14654 Federal Register / Vol. 74, No. 60 / Tuesday, March 31, 2009 / Rules and Regulations 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 21 

RIN 2900–AN10 

Post-9/11 GI Bill 

AGENCY: Department of Veterans Affairs. 

ACTION: Final rule. 

SUMMARY: The Department of Veterans 

Affairs (VA) is issuing this final rule to 

establish regulations regarding a new 

educational assistance program for 

individuals who serve on active duty 

after September 10, 2001. The new 

program, known as the Post-9/11 GI Bill, 

was authorized by title V of the 

Supplemental Appropriations Act, 2008 

(Post-9/11 Veterans Educational 

Assistance Act of 2008). This final 

regulation includes the rules necessary 

to implement the provisions of the Post9/11 Veterans Educational Assistance 

Act of 2008 that govern the Post-9/11 GI 

Bill. 

DATES: Effective Date: This final rule 

will become effective on August 1, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Brandye R. Terrell, Regulation 

Development Team Leader, Education 

Service, Department of Veterans Affairs 

(225C), 810 Vermont Avenue, NW., 

Washington, DC 20420. Telephone: 

(202) 461–9822. (This is not a toll-free 

number.) 

SUPPLEMENTARY INFORMATION: In a 

document published in the Federal 

Register on December 23, 2008 (73 FR 

78876), VA published a proposal to 

establish VA regulations to implement 

the provisions of the Post-9/11 Veterans 

Educational Assistance Act of 2008 that 

govern the Post-9/11 GI Bill. Interested 

persons were invited to submit written 

comments on or before January 22, 

2009. We received comments from 38 

organizations and 8 individuals. We 

have made several changes based on 

these comments. 

Eligibility 

One commenter stated that the period 

of eligibility for retirees is not 

specifically addressed and noted that 

there is no definition of ‘‘retiree’’ in title 

38, CFR. We did not define the term 

‘‘retiree’’ or address retirees as a 

separate category in the regulation 

because an individual’s period of 

eligibility is based on factors unrelated 

to the individual’s status as a retiree. 

The period of eligibility for all 

individuals entitled to Post-9/11 GI Bill 

benefits is provided in § 21.9530. If the 

individual meets the eligibility 

requirements, the 15-year period of 

eligibility begins on the last date of 

discharge, without regard to the reason 

for separation, even if the individual 

was discharged prior to August 1, 2009, 

the effective date of the program. 

We received three comments on the 

eligibility of members of the National 

Guard or Active Guard Reserve (AGR) 

serving on active duty under title 32, 

U.S.C. One commenter requested that 

these members be allowed to transfer 

Post-9/11 GI Bill benefits to their 

dependents. One commenter also 

suggested that any service under orders 

lasting 30 days or more that cite use of 

Operation Iraqi Freedom, Operation 

Enduring Freedom, or Operation Noble 

Eagle funds should be considered active 

duty for the purpose of the Post-9/11 GI 

Bill. Section 3301 of title 38, U.S.C., 

defines ‘‘active duty’’ as having the 

same meaning given such term in 38 

U.S.C. 101(21)(A) for members of the 

regular components of the Armed 

Forces. This paragraph states that active 

duty means full-time duty in the Armed 

Forces, other than active duty for 

training. Active Duty is further defined 

in 38 U.S.C. 3301(1) to include a call or 

order to active duty under specific title 

10 sections of the U.S. Code for 

members of the reserve components of 

the Armed Forces. Neither of the 

statutory definitions for active duty 

under section 3301(1) includes members 

of the National Guard or Active Guard 

Reserve serving under title 32, U.S.C.; 

therefore, we are unable to authorize 

eligibility for these individuals. 

One commenter requested 

clarification on why commissioned 

officers of the Public Health Service 

(PHS) are excluded from eligibility for 

Post-9/11 GI Bill benefits. Another 

commenter requested a review of 42 

U.S.C. 213(d) to determine if PHS 

officers qualify for the new benefit and 

suggested National Oceanic and 

Atmospheric Administration (NOAA) 

officers also be included as eligible. We 

agree that commissioned officers of PHS 

and NOAA are eligible for benefits 

under the Post-9/11 GI Bill. In a 

digested opinion from 1985, our General 

Counsel read the provisions of 42 U.S.C. 

213 regarding PHS and 33 U.S.C. 857– 

1 and 857–3 (now in 33 U.S.C. 3002 and 

3072, respectively) regarding NOAA as 

expanding the definition of ‘‘Armed 

Forces’’ in 38 U.S.C. 101(10) to also 

include PHS and NOAA for purposes of 

benefits administered by VA. See 

VADIGOP, 6–26–85 (8–28 Reentry in 

Active Service). Therefore, service as a 

commissioned officer of PHS or NOAA 

meets the ‘‘active duty in the Armed 

Forces’’ service requirement in section 

3311 of title 38, U.S.C. 

Transfer of Entitlement 

Two commenters requested that 

retirees be allowed to transfer benefits to 

dependents. Two additional 

commenters wanted individuals to be 

allowed to transfer benefits to 

dependents even if they were unable to 

reenlist, or without their having to 

reenlist, if they met the minimum 

service requirements. While VA is 

responsible for administering payment 

of transferred benefits, the Department 

of Defense (DoD) is responsible for 

determining eligibility for transfer of 

entitlement to dependents. Specifically, 

the statute provides that the Secretary of 

Defense may authorize the Secretary of 

the Army, Secretary of the Navy, 

Secretary of the Air Force, and the 

Secretary of Homeland Security (with 

respect to the Coast Guard when it is not 

operating as a service in the Navy) to 

determine if individuals serving in the 

Armed Forces in their respective 

departments are eligible to transfer 

entitlement to dependents. As VA has 

no authority to determine eligibility for 

transfer of entitlement of educational 

assistance under the Post-9/11 GI Bill, 

individuals inquiring about eligibility 

for transfer of entitlement should 

contact DoD for information. 

One commenter requested that VA 

clarify what happens to entitlement that 

was transferred under the Montgomery 

GI Bill (MGIB) if the transferor does not 

revoke the transferred entitlement 

before electing to receive benefits under 

the Post-9/11 GI Bill. Entitlement that 

was transferred under MGIB and not 

revoked prior to the transferor’s election 

of Post-9/11 GI Bill benefits will remain 

available to the dependent to whom it 

was transferred. Dependents will remain 

eligible for transferred benefits under 

the provisions of the chapter from 

which benefits were transferred. 

One commenter disagreed with the 

exclusion of transferred benefits as 

marital property. We made no change to 

this rule in the final regulation because 

38 U.S.C. 3319(f)(3) prohibits the 

treatment of transferred entitlement as 

marital property. 

We received one comment suggesting 

we specify the time limit for which 

dependents eligible for transferred 

entitlement may use their benefit. We 

make no change based on this comment 

as the period of eligibility for use of 

transferred benefits is listed in 38 CFR 

21.9530, in paragraph (d) for spouses 

and in paragraph (e) for children. 

One commenter recommended 

removing the kicker exclusion from the 

rate of payment for transferred benefits 

because there is no statutory provision 

limiting its payment to the dependent. 


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We agree that there is no statutory 

reason why kickers should not be paid 

to transferees. The Selected Reserve 

kicker is excluded under MGIB. In 

trying to be consistent, we excluded 

kickers from the Post-9/11 GI Bill also. 

While we intended to only exclude the 

Selected Reserve kicker, we 

inadvertently excluded all kickers. 

However, after reviewing the transfer-ofentitlement language used under MGIB 

and the Post-9/11 GI Bill, we find that, 

while the MGIB language is more 

restrictive and specifically pinpoints the 

section under which payments should 

be determined, the language in the Post9/11 GI Bill is broader and simply says 

that individuals should receive the 

amount that the transferor would 

receive. Based on this language, we have 

changed the rate of payment for 

transferred benefits under the Post-9/11 

GI Bill to include any kicker to which 

the transferor is entitled. 

Another commenter suggested we 

clarify that ‘‘veteran rate’’ as used in 38 

CFR 21.9570(k) means the dependent is 

eligible for the housing allowance. We 

do not agree that this term needs 

clarification. The term dependent is 

used to refer to both an eligible child 

and an eligible spouse or surviving 

spouse. A dependent child and 

surviving spouse will always receive 

transferred benefits in the same manner 

as an individual off active duty. This 

means that they will be eligible to 

receive the housing allowance if all 

other criteria are met. However, a 

dependent spouse will always receive 

benefits in the same manner as the 

transferor, thus he or she will not be 

eligible for the monthly housing 

allowance if the transferor is on active 

duty. 

We received one comment suggesting 

we add reduction in force (RIF) to the 

list in 38 CFR 21.9570(l) of exceptions 

to the requirement that the transferor 

complete the service agreement that 

allowed the transferor to participate in 

the transferability program. We 

contacted DoD for clarification of what 

constitutes completion of a service 

agreement. DoD considers any 

individual released due to a disability or 

as a result of RIF to have completed his 

or her service agreement. Therefore, we 

amended the final rule to clarify that 

release due to a disability or as a result 

of RIF constitutes completion of the 

service agreement, and therefore does 

not result in loss of transferred 

entitlement for the transferor’s 

dependents. 

One commenter recommended 

allowing spouses to use their own Post9/11 GI Bill benefits in addition to 

transferred benefits under the Post-9/11 

GI Bill. We make no changes based on 

this comment since paragraph (m) of 

§ 21.9570 states that all dependents may 

do this. The definition of dependent 

includes a spouse. Thus, spouses and 

children are both covered under this 

section. Spouses may use their own 

Post-9/11 GI Bill benefits and/or their 

transferred benefits. 

Another commenter requested that 

the extension of entitlement provided in 

§ 21.9635(o) be applied to a transferee if 

the transferor only transfers entitlement 

to one person. We do not agree to make 

this change because 38 U.S.C. 3319(d) 

specifically indicates that transferred 

entitlement may not exceed 36 months. 

Allowing an extension of entitlement for 

transferees would be a direct violation 

of the statute. 

One commenter disagreed with the 

definition of ‘‘child’’ used in the 

proposed regulation. The commenter 

indicated that by adopting the definition 

of child as it is defined in § 3.57 (under 

the age of 18 or, if they are enrolled in 

school, under the age of 23), VA is 

defining the term narrower than 

required by legislation. The commenter 

recommended VA define child without 

the age requirements and, in addition, 

not make a distinction between a child 

and a foster child or stepchild. 

Based on the definitions of child and 

spouse in the proposed regulation, DoD 

also expressed concern with regard to 

the loss of transferred entitlement for 

dependents who were deemed eligible 

for the program at the time of transfer, 

but who lost this eligibility based on 

their status at a later date. They contend 

that Post-9/11 GI Bill benefits belong to 

the veteran/servicemember and not the 

dependent. They base this on the 

provisions in 38 U.S.C. 3319(f) that 

allow the transferor to modify or revoke 

the transferred entitlement at any time 

within the transferor’s 15-year eligibility 

period. DoD suggested VA apply the 

definitions of ‘‘spouse’’ and ‘‘child’’ 

effective the date of the transfer and 

disregard the dependent’s status at the 

point the dependent utilizes the 

benefits. 

We agree, in part, with these concerns 

and made clarifying changes in the final 

rule. A transferor may elect to transfer 

his or her entitlement to his or her 

child, but at the time of the designation 

the child must still meet the 38 U.S.C. 

101(4) definition of ‘‘child,’’ i.e., a 

legitimate child, a legally adopted child, 

a stepchild, or an illegitimate child, as 

those terms are explained in 38 CFR 

3.57, and who is unmarried and under 

age 18, was permanently incapable of 

self-support before reaching age 18, or 

after attaining the age of 18 years and 

until completion of education or 

training (but not after attaining the age 

of 23 years) is pursuing a course of 

instruction at an approved educational 

institution. Thereafter, the child’s 

subsequent marriage will not affect his 

or her entitlement. Finally, a child may 

continue to use entitlement so 

transferred until reaching age 26. If a 

transferor elects to transfer his or her 

entitlement to a spouse, a subsequent 

divorce will not affect the transferee’s 

entitlement; however, the transferor 

retains the right to revoke or modify the 

transfer at any time. 

Enrollment Certification 

We received three comments 

requesting clarification on whether 

schools will be required to report the 

cost of dropped courses in order for VA 

to properly judge whether or not there 

has been an overpayment. One of the 

commenters asked if there will be a time 

limit for any refunds due to VA. We 

make no changes based on these 

comments. Schools are required to 

report the established charges associated 

with an individual’s enrollment and, in 

the event an individual reduces the 

number of courses he or she is enrolled 

in, the established charges for the 

courses in which he or she remains 

enrolled. This process is the same 

process that is used in other educational 

assistance programs to certify 

enrollments and reductions of 

individuals training at less than one-half 

time or who are on active duty. 

Furthermore, similar to existing 

procedures for other educational 

assistance programs, individuals will 

still be responsible for negotiating 

repayment of debts with our Debt 

Management Center or have money 

recouped from future payments. Schools 

that are required to return funds to VA, 

regardless of the reason, will send the 

money back electronically or send a 

payment to the Regional Processing 

Office’s agent cashier. 

We received two related comments 

regarding which charges should be 

reported to VA and whether VA will 

require certification of actual tuition 

and fees or estimated tuition and fees. 

One commenter stated that actual 

tuition and fees cannot be provided 

until an individual is invoiced and 

would require that schools certify each 

term separately. One commenter also 

requested clarification on whether fees 

should be reported regardless of 

pending aid, scholarships, state grants, 

etc. We make no changes based on these 

comments. The institution of higher 

learning must certify the eligible 

individual’s enrollment before he or she 

may receive educational assistance and 

38 U.S.C. 3313(h)(2) requires that VA 


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pay based on the actual tuition and fees 

charged to the student. Schools will be 

required to report actual tuition and fees 

in accordance with the statute. 

One commenter requested that VA 

clarify the regulation to state that termbased institutions operating on a yearround basis should report on the same 

basis as other term-based institutions. 

We revised the language in paragraph 

(b) of § 21.9720 to clarify that 

institutions of higher learning organized 

on a year-round basis will report on the 

same basis as term-based institutions 

unless they do not offer courses on a 

term, quarter, or semester basis, in 

which case they will report enrollment 

for the length of the course. 

Payments 

One commenter indicated there 

currently is an approved apprenticeship 

program at an institution of higher 

learning and requested clarification on 

whether this program is payable under 

the Post-9/11 GI Bill. We cannot pay 

benefits for an apprenticeship or on-thejob training program at an institution of 

higher learning acting in the capacity of 

an employer. In order to be approved for 

Post-9/11 GI Bill benefits, individuals 

must be pursuing an approved program 

of education offered at an institution of 

higher learning. Section 21.4258(b)(iv), 

38 CFR requires that institutions of 

higher learning list all approved 

programs of education in their catalog. 

If the program of education is offered by 

the institution of higher learning and is 

approved for the purposes of 38 U.S.C. 

chapter 30, VA will make the 

appropriate payment. Apprenticeship 

and on-the-job training programs are 

offered by employers and are generally 

not available to the entire student 

population. We have clarified the 

definition of ‘‘program of education’’ to 

state that ‘‘the curriculum or 

combination of courses pursued must be 

listed in the institution of higher 

learning’s catalog and included in the 

approval notice provided by the State 

approving agency to VA in accordance 

with § 21.4258(b)(iv).’’ 

Three commenters recommended 

expanding the advance payment option 

to include all educational assistance 

offered under the Post-9/11 GI Bill 

rather than limiting it to just the 

monthly housing allowance. Section 

3680(d) of title 38, U.S.C., limits the 

amount of an advance payment to an 

amount equal to the first month, or 

fraction thereof, in which the individual 

is pursuing training plus the amount for 

the subsequent month of training. Under 

the Post-9/11 GI Bill, VA is required to 

pay the tuition and fees, books and 

supplies stipend, and other payments 

(e.g., rural relocation, licensing or 

certification test reimbursement) in a 

lump sum. As a result, we are unable to 

apply the advance payment provisions 

to such lump-sum payments. 

Overpayments 

We received three comments asking 

whether individuals who withdraw as a 

result of being called to active duty will 

be required to repay benefits. One of the 

commenters also asked whether the 

school will be required to return the 

funds if an individual is called to active 

duty. We make no changes based on 

these comments. Individuals who 

withdraw as a result of being called to 

active duty will not have to repay 

tuition and fees, Yellow Ribbon Program 

contributions, or the book stipend. If 

they are in receipt of the housing 

allowance, it will be discontinued at the 

end of the month in which the 

withdrawal occurred. If the school 

processes a refund for tuition and/or 

fees, it should be issued to the student 

following the regularly prescribed 

standards and practices of the 

institution. 

One commenter proposed that the 

institution of higher learning be 

responsible for making a refund to VA 

when the student does not register for 

a class certified in advance of the 

registration period, and for which the 

institution received tuition and fees on 

behalf of the student. We agree with this 

comment and have clarified in 

§ 21.9695(b) that an overpayment of 

educational assistance paid to the 

institution of higher learning on behalf 

of an eligible individual constitutes a 

liability of the individual unless the 

individual never attended the term, 

quarter, or semester certified by the 

institution of higher learning. When an 

individual never attends a term, quarter, 

or semester certified by the institution 

of higher learning, the institution must 

return to VA all educational assistance 

received under the provisions of 38 

U.S.C. chapter 33 on behalf of the 

individual. 

