received from the veteran and the training establishment a
certification of hours worked.

\(3\) VA will pay educational assistance to a veteran or servicemember
who is pursuing a correspondence course only after:

\(i\) The educational institution has certified his or her enrollment;

\(ii\) VA has received from the veteran or servicemember a certification
as to the number of lessons completed and serviced by the educational
institution; and

\(iii\) VA has received from the educational institution a certification
or an endorsement on the veteran's or servicemember's certificate, as to
the number of lessons completed by the veteran or servicemember and
serviced by the educational institution.

\(4\) VA will pay educational assistance to a veteran or servicemember
as reimbursement for taking an approved licensing or certification test
only after the veteran or servicemember has submitted to VA a copy of
the veteran's or servicemember's official test results and, if not
included in the results, a copy of another official form (such as a
receipt or registration form) that together must include:

> \(i\) The name of the test;
>
> \(ii\) The name and address of the organization or entity issuing the
> license or certificate;
>
> \(iii\) The date the veteran or servicemember took the test; and
>
> \(iv\) The cost of the test. (Authority: 38 U.S.C. 3689)

\(5\) VA will pay educational assistance for tuition assistance top-up
only after the individual has submitted to VA a copy of the form(s) that
the military service with jurisdiction requires for tuition assistance
and that had been presented to the educational institution, covering the
course or courses for which the claimant wants tuition assistance
top-up. If the form(s) submitted did not contain the amount of tuition
assistance charged to the individual, VA may delay payment until VA
obtains that information from the educational institution. Examples of
these forms include:

> \(i\) DA Form 2171, Request for Tuition Assistance---Army Continuing
> Education System;
>
> \(ii\) AF Form 1227, Authority for Tuition Assistance---Education
> Services Program;
>
> \(iii\) NAVMC 10883, Application for Tuition Assistance, and either
> NAVEDTRA 1560/5, Tuition Assistance Authorization or NAVMC (page 2),
> Tuition Assistance Authorization;
>
> \(iv\) Department of Homeland Security, USCG CG-4147, Application for
> Off-Duty Assistance; and
>
> \(v\) Request for Top-Up: eArmyU Program. (Authority: 38 U.S.C.
> 5101(a))

\(d\) *Payment for intervals between terms.*

\(1\) In administering 38 U.S.C. chapter 30, VA will apply the
provisions of §21.4138(f) when determining whether a veteran is entitled
to payment for an interval between terms. References to §21.4205 in
§21.4138(f) shall be deemed to refer to §21.7136.

\(2\) The Director of the VA facility of jurisdiction may authorize
payment to be made for breaks, including intervals between terms within
a certified period of enrollment, during which the educational
institution is closed under an established policy based upon an order of
the President or due to an emergency situation.

\(i\) If the Director has authorized payment due to an emergency school
closing resulting from a strike by the faculty or staff of the school,
and the closing lasts more than 30 days, the Director, Education
Service, will decide if payments may be continued. The decision will be
based on a full assessment of the strike situation. Further payments
will not be authorized if in his or her judgment the school closing will
not be temporary.

\(ii\) An educational institution, which disagrees with a decision made
under this paragraph by a Director of a VA facility, has one year from
the date of the letter notifying the educational institution of the
decision to request that the decision be reviewed. The request must be
submitted in writing to the Director of the VA facility where the
decision was made. The Director, Education Service, shall review the
evidence of record and any other pertinent evidence the educational
institution may wish to submit. The Director, Education Service, has the
authority either to affirm or reverse a decision of the Director of a VA
facility.

\(3\) A veteran, who is pursuing a course leading to a standard college
degree, may transfer between consecutive school terms from one approved
educational institution to another for the purpose of enrolling in, and
pursuing, a similar course at the second educational institution. If the
interval between terms does not exceed 30 days, VA shall, for the
purpose of paying educational assistance, consider the veteran to be
enrolled in the first educational institution during the interval.
(Authority: 38 U.S.C. 3034, 3680)

\(e\) *Payee.*

\(1\) VA will make payment to the veteran or servicemember or to a duly
appointed fiduciary. The VA will make direct payment to the veteran or
servicemember even if he or she is a minor.

\(2\) The assignment of educational assistance is prohibited. In
administering this provision, VA will apply the provisions of §21.4146
to 38 U.S.C. chapter 30. (Authority: 38 U.S.C. 3034, 3680)

\(f\) *Limitations on payments.* VA will not apportion educational
assistance. (Authority: 38 U.S.C. 3034, 3680)

\(g\) *Payments of accrued benefits.* Educational assistance remaining
due and unpaid at the date of the servicemember's or veteran's death is
payable under the provisions of §3.1000 of this chapter. (Authority: 38
U.S.C. 5121)

(The Office of Management and Budget has approved the information
collection provisions in this section under control numbers 2900-0695
and 2900-0698.)

\[53 FR 1757, Jan. 22, 1988, as amended at 55 FR 28388, July 11, 1990;
56 FR 20136, May 2, 1991; 56 FR 31332, July 10, 1991; 57 FR 15025, April
24, 1992; 61 FR 26117, May 24, 1996; 62 FR 55761, Oct. 28, 1997; 64 FR
52652, Sept. 30, 1999; 68 FR 35180, June 12, 2003; 72 FR 16982, Apr. 5,
2007\]

**Supplement *Highlights* references**: 27(1), 46(2), 62(3), 73(1).

**§21.7141 Tutorial assistance.**

An individual who is otherwise eligible to receive benefits under the
Montgomery GI Bill--Active Duty may receive supplemental monetary
assistance to provide tutorial services. In determining whether VA will
pay the individual this assistance, VA will apply the provisions of
§21.4236. (Authority: 38 U.S.C. 3019, 3492)

\[56 FR 20136, May 2, 1991, as amended at 61 FR 26117, May 24, 1996\]

**Supplement *Highlight* reference**: 27(1)

**§21.7142 Accelerated payments, payment of tuition assistance top-up,
and licensing or**

> **certification test reimbursement.**

\(a\) *Amount of accelerated payment*. An accelerated payment will be
the lesser of:

\(1\) The amount equal to 60 percent of the charged tuition and fees for
the term, quarter, or semester (or the entire program of education for
those programs not offered on a term, quarter, or semester basis), or

\(2\) The aggregate amount of basic educational assistance to which the
individual remains entitled under 38 U.S.C. chapter 30 at the time of
the payment. (Authority: 38 U.S.C. 3014A)

\(b\) *Amount of tuition assistance top-up*. The amount of tuition
assistance top-up VA will pay to an individual for a course is the
lowest of the following:

\(1\) All of the charges of the educational institution for the
individual's education or training that the Secretary of the military
department concerned has not paid under 10 U.S.C. 2007(a) or 2007(c);

\(2\) That portion of the charges of the educational institution for the
individual's education that the Secretary of the military department
concerned has not paid under 10 U.S.C. 2007(a) or 2007(c) and for which
the individual has stated to VA that he or she wishes to receive
payment;

\(3\) An amount VA will determine by multiplying the individual's
remaining months and days of entitlement to educational assistance as
provided under §21.7072 or §21.7073 by the individual's monthly rate of
basic educational assistance as provided under §21.7136 or §21.7137, as
appropriate;

\(4\) An amount VA will determine by multiplying the individual's
remaining months and days of entitlement to tuition assistance top-up as
provided under §21.7075 by the individual's monthly rate of basic
educational assistance as provided under §21.7136 or §21.7137, as
appropriate; or

\(5\) An amount VA will determine by:

\(i\) Dividing the total number of days from the date on which the
individual became eligible for educational assistance under the
Montgomery GI Bill--Active Duty by the number of days in the term during
which the individual took the course or course for which he or she wants
tuition assistance top-up; and

\(ii\) Multiplying the result by the amount stated in paragraph (a)(1)
or (a)(2) of this section, as appropriate. (Authority: 38 U.S.C.
3014(b))

\(c\) *Amount of reimbursement for taking a licensing or certification
test*. The amount of educational assistance VA will pay as reimbursement
for taking an approved licensing or certification test is the lowest of
the following:

\(1\) The fee that the licensing or certification organization offering
the test charges for taking the test;

\(2\) \$2,000; or

\(3\) An amount VA will determine by multiplying the veteran's or
servicemember's remaining months and days of entitlement to educational
assistance as provided under §21.7072 or §21.7073 by the veteran's or
servicemember's monthly rate of basic educational assistance as provided
under §21.7136 or §21.7137, as appropriate. (Authority: 38 U.S.C.
3032(f))

\[68 FR 35180, June 12, 2003, as amended at 72 FR 16982, Apr. 5, 2007\]