Two commenters wanted to know 

why individuals will be held 

accountable for repayment of tuition 

and fees if the money is sent directly to 

the school, especially since individuals 

in VA’s Vocational Rehabilitation and 

Employment Program are not required 

to make repayment of tuition and fees. 

We make no changes in the final rule 

based on this comment, but we are 

providing the following clarification 

concerning this issue. Section 3313(a) of 

title 38, U.S.C., states that the Secretary 

shall pay to each individual entitled to 

educational assistance the amounts 

specified in subsection (c) to meet the 

expenses of such individual’s 

subsistence, tuition, fees, and other 

costs for pursuit of such program of 

education. Paragraph (g) of that section 

subsequently directs that payment of the 

tuition and fees be made directly to the 

institution of higher learning; however, 

it is clear that the benefit and the 

associated responsibilities belong to the 

individual. 

Additionally, the authority to 

establish an overpayment against a 

school is limited by statute, per 38 

U.S.C. 3685(b), to instances where the 

Secretary finds that an overpayment has 

been made to a veteran or eligible 

person as the result of willful or 

negligent failure to report or false 

certification. Therefore, unless an 

overpayment results from the actions or 

inactions described in section 3685(b), 

VA cannot collect from the school 

amounts of tuition and fees that were 

properly paid on behalf of the 

individual. 

Conversely, if VA makes an erroneous 

or improper payment not resulting from 

the negligent or willful actions or 

inactions on the part of a school, the 

erroneous or improper payment may be 

recovered from the receiver. This 

situation may arise if a school certifies 

an individual for multiple terms but the 

individual does not attend all of the 

terms certified. Section 21.4203 of title 

38, CFR provides that schools shall 

report without delay a change in 

enrollment. If VA issues a tuition and 

fees payment to the school on behalf of 

an individual for a term that the 

individual never attends VA will collect 

the full amount of the payment from the 

school. 

One commenter suggested 

§ 21.9695(b)(3) be revised to clarify that 

if an individual does not complete one 

or more courses, but does complete at 

least one course, that the individual will 

not have an overpayment equaling the 

total amount of all educational 

assistance paid, but rather only for the 

course or courses the individual did not 

complete. Based on this comment, we 

clarified this section to indicate that if 

a student withdraws from a course or 

courses, the overpayment will only be 

established for the course or courses 

from which the student withdraws, not 

the amount of all educational assistance 

for that enrollment period. 

One commenter requested 

clarification of how an ‘‘incomplete’’ 

grade designation, for which the 

individual is given additional time to 

finish a course, will be treated and 

whether it will be considered an 

overpayment. We agree this issue 

should be addressed in the final rule, 

and have added a paragraph to 


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§ 21.9635(f) clarifying that if the 

institution of higher learning records an 

incomplete grade for an individual’s 

course (or courses) and allows the 

individual additional time to complete 

the coursework, VA will not create an 

overpayment for those course(s) unless 

one of the following occurs: The 

individual fails to complete the course 

within the regularly prescribed 

standards of the institution or one year 

from the date the incomplete was 

assigned, whichever is earlier, or the 

individual is permanently assigned a 

nonpunitive grade. 

One commenter requested that 

schools be required to refund money to 

VA that would otherwise normally be 

refunded to the student based on the 

school’s refund policy. We make no 

changes based on this comment. 

Institutions of higher learning have 

refund policies individualized to their 

institutions and students would not 

know when or if a refund was sent to 

VA. Additionally, VA will determine 

the amount of the student’s 

overpayment, if any, after processing the 

change in enrollment. The amount the 

school refunds to the student and the 

amount the student owes to VA will 

generally not be equal as VA will pay 

to the end of the month for any 

reduction during the drop add period or 

for which the student provides evidence 

of mitigating circumstances. To reduce 

confusion on how much is owed and to 

whom, schools should continue to 

refund money to students based on their 

regularly established policies. 

Tuition and Fees 

Two commenters requested 

clarification on why, in § 21.9640(a), the 

70 percent level would apply instead of 

the 80 percent level if the individual 

met the service requirements at both 

levels. One of the commenters suggested 

removing the requirement to use the 70 

percent level instead of the 80 percent 

level because it is not justified 

legislatively. We do not agree to make 

this change because 38 U.S.C. 3311(e) 

specifically provides that individuals 

entitled to educational assistance under 

paragraphs (4) and (5) of 38 U.S.C. 

3311(b) will be entitled to educational 

assistance using the provisions of 

paragraph (5). Paragraph (4) establishes 

eligibility for individuals with at least 

24 months but less than 30 months of 

service, including entry level and skill 

training. Paragraph (5) establishes 

eligibility for individuals with at least 

18 months but less than 24 months of 

service, excluding entry level and skill 

training. If both levels of service 

requirements are met, the lower 

percentage level must be used; 

therefore, applying the higher 

percentage level would be contrary to 

the clear requirement of the statute. 

We received several comments 

regarding the effectual relationship 

between tuition and fees payments 

under the Post-9/11 GI Bill and other 

forms of aid, such as State veterans’ 

tuition programs. One of the 

commenters suggested that 1st payer/ 

2nd payer rules be clarified so that all 

parties clearly understand who pays 

what and when. VA will pay based on 

the amount the student is charged, not 

the amount the student has remaining 

after State programs have contributed 

funds. Schools should certify the total 

amount of tuition and the total amount 

of fees that a student is charged. The 

amount reported to VA should not be 

reduced for pending or subsequent 

payments to be credited to the student’s 

account from State programs, 

scholarships, grants, or any title IV 

funds (including Pell Grants). If an 

institution is not able to charge a 

veteran for tuition due to a State waiver 

or other State funded program, the 

school should not report tuition to VA. 

However, if the State reimburses the 

institution and/or veteran for tuition 

and fees after the individual has been 

billed, then the institution should report 

the original amount charged to the 

student. The amount of tuition and fees 

submitted to VA in these instances 

should not be reduced based on any 

additional funds received that will 

reduce the student’s out-of-pocket 

expenses. One commenter also asked 

that we clarify whether a student can 

opt out of State assistance to receive 

educational assistance under the Post-9/ 

11 GI Bill. There is no requirement in 

38 U.S.C. chapter 33 that requires an 

individual to opt in or out of existing 

State programs in order to receive 

benefits under the Post-9/11 GI Bill. The 

statute simply states that VA may pay 

all or a portion of the cost of the actual 

tuition and fees charged the individual. 

Each State will need to review the laws 

that govern their State programs to 

determine if individuals may opt in or 

out of receiving assistance under the 

State funded programs. 

One commenter suggested VA provide 

a non-exhaustive list of approved fees to 

clarify which fees would be payable 

under the Post-9/11 GI Bill and further 

suggested that health insurance 

premiums be included on the list. 

Another recommended that VA redefine 

fees to include those charged to all 

students (unless waived) enrolled in the 

same program of education as the VA 

benefit recipient. This commenter also 

recommended removing the 

requirement that the amount of fees that 

can be paid is limited to those charged 

to undergraduates. Finally, one 

commenter indicated support for the 

definition as stated in the proposed 

regulation. Based on these comments, 

we are amending the definition of fees 

in the final rule. Accordingly, ‘‘fees’’ 

will include any mandatory charges 

(other than tuition, room, and board) 

that are applied by the institution of 

higher learning for pursuit of an 

approved program of education 

including, but not limited to, health 

insurance premiums, freshman fees, 

graduation fees, and lab fees. The term 

does not include study abroad fees 

unless the fees are assessed for courses 

that are required for completion of the 

program of education. The statute 

requires VA to calculate the highest inState amount payable for tuition and 

fees using undergraduate tuition and 

fees. However, individuals may receive 

payment for tuition and fees for 

graduate programs or other approved 

programs up to the amount of the 

highest in-State amount payable for 

undergraduate fees. 

One commenter suggested that VA 

clarify that the amounts payable for 

established charges and the book 

stipend are adjusted by the individual’s 

eligibility percentage. We make no 

changes based on this comment. Section 

21.9640(a) indicates that the amounts 

payable for pursuit of an approved 

program of education under that section 

are subject to the individual’s eligibility 

percentage as determined by his or her 

aggregate length of creditable active 

duty service after September 10, 2001. 

One commenter expressed concern 

that the tuition and fees payments made 

on behalf of students attending parttime are not lowered based on the 

student’s rate of pursuit. The 

commenter indicated that not reducing 

the maximum amount payable based on 

rate of pursuit will reward students for 

pursuing education part-time instead of 

full-time. We do not agree that this is an 

area of concern. Many schools charge 

students proportionately less for parttime enrollment because they base 

charges on a per-credit-hour rate. 

Furthermore, the statute does not 

require VA to reduce the maximum 

amounts payable proportionally based 

on rate of pursuit. It only dictates that 

the maximum payable be reduced based 

on the eligibility percentage. 

Nonetheless, based on several other 

comments regarding tuition and fees 

payments, we are amending the final 

rule to clarify that individuals will 

receive a tuition payment not to exceed 

the amount determined by multiplying 

the number of certified credit hours for 

the term, quarter, or semester by the 


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highest in-State amount charged per 

credit hour. Individuals will receive the 

amount for fees certified for the term, 

quarter, or semester, not to exceed the 

highest amount of fees that could be 

charged in any term. 

One commenter suggested allowing 

schools to certify the actual amount of 

tuition and fees charged minus any 

applicable military tuition assistance 

(TA) without requiring additional 

paperwork from the individual student. 

We make no changes based on this 

comment. Currently, VA requires that 

the student submit the TA form to VA 

prior to the issuance of a (top-up) 

payment. This form is necessary to 

determine the appropriate amount of 

tuition and fees VA will pay. Schools 

may submit the top-up form for the 

individual; however, VA should have 

the form on file and use it to make the 

determination of how much payment is 

due. Requiring certifying officials to 

make determinations on the amount of 

top-up payment an individual is due 

would add an additional step in the 

process that already exists and create an 

unnecessary burden on the schools. The 

TA form already provides VA with all 

of the information needed to determine 

the appropriate payment. 

We received one comment requesting 

that the maximum rate for tuition and 

fees fluctuate during the academic year 

whenever the State makes changes in 

the tuition and/or fees rates after the 

academic year begins. We make no 

changes based on this comment other 

than clarifying that the maximum 

amounts payable for tuition and fees, as 

published, will be effective for each 

term, quarter, or semester that begins 

during the academic year. The State 

approving agency of jurisdiction will 

determine each State’s highest in-State 

amounts payable for tuition per credit 

hour and for fees each term during an 

academic year. VA will publish the 

maximum amounts payable for tuition 

and fees on the GI Bill Web site at 

http://www.gibill.va.gov and in the 

Federal Register by August 1st of each 

year to allow institutions of higher 

learning and students to take this 

information into consideration when 

making relevant decisions. If VA were to 

change these figures each time an 

institution of higher learning or a State 

changed the amount of tuition or fees it 

charged, it could adversely affect the 

students if the amount was decreased 

and could adversely affect institutions 

of higher learning participating in the 

Yellow Ribbon Program if the amount 

increased. 

Book Stipend 

One commenter recommended VA 

issue promissory notes for the book 

stipends. We make no changes based on 

this comment. Book stipends are paid 

directly to the individual. VA sees no 

benefit in issuing a promissory note for 

books instead of issuing the book 

stipend payment directly to the 

individual. 

Several commenters expressed 

concern about the method of payment 

for the book stipend. Four of these 

commenters asked how the summer 

term or mini-terms would impact the 

payment, especially since many 

students do not attend the summer 

sessions. Two commenters suggested 

that VA redefine academic year so that 

individuals could receive the full book 

stipend and two commenters requested 

the method of calculating the book 

stipend be clarified. Based on these 

comments, we clarified the method VA 

will use to determine how the book 

stipend payment is calculated. A book 

stipend of up to $1,000 is available to 

veterans (and transferees). Section 

3313(c)(1)(B)(ii) of title 38, U.S.C., 

provides a formula for determining the 

amount of the book stipend payable 

each academic year. The formula 

instructs VA to pay a portion of the 

book stipend equal to the amount 

determined by multiplying $1,000 by 

the fraction of the academic year that 

the term, quarter, or semester 

represents. We choose to divide the 

academic year by 24 credit hours (the 

minimum number of credit hours 

generally considered to be full-time for 

an undergraduate in an academic year). 

Using this calculation, an individual 

eligible for 100 percent of the amounts 

payable under the Post-9/11 GI Bill who 

is pursuing training at more than onehalf-time will receive $41.67 for each 

credit hour certified up to 24 credit 

hours in an academic year. 

Monthly Housing Allowance 

Several comments were received 

agreeing with VA’s interpretation of the 

statute with regard to how distance 

learning courses affect eligibility for the 

monthly housing allowance (MHA); 

however, many other commenters 

expressed concern that the MHA is not 

available for additional categories of 

individuals. While one commenter 

supported prohibiting individuals from 

receiving the MHA if they are pursuing 

programs of education entirely by 

distance learning because of the 

potential for abuse, six commenters 

requested that the MHA be available to 

individuals pursuing a program of 

education entirely by distance learning. 

One of the commenters in favor of the 

MHA for distance learners also 

recommended that it be paid to these 

students based on the ZIP code of the 

student’s address instead of the school’s 

ZIP code as is done for students taking 

in-residence courses. Other commenters 

requested clarification on how partial 

pursuit of distance learning impacts the 

receipt of the MHA. Section 3313(c) of 

title 38, U.S.C., prohibits an individual 

from receiving the MHA if the 

individual is pursuing a program of 

education offered by distance learning. 

While we have interpreted this as 

broadly as possible to include 

individuals taking even one course inresidence as eligible to receive the MHA 

(if all other requirements are met), VA 

would be in violation of the statute if we 

allowed individuals pursuing a program 

of education entirely by distance 

learning to receive the MHA. 

Additionally, another commenter 

requested that VA define a qualifier for 

‘‘a single resident course.’’ The 

commenter indicated that distance 

learning institutions may begin creating 

one-credit courses or one-half credit 

courses just to meet the residency 

requirement. It was suggested that VA 

set a minimum unit or percentage of 

courses that must be pursued in 

residence in order for individuals to 

qualify for the MHA. While VA notes 

the concern of the commenter, we 

disagree that institutions will create 

frivolous courses solely for the purpose 

of qualifying their students for the 

MHA. Further, many of the individuals 

enrolled in distance learning courses are 

unable to attend school in the 

traditional classroom setting due to 

other life circumstances. However, VA 

may only pay educational assistance 

under the Post-9/11 GI Bill for an 

approved program of education. Any 

courses pursued must be necessary for 

the attainment of the individual’s 

identified objective. If the course has 

not been approved for pursuit of an 

approved program of education by the 

State approving agency or the course is 

not required for an individual’s 

objective, VA will not be able to provide 

educational assistance for such course 

or include any credit for such course 

when determining eligibility for the 

MHA. 

One commenter recommended 

allowing veterans to receive the MHA 

when training at more than one-half 

time but less than three-quarter time. 

We are retaining the wording contained 

in the proposed regulation that will 

permit individuals who are training at 

greater than one-half time to receive the 

MHA if all other criteria are met. Any 


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individual who is not on active duty, 

who is enrolled in at least one inresidence course, and who is pursuing 

a program of education with a rate of 

pursuit greater than 50 percent, will 

receive the housing allowance. 

Two commenters recommended 

providing a monthly housing allowance 

to individuals attending foreign schools 

using the DoD’s overseas housing 

allowance (OHA) rates for the locale 

where the individual is residing, rather 

than the average of the monthly housing 

allowances payable in the United States. 

One commenter also requested that we 

clarify how the ‘‘average’’ will be 

determined. We considered these 

comments, but make no substantive 

changes in the final rule other than to 

clarify that we will use the unweighted 

arithmetic mean to determine the 

average monthly housing allowance 

payable. DoD adjusts the basic 

allowance for housing (BAH) rates 

effective the first of January each year. 

The OHA rates are reviewed, and are 

subject to change, every 6 months. To 

maintain consistency in applying the 

MHA rate changes, VA will continue to 

use the national average to determine 

the maximum MHA payable for 

students attending foreign institutions. 

We received one comment suggesting 

VA use the rate of pursuit to adjust the 

amount of MHA an individual will 

receive. The statute does not require 

that we limit the housing allowance 

based on rate of pursuit. We are only 

directed to limit it based on the 

individual’s eligibility percentage level. 

We have decided not to unnecessarily 

limit the housing allowance and will 

pay individuals according to the 

direction provided in 38 U.S.C. 3313(c). 

One commenter recommended the 

determination of eligibility for the MHA 

be established annually based on the 

individual’s program rather than basing 

it on courses taken in a single term. We 

make no changes based on this 

comment. It would be extremely 

difficult for VA to determine the amount 

of MHA to pay on an annual basis. To 

do so would require that every school 

certify every student for all terms during 

the academic year. All institutions do 

not require students to register for every 

term (Fall, Winter, Spring, Summer) at 

the start of the school year. Having such 

a requirement would require students to 

register and schools to report actual 

tuition and fees for an entire year. Many 

schools cannot report actual tuition and 

fees until registration has ended. 

Determining receipt of MHA annually 

would burden the schools to make 

major changes in their registration and 

certification processes. 

Kickers 

We received four comments regarding 

payment of Post-9/11 GI Bill kickers. 

One commenter felt strongly that the 

Post-9/11 GI Bill kicker payments 

should not be denied to active-duty 

members, students whose rate of pursuit 

is one-half time or less, and students 

pursuing a program of education 

entirely by distance learning. One 

commenter requested an explanation as 

to how the MHA and the kicker are 

related. Two commenters requested that 

the final rule permit the kicker to be 

paid even if the individual is not 

entitled to receive the MHA. One of 

these commenters suggested increasing 

a ‘‘zero’’ dollar MHA payment by the 

amount of the Post-9/11 GI Bill kicker 

and the other commenter suggested 

paying the Post-9/11 GI Bill kicker in a 

lump sum payment in the same manner 

as the MGIB and Selected Reserve 

kickers are paid. We make no changes 

based on these comments. Section 

3316(a)(1) of title 38, U.S.C., provides 

that DoD kickers will increase the 

monthly amount otherwise payable 

under 38 U.S.C. 3313(c)(1)(B). Section 

3313(c)(1)(B) of title 38, U.S.C., is the 

section that authorizes the monthly 

housing allowance. Section 3313(a) of 

that title specifically indicates that the 

amounts specified in subsection (c) will 

be paid to individuals entitled to 

educational assistance under the Post-9/ 

11 GI Bill who are pursuing an 

approved program of education, other 

than a program discussed in subsections 

(e) and (f). Subsection (e) details 

assistance payable for individuals on 

active duty, and subsection (f) details 

assistance payable for individuals 

pursuing training at one-half time or 

less. Neither subsection (e) nor (f) 

references nor authorizes a monthly 

housing allowance. VA is unable to 

increase the amount of an assistance 

payment that the individual is not 

eligible to receive. Additionally, section 

3313(c)(1)(B)(i) specifically excludes the 

housing allowance for individuals 

pursuing a program of education offered 

entirely by distance learning. As a result 

of these statutory provisions, VA is 

unable to make Post-9/11 GI Bill kicker 

payments for a term, quarter, or 

semester in which an individual is on 

active duty, for an individual whose rate 

of pursuit is one-half time or less, or for 

an individual who is pursuing a 

program of education entirely by 

distance learning. 

Another commenter inquired whether 

students will be required to fill out 

additional paperwork to receive MGIB 

kicker payments while receiving 

benefits under the Post-9/11 GI Bill. We 

make no change based on this comment 

because no additional paperwork is 

required. DoD will continue to notify 

VA of MGIB kicker eligibility. If an 

individual is eligible, VA will process 

the MGIB kicker payment without any 

additional paperwork from the 

individual. 

Chapter 30 Refunds 

One commenter requested 

clarification on how refunds of MGIB 

contributions will be handled, and 

asked if the refund will be automatic or 

if the individual will have to complete 

a form to request the refund. Another 

commenter asked when an individual 

will actually receive the refund. A third 

commenter recommended that a refund 

of the MGIB contributions be made even 

if the individual is not in receipt of the 

monthly housing allowance. We make 

no changes based on these comments. If 

the individual is in receipt of the 

housing allowance, VA will 

automatically refund the appropriate 

amount of the MGIB contributions when 

the individual exhausts his or her 

entitlement under the Post-9/11 GI Bill. 

Section 5003(c)(6) of Public Law 110– 

252 (122 Stat. 2377–2378) states that an 

individual may receive a refund of the 

basic contributions paid toward MGIB 

as an increase to the last monthly 

stipend payable to the individual under 

38 U.S.C. 3313(c)(1)(B), i.e., the monthly 

housing allowance. VA has no authority 

to ignore the statute and pay the refund 

when an individual is not eligible to 

receive the monthly housing allowance. 

Two commenters addressed the 

additional $600 contribution (buy-up) 

that can be made towards increased 

educational assistance under MGIB. One 

commenter wanted to know if these 

contributions will also be refunded. The 

other commenter requested the final 

rule clearly state that the $600 is not 

refundable, if that is the case. Since the 

statute does not authorize a refund of 

the $600 contribution, we changed the 

wording in the final rule to clearly 

reflect that these contributions cannot 

be refunded. 

Tutorial Assistance 

One commenter requested 

clarification regarding whether an 

individual who received tutorial 

assistance under MGIB could also 

receive up to $1,200 for tutorial 

assistance under the Post-9/11 GI Bill. 

We make no changes based on this 

comment. Individuals who received 

tutorial assistance under MGIB may 

receive up to $1,200 for tutorial 

assistance under the Post-9/11 GI Bill. 

The $1,200 payable for tutorial 

assistance is the maximum amount that 


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can be paid for such assistance under 

each program. 

Another commenter recommended 

removing the requirement that the 

individual be pursuing a program of 

education on a one-half time or more 

basis in order to be eligible for receipt 

of tutorial assistance. We make no 

changes based on this comment because 

the requirement is statutory. Section 

3314(b)(1) of title 38, U.S.C., 

incorporates the provisions of 38 U.S.C. 

3492, which requires that individuals be 

pursuing training at one-half time or 

more to receive tutorial assistance. 

We received one comment indicating 

that there should not be a requirement 

that a student be failing a course before 

tutorial assistance can be authorized. 

We make no changes based on this 

comment. Section 3314(b)(2) of title 38, 

U.S.C., requires that the professor or 

teacher certify that tutorial assistance is 

essential to correct a deficiency of the 

student in a course that is required for 

satisfactory pursuit of the student’s 

program of education. While this 

requirement is statutory, it should not 

be construed to mean tutorial assistance 

is only available if the individual is 

already failing the course. If the 

professor or teacher identifies that the 

individual has a justifiable need for 

tutorial assistance or the individual will 

not be able to continue pursuing his or 

her approved program of education, 

either in that course or as a prerequisite 

for other required courses, then VA 

would consider tutorial assistance to be 

warranted. 

Yellow Ribbon Program 

The proposed regulation provided 

that institutions of higher learning agree 

to the following to participate in the 

Yellow Ribbon Program— 

• Provide contributions to eligible 

individuals who apply for such program 

at that institution (in a manner 

prescribed by the institution) on a firstcome-first-served basis, regardless of the 

rate at which the individual is pursuing 

training (i.e., full-time versus less than 

full-time), in any given academic year; 

• Make contributions toward the 

program on behalf of the individual in 

the form of a waiver; 

• State the maximum number of 

individuals for whom contributions will 

be made in any given academic year; 

• Waive the same percentage of 

unmet established charges for all 

eligible individuals in any given 

academic year; and 

• Commit to provide contributions for 

eligible individuals for the entire 

academic year specified in the 

agreement. 

Several commenters requested the 

ability to set different contribution 

levels for one or more subelements (e.g., 

School of Business, School of Liberal 

Arts) of the institution of higher 

learning. Another commenter requested 

the ability to set the contribution level 

by student status (e.g., undergraduate, 

graduate, doctoral). The commenters 

noted that the subelements within the 

institution of higher learning have their 

own course schedule, tuition and fee 

structure, funding, and administrative 

requirements. Additionally, it was noted 

that tuition and fees for graduate 

students are generally higher than that 

of undergraduate students. 

Five commenters requested that 

institutions of higher learning have the 

ability to set the maximum amount 

contributed in dollar amounts. The 

commenters noted that it would be 

easier for institutions of higher learning 

to budget for the program if the 

institutions had the ability to set a 

maximum dollar amount per student. 

They stated that using a percentage 

would require institutions to be more 

conservative in contributions. 

We received several comments 

regarding the requirement that schools 

provide contributions in the form of a 

waiver. Some commenters requested 

that the term ‘‘waiver’’ be defined while 

other commenters requested that the 

‘‘waiver’’ requirement be removed 

altogether. The commenters noted that 

some schools do not ‘‘waive’’ tuition 

and fees as a matter of policy. Other 

commenters asked if fee remission or a 

tuition discount qualified as a waiver. 

We also received comments regarding 

continuous eligibility under the Yellow 

Ribbon Program. VA’s Web site stated 

that institutions of higher learning must 

agree to continue Yellow Ribbon 

Program contributions for participating 

students as long as the institution 

continues to participate in the program 

and the student remains in good 

academic standing in accordance with 

the regularly prescribed standards of the 

institution. One commenter noted that it 

would be difficult for institutions to 

commit to provide contributions in 

subsequent years due to the novelty of 

the program, while two commenters 

suggested that VA state that 

contributions will continue throughout 

all subsequent years of continuous 

enrollment. 

We agree, in general, with the above 

comments and, based on those 

comments, have substantially changed 

the requirements for participation in the 

Yellow Ribbon Program. VA has 

amended the Yellow Ribbon Program 

provisions to allow institutions of 

higher learning to set contribution levels 

by student status or subelement, state 

the maximum dollar amount that may 

be provided to each participant during 

the academic year, and provide 

contributions by direct grant, 

scholarship, or otherwise. We also 

clarified that institutions of higher 

learning must agree to provide Yellow 

Ribbon Program contributions to 

participating students as long as the 

institution participates in the program 

and the student remains in good 

academic standing in accordance with 

the regularly prescribed standards of the 

institution, and to provide the 

maximum amount of contributions 

payable for a participating individual 

each term he or she is enrolled as long 

as the amount paid will not exceed the 

maximum dollar amount payable for the 

academic year as specified in the 

agreement. 

We received three comments 

requesting the ability to amend 

agreements during the academic year to 

increase the maximum number of 

students eligible to participate in the 

program, and we received one comment 

requesting a formal procedure to amend 

the agreement and the ability to 

negotiate the terms of the agreement 

prior to the beginning of the academic 

year. VA will continue to require that 

the initial agreement be binding for the 

entire academic year. While it is 

commendable that institutions of higher 

learning want to provide Yellow Ribbon 

Program contributions for additional 

individuals if money is available, the 

institutions are only required to report 

a maximum. The maximum number of 

participants listed in the agreement 

could be set high enough to cover all 

individuals that may apply. 

Additionally, VA will draft an 

agreement in accordance with statute 

that will be used in the administration 

of the Yellow Ribbon Program. For 

equality and consistency, VA chooses to 

reject the idea of allowing schools to 

individually negotiate the terms of the 

agreement. Having a standard agreement 

for all participating institutions will 

allow potential Yellow Ribbon Program 

participants to easily compare the 

program at different institutions. 

We also received three comments 

expressing opposition to the first-comefirst-served rule. Specifically, two 

commenters noted that requiring 

schools to provide contributions based 

on a first-come-first-served basis does 

not allow the institution to determine 

who is selected to participate and one 

commenter noted that several 

institutions offer financial aid on a 

need-basis only. VA included the firstcome-first-served rule to ensure that 

there was a fair method of determining 


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who received Yellow Ribbon Program 

contributions at each participating 

institution. While VA notes that many 

schools provide financial aid on a needbasis only, the Yellow Ribbon Program 

is not a need-based program and should 

be available to any individual (and/or 

dependent of the individual) who has 

met the requirements to qualify for the 

program. 

Elections 

The proposed regulations stated that 

individuals eligible for educational 

assistance under 38 U.S.C. chapter 30 or 

10 U.S.C. chapter 106a, 1606, or 1607 

and who have met the service 

requirements to qualify for the Post-9/11 

GI Bill must make an irrevocable 

election to receive educational 

assistance under the Post-9/11 GI Bill in 

lieu of one of the above-mentioned 

programs. One commenter noted that it 

is not fair for students to make an 

irrevocable election for a new benefit 

without access to complete and accurate 

information because it will permanently 

affect the course of their education. 

Another commenter suggested that VA 

allow individuals at least one 

opportunity to change their mind after 

making the irrevocable election or 

provide benefits counseling. Section 

5003(c)(8) of Public Law 110–252 (122 

Stat. 2375–2378) states that elections to 

receive educational assistance under the 

Post-9/11 GI Bill in lieu of other specific 

educational assistance programs are 

irrevocable. Accordingly, VA is unable 

to regulate exceptions to the provision. 

However, individuals may call VA’s 

customer service number for assistance 

in making an informed decision before 

making an election. Additionally, VA 

offers vocational and educational 

counseling to eligible individuals upon 

request. 

We also received comments 

requesting clarification on how the 

irrevocable eligibility elections would 

be made. VA is amending proposed 

§ 21.9520(c) to specify that elections 

may be made by properly completing 

VA Form 22–1990, submitting a Post-9/ 

11 GI Bill transfer-of-entitlement 

designation to DoD, or by submitting a 

written statement that includes 

identification information, the benefit 

being relinquished (if applicable), the 

effective date of the election, and a 

statement acknowledging that the 

individual understands that the election 

is irrevocable. 

Three commenters requested that VA 

amend proposed § 21.9635(w) to clarify 

that an election to receive benefits 

under an existing educational assistance 

program on or after August 1, 2009, does 

not negate the opportunity to elect or 

use the Post-9/11 GI Bill at a later date. 

As proposed this provision stated that if 

an individual was eligible under more 

than one program and the individual 

elected to receive benefits under a 

previously existing program that VA 

would terminate assistance under the 

Post-9/11 GI Bill effective the date of the 

election. The elections referred to in 

§ 21.9635(w) are not irrevocable 

eligibility elections. Individuals who are 

eligible for the Post-9/11 GI Bill and 

another educational assistance program 

at the same time may specify under 

which program they wish to receive 

payment. VA is amending the language 

of the section to clarify that individuals 

who are in receipt of benefits under the 

Post-9/11 GI Bill who choose to receive 

benefits under another program will 

receive benefits under such program 

effective the first day of the enrollment 

period during which the individual 

requested to receive benefits under the 

other program. 

Academic Year 

Five commenters suggested that VA 

amend the dates of the academic year to 

coincide with the Department of 

Education’s award year that runs from 

July 1st of each calendar year through 

June 30th of the subsequent calendar 

year. VA set the beginning date of each 

academic year of August 1st to coincide 

with the effective date of the Post-9/11 

GI Bill benefit for clarity and ease of 

administration. In determining the 

maximum amounts payable during each 

academic year, VA will obtain the 

highest tuition per credit hour and the 

highest fees that can be charged an 

undergraduate student at a public 

institution in each State from the State 

approving agency (SAA) of jurisdiction. 

Based on feedback from several SAAs, 

many institutions of higher learning do 

not set the rates for tuition and fees 

until June or July of each year. Moving 

the beginning date of the academic year 

to July would not provide VA adequate 

time to update systems, post the new 

maximums on the Web site, or timely 

process claims with the newly 

established maximums in July. 

Rate of Pursuit 

The proposed regulation states that 

the rate of pursuit will be the percentage 

determined by dividing the number of 

course hours an individual is enrolled 

in by the number of course hours 

considered to be full-time at the 

institution of higher learning. 

Additionally, in proposed § 21.9750, VA 

defined full-time pursuit to equal 14 

credit hours unless the institution of 

higher learning certifies that all 

undergraduate students enrolled for 13 

credit hours, or for 12 credit hours, are 

charged full-time tuition and are 

considered full-time for other 

administrative purposes. We received 

comments requesting that VA define 

full-time enrollment as a minimum of 

12 credit hours. VA is unable to 

consider a minimum of 12 credit hours 

as full-time training for all institutions. 

Section 3688(a)(4) of title 38, U.S.C., 

defines ‘‘full-time’’ as a minimum of 14 

hours unless the institution certifies that 

all undergraduate students enrolled for 

at least 12, but less than 14, hours are 

considered full-time for other 

administrative purposes. 

One commenter suggested that VA 

always consider traumatic brain injury 

(TBI) veterans to be training at full-time 

(a rate of pursuit of 100%) even when 

the training time (or rate of pursuit) 

does not equal full-time. The 

commenter noted that TBI veterans are 

sometimes unable to pursue a full 

course load and should not be penalized 

due to their disability. Unfortunately, 

there are no provisions in the statute 

that will allow VA to pay a different rate 

to a specific class of veterans. 

Another commenter requested that 

VA pay educational assistance for 

courses that are not part of an 

individual’s program of education. 

Section 3452 of title 38, U.S.C, defines 

program of education to include any 

curriculum or combination of unit 

courses or subjects pursued at an 

educational institution that is generally 

accepted as necessary to fulfill 

requirements for the attainment of a 

predetermined and identified 

educational, professional, or vocational 

objective. VA will pay for refresher, 

remedial, and deficiency courses that 

are required for the attainment of an 

objective even though those courses will 

not be credited towards the objective. 

However, VA is unable to pay for 

courses that are not required for pursuit 

of the individual’s identified objective. 

Mitigating Circumstances 

We received comments requesting 

clarification of when mitigating 

circumstances will be considered to 

exist and which mitigating 

circumstances will be accepted by VA. 

One commenter asked VA to include 

mental illness in the listing of 

acceptable mitigating circumstances. In 

this final rule, VA added a definition for 

mitigating circumstances that provides 

examples of situations that VA will 

consider acceptable. Additionally, we 

modified § 21.9635 to clarify that 

mitigating circumstances will always be 

considered to exist for the first 

reduction or withdrawal of less than 

seven hours. We also received a 


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comment requesting that we expand the 

consideration of existing mitigating 

circumstances to more than the first 

instance of reduction or withdrawal and 

increase the number of hours in the first 

instance of withdrawal from six credit 

hours to eight credit hours for which 

mitigating circumstances will 

automatically be considered to exist. 

Section 3680(a)(1) of title 38, U.S.C., 

limits the automatic consideration of 

existing mitigating circumstances to the 

first reduction or withdrawal of less 

than seven hours. The statute does not 

provide VA the authority to increase the 

number of times mitigating 

circumstances will be considered to 

exist or the number of hours for which 

mitigating circumstances will 

automatically be considered to exist. 