**Supplement *Highlight* references**: 62(3), 73(1).

**§21.7143 Nonduplication of educational assistance.**

\(a\) *Payments of educational assistance shall not be duplicated.* An
individual, entitled to educational assistance under 38 U.S.C. chapter
34, who establishes entitlement under 38 U.S.C. chapter 30, shall not be
eligible to receive educational assistance under 38 U.S.C. chapter 30
before January 1, 1990. An individual who is entitled to educational
assistance under 38 U.S.C. chapter 30 and any of the provisions of law
listed in this paragraph must elect which benefit he or she will receive
for the program of education he or she wishes to pursue. The provisions
of law are:

\(1\) 38 U.S.C. chapter 31,

\(2\) 38 U.S.C. chapter 32,

\(3\) 38 U.S.C. chapter 35,

\(4\) 10 U.S.C. chapter 1606,

\(5\) 10 U.S.C. chapter 107,

\(6\) The Hostage Relief Act of 1980, (Pub. L. 96-499, 94 Stat.
1967--1974, and 5 U.S.C. 5561 note), and

> \(7\) The Omnibus Diplomatic Security and Antiterrorism Act of 1986
> (Pub. L. 99-399, 100 Stat. 887--889 (10 U.S.C. 2181--2185)).
> (Authority: 38 U.S.C. 3033, 3681)

\(b\) *Election of benefits.* The veteran must elect in writing which
benefit he or she wishes to receive. The veteran may make a new election
at any time, but may not elect more than once in a calendar month.
(Authority: 38 U.S.C. 3033; Pub. L. 98-525)

\(c\) *Nonduplication---Federal program*. Payment of educational
assistance is prohibited to an otherwise eligible veteran or
servicemember:

\(1\) For a unit course or courses which are being paid for entirely or
partly by the Armed Forces during any period he or she is on active
duty;

\(2\) For a unit course or courses which are being paid for entirely or
partly by the Department of Health and Human Services during any period
that he or she is on active duty with the Public Health Service; or

\(3\) For a unit course or courses which are being paid for entirely or
partly by the United States under the Government Employees' Training
Act. (Authority: 38 U.S.C. 3034, 3681)

\[53 FR 1757, Jan. 22, 1988, as amended at 55 FR 28389, July 11, 1990;
57 FR 15025, April 24, 1992; 58 FR 46867, Sept. 3, 1993; 61 FR 20729,
May 8, 1996; redesignated at 68 FR 35180, June 12, 2003\]

**Supplement *Highlights* references**: 8(3), 62(3).

Next Section is §21.7144

**Pursuit of Courses**

**§21.7150 Pursuit.**

Except for a veteran or servicemember seeking tuition assistance top-up
or reimbursement for taking an approved licensing or certification test,
the veteran's or servicemember's educational assistance depends upon his
or her pursuit of a program of education. Verification of this pursuit
is accomplished by various certifications. (Authority: 38 U.S.C.
3034(b))

\[53 FR 1757, Jan. 22, 1988, as amended at 72 FR 16982, Apr. 5, 2007\]

**Supplement *Highlights* reference**: 73(1)

**§ 21.7151 Advance payment and accelerated payment certifications.**

All certifications required by this paragraph shall be in a form and
shall contain such information as specified by the Secretary.

\(a\) *Certification needed before an advance payment can be made.* In
order for a veteran or service member to receive an advance payment of
educational assistance, the application or other document must be signed
by the veteran or the enrollment certification must be signed by an
authorized official of the educational institution. (Authority: 38
U.S.C. 3034, 3680(d))

\(b\) *Advance payments.* All verifications required by this paragraph
shall be in a form and shall contain such information as specified by
the Secretary.

\(1\) For each individual receiving an advance payment an educational
institution must:

\(i\) Verify enrollment for the individual; and

\(ii\) Verify the delivery of the advance payment check to the
individual.

\(2\) Once the educational institution has initially verified the
enrollment of the individual, the individual, not the educational
institution, must make subsequent verifications in order to release
further payment for that enrollment as provided in §21.7154(a) of this
part. (Authority: 38 U.S.C. 3034, 3680(d))

\(c\) *Accelerated payments*.

\(1\) A veteran or servicemember is eligible for an accelerated payment
only if:

\(i\) The veteran or servicemember submits a signed statement to the
school or to VA that states "I request accelerated payment";

\(ii\) The veteran or servicemember is enrolled in a course or program
of education or training beginning on or after October 1, 2002;

\(iii\) The veteran is enrolled in an approved program as defined in
§21.4200 (aa);

\(iv\) The charged tuition and fees for the term, quarter, or semester
(or entire program for those programs not offered on a term, quarter or
semester basis) divided by the number of months (and fractions thereof)
in the enrollment period, exceeds the amount equal to 200 percent of the
monthly rate of basic educational assistance allowance otherwise payable
under §§21.7136 or 21.7137, as applicable;

\(v\) The veteran or servicemember requesting the accelerated payment
has not received an advance payment under §21.7140(a) for the same
enrollment period; and

**§21.7152 Certification of enrollment.**

Except as stated in §21.7140, the educational institution must certify
the veteran's or servicemember's enrollment before he or she may receive
educational assistance.

\(a\) *Educational institutions must certify most enrollments*. VA does
not, as a condition of payment of tuition assistance top-up or advance
payment, require educational institutions to certify the enrollments of
veterans or servicemembers who either are seeking tuition assistance
top-up or, in the cases described in §21.7151, are seeking an advance
payment. VA does not require organizations or entities offering a
licensing or certification test to certify the fact that the veteran or
servicemember took the test. In all other cases the educational
institution must certify the veteran's or servicemember's enrollment
before he or she may receive educational assistance. This certification
must be in a form specified by the Secretary and contain such
information as the Secretary may specify. (Authority: 38 U.S.C. 3014(b),
3031, 3034, 3482(g), 3680, 3687, 3689, 5101(a))

\(b\) *Length of the enrollment period covered by the enrollment
certification.*

\(1\) Educational institutions organized on a term, quarter or semester
basis generally shall report enrollment for the term, quarter, semester,
ordinary school year or ordinary school year plus summer term. If the
certification covers two or more terms, the educational institution will
report the dates for the break between terms if a term ends and the
following term does not begin in the same or the next calendar month or
if the veteran elects not be paid for the intervals between terms. The
educational institution must submit a separate enrollment certification
for each term, quarter or semester when the certification is for:

\(i\) A servicemember, or

\(ii\) A veteran who:

> \(A\) Is training on a less than one-half time basis, or
>
> \(B\) Is incarcerated in a Federal, State or local prison or jail for
> conviction of a felony.

\(2\) Educational institutions organized on a year-round basis will
report enrollment for the length of the course. The certification will
include a report of the dates during which the educational institution
closes for any intervals designated in its approval data as breaks
between school years.

\(3\) When a veteran enrolls in independent study leading to a standard
college degree, the educational institution's certification will
include:

\(i\) The enrollment date, and

\(ii\) The ending date for the period being certified. If the
educational institution has no prescribed maximum time for completion,
the certification must include an ending date based on the educational
institution's estimate for completion. (Authority: 38 U.S.C. 3034, 3684;
Pub. L. 98-525)

(Approved by the Office of Management and Budget under control number

2900-0073)

\[53 FR 1757, Jan. 22, 1988, as amended at 55 FR 28390, July 11, 1990;
61 FR 6789, Feb. 22, 1996; 72 FR 16983, Apr. 5, 2007\]

**Supplement *Highlights* references**: 23(1), 73(1).

Reserved

**§21.7153 Progress and conduct.**

\(a\) *Satisfactory pursuit of program.* In order to receive educational
assistance for pursuit of a program of education, an individual must
maintain satisfactory progress. VA will discontinue educational
assistance if the individual does not maintain satisfactory progress.
Progress is unsatisfactory if the individual does not satisfactorily
progress according to the regularly prescribed standards of the
educational institution he or she is attending. (Authority: 38 U.S.C.
3034, 3474; Pub. L 98-525)

\(b\) *Satisfactory conduct.* In order to receive educational assistance
for pursuit of a program of education, an individual must maintain
satisfactory conduct according to the regularly prescribed standards and
practices of the educational institution in which he or she is enrolled.
If the individual will be no longer retained as a student or will not be
readmitted as a student by the educational institution in which he or
she is enrolled, VA will discontinue educational assistance, unless
further development establishes that the educational institution's
action is retaliatory. (Authority: 38 U.S.C. 3034, 3474; Pub. L. 98-525)