Nevertheless, there is no statutory limit 

on the number of times that VA may 

consider evidence of mitigating 

circumstances submitted by the eligible 

individual. Any time an individual 

reduces or withdraws from training after 

the drop-add period, or receives a nonpunitive grade (regardless of the number 

of credit hours reduced or withdrawn), 

he or she may submit evidence of 

mitigating circumstances to VA for 

review. If the mitigating circumstances 

are acceptable, VA will pay educational 

assistance through the end of the month 

of the reduction or through the last date 

of attendance for withdrawals. 

Appeals 

Two commenters requested that we 

clarify the appeals process for eligible 

individuals in receipt of educational 

assistance under the Post-9/11 GI Bill. 

Specifically, one commenter requested 

that VA provide a formal process for 

appealing the denial of the rural 

relocation benefit. Decisions regarding 

eligibility and entitlement to 

educational assistance under the Post9/11 GI Bill are subject to the provisions 

of 38 U.S.C. chapters 71 and 72. 

Specifically, individuals may appeal a 

decision regarding eligibility or 

entitlement to educational assistance 

under the Post-9/11 GI Bill to the Board 

of Veterans’ Appeals in accordance with 

the provisions of 38 CFR Part 20. To 

clarify this, VA is adding new § 21.1034 

to notify claimants of their appeal rights 

regarding decisions of eligibility and 

entitlement to educational assistance 

administered by VA. Another 

commenter requested that VA provide a 

formal process for appealing a decision 

of eligibility to increased educational 

assistance (‘‘kicker’’). VA notes in newly 

added § 21.1034 that eligibility for 

educational assistance under 10 U.S.C. 

510 or 10 U.S.C. chapter 106a, 1606, or 

1607, and supplemental or increased 

assistance under 10 U.S.C. 16131(i), 38 

U.S.C. 3015(d), 3021, and 3316, may not 

be appealed to VA, because the decision 

of eligibility for educational assistance 

and supplemental or increased 

educational assistance (‘‘kicker’’) under 

those sections rests solely with the DoD. 

Accordingly, VA will direct claimants 

appealing eligibility to supplemental or 

increased educational assistance 

(‘‘kicker’’) under the Post-9/11 GI Bill to 

the DoD. 

General Comments 

One commenter requested that VA 

explain why a certifying official who is 

eligible for the Post-9/11 GI Bill will be 

barred from receiving benefits at the 

school for which he or she is authorized 

to submit enrollments. VA included this 

language in the proposed regulation to 

help reduce the possibility of receiving 

fraudulent enrollment certifications. 

However, after further review, VA has 

determined that certifying officials 

eligible for receipt of benefits under the 

Post-9/11 GI Bill will be eligible to 

receive benefits for training pursued at 

the institution of higher learning for 

which he or she is authorized to sign 

enrollment certifications. However, 

certifying officials will be prohibited 

from submitting their own enrollment 

certification to VA. 

Another commenter asked VA to 

consider exempting programs 

specifically provided for veterans from 

the 85–15 rule. Section 3680A of title 

38, U.S.C., instructs VA to disapprove 

enrollment in certain courses, including 

those courses where more than 85 

percent of the students are receiving 

educational assistance under programs 

administered by VA. However, that 

section provides an exception for 

courses offered at institutions of higher 

learning where less than 35 percent of 

the students on campus are receiving 

educational assistance under a program 

administered by VA. 

We received a comment regarding the 

method in which students will certify 

their enrollment as stated in proposed 

§ 21.9730. Due to system limitations, 

individuals will not be able to certify 

attendance to VA on a monthly basis, 

similar to individuals in receipt of 

benefits under 38 U.S.C. chapter 30. As 

a result, we removed proposed 

§ 21.9730 and all references to that 

section from the final rule. However, the 

inability to certify attendance monthly 

does not relieve the individual of the 

responsibility of notifying VA of a 

change in enrollment in accordance 

with § 21.9735. 

We received a comment requesting 

that beneficiaries under the Post-9/11 GI 

Bill also be provided with five months 

of free entitlement for remedial classes, 

noting that beneficiaries under 38 U.S.C. 

chapter 35 are not charged entitlement 

for the first 5 months of pursuit of 

remedial training. Chapter 33 of title 38, 

U.S.C., does not include a provision that 

would allow VA to provide five months 

of remedial training with no entitlement 

charge as is available for chapter 35 

beneficiaries under 38 U.S.C. 3533 who 

meet the requirements of 38 U.S.C. 

3491(a). However, the statute does 

provide that individuals may receive 

reimbursement for one licensing or 

certification test, tutorial assistance, and 

the rural relocation benefit with no 

charge to entitlement. 

One commenter requested that VA 

allow individuals to pursue multiple 

objectives. The term ‘‘program of 

education’’ is defined in 38 U.S.C. 

3452(b) for the purposes of chapter 36. 

Section 3323(a) of title 38, U.S.C., 

directs VA to the administrative 

provisions listed in 38 U.S.C. 3034(a) 

that further direct us to specific 

provisions of 38 U.S.C. chapter 36. 

Based on the statutory definition of 

‘‘program of education’’ VA may 

approve the pursuit of multiple 

objectives as long as they lead to a 

single career field. Institutions of higher 

learning may request approval of dual 

degrees with the State approving agency 

of jurisdiction if they can show that the 

objectives are complementary and will 

lead to a single career field. 

Two commenters requested that VA 

publish the State maximums prior to 

August 1st of each calendar year. Due to 

the novelty of the program, we are 

unable to predict how far ahead of the 

academic year we will have access to 

the State maximums. Based on recently 

received information from several State 

approving agencies, many public 

institutions do not set their tuition and 

fees until June or July of each year. We 

published the State maximums for the 

2008–2009 academic year on our Web 

site in February. We will publish the 

State maximums for upcoming 

academic years as early as possible, but 

not later than August 1st of each 

calendar year. 

In proposed § 21.9625(h), VA 

indicated that individuals who qualify 

for an increase in the percentage of the 

maximum amount payable based on 

length of active duty service during a 

certified enrollment period would 

receive payment based on such increase 

the first day of the term, quarter, or 

semester during which he or she was 

enrolled following the date the 

individual became entitled to such 

increase. A commenter requested that 

VA consider allowing individuals who 

are not enrolled in quarter or semester 


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schools to receive an increased payment 

within 4 months of the date the 

individual became entitled to the 

increase. VA will continue to increase 

percentages effective the date of the 

award or the first day of the certified 

enrollment period during which the 

individual is enrolled following the date 

the individual became entitled to such 

increase. Payments for tuition, fees, and, 

if applicable, the Yellow Ribbon 

Program are issued as lump sums at the 

beginning of the certified enrollment 

period. Those payments are issued for 

the entire enrollment period certified to 

VA. Increasing payments mid-term 

could adversely affect schools 

participating in the Yellow Ribbon 

Program. If VA readjusts the 

individual’s claim to pay additional 

assistance, the amount of Yellow Ribbon 

Program contributions that the school 

could legally provide may be reduced. 

In these situations, the school would be 

required to refund money back to VA. 

For consistency among all schools, VA 

chooses to continue authorizing 

payment of educational assistance at an 

increased percentage effective the first 

date of the award or the first day of the 

certified enrollment period following 

the effective date of the increased 

percentage. 

One commenter asked VA to clarify 

how entitlement would be charged for 

an individual who was called to active 

duty for a short period of time. Section 

21.9560(d)(4) of title 38, CFR, states that 

entitlement will not be charged to 

individuals who are called or ordered to 

active duty or a new assignment and 

who do not receive credit or lose 

training time for any portion of the 

enrollment period. If the institution of 

higher learning grants the individual a 

leave of absence and the student returns 

and completes the courses following the 

leave of absence with no loss of credit 

or training time, VA would not reduce 

or alter the training time. 

Another commenter requested that 

VA reconsider applying the 

administrative provisions (of chapter 

36) for existing educational assistance 

programs to the Post-9/11 GI Bill. 

Section 3323(a) of title 38, U.S.C., 

directs VA to apply the provisions listed 

in 38 U.S.C. 3034(a) in the 

administration of the Post-9/11 GI Bill. 

Section 3034(a) requires that VA use 

existing provisions of 38 U.S.C. chapters 

34 and 36. The use of the existing 

structure is mandated by statute and can 

not be changed by regulation. 

We received a comment requesting 

that we create a regulatory pilot program 

for educational assistance that will 

provide less oversight for institutions 

with graduation-rate track records in the 

top half of the institutions in the 

country. The commenter noted that the 

current provisions in place are 

necessary to protect veterans, but added 

that the provisions are cumbersome and 

unnecessary for successful institutions. 

The commenter specifically suggested 

that VA create a second set of less 

obtrusive rules for specific institutions. 

Chapter 36 of title 38, U.S.C., directs VA 

to work cooperatively with State 

approving agencies to approve programs 

of education for educational assistance. 

As a result, VA can not remove statutory 

oversight requirements by regulation. 

A commenter suggested that VA 

clarify whether the conversion rate for 

foreign currency will be based on a rate 

determined at an exchange where 

currencies are traded or at a commercial 

bank. VA amended the final rule to 

clarify that the foreign exchange rates 

effective July 1st of each calendar year 

as published by the Federal Reserve will 

be used to convert foreign currency for 

enrollments certified for the following 

academic year (August 1st through July 

31st). 

Additional Changes 

We received several comments 

requesting technical changes to increase 

the clarity and readability of the 

regulatory text. VA appreciates the 

comments and incorporated several of 

the suggested changes in the final rule. 

In addition to the numerous nonsubstantive technical changes that were 

made, VA is also amending the final 

rule to clarify that individuals making 

an irrevocable eligibility election to 

receive benefits under the Post-9/11 GI 

Bill may receive a retroactive payment 

of educational assistance under the 

program for training pursued not earlier 

than one year prior to the date the 

election request was received. However, 

the retroactive payment can never begin 

prior to August 1, 2009, or the date the 

individual qualified for educational 

assistance under the program. We are 

also revising the formula for 

determining the maximum amount of 

tuition and fees that can be paid for 

individuals pursuing training at a 

foreign institution each year based on 

the current in-State maximums rather 

than the in-State maximums for the 

previous academic year. Additionally, 

we are revising § 21.9750 to include the 

formulas that will be used to assess 

courses at institutions of higher learning 

that do not use credit hours. 

Other Comments 

VA received several comments 

suggesting support for, or proposal of, 

legislative changes to certain provisions 

of the Post-9/11 GI Bill. Our primary 

focus is on ensuring that all 

requirements are met and all systems 

are in place for issuing payments on 

August 1, 2009; therefore, at this time, 

VA cannot support any legislative 

changes that would interfere with our 

ability to achieve this objective. We will 

take each of these suggestions submitted 

during the comment period into 

consideration when developing future 

legislative proposals. We also received 

numerous comments regarding the 

implementation of the program itself. 

Some commenters asked when 

institutions would be able to certify 

enrollments, when institutions would 

receive funds, how payments would be 

delivered, when and how students will 

be notified of application procedures, 

and if schools will have access to an 

individual’s certificate of eligibility. We 

also received comments expressing 

concern regarding how often enrollment 

information will be reported and what 

additional information will be required. 

VA is in the process of developing the 

procedures necessary to implement the 

Post-9/11 GI Bill in accordance with 

statutory and regulatory provisions. We 

will continue to update our Web site at 

http://www.gibill.va.gov as information 

becomes available regarding the 

procedures that will be used to 

administer the program. VA appreciates 

the eagerness of the institutions to assist 

VA in providing our nation’s veterans 

with this well-deserved benefit. We also 

appreciate the support and patience of 

each of our stakeholders during this 

process. 

Benefits Costs 

The benefit costs for implementing 

this final rule are slightly higher than 

the cost of implementing the proposed 

rule based on the opinion of our General 

Counsel that members of the PHS and 

NOAA are eligible for educational 

assistance under the Post-9/11 GI Bill. 

We estimate that the addition of PHS 

and NOAA members will result in an 

additional 332 trainees per year at the 

cost of $2.1 million for FY 2009 and 

nearly $56.5 million over 10 years. 

Paperwork Reduction Act 

This final rule contains provisions 

that constitute collections of 

information under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501– 

3521) (‘‘Act’’). In the preamble of the 

proposed rule, we identified 5 existing 

information collections that would be 

used in the administration of the Post9/11 GI Bill. VA subsequently 

determined that the ‘‘Student 

Verification of Enrollment’’ (OMB 

control number 2900–0465) will not be 

necessary for the administration of the 


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program. VA also identified additional 

existing information collections that are 

necessary for the administration of the 

program. VA will use these existing 

information collections with the 

following Office of Management and 

Budget (OMB) control numbers in the 

administration of the Post-9/11 GI Bill: 

• 2900–0154—Application for VA 

Education Benefits 

• 2900–0171—Tutorial Assistance 

• 2900–0576—Correspondence 

Affirmation 

• 2900–0657—Conflicting Interests 

Certification for Proprietary Schools 

• 2900–0073—VA Enrollment 

Certification 

• 2900–0074—Request for Change of 

Program or Place of Training 

• 2900–0156—Notice of Change in 

Student Status 

• 2900–0209—Work-Study 

• 2900–0353—Certificate of Lessons 

Completed 

• 2900–0695—Application for 

Reimbursement of Licensing or 

Certification Test Fees 

Additionally, VA determined that this 

rule will require a new information 

collection to implement the provisions 

of 38 U.S.C. 3319 regarding the Yellow 

Ribbon Program. Section 3319 of title 

38, U.S.C., and 38 CFR 21.9700 require 

VA to enter into an agreement with an 

institution of higher learning that 

wishes to participate in the Yellow 

Ribbon Program. The institution of 

higher learning must report the means 

by which contributions are made, the 

maximum amount of contributions that 

will be provided to any individual 

during the academic year, and the 

maximum number of individuals for 

which the institution of higher learning 

will provide contributions during the 

academic year. On November 3, 2008, 

VA notified the public that an 

emergency request for approval was 

submitted to OMB for collection of 

information under the Yellow Ribbon 

Program. VA did not receive any 

comments regarding the information 

collection during the comment period. 

OMB approved the use of the Yellow 

Ribbon Program Agreement on January 

8, 2009, under control number 2900– 

0718. 

In the preamble of the proposed rule, 

we also stated that the provisions in 38 

CFR 21.9680(c) requiring individuals to 

submit a request for the rural relocation 

benefit in writing does not constitute a 

collection of information under the Act 

because VA anticipates that information 

will be collected from fewer than 10 

persons annually. 

OMB assigns a control number for 

each collection of information it 

approves. VA may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information 

unless it displays a currently valid OMB 

control number. 

Unfunded Mandates 

The Unfunded Mandates Reform Act 

of 1995 requires, at 2 U.S.C. 1532, that 

agencies prepare an assessment of 

anticipated costs and benefits before 

issuing any rule that may result in the 

expenditure by State, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

(adjusted annually for inflation) in any 

given year. This final rule will have no 

such effect on State, local, and tribal 

governments, or on the private sector. 

Executive Order 12866 and 

Congressional Review Act 

This is an economically significant 

regulatory action under Executive Order 

12866 and constitutes a major rule 

under the Congressional Review Act. 

Executive Order 12866 directs 

agencies to assess all costs and benefits 

of available regulatory alternatives and, 

when regulation is necessary, to select 

regulatory approaches that maximize 

net benefits (including potential 

economic, environmental, public health 

and safety, and other advantages; 

distributive impacts; and equity). 

Executive Order 12866 classifies a 

‘‘significant regulatory action’’ requiring 

review by OMB as any regulatory action 

that is likely to result in a rule that may: 

(1) Have an annual effect on the 

economy of $100 million or more, or 

adversely affect in a material way the 

economy, a sector of the economy, 

productivity, competition, jobs, the 

environment, public health or safety, or 

State, local, or tribal governments or 

communities; (2) create a serious 

inconsistency or interfere with an action 

taken or planned by another agency; (3) 

materially alter the budgetary impact of 

entitlements, grants, user fees, or loan 

programs or the rights and obligations of 

entitlement recipients; or (4) raise novel 

legal or policy issues arising out of legal 

mandates, the President’s priorities, or 

the principles set forth in the Executive 

Order. 

VA has examined the economic, 

interagency, budgetary, legal, and policy 

implications of this final rule and has 

concluded that it is a significant 

regulatory action under Executive Order 

12866 because it is likely to result in a 

rule that may have an annual effect on 

the economy of $100 million or more 

and may raise novel legal or policy 

issues arising out of legal mandates, the 

President’s priorities, or the principles 

set forth in the Executive Order. This 

final rule is also a major rule under the 

Congressional Review Act because it is 

likely to result in an annual effect on the 

economy of $100 million or more. 

VA has attempted to follow OMB 

circular A–4 to the extent feasible in 

this analysis. The circular first calls for 

a discussion of the need for the 

regulation. The Post-9/11 GI Bill was 

established to provide educational 

assistance to members of the Armed 

Forces who serve on active duty after 

September 10, 2001. The preamble 

above discusses the need for the 

regulation in more detail. 

The impact of this regulation is 

primarily to the federal budget. Eligible 

individuals may receive an educational 

assistance allowance for established 

charges not to exceed the highest 

amount charged full-time in-State 

undergraduate students by the most 

expensive public institution in the State 

where the student is enrolled (or the 

national average of the most expensive 

in-State public institutions for 

individuals training at a foreign 

institution not associated with an 

institution located inside the United 

States), a monthly housing allowance up 

to the monthly amount payable under 

section 403 of title 37, U.S.C., for a 

member with dependents in pay grade 

E–5 residing in the military housing 

area that encompasses all or the 

majority portion of the ZIP code area in 

which the institution is located, and a 

book stipend of up to $1,000 each 

academic year. Individuals may also 

qualify for a work-study allowance, 

tutorial assistance, reimbursement of a 

licensing or certification test, and a rural 

relocation benefit. Individuals eligible 

for 100 percent of the benefit may also 

receive additional funds under the 

Yellow Ribbon Program to cover 

established charges not otherwise 

covered under chapter 33. 

The effective date of the chapter 33 

program is August 1, 2009; therefore, 

full year benefit costs begin in FY 2010. 

VA estimates the benefit cost of the 

program will be $1.2 billion in FY 2009, 

approximately $28.1 billion through FY 

2013, and $78.1 billion through FY 

2018. 

Due to the short length of time 

provided to implement this new benefit 

program and the lack of an existing 

payment system that will support the 

types of payments authorized under the 

new program, VA will utilize manual 

processing of claims in a preexisting 

system with limited functionality until 

an in-house Information Technology 

Systems (IT) solution can be developed. 

As a result, VA estimates discretionary 

costs of $78.8 million in FY 2009 and 

$452.6 million over 10 years for IT and 

minor construction needs, supplies, 


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equipment (including computers); 

increased rent; and salaries to support 

additional personnel. FY 2009 costs are 

offset by additional funding in the 

amount of $100 million dollars made 

available to VA in chapter 3 of title I of 

the Supplemental Appropriations Act, 

2008. 

Regulatory Flexibility Act 

The Secretary of Veterans Affairs 

hereby certifies that this final rule will 

not have a significant economic impact 

on a substantial number of small entities 

as they are defined in the Regulatory 

Flexibility Act, 5 U.S.C. 601–612. 

Although this final rule will affect some 

small entities that are testing 

organizations or educational 

institutions, any economic impact on 

them will be minor because these 

functions are currently being carried out 

for other educational assistance 

programs. Therefore, pursuant to 5 

U.S.C. 605(b), this final rule is exempt 

from the initial and final regulatory 

flexibility analyses requirements of 

sections 603 and 604. 

Catalog of Federal Domestic Assistance 

The Catalog of Federal Domestic 

Assistance numbers and titles for the 

programs affected by this final rule are 

64.117, Survivors and Dependents 

Educational Assistance; 64.120, PostVietnam Era Veterans’ Educational 

Assistance; 64.124, All-Volunteer Force 

Educational Assistance; 64.125, 

Vocational and Educational Counseling 

for Servicemembers and Veterans; 

64.130, Post-9/11 Veterans Educational 

Assistance. The final rule also affects 

the Montgomery GI Bill—Selected 

Reserve (MGIB–SR) program and the 

Reserve Educational Assistance Program 

(REAP), for which there are no Catalog 

of Federal Domestic Assistance 

numbers. 

List of Subjects in 38 CFR Part 21 

Administrative practice and 

procedure, Armed forces, Civil rights, 

Claims, Colleges and universities, 

Conflict of interests, Education, 

Employment, Grant programs— 

education, Grant programs—veterans, 

Health care, Loan programs—education, 

Loan programs—veterans, Manpower 

training programs, Reporting and 

recordkeeping requirements, Schools, 

Travel and transportation expenses, 

Veterans, Vocational education, 

Vocational rehabilitation. 

Approved: February 25, 2009. 

John R. Gingrich, 

Chief of Staff, Department of Veterans Affairs. 

■ For the reasons set out in the 

preamble, VA amends 38 CFR part 21 as 

follows: 

PART 21—VOCATIONAL 

REHABILITATION AND EDUCATION 

Subpart B—Claims and Applications 

for Educational Assistance 

■ 1. The authority citation for part 21, 

subpart B continues to read as follows: 

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

noted in specific sections. 

■ 2. Amend § 21.1029 by: 

■ a. In the introductory text, removing 

‘‘and L,’’ and adding, in its place, ‘‘L, 

and P,’’; 

■ b. Revising the authority citation at 

the end of paragraph (e). 

The revision reads as follows: 

§ 21.1029 Definitions. 

* * * * * 

(e) * * * 

(Authority: 10 U.S.C. 16136(b); 38 U.S.C 

501(a), 3034(a), 3241(a), 3323(a), 3471, 3513, 

5101(a)) 

* * * * * 

■ 3. Amend § 21.1030 by revising the 

authority citation at the end of 

paragraphs (a), (b) and (c) to read as 

follows: 

§ 21.1030 Claims. 

(a) * * * 

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 

501(a), 3034(a), 3241(a), 3323(a), 3471, 3513, 

5101(a)) 

(b) * * * 

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 

501(a), 3034(a), 3241(a), 3323(a), 3471, 3513, 

5101(a)) 

(c) * * * 

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 

501(a), 3034(a), 3241(a), 3323(a), 3471, 3513, 

5101(a)) 

* * * * * 

§ 21.1031 [Amended] 

■ 4. Amend § 21.1031(b)(1) introductory 

text by removing ‘‘or L’’ and adding, in 

its place, ‘‘L, or P’’. 

§ 21.1032 [Amended] 

■ 5. Amend § 21.1032(a)(1) introductory 

text by removing ‘‘or L’’ and adding, in 

its place, ‘‘L, or P’’. 

■ 6. Revise § 21.1033(c) to read as 

follows: 

§ 21.1033 Time limits. 

* * * * * 

(c) Time limit for filing a claim for an 

extended period of eligibility under 10 

U.S.C. chapter 1606, or 38 U.S.C. 

chapter 30, 32, 33, or 35. VA must 

receive a claim for an extended period 

of eligibility provided by § 21.3047, 

§ 21.5042, § 21.7051, § 21.7551, or 

§ 21.9535 by the later of the following 

dates: 

(1) One year from the date on which 

the spouse’s, surviving spouse’s, 

veteran’s, reservist’s, or other eligible 

individual’s original period of eligibility 

ended; or 

(2) One year from the date on which 

the spouse’s, surviving spouse’s, 

veteran’s, reservist’s, or other eligible 

individual’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), 3321, 3512) 

* * * * * 

■ 7. Add § 21.1034 to subpart B to read 

as follows: 

§ 21.1034 Appeals. 

A claimant may appeal a decision of 

eligibility or entitlement to educational 

assistance under title 38, U.S.C., to the 

Board of Veterans Appeals in 

accordance with the provisions of 38 

CFR Part 20. A claimant may appeal a 

decision of entitlement to educational 

assistance under 10 U.S.C. 510 and 10 

U.S.C. chapters 106a, 1606, and 1607 to 

the Board of Veterans Appeals in 

accordance with the provisions of 38 

CFR Part 20. A claimant may not appeal 

a decision of eligibility under 10 U.S.C. 

510 or 10 U.S.C. chapters 106a, 1606, or 

1607 or for supplemental or increased 

educational assistance under 10 U.S.C. 

16131(i) or 38 U.S.C. 3015(d), 3021, or 

3316 to VA as the Department of 

Defense solely determines eligibility to 

supplemental and increased educational 

assistance under those sections. 

(Authority: 38 U.S.C. 501(a), 7105, 7105A) 

Subpart C—Survivors’ and 

Dependents’ Educational Assistance 

Under 38 U.S.C. Chapter 35 

■ 8. The authority citation for part 21, 

subpart C continues to read as follows: 

Authority: 38 U.S.C. 501(a), 512, 3500– 

3566, and as noted in specific sections. 

■ 9. Amend § 21.3022 to read as follows: 

§ 21.3022 Nonduplication—programs 

administered by VA. 

A person who is eligible for 

educational assistance under 38 U.S.C. 

chapter 35 and is also eligible for 

assistance under any of the provisions 

of law listed in this paragraph cannot 

receive such assistance concurrently. 

The eligible person must choose which 


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benefit he or she will receive for the 

particular period(s) of training during 

which education or training is to be 

pursued. The individual may choose to 

receive benefits under another program 

(other than 38 U.S.C. chapter 33) at any 

time, but not more than once in a 

calendar month. The individual may 

choose to receive benefits under 38 

U.S.C. chapter 33 at any time, but not 

more than once during a certified term, 

quarter, or semester. 

(a) 38 U.S.C. chapter 30 (Montgomery 

GI Bill—Active Duty); 

(b) 38 U.S.C. chapter 31 (Vocational 

Rehabilitation and Employment); 

(c) 38 U.S.C. chapter 32 (Post-Vietnam 

Era Veterans’ Educational Assistance); 

(d) 38 U.S.C. chapter 33 (Post-9/11 GI 

Bill); 

(e) 10 U.S.C. chapter 1606 

(Montgomery GI Bill—Selected 

Reserve); 

(f) 10 U.S.C. chapter 1607 (Reserve 

Educational Assistance Program); 

(g) 10 U.S.C. chapter 106a 

(Educational Assistance Test Program); 

(h) Section 903 of the Department of 

Defense Authorization Act, 1981 (Pub. 

L. 96–342, 10 U.S.C. 2141 note.); 

(i) The Hostage Relief Act of 1980 

(Pub. L. 96–449, 5 U.S.C. 5561 note.); 

and 

(j) The Omnibus Diplomatic Security 

and Antiterrorism Act of 1986 (Pub. L. 

99–399). 

(Authority: 10 U.S.C. 16136(b), 16166(b); 38 

U.S.C. 3322, 3681) 

Subpart D—Administration of 

Educational Assistance Programs 

■ 10. The authority citation for part 21, 

subpart D is revised to read as follows: 

Authority: 10 U.S.C. 2141 note, ch. 1606; 

38 U.S.C. 501(a), chs. 30, 32, 33, 34, 35, 36, 

and as noted in specific sections. 

■ 11. Amend § 21.4005 by: 

■ a. Removing ‘‘chapter 30, 32, 34, 35, 

or 36’’ each place it appears and adding, 

in each place, ‘‘chapter 30, 32, 33, 35, 

or 36’’; removing ‘‘chapters 30, 32, 34, 

35, or 36’’ each place it appears and 

adding, in each place, ‘‘chapters 30, 32, 

33, 35, or 36’’; removing ‘‘chapter 30, 

32, or 35’’ and adding, in each place, 

‘‘chapter 30, 32, 33, or 35’’. 

■ b. Revising paragraph (a)(1)(ii) and 

(a)(2)(ii). 

■ c. Revising the authority citation at 

the end of paragraphs (a) and (b). 

■ d. Revising paragraph (e) heading. 

The revisions read as follows: 

§ 21.4005 Conflicting interests. 

* * * * * 

(a) * * * 

(1) * * * 

(ii) Offering a licensing or certification 

test that is approved for payment of 

educational assistance under 10 U.S.C. 

chapter 1606, or 38 U.S.C. chapter 30, 

32, 33, or 35 to veterans, reservists, or 

eligible individuals who take that test. 

(2) * * * 

(ii) Offering a licensing or certification 

test that is approved for payment of 

educational assistance under 10 U.S.C. 

chapter 1606, or 38 U.S.C. chapter 30, 

32, 33, or 35 to veterans, reservists, or 

eligible individuals who take that test. 

* * * * * 

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 

3034(a), 3241(a), 3323(a), 3683, 3689) 

(b) * * * 

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 

3034(a), 3241(a), 3323(a), 3683, 3689) 

* * * * * 

(e) Notice to veterans, reservists, and 

eligible individuals. 

* * * * * 

■ 12. Amend § 21.4006 by revising the 

authority citation at the end of 

paragraphs (a) introductory text, (a)(2), 

and (b) to read as follows: 

§ 21.4006 False or misleading statements. 

(a) * * * 

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 

3034(a), 3241(a), 3323(a), 3690) 

* * * * * 

(2) * * * 

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 

3034(a), 3241, 3323(a), 3690) 

(b) * * * 

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 

3034(a), 3241, 3323(a), 3690) 

* * * * * 

■ 13. Amend § 21.4008 by revising the 

authority citation at the end of 

paragraphs (a) and (b) to read as follows: 

§ 21.4008 Prevention of overpayments. 

(a) * * * 

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 

3034(a), 3241, 3323(a), 3690(b)) 

(b) * * * 

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 

3034(a), 3241, 3323(a), 3690(b)) 

■ 14. Amend § 21.4009 by revising the 

authority citation at the end of 

paragraphs (b) through (j) to read as 

follows: 

§ 21.4009 Waiver or recovery of 

overpayments. 

* * * * * 

(b) * * * 

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 

512(a), 3034(a), 3241(a), 3323(a), 3685) 

(c) * * * 

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 

512(a), 3034(a), 3241(a), 3323(a), 3685, 

3689(d)) 

(d) * * * 

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 

512(a), 3034(a), 3241(a), 3323(a), 3685, 

3689(d)) 

(e) * * * 

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 

512(a), 3034(a), 3241(a), 3323(a), 3685, 

3689(d)) 

(f) * * * 

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 

512(a), 3034(a), 3241(a), 3323(a), 3685, 

3689(d)) 

(g) * * * 

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 

512(a), 3034(a), 3241(a), 3323(a), 3685, 

3689(d)) 

(h) * * * 

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 

512(a), 3034(a), 3241(a), 3323(a), 3685, 

3689(d)) 

(i) * * * 

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 

512(a), 3034(a), 3241(a), 3323(a), 3685, 

3689(d)) 

(j) * * * 

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 

512(a), 3034(a), 3241(a), 3323(a), 3685, 

3689(d)) 

* * * * * 

■ 15. Amend § 21.4020 by: 

■ a. Revising paragraph (a)(4) and (5); 

and 

■ b. Revising the authority citation at 

the end of paragraphs (a) and (b). 

The revisions read as follows: 

§ 21.4020 Two or more programs. 

(a) * * * 

(4) 38 U.S.C. chapters 30, 32, 33, 34, 

35, and 36; 

(5) 10 U.S.C. chapters 106a, 1606, and 

1607; 

* * * * * 

(Authority: 10 U.S.C. 16136(b), 16166(b); 38 

U.S.C. 3034(a), 3241(a), 3323(a), 3695(a)) 

(b) * * * 

(Authority: 10 U.S.C. 16136(b), 16166(b); 38 

U.S.C. 3034(a), 3241(a), 3323(a), 3695(b)) 

* * * * * 

■ 16. Revise § 21.4022 to read as 

follows: 

§ 21.4022 Nonduplication—programs 

administered by VA. 

A veteran, reservist, or eligible 

individual, who is eligible for 

educational assistance allowance or 

subsistence allowance under more than 

one of the provisions of law listed in 

this section, whether based on his or her 

own service or the service of another 


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person, cannot receive such benefits 

concurrently. The individual must 

choose under which program he or she 

will receive benefits for the particular 

period(s) during which education or 

training is to be pursued. The individual 

may choose to receive benefits under 

another program (other than 38 U.S.C. 

chapter 33) at any time, but not more 

than once in a calendar month. The 

individual may choose to receive 

benefits under 38 U.S.C. chapter 33 at 

any time, but not more than once during 

a certified term, quarter, or semester. 

(a) 38 U.S.C. 30 (Montgomery GI 

Bill—Active Duty); 

(b) 38 U.S.C. 31 (Vocational 

Rehabilitation and Employment 

Program); 

(c) 38 U.S.C. 32 (Post-Vietnam Era 

Veterans’ Educational Assistance); 

(d) 38 U.S.C. 33 (Post-9/11 GI Bill) 

(e) 38 U.S.C. 35 (Survivors’ and 

Dependents’ Educational Assistance); 

(f) 10 U.S.C. 1606 (Montgomery GI 

Bill—Selected Reserve); 

(g) 10 U.S.C. 1607 (Reserve 

Educational Assistance Program); 

(h) 10 U.S.C. 106a (Educational 

Assistance Test Program); 

(i) Section 903 of the Department of 

Defense Authorization Act, 1981 (Pub. 

L. 96–342, 10 U.S.C. 2141 note); 

(j) The Hostage Relief Act of 1980 

(Pub. L. 96–449), 5 U.S.C. 5661 note); 

(k) The Omnibus Diplomatic Security 

and Antiterrorism Act of 1986 (Pub. L. 

99–399). 

(Authority: 10 U.S.C. 16136(b), 16166(b); 38 

U.S.C. 3322, 3681) 

■ 17. Amend § 21.4145 by: 

■ a. In paragraph (a)(1), removing 

‘‘chapter 30 or 32’’ and adding, in its 

place, ‘‘chapter 30, 32 or 33’’. 

■ b. Revising the authority citation at 

the end of paragraphs (a), (c), (d), (e), (f), 

and (h). 

■ c. Adding an authority citation at the 

end of paragraph (b). 

■ d. Adding an authority citation at the 

end of paragraph (g). 

The revisions and additions read as 

follows: 

§ 21.4145 Work study allowance. 

(a) * * * 

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 

3034(a), 3104(a)(4), 3241(a), 3323(a), 3485, 

3537) 

(b) * * * 

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 

3034(a), 3104(a)(4), 3241(a), 3323(a), 3485, 

3537, 5101(a)) 

(c) * * * 

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 

3034(a), 3104(a)(4), 3241(a), 3323(a), 3485, 

3537) 

(d) * * * 

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 

3034(a), 3104(a)(4), 3241(a), 3323(a), 3485, 

3537) 

(e) * * * 

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 

3034(a), 3104(a)(4), 3241(a), 3323(a), 3485, 

3537) 

(f) * * * 

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 

3034(a), 3104(a)(4), 3241(a), 3323(a), 3485, 

3537) 

(g) * * * 

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 

3034(a), 3104(a)(4), 3241(a), 3323(a), 3485, 

3537) 

(h) * * * 

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 

3034(a), 3104(a)(4), 3241(a), 3323(a), 3485, 

3537) 

* * * * * 

§ 21.4146 [Amended] 

■ 18. Amend § 21.4146, paragraph (a), 

by removing ‘‘chapters 30, 32, 35, or 36’’ 

and adding, in its place, ‘‘chapters 30, 

32, 33, 35, or 36’’. 