\(c\) *Satisfactory attendance*. In order to receive educational
assistance for pursuit of a program of education, an individual must
maintain satisfactory attendance. VA will discontinue educational
assistance if the individual does not maintain satisfactory attendance.
Attendance is unsatisfactory if the individual does not attend according
to the regularly prescribed standards of the educational institution in
which he or she is enrolled. (Authority: 38 U.S.C. 3034, 3474)

\(d\) *Reentrance after discontinuance.*

\(1\) An individual may be reentered following discontinuance because of
unsatisfactory attendance, conduct or progress when either of the
following sets of conditions exists:

\(i\) The individual resumes enrollment at the same educational
institution in the same program of education and the educational
institution has both approved the individual\'s reenrollment and
certified it to VA; or

\(ii\) VA determines that:

\(A\) The cause of unsatisfactory attendance, conduct or progress has
been removed, and

\(B\) The program which the individual now proposes to pursue is
suitable to his or her aptitudes, interests and abilities.

\(2\) Reentrance may be for the same program, for a revised program, or
for an entirely different program depending on the cause of the
discontinuance and the removal of that cause. (Authority: 38 U.S.C.
3034, 3474)

\[53 FR 1757, Jan. 22, 1988, as amended at 57 FR 15025, April 24, 1992\]

# Approval of Courses

**§21.7220 Course approval.**

\(a\) *Courses must be approved*.

\(1\) A course of education, including the class schedules of a resident
course not leading to a standard college degree, offered by an
educational institution must be approved by:

> \(i\) The State approving agency for the State in which the
> educational institution is located, or

\(ii\) The State approving agency which has appropriate approval
authority, or

> \(iii\) VA, where appropriate. In determining when it is appropriate
> for VA to approve a course, VA will apply the provisions of
> §21.4250(b)(3) and (c) of this part.

\(2\) A course approved under 38 U.S.C. chapter 36 is approved for the
purposes of 38 U.S.C. chapter 30 unless it is one of the types of
courses listed in §21.7222 of this part. (Authority: 38 U.S.C. 3034,
3672; Pub. L. 98-525)

\(b\) *Course approval criteria*. In administering benefits payable
under 38 U.S.C. chapter 30, VA and, where appropriate, the State
approving agencies, shall apply the following sections.

> \(1\) Section 21.4250 (except paragraph (c)(1))---Jurisdiction for
> course and licensing and certification test approval and approval
> notices;
>
> \(2\) Section 21.4251---Minimum period of operation requirement for
> educational institutions;

\(3\) Section 21.4253 (except that portion of paragraph (f)(3) which
permits approval of a course leading to a high school
diploma)---Accredited courses;

\(4\) Section 21.4254---Nonaccredited courses;

\(5\) Section 21.4255---Refund policy--- nonaccredited courses;

\(6\) Section 21.4258---Notice of approval;

\(7\) Section 21.4259---Suspension or disapproval;

\(8\) Section 21.4260---Courses in foreign countries;

\(9\) Section 21.4265---Practical training approved as institutional
training or on-job training;

\(10\) Section 21.4266---Courses offered at subsidiary branches or
extensions;

\(11\) Section 21.4267---Approval of independent study; and

> \(12\) Section 21.4268---Approval of licensing and certification
> tests. (Authority: 38 U.S.C. 3034, 3476, 3672, 3675, 3676, 3678, 3679,
> 3680A, 3689)

\(c\) *Flight training*. VA and the State approving agencies shall apply
the provisions of §21.4263 when approving flight training under 38
U.S.C. ch. 30. (Authority: 38 U.S.C. 3034)

\[53 FR 1757, Jan. 22, 1988, as amended at 55 FR 28392, July 11, 1990;
56 FR 20136, May 2, 1991; 57 FR 15026, April 24, 1992; 61 FR 6789, Feb.
22, 1996; 63 FR 34131, June 23, 1998; 72 FR 16983, Apr. 5, 2007\]

**Supplement *Highlights* references**: 23(1), 39(2), 73(1).

*Next Section is §21.7222*