■ 19. Amend § 21.4153 by revising 

paragraph (c)(4)(i) and the authority 

citation following paragraph (c)(4)(i) to 

read as follows: 

§ 21.4153 Reimbursement of expenses. 

* * * * * 

(c) * * * 

(4) * * * 

(i) The work has a direct relationship 

to the requirements of 10 U.S.C. chapter 

1606, or 38 U.S.C. chapter 30, 32, 33, 35, 

or 36; and 

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 

3034(a), 3241(a), 3323(a), 3674) 

* * * * * 

§ 21.4200 [Amended] 

■ 20. Amend § 21.4200 introductory 

text, by removing ‘‘subparts C, F, G, H, 

K, and L’’ and adding, in its place, 

‘‘subparts C, G, H, K, L, and P’’. 

■ 21. Amend § 21.4201 by: 

■ a. In paragraph (a), removing ‘‘the 

Department of Veterans Affairs pursuant 

to Title 38 U.S.C.’’ and adding, in its 

place, ‘‘VA under title 38, U.S.C., or 

under title10, U.S.C.’’. 

■ b. In paragraph (c)(4), removing 

‘‘chapters 30, 31, 32, 34, 35 and 36, title 

38, United States Code, and chapter 

1606, title 10, United States Code’’ and 

adding, in its place, ‘‘38 U.S.C. chapters 

30, 31, 32, 33, 35 and 36, and 10 U.S.C. 

chapter 1606’’. 

■ c. In paragraph (e)(2) introductory 

text, removing ‘‘United States Code or 

under chapter 1606, title 10, United 

States Code’’ and adding, in its place, 

‘‘U.S.C., or under title 10, U.S.C.’’. 

■ d. In paragraph (f)(1)(ii), removing 

‘‘chapters 30, 31, 32, 34, 35, or 36, title 

38, U.S.C., or chapter 1606, title 10 

U.S.C.’’ and by adding, in its place, ‘‘38 

U.S.C. chapters 30, 31, 32, 33, 35 and 

36, and 10 U.S.C. chapter 1606’’. 

■ e. In paragraph (g)(2) introductory 

text, removing ‘‘either under Chapter 

1606, Title 10, U.S.C., or under Chapters 

30, 32, 34, or 36, Title 38 U.S.C.’’ and 

adding, in its place, ‘‘under 10 U.S.C. 

chapter 1606 or under 38 U.S.C. chapter 

30, 32, 33, or 36’’. 

■ f. Revising the authority citation at the 

end of paragraphs (a), (c)(4) introductory 

text, (c)(4)(ii), (d), (e)(2)(i), (e)(2)(iv), 

(e)(3), (f)(1) introductory text, (f)(1)(ii), 

(f)(2), (g)(2) introductory text, (g)(2)(ii), 

(g)(5), and (h). 

The revisions read as follows: 

§ 21.4201 Restrictions on enrollment; 

percentage of students receiving financial 

support. 

(a) * * * 

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 

3034(a), 3241(a), 3323(a), 3680A(d)) 

* * * * * 

(c) * * * 

(4) * * * 

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 

3034(a), 3241(a), 3323(a), 3680A(d)) 

* * * * * 

(ii) * * * 

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 

3034(a), 3241(a), 3323(a), 3680A(d)) 

(d) * * * 

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 

3034(a), 3241(a), 3323(a), 3680A(d)) 

(e) * * * 

(2) * * * 

(i) * * * 

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 

3034(a), 3241(a), 3323(a), 3680A(d)) 

* * * * * 

(iv) * * * 

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 

3034(a), 3241(a), 3323(a), 3680A(d)) 

(3) * * * 

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 

3034(a), 3241(a), 3323(a), 3680A(d)) 

(f) * * * 

(1) * * * 

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 

3034(a), 3241(a), 3323(a), 3680A(d)) 

* * * * * 

(ii) * * * 

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 

3034(a), 3241(a), 3323(a), 3680A(d)) 

(2) * * * 

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 

3034(a), 3241(a), 3323(a), 3680A(d)) 


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(g) * * * 

(2) * * * 

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 

3034(a), 3241(a), 3323(a), 3680A(d)) 

* * * * * 

(ii) * * * 

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 

3034(a), 3241(a), 3323(a), 3680A(d)) 

* * * * * 

(5) * * * 

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 

3034(a), 3241(a), 3323(a), 3680A(d)) 

* * * * * 

(h) * * * 

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 

3034(a), 3241(a), 3323(a), 3680A(d)) 

■ 22. Amend § 21.4206 by: 

■ a. In the introductory text and in 

paragraph (a), removing ‘‘chapter 30, 32, 

34, 35 or 36’’ and adding, in its place, 

‘‘chapter 30, 32, 33, 35 or 36’’. 

■ b. In paragraph (e)(1), removing 

‘‘chapters 30, 32, 34, 35 and 36 of title 

38 U.S.C.’’ and adding, in its place, 

‘‘chapters 30, 32, 33, 35 and 36 of title 

38, U.S.C.’’. 

■ c. Revising the authority citation at 

the end of paragraphs (a) through (d). 

■ d. Removing the authority citation at 

the end of paragraph (e)(1) and by 

revising the authority citation at the end 

of the paragraph (e). 

■ e. Adding an information collection 

approval parenthetical at the end of the 

section. 

The revisions and addition read as 

follows: 

§ 21.4206 Reporting fee. 

* * * * * 

(a) * * * 

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 

3034(a), 3241(a), 3323(a), 3684(c)) 

(b) * * * 

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 

3034(a), 3241(a), 3323(a), 3684(c)) 

(c) * * * 

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 

3034(a), 3241(a), 3323(a), 3684(c)) 

(d) * * * 

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 

3034(a), 3241(a), 3323(a), 3684(c)) 

(e) * * * 

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 

3034(a), 3241(a), 3323(a), 3684(c)) 

(The Office of Management and Budget 

has approved the information collection 

provisions in this section under control 

number 2900–0073) 

■ 23. Amend § 21.4209 by: 

■ a. In paragraph (a)(1), removing 

‘‘chapter 30, 32, 34, 35, or 36’’ and 

adding, in its place, ‘‘chapter 30, 32, 33, 

35, or 36’’. 

■ b. In paragraph (c), removing 

‘‘veterans under 38 U.S.C. chapter 30 or 

32,’’ and adding, in its place, ‘‘veterans 

under 38 U.S.C. chapter 30, 32, or 33,’’. 

■ c. Revising the authority citation at 

the end of paragraphs (a) through (c), 

and (f). 

The revisions read as follows: 

§ 21.4209 Examination of records. 

(a) * * * 

(Authority: 10 U.S.C. 16136; 38 U.S.C. 3034, 

3241, 3323(a), 3689, 3690) 

(b) * * * 

(Authority: 10 U.S.C. 16136; 38 U.S.C. 3034, 

3241, 3323(a), 3689, 3690) 

(c) * * * 

(Authority: 10 U.S.C. 16136; 38 U.S.C. 3034, 

3241, 3323(a), 3690) 

* * * * * 

(f) * * * 

(Authority: 10 U.S.C. 16136; 38 U.S.C. 3034, 

3241, 3323(a), 3689, 3690) 

* * * * * 

■ 24. Amend § 21.4210 by: 

■ a. Revising the section heading and 

paragraph (a)(1). 

■ b. In paragraph (b)(1)(i), removing 

‘‘chapter 30, 32, 34, 35, or, 36’’ and 

adding, in its place, ‘‘chapter 30, 32, 33, 

35, or 36’’. 

■ c. In paragraph (d)(2)(ii), removing 

‘‘chapters 30, 32, 34, 35, and 36’’ and 

adding, in its place, ‘‘chapters 30, 32, 

33, 35, and 36’’. 

■ d. Revising paragraph (d)(4)(ii). 

■ e. Revising the authority citation at 

the end of paragraphs (a), (b)(1)(ii), (c), 

(d), (e)(2), and (f) through (i). 

The revisions read as follows: 

§ 21.4210 Suspension and discontinuance 

of educational assistance payments, and 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. VA may pay educational 

assistance under 38 U.S.C. chapter 33 to 

an eligible individual or, as appropriate, 

to the individual’s institution of higher 

learning on his or her behalf, for the 

individual’s pursuit of a course or 

program of education if the course or 

program of education is offered by an 

institution of higher learning and 

approved under 38 U.S.C. chapter 30 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 

an individual is entitled to be paid 

educational assistance to meet all or a 

portion of the institution of higher 

learning’s established charges that the 

military department concerned has not 

covered by tuition assistance under 10 

U.S.C. 2007(a) or (c). 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. 

* * * * * 

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 

3034(a), 3241(a), 3323(a), 3452, 3471, 3690) 

(b) * * * 

(1) * * * 

(ii) * * * 

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 

3034(a), 3241(a), 3323(a), 3689, 3690) 

* * * * * 

(c) * * * 

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 

3034(a), 3241(a), 3323(a), 3690) 

(d) * * * 

(4) * * * 

(ii) Has instituted a policy or practice 

with respect to the payment of tuition, 

fees, or other established charges that 

substantially denies to veterans, 

servicemembers, reservists, or other 

eligible persons the benefits of advance 

payment of educational assistance 


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authorized to such individuals under 

§§ 21.4138(a), 21.7140(a), 21.7640(d), or 

21.9680; or 

* * * * * 

(Authority: 16136(b); 38 U.S.C. 512(a), 

3034(a), 3241(a), 3323(a), 3680A(d), 3684, 

3685, 3689, 3690, 3696, 5301) 

(e) * * * 

(2) * * * 

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 

3034(a), 3241(a), 3323(a), 3690) 

* * * * * 

(f) * * * 

(Authority: 10 U.S.C. 16136(b); 31 U.S.C. 

3801–3812; 38 U.S.C. 3034(a), 3241(a), 

3323(a), 3689, 3690) 

(g) * * * 

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 

3034(a), 3241(a), 3323(a), 3689, 3690) 

(h) * * * 

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 

3034(a), 3241(a), 3323(a), 3690) 

(i) * * * 

(Authority: 10 U.S.C. 16136(b); 38 U.S. C. 

3034(a), 3241, 3323(a), 3683(b)) 

■ 25. Amend § 21.4211 by: 

■ a. Removing ‘‘chapter 30, 32, 34, 35, 

or 36’’ each place it appears and adding, 

in each place, ‘‘chapter 30, 32, 33, 35, 

or 36’’. 

■ b. Revising the authority citation at 

the end of paragraphs (a) through (e). 

The revisions read as follows: 

§ 21.4211 Composition, jurisdiction, and 

duties of the Committee on Educational 

Allowances. 

(a) * * * 

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 

512(a), 3034(a), 3323(a), 3241(a), 3689(d), 

3690) 

(b) * * * 

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 

3034(a), 3323(a), 3241(a), 3689(d), 3690) 

(c) * * * 

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 

3034(a), 3323(a), 3241(a), 3689(d), 3690) 

(d) * * * 

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 

3034(a), 3323(a), 3241(a), 3689(d), 3690) 

(e) * * * 

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 

3034(a), 3323(a), 3241(a), 3689(d), 3690) 

■ 26. Amend § 21.4212 by revising the 

authority citation at the end of the 

section to read as follows: 

§ 21.4212 Referral to Committee on 

Educational Allowances. 

* * * * * 

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 

3034(a), 3241(a), 3323(a), 3689(d), 3690) 

■ 27. Amend § 21.4213 by revising the 

authority citation at the end of the 

section to read as follows: 

§ 21.4213 Notices of hearing by Committee 

on Educational Allowances. 

* * * * * 

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 

3034(a), 3241(a), 3323(a), 3689(d), 3690) 

■ 28. Amend § 21.4214 by revising the 

authority citation for paragraphs (a) 

through (p) to read as follows: 

§ 21.4214 Hearing rules and procedures 

for Committee on Educational Allowances. 

(a) * * * 

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 

3034(a), 3241(a), 3323(a), 3689(d), 3690) 

(b) * * * 

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 

3034(a), 3241(a), 3323(a), 3689(d), 3690) 

(c) * * * 

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 

3034(a), 3241(a), 3323(a), 3689(d), 3690) 

(d) * * * 

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 

3034(a), 3241(a), 3323(a), 3689(d), 3690) 

(e) * * * 

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 

3034(a), 3241(a), 3323(a), 3689(d), 3690) 

(f) * * * 

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 

3034(a), 3241(a), 3323(a), 3689(d), 3690) 

(g) * * * 

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 

3034(a), 3241(a), 3323(a), 3689(d), 3690) 

(h) * * * 

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 

3034(a), 3241(a), 3323(a), 3689(d), 3690) 

(i) * * * 

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 

3034(a), 3241(a), 3323(a), 3689(d), 3690) 

(j) * * * 

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 

3034(a), 3241(a), 3323(a), 3689(d), 3690) 

(k) * * * 

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 

3034(a), 3241(a), 3323(a), 3689(d), 3690) 

(l) * * * 

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 

3034(a), 3241(a), 3323(a), 3689(d), 3690) 

(m) * * * 

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 

3034(a), 3241(a), 3323(a), 3689(d), 3690) 

(n) * * * 

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 

3034(a), 3241(a), 3323(a), 3689(d), 3690) 

(o) * * * 

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 

3034(a), 3241(a), 3323(a), 3689(d), 3690) 

(p) * * * 

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 

3034(a), 3241(a), 3323(a), 3689(d), 3690) 

■ 29. Amend § 21.4215 by revising the 

authority citation for paragraphs (a) 

through (e) to read as follows: 

§ 21.4215 Decision of Director of VA 

Regional Processing Office of jurisdiction. 

(a) * * * 

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 

3034(a), 3241(a), 3323(a), 3689(d), 3690) 

(b) * * * 

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 

3034(a), 3241(a), 3323(a), 3689(d), 3690) 

(c) * * * 

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 

3034(a), 3241(a), 3323(a), 3689(d), 3690) 

(d) * * * 

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 

3034(a), 3241(a), 3323(a), 3689(d), 3690) 

(e) * * * 

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 

3034(a), 3241(a), 3323(a), 3689(d), 3690) 

■ 30. Amend § 21.4216 by revising the 

authority citation for paragraphs (a) and 

(c) to read as follows: 

§ 21.4216 Review of decision of Director of 

VA Regional Processing Office of 

jurisdiction. 

(a) * * * 

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 

3034(a), 3241(a), 3323(a), 3689(d), (e), 3690; 

Pub. L. 122 Stat. 2375) 

* * * * * 

(c) * * * 

(Authority: 10 U.S.C. 16136(b); 38 U.S.C 

3034(a), 3241(a), 3323(a), 3689(d), 3690) 

■ 31. Amend § 21.4233 by revising the 

authority citation at the end of 

paragraph (e) to read as follows: 

§ 21.4233 Combination. 

* * * * * 

(e) * * * 

(Authority: 10 U.S.C. 16136(c); 38 U.S.C. 

3002(8), 3034(d), 3241(b), 3323(a), 3452(c), 

3501(a)(6), 3675, 3676) 

■ 32. Amend § 21.4234 by: 

■ a. Removing ‘‘veteran or eligible 

person’’ each time it appears, and 

adding, in its place, ‘‘veteran, reservist, 

or eligible person’’. 

■ b. Revising paragraph (c). 

■ c. In paragraph (d)(1)(i), removing 

‘‘veteran or eligible spouse or surviving 

spouse’’ and adding, in its place, 

‘‘veteran or eligible person other than a 

child receiving educational assistance 

under 38 U.S.C. chapter 35’’. 

■ d. In paragraph (d)(1)(iii) and 

(d)(2)(iii), removing ‘‘child’’, and 

adding, in each place, ‘‘child receiving 


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educational assistance under 38 U.S.C. 

chapter 35’’. 

■ e. Revising the authority citation at 

the end of paragraphs (a)(2)(iv), (a)(2)(v), 

(b), (c), (d)(3), (d)(4), and (e). 

The revisions read as follows: 

§ 21.4234 Change of program. 

(a) * * * 

(2) * * * 

(iv) * * * 

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 

3034(a), 3241, 3323(a), 3691) 

(v) * * * 

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 

3034(a), 3241, 3323(a), 3691) 

(b) * * * 

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 

3034(a), 3241, 3323(a), 3691) 

(c) Optional change of program. A 

spouse or surviving spouse eligible to 

receive educational assistance under 38 

U.S.C. 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: 10 U.S.C. 16136(b); 38 U.S.C. 

3034(a), 3241, 3323(a), 3691) 

(d) * * * 

(3) * * * 

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 

3034(a), 3241, 3323(a), 3691) 

(4) * * * 

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 

3034(a), 3241, 3323(a), 3691) 

(e) * * * 

(Authority: 10 U.S.C. 510(h), 16136(b), 

16166(b); 38 U.S.C. 3034(a), 3241, 3323(a), 

3691) 

* * * * * 

■ 33. Amend § 21.4236 by revising the 

authority citation at the end of 

paragraphs (b), (c), and (d) to read as 

follows: 

§ 21.4236 Tutorial assistance. 

* * * * * 

(b) * * * 

(Authority: 10 U.S.C. 16131(h); 38 U.S.C. 

3019, 3234, 3314, 3492, 3533(b)) 

(c) * * * 

(Authority: 10 U.S.C. 16131(h); 38 U.S.C. 

3019, 3314, 3492, 3533(b)) 

(d) * * * 

(Authority: 10 U.S.C. 16131(h); 38 U.S.C. 

3019, 3314, 3492, 3533(b)) 

■ 34. Amend § 21.4250 by: 

■ a. In paragraph (c)(2)(ii), removing 

‘‘Chapter 1606 or 38 U.S.C. Chapters 30, 

32, 35, or 36’’ and adding, in its place, 

‘‘chapter 1606 or 38 U.S.C. chapter 30, 

32, 33, 35, or 36’’. 

■ b. In paragraph (c)(2)(iii), removing 

‘‘chapter 30, 32, or 35’’ and adding, in 

its place, ‘‘chapter 30, 32, 33, or 35’’. 

■ c. Revising the authority citation at 

the end of paragraphs (a) and (c). 

The revisions read as follows: 

§ 21.4250 Course and licensing and 

certification test approval; jurisdiction and 

notices. 

(a) * * * 

(Authority: 38 U.S.C. 3014(b), 3313(e), 3315, 

3670, 3672(a)) 

* * * * * 

(c) * * * 

(Authority: 10 U.S.C. 16136; 38 U.S.C. 3034, 

3241, 3314, 3323(a), 3476, 3523, 3672, 3673, 

3689) 

* * * * * 

■ 35. Amend § 21.4252 by revising the 

authority citation at the end of 

paragraph (c) to read as follows: 

§ 21.4252 Courses precluded; erroneous, 

deceptive, or misleading practices. 

* * * * * 

(c) * * * 

(Authority: 10 U.S.C. 16131(f); 38 U.S.C. 

3034, 3241(b), 3323(a), 3523(b), 3680A(b)) 

* * * * * 

Subpart G—Post-Vietnam Era 

Veterans’ Educational Assistance 

Under 38 U.S.C. Chapter 32 

■ 36. The authority citation for part 21, 

subpart G continues to read as follows: 

Authority: 38 U.S.C. 501(a), chs. 32, 36, 

and as noted in specific sections. 

■ 37. Amend § 21.5022 by revising 

paragraphs (a) and (b)(1)(i) through 

(b)(1)(vii), adding paragraphs (b)(1)(viii) 

and (b)(1)(ix), and revising the authority 

citation at the end of the section to read 

as follows: 

§ 21.5022 Eligibility under more than one 

program. 

(a) Concurrent benefits under more 

than one program. (1) An individual 

cannot receive educational assistance 

under 38 U.S.C. chapter 32 concurrently 

with benefits under— 

(i) 38 U.S.C. chapter 30 (Montgomery 

GI Bill—Active Duty); 

(ii) 38 U.S.C. chapter 31 (Vocational 

Rehabilitation and Employment); 

(iii) 38 U.S.C. chapter 33 (Post-9/11 GI 

Bill); 

(iv) 38 U.S.C. chapter 35 (Survivors’ 

and Dependents’ Educational 

Assistance); 

(v) 10 U.S.C. chapter 1606 

(Montgomery GI Bill—Selected 

Reserve); 

(vi) 10 U.S.C. chapter 1607 (Reserve 

Educational Assistance Program); 

(vii) 10 U.S.C. chapter 106a 

(Educational Assistance Test Program); 

(viii) Section 903 of the Department of 

Defense Authorization Act, 1981 (Pub. 

L. 96–342, 10 U.S.C. 2141 note); 

(ix) The Hostage Relief Act of 1980 

(Pub. L. 96–449, 5 U.S.C. 5561 note); or 

(x) The Omnibus Diplomatic Security 

and Antiterrorism Act of 1986 (Pub. L. 

99–399). 

(Authority: 38 U.S.C. 3322(a), 3681(b), 3695) 

(2) If an individual is eligible for 

benefits under 38 U.S.C. chapter 32 and 

one or more of the programs listed in 

(a)(1)(i) through (a)(1)(x) of this section, 

he or she must specify under which 

program he or she is claiming benefits. 

The individual may choose to receive 

benefits under another program (other 

than 38 U.S.C. chapter 33) at any time, 

but not more than once in a calendar 

month. The individual may choose to 

receive benefits under 38 U.S.C. chapter 

33 at any time, but not more than once 

during a certified term, quarter, or 

semester. 

(Authority: 38 U.S.C. 3033(a), 3322(a)) 

(b) * * * 

(1) * * * 

(i) 38 U.S.C. chapter 30 (Montgomery 

GI Bill—Active Duty); 

(ii) 38 U.S.C. chapter 33 (Post-9/11 GI 

Bill); 

(iii) 38 U.S.C. chapter 35 (Survivors’ 

and Dependents’ Educational 

Assistance); 

(iv) 10 U.S.C. chapter 1606 

(Montgomery GI Bill-Selected Reserve); 

(v) 10 U.S.C. chapter 1607 (Reserve 

Educational Assistance Program); 

(vi) 10 U.S.C. chapter 106a 

(Educational Assistance Test Program); 

(vii) Section 903 of the Department of 

Defense Authorization Act, 1981 (Pub. 

L. 96–342, 10 U.S.C. 2141 note); 

(viii) The Hostage Relief Act of 1980 

(Pub. L. 96–449, 5 U.S.C. 5561 note); or 

(ix) The Omnibus Diplomatic Security 

and Antiterrorism Act of 1986 (Pub. L. 

99–399). 

* * * * * 

(Authority: 38 U.S.C. 3034(a), 3231, 3323(a)) 

Subpart K—All Volunteer Force 

Educational Assistance Program 

(Montgomery GI Bill—Active Duty) 

■ 38. The authority citation for part 21, 

subpart K continues to read as follows: 

Authority: 38 U.S.C. 501(a), chs. 30, 36, 

and as noted in specific sections. 

■ 39. Amend § 21.7143 by revising 

paragraphs (a) and (b) to read as follows: 

§ 21.7143 Nonduplication of educational 

assistance. 

(a) Payments of educational 

assistance shall not be duplicated. (1) 

Except for receipt of a Montgomery GI 


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Federal Register / Vol. 74, No. 60 / Tuesday, March 31, 2009 / Rules and Regulations 14671 

Bill—Selected Reserve kicker provided 

under 10 U.S.C. 16131(i), a veteran is 

barred from concurrently receiving 

educational assistance under 38 U.S.C. 

chapter 30 and— 

(i) 38 U.S.C. chapter 31 (Vocational 

Rehabilitation and Employment); 

(ii) 38 U.S.C. chapter 32 (PostVietnam Era Veterans’ Educational 

Assistance); 

(iii) 38 U.S.C. chapter 33 (Post-9/11 GI 

Bill); 

(iv) 38 U.S.C. chapter 35 (Survivors’ 

and Dependents’ Educational 

Assistance); 

(v) 10 U.S.C. chapter 1606 

(Montgomery GI Bill—Selected 

Reserve); 

(vi) 10 U.S.C. chapter 1607 (Reserve 

Educational Assistance Program); 

(vii) 10 U.S.C. chapter 106a 

(Educational Assistance Test Program); 

(viii) Section 903 of the Department of 

Defense Authorization Act, 1981 (Pub. 

L. 96–342, 10 U.S.C. 2141 note); 

(ix) The Hostage Relief Act of 1980 

(Pub. L. 96–449, 5 U.S.C. 5561 note); or 

(x) The Omnibus Diplomatic Security 

and Antiterrorism Act of 1986 (Pub. L. 

99–399). 

(b) If an individual is eligible for 

benefits under 38 U.S.C. chapter 30 and 

one or more of the programs listed in 

paragraphs (a)(1)(i) through (a)(1)(x) of 

this section, he or she must specify 

under which program he or she is 

claiming benefits. The individual may 

choose to receive benefits under another 

program (other than 38 U.S.C. chapter 

33) at any time, but not more than once 

in a calendar month. The individual 

may choose to receive benefits under 38 

U.S.C. chapter 33 at any time, but not 

more than once during a certified term, 

quarter, or semester. 

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 

3033(a), 3681(b)) 

* * * * * 

Subpart L—Educational Assistance for 

Members of the Selected Reserve 

■ 40. The authority citation for part 21, 

subpart L is amended to read as follows: 

Authority: 10 U.S.C. ch. 1606; 38 U.S.C. 

501(a), 512, ch. 36, and as noted in specific 

sections. 

■ 41. Amend § 21.7642 by revising 

paragraphs (a) and (b) to read as follows: 

§ 21.7642 Nonduplication of educational 

assistance. 

(a) Payments of educational 

assistance shall not be duplicated. A 

reservist is barred from receiving 

educational assistance concurrently 

under 10 U.S.C. chapter 1606 and any 

of the following provisions of law— 

(1) 38 U.S.C. 30 (Montgomery GI 

Bill—Active Duty); 

(2) 38 U.S.C. 31 (Vocational 

Rehabilitation and Employment); 

(3) 38 U.S.C. 32 (Post-Vietnam Era 

Veterans’ Educational Assistance); 

(4) 38 U.S.C. 33 (Post-9/11 GI Bill); 

(5) 38 U.S.C. 35 (Survivors’ and 

Dependents’ Educational Assistance); 

(6) 10 U.S.C. 1607 (Reserve 

Educational Assistance Program); 

(7) 10 U.S.C. 106a (Educational 

Assistance Test Program); 

(8) Section 903 of the Department of 

Defense Authorization Act, 1981 (Pub. 

L. 96–342, 10 U.S.C. 2141 note); 

(9) The Hostage Relief Act of 1980 

(Pub. L. 96–449, 5 U.S.C. 5561 note); or 

(10) The Omnibus Diplomatic 

Security Act of 1986 (Pub. L. 99–399). 

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 

3033(a), 3241(a), 3322(a), 3681) 

(b) When paragraph (a) of this section 

applies, the reservist must choose which 

benefit he or she wishes to receive. The 

reservist may choose to receive benefits 

under another program (other than 38 

U.S.C. chapter 33) at any time, but not 

more than once in a calendar month. 

The reservist may choose to receive 

benefits under 38 U.S.C. chapter 33 at 

any time, but not more than once during 

a certified term, quarter, or semester. 

* * * * * 

■ 42. Add and reserve subparts N and O. 

■ 43. Add new subpart P to read as 

follows: 

Subpart P—Post-9/11 GI Bill 

Sec. 

21.9500 Introduction. 

Definitions 

21.9505 Definitions. 

Claims and Applications 

21.9510 Claims, VA’s duty to assist, and 

time limits. 

Eligibility 

21.9520 Basic eligibility. 

21.9525 Eligibility for increased and 

supplemental educational assistance. 

21.9530 Eligibility time limit. 

21.9535 Extended period of eligibility. 

Entitlement 

21.9550 Entitlement. 

21.9555 Entitlement to supplemental 

educational assistance. 

21.9560 Entitlement charges. 

Transfer of Entitlement to Basic Educational 

Assistance to Dependents 

21.9570 Transfer of entitlement. 

Counseling 

21.9580 Counseling 

21.9585 Travel Expenses. 

Approved Programs of Education and 

Courses 

21.9590 Approved programs of education 

and courses. 

21.9600 Overcharges. 

Payments—Educational Assistance 

21.9620 Educational assistance. 

21.9625 Beginning dates. 

21.9630 Suspension or discontinuance of 

payments. 

21.9635 Discontinuance dates. 

21.9640 Rates of payment of educational 

assistance. 

21.9645 Refund of basic contribution to 

chapter 30. 

21.9650 Increase in educational assistance. 

21.9655 Rates of supplemental educational 

assistance. 

21.9660 Rural relocation benefit. 

21.9665 Reimbursement for licensing or 

certification tests. 

21.9670 Work-study allowance. 

21.9675 Conditions that result in reduced 

rates or no payment. 

21.9680 Certifications and release of 

payments. 

21.9685 Tutorial Assistance. 

21.9690 Nonduplication of educational 

assistance. 

21.9695 Overpayments. 

21.9700 Yellow Ribbon Program. 

Pursuit of Courses 

21.9710 Pursuit. 

21.9715 Advance payment certification. 

21.9720 Certification of enrollment. 

21.9725 Progress and conduct. 

21.9735 Other required reports. 

21.9740 False, late, or missing reports. 

21.9745 Reporting fee. 

Course Assessment 

21.9750 Course measurement. 

Approval of Programs of Education 

21.9765 Program of education approval. 

Administrative 

21.9770 Administrative. 

Authority: 38 U.S.C. 501(a), 512, chs. 33, 

36 and as noted in specific sections. 

Subpart P—Post-9/11 GI Bill 

§ 21.9500 Introduction. 

An educational assistance program is 

established for individuals who served 

on active duty after September 10, 2001. 

This educational assistance program is 

effective August 1, 2009. 

(Authority: Pub. L. 110–252, 122 Stat. 2357, 

2378) 

Definitions 

§ 21.9505 Definitions. 

For the purposes of this subpart 

(governing the administration and 

payment of educational assistance 

under 38 U.S.C. chapter 33) the 

following definitions apply. (See also 

additional definitions in §§ 21.1029 and 

21.4200). 


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Academic year means the period of 

time beginning August 1st of each 

calendar year and ending July 31st of 

the subsequent calendar year. 

(Authority: 38 U.S.C. 3034(a), 3323(a), 

3680(a)) 

Active duty means full-time duty in 

the regular components of the Armed 

Forces or under a call or order to active 

duty under 10 U.S.C. 688, 12301(a), 

12301(d), 12301(g), 12302, or 12304. 

Active duty does not include— 

(1) Full-time National Guard Duty 

performed under 32 U.S.C. orders; 

(2) Any period during which the 

individual— 

(i) Was assigned full-time by the 

Armed Forces to a civilian institution to 

pursue a program of education that was 

substantially the same as programs of 

education offered to civilians; 

(ii) Served as a cadet or midshipmen 

at one of the service academies; or 

(iii) Served under the provisions of 10 

U.S.C. 12103(d) pursuant to an 

enlistment in the Army National Guard, 

Air National Guard, Army Reserve, 

Naval Reserve, Air Force Reserve, 

Marine Corps Reserve, or Coast Guard 

Reserve; 

(3) A period of service— 

(i) Required by an officer pursuant to 

an agreement under 10 U.S.C. 2107(b); 

(ii) Required by an officer pursuant to 

an agreement under 10 U.S.C. 4348, 

6959, or 9348; 

(iii) That was terminated because the 

individual is considered a minor by the 

Armed Forces, was erroneously 

enlisted, or received a defective 

enlistment agreement; or 

(iv) Counted for purposes of 

repayment of an education loan under 

10 U.S.C. chapter 109; or 

(4) A period of Selected Reserve 

service used to establish eligibility 

under 38 U.S.C. chapter 30 or 10 U.S.C. 

chapter 1606 or 1607. 

(Authority: 38 U.S.C. 101(21)(A), 3301(1), 

3311(d), 3322(b) and (c)) 

Advance payment means an amount 

of educational assistance payable under 

§ 21.9640(b)(1)(ii) or (b)(2)(ii) for the 

month or fraction of the month in which 

the individual’s quarter, semester, or 

term will begin plus the amount for the 

following month. 

(Authority: 38 U.S.C. 3034(a), 3323(a), 

3680(d)) 

Course means a unit of instruction 

required for an approved program of 

education that provides an individual 

with the knowledge and skills necessary 

to meet the requirements of the selected 

educational, professional, or vocational 

objective. 

(Authority: 38 U.S.C. 3323(c)) 

Distance learning means the pursuit 

of a program of education via distance 

education as defined in 20 U.S.C. 

1003(7). 

(Authority: 20 U.S.C. 1003(7); 38 U.S.C. 

3323(c)) 

Educational assistance means the 

monetary benefit payable under 38 

U.S.C. chapter 33 to, or on behalf of, 

individuals who meet the eligibility 

requirements for pursuit of an approved 

program of education under 38 U.S.C. 

chapter 33. 

(Authority: 38 U.S.C. 3313) 

Enrollment period means a term, 

quarter, or semester during which the 

institution of higher learning offers 

instruction. 

(Authority: 38 U.S.C. 3034(a), 3323(a), 

3680(g)) 

Entry level and skill training means— 

(1) Basic Combat Training and 

Advanced Individual Training for 

members of the Army; 

(2) Recruit Training (Boot Camp) and 

Skill Training (‘‘A’’ School) for members 

of the Navy; 

(3) Basic Military Training and 

Technical Training for members of the 

Air Force; 

(4) Recruit Training and Marine Corps 

Training (School of Infantry Training) 

for members of the Marine Corps; and 

(5) Basic Training for members of the 

Coast Guard. 

(Authority: 38 U.S.C. 3301(2)) 

Established charges means the actual 

charge for tuition and fees that similarly 

circumstanced nonveterans enrolled in 

the program of education are required to 

pay. 

(Authority: 38 U.S.C. 3313(h)) 

Fees means any mandatory charges 

(other than tuition, room, and board) 

that are applied by the institution of 

higher learning for pursuit of an 

approved program of education. Fees 

include, but are not limited to, health 

premiums, freshman fees, graduation 

fees, and lab fees. Fees do not include 

those charged for a study abroad 

course(s) unless the course(s) is a 

mandatory requirement for completion 

of the approved program of education. 

(Authority: 38 U.S.C. 501(a), 3323(c)) 

Institution of higher learning (IHL) 

means 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. When there is no State law to 

authorize the granting of such a degree, 

the school may be recognized as an 

institution of higher learning if it is 

accredited for degree programs by a 

recognized accrediting agency. Such 

term shall also include a hospital 

offering educational programs at the 

postsecondary level without regard to 

whether the hospital grants a 

postsecondary degree. Such term shall 

also include an educational institution 

that offers courses leading to a standard 

college degree or its equivalent, and is 

not located in a State but is recognized 

as an educational institution by the 

secretary of education (or comparable 

official) of the country or other 

jurisdiction in which the institution is 

located. 

(Authority: 38 U.S.C. 3034(a), 3313(b), 

3323(a), 3452(f)) 

Interval means a period of time 

between regularly scheduled individual 

terms, semesters, or quarters. 

(Authority: 38 U.S.C. 3034(a)(1), 3323(a), 

3680) 

Lump sum payment means an amount 

of educational assistance paid for the 

entire term, quarter, or semester. 

(Authority: 38 U.S.C. 3323(c)) 

Mitigating circumstances means 

circumstances beyond the individual’s 

control that prevent him or her from 

continuously pursuing a program of 

education. The following circumstances 

are representative of those that VA 

considers to be mitigating. This list is 

not all-inclusive. 

(1) An illness or mental illness of the 

individual; 

(2) An illness or death in the 

individual’s family; 

(3) An unavoidable change in the 

individual’s conditions of employment; 

(4) An unavoidable geographical 

transfer resulting from the individual’s 

employment; 

(5) Immediate family or financial 

obligations beyond the control of the 

individual that require him or her to 

suspend pursuit of the program of 

education to obtain employment; 

(6) Discontinuance of the course by 

the educational institution; 

(7) Unanticipated active duty for 

training; or 

(8) Unanticipated difficulties in caring 

for the individual’s child or children. 

(Authority: 38 U.S.C. 3034(a), 3323(a), 

3680(a)(1)) 

Program of education means a 

curriculum or combination of courses 

pursued at an institution of higher 

learning that are accepted as necessary 

to meet the requirements for a 

predetermined and identified 


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educational, professional, or vocational 

objective. Such term also means any 

curriculum or combination of courses 

pursued at an institution of higher 

learning that are accepted as necessary 

to meet the requirements for more than 

one predetermined and identified 

educational, professional, or vocational 

objective if all the objectives pursued 

are generally recognized as being 

reasonably related to a single career 

field. The curriculum or combination of 

courses pursued must be listed in the 

institution of higher learning’s catalog 

and included in the approval notice 

provided by the State approving agency 

to VA in accordance with 

§ 21.4258(b)(iv). 

(Authority: 38 U.S.C. 3034(a), 3301, 3323(a), 

3452(b)) 

Pursuit means to work, during a 

certified enrollment period, towards the 

objective of a program of education. 

This work must be in accordance with 

approved institutional policy and 

applicable criteria of Title 38, U.S.C., 

and must be necessary to reach the 

program’s objective. 

(Authority: 38 U.S.C. 3034(a), 3323(a), 

3680(g)) 

Rate of pursuit means the 

measurement obtained by dividing the 

number of credit hours (or the 

equivalent credit hours as determined in 

§ 21.9750) an individual is enrolled in, 

including credit hours (or the 

equivalent) applied to refresher, 

remedial, and deficiency courses, by the 

number of credit hours (or the 

equivalent credit hours) considered to 

be full-time training at the institution of 

higher learning. The resulting 

percentage (rounded to the nearest 

hundredth) will be the individual’s rate 

of pursuit not to exceed 100 percent. For 

the purpose of this subpart, VA will 

consider any rate of pursuit higher than 

50 percent to be more than one-half time 

training. 

(Authority: 38 U.S.C. 3323, 3680) 

Transferor means an individual who 

is entitled to educational assistance 

under the Post-9/11 GI Bill based on his 

or her own active duty service and who 

is approved by the military department 

to transfer all or a portion of his or her 

entitlement to one or more dependents. 

(Authority: 38 U.S.C. 3319) 

Claims and Applications 

§ 21.9510 Claims, VA’s duty to assist, and 

time limits. 

The provisions of subpart B of this 

part apply to claims filed for 

educational assistance under 38 U.S.C. 

chapter 33 with respect to VA’s 

responsibilities upon receipt of claim, 

VA’s duty to assist claimants in 

obtaining evidence, and time limits. 

(Authority: 38 U.S.C. 3323(c), 5101, 5102, 

5103, 5103A) 

Eligibility 

§ 21.9520 Basic eligibility. 

An individual may establish 

eligibility for educational assistance 

under 38 U.S.C. chapter 33 based on 

active duty service after September 10, 

2001, if he or she— 

(a) Serves a minimum of 90 aggregate 

days excluding entry level and skill 

training (to determine when entry level 

and skill training may be included in 

the total creditable length of service, see 

§ 21.9640(a)) and, after completion of 

such service,— 

(1) Continues on active duty; 

(2) Is discharged from service with an 

honorable discharge; 

(3) Is released from service 

characterized as honorable and placed 

on the retired list, temporary disability 

retired list, or transferred to the Fleet 

Reserve or the Fleet Marine Corps 

Reserve; 

(4) Is released from service 

characterized as honorable for further 

service in a reserve component; or 

(5) Is discharged or released from 

service for— 

(i) A medical condition that 

preexisted such service and is not 

determined to be service-connected; 

(ii) Hardship, as determined by the 

Secretary of the military department 

concerned; or 

(iii) A physical or mental condition 

that interfered with the individual’s 

performance of duty but was not 

characterized as a disability and did not 

result from the individual’s own 

misconduct; 

(b) Serves a minimum of 30 

continuous days and, after completion 

of such service, is discharged under 

other than dishonorable conditions due 

to a service-connected disability; or 

(c)(1) After meeting the minimum 

service requirements in paragraph (a) or 

(b) of this section— 

(i) An individual makes an 

irrevocable election to receive benefits 

under 38 U.S.C. chapter 33 by 

relinquishing eligibility under either 38 

U.S.C. chapter 30, or 10 U.S.C. chapter 

106a, 1606, or 1607; 

(ii) A member of the Armed Forces 

who is eligible for educational 

assistance under 38 U.S.C. chapter 30 

and who is making contributions 

towards such educational assistance 

under 38 U.S.C. 3011(b) or 3012(c) 

makes an irrevocable election to receive 

benefits under 38 U.S.C. chapter 33; or 

(iii) A member of the Armed Forces 

who made an election not to receive 

educational assistance under 38 U.S.C. 

chapter 30 in accordance with 38 U.S.C. 

3011(c)(1) or 3012(d)(1) makes an 

irrevocable election to receive benefits 

under 38 U.S.C. chapter 33. 

(2) An individual may make an 

irrevocable election to receive benefits 

under this chapter by properly 

completing VA Form 22–1990, 

submitting a transfer-of-entitlement 

designation under this chapter to the 

Department of Defense, or submitting a 

written statement that includes the 

following— 

(i) Identification information 

(including name, social security 

number, and address); 

(ii) If applicable, an election to receive 

benefits under chapter 33 in lieu of 

benefits under one of the applicable 

chapters listed in paragraph (c)(1)(i) of 

this section (e.g., ‘‘I elect to receive 

benefits under the Post-9/11–GI Bill in 

lieu of benefits under the Montgomery 

GI Bill—Active Duty (chapter 30) 

program.’’); 

(iii) The date the individual wants the 

election to be effective (e.g., ‘‘I want this 

election to take effect on August 1, 

2009.’’). An election request for an 

effective date prior to August 1, 2009, 

will automatically be effective August 1, 

2009; and 

(iv) An acknowledgement that the 

election is irrevocable (e.g., ‘‘I 

understand that my election is 

irrevocable and may not be changed.’’). 

(Authority: 38 U.S.C. 3311; Pub. L. 110–252, 

Stat. 2375–2376) 

(The Office of Management and Budget 

has approved the information collection 

requirements in this section under 

control number 2900–0154.) 

§ 21.9525 Eligibility for increased and 

supplemental educational assistance. 

(a) Increased assistance for members 

with critical skills or specialty. The 

Secretary of the military department 

concerned, pursuant to regulations 

prescribed by the Secretary of Defense, 

may increase the amount of educational 

assistance payable under 

§ 21.9640(b)(1)(ii) or (b)(2)(ii) to an 

individual who has a skill or specialty 

in which there is a critical shortage of 

personnel, for which there is difficulty 

recruiting, or, in the case of critical 

units, for which there is difficulty in 

retaining personnel. 

(b) Supplemental assistance for 

members serving additional service. The 

Secretary of the military department 

concerned, pursuant to regulations 

prescribed by the Secretary of Defense, 

may supplement the amount of 


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educational assistance payable under 

§ 21.9640(b)(1)(ii) or (b)(2)(ii) to an 

individual who meets the following 

service requirements. 

(1) Individuals with active duty 

service only. Supplemental educational 

assistance may be offered to an 

individual who serves 5 or more 

consecutive years on active duty in the 

Armed Forces in addition to the years 

counted to qualify for educational 

assistance, without a break in such 

service, and— 

(i) Continues on active duty without 

a break; 

(ii) Is discharged from service with an 

honorable discharge; 

(iii) Is placed on the retired list; 

(iv) Is transferred to the Fleet Reserve 

or the Fleet Marine Corps Reserve; 

(v) Is placed on the temporary 

disability retired list; or 

(vi) 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. 

(2) Individuals with Selected Reserve 

service. (i) Supplemental educational 

assistance may be offered to an 

individual who— 

(A) Serves 2 or more consecutive 

years on active duty in the Armed 

Forces in addition to the years on active 

duty counted to qualify for educational 

assistance; 

(B) Serves 4 or more consecutive years 

of duty in the Selected Reserve in 

addition to the years of duty in the 

Selected Reserve counted to qualify the 

individual for educational assistance; 

and 

(C) After completion of such service— 

(1) Is discharged from service with an 

honorable discharge; 

(2) Is placed on the retired list; 

(3) Is transferred to the Fleet Reserve 

or Fleet Marine Corps Reserve; 

(4) Is placed on the temporary 

disability retired list; 

(5) Continues on active duty; or 

(6) Continues in the Selected Reserve. 

(ii) The Secretary concerned may, 

pursuant to regulations prescribed by 

the Secretary of Defense, determine the 

maximum period of time during which 

the individual is considered to have 

continuous service in the Selected 

Reserve even though the individual— 

(A) Is unable to locate a unit of the 

Selected Reserve for which he or she is 

eligible; 

(B) Is unable to locate a unit of the 

Selected Reserve that has a vacancy; or 

(C) For any other reason other than 

those stated in paragraph (b)(2)(ii)(A) 

and (B) of this section. 

(iii) Any decision as to the continuity 

of an individual’s service in the 

Selected Reserve made by the Secretary 

of Defense will be binding upon VA. 

(Authority: 38 U.S.C. 3021, 3022, 3023, 3316) 

§ 21.9530 Eligibility time limit. 

(a) Except as provided in paragraphs 

(b) through (e) of this section, an 

individual’s period of eligibility for 

educational assistance will terminate 

effective 15 years from the date of the 

last discharge or release from active 

duty of at least— 

(1) 90 continuous days; or 

(2) 30 continuous days if the 

individual is released for a serviceconnected disability. 

(b) In the case of an individual who 

establishes eligibility and does not meet 

one of the service requirements 

specified in paragraph (a) of this 

section, the individual’s period of 

eligibility for educational assistance will 

terminate effective 15 years from the 

date of discharge for the last period of 

service used to meet the minimum 

service requirements for eligibility as 

stated in § 21.9520. 

(c) Amendment of military records. If 

an individual’s eligibility for 

educational assistance is established as 

a result of a correction of military 

records under 10 U.S.C. 1552, a change, 

correction, or modification of a 

discharge or dismissal under 10 U.S.C. 

1553, or other corrective action by a 

competent military authority, the 

individual’s period of eligibility will 

terminate effective 15 years from the 

date of the change, correction, 

modification, or other corrective action. 

(Authority: 38 U.S.C. 3311(c), 3321) 

(d) Time limit for spouse using 

transferred entitlement. (1) Unless the 

transferor dies while on active duty, the 

ending date of the spouse’s period of 

eligibility for entitlement transferred 

under § 21.9570 is the earliest of the 

following— 

(i) The transferor’s ending date as 

determined under this section; 

(ii) The ending date specified by the 

transferor, if the transferor specified the 

period for which the transfer was 

effective; or 

(iii) The effective date of the 

transferor’s revocation of transferred 

entitlement as determined under 

§ 21.9570(f). 

(2) If the transferor dies while on 

active duty, the ending date of the 

spouse’s period of eligibility is the 

earliest of the following— 

(i) The date 15 years from the 

transferor’s date of death; 

(ii) The ending date specified by the 

transferor, if the transferor specified the 

period for which the transfer was 

effective; or 

(iii) The effective date of the 

transferor’s revocation of transferred 

entitlement as determined under 

§ 21.9570(f). 

(Authority: 38 U.S.C. 3319) 

(e) Time limit for child using 

transferred entitlement. (1) The ending 

date of the child’s period of eligibility 

for entitlement transferred under 

§ 21.9570 is the earliest of the 

following— 

(i) The ending date specified by the 

transferor, if the transferor specified the 

period for which the transfer was 

effective; 

(ii) The effective date of the 

transferor’s revocation of transferred 

entitlement as determined under 

§ 21.9570(f); or 

(iii) The day the child turns 26. 

(2) [Reserved] 

(Authority: 38 U.S.C. 3319) 

§ 21.9535 Extended period of eligibility. 

VA will extend an individual’s period 

of eligibility in accordance with the 

following provisions. 

(a) Disability extension. (1) VA will 

grant an extension of the period of 

eligibility, as determined in § 21.9530 

(except for paragraphs (d) and (e)) 

provided— 

(i) The individual applies for the 

extension within the time specified in 

§ 21.1033(c); and 

(ii) The medical evidence clearly 

establishes that the individual was 

prevented from initiating or completing 

the chosen program of education within 

the original period of eligibility because 

of a physical or mental disability that 

did not result from the individual’s 

willful misconduct. VA will not 

consider the disabling effects of chronic 

alcoholism to be the result of willful 

misconduct. VA will not consider an 

individual’s disability for a period of 30 

days or less as having prevented the 

individual from initiating or completing 

a chosen program, unless the evidence 

establishes that the individual was 

prevented from enrolling or reenrolling 

in the chosen program or was forced to 

discontinue attendance due to the shortterm disability. 

(2) Length of extension. An 

individual’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 will 

be determined as follows— 

(i) If the individual is pursuing a 

program of education 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 the 


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individual was prevented from 

initiating or completing training during 

his or her original period of eligibility 

to the earliest of— 

(A) The beginning date of the ordinary 

term, quarter, or semester following the 

day the individual’s training became 

medically feasible; 

(B) The last date of the individual’s 

original period of eligibility as 

determined in § 21.9530; or 

(C) The date the individual resumed 

training. 

(ii) If the individual is pursuing a 

program of education that is not 

organized on a term, quarter, or 

semester basis, his or her extended 

period of eligibility will contain the 

same number of days as the number of 

days from the date the individual was 

prevented from initiating or completing 

training during his or her original 

period of eligibility to the earliest of— 

(A) The date the individual’s training 

became medically feasible; or 

(B) The last date of the individual’s 

original period of eligibility as 

determined in § 21.9530. 

(b) Forcibly detained extension. (1) 

VA will grant an extension of the period 

of eligibility, as determined in 

§ 21.9530, equal to the period of time 

the individual— 

(i) Was captured and forcibly detained 

by a foreign government or power, and 

(ii) Was hospitalized at a military, 

civilian, or medical facility immediately 

following release from the foreign 

government or power. 

(2) [Reserved] 

(Authority: 38 U.S.C. 3321) 

Entitlement 

§ 21.9550 Entitlement. 

(a) Subject to the provisions of 

§ 21.4020 and this section, an eligible 

individual is entitled to a maximum of 

36 months of educational assistance (or 

its equivalent in part-time educational 

assistance) under 38 U.S.C. chapter 33. 

(b)(1) An individual who, as of 

August 1, 2009, has used entitlement 

under 38 U.S.C. chapter 30, but retains 

unused entitlement under that chapter, 

makes an irrevocable election to receive 

educational assistance under the 

provisions of 38 U.S.C. chapter 33 

instead of educational assistance under 

the provisions of chapter 30, will be 

limited to one month (or partial month) 

of entitlement under chapter 33 for each 

month (or partial month) of unused 

entitlement under chapter 30 (including 

any months of chapter 30 entitlement 

previously transferred to a dependent 

that the individual has revoked). 

(2) An individual, who as of August 

1, 2009, was eligible under 38 U.S.C. 

chapter 30, had not used any 

entitlement under that program, was 

making contributions towards chapter 

30, or was a servicemember who would 

have been eligible for chapter 30 if he 

or she had not declined participation, 

will receive 36 months of entitlement 

under chapter 33. 

(c) Except as provided in 

§§ 21.9560(d), 21.9570(m), and 

21.9635(o), no individual is entitled to 

more than 36 months of full-time 

educational assistance under 38 U.S.C. 

chapter 33. 

(Authority: 38 U.S.C. 3034(a), 3312(a), 

3323(a), 3695; Pub. L. 110–252, 122 Stat. 

2377) 

§ 21.9555 Entitlement to supplemental 

educational assistance. 

In determining the entitlement of an 

individual who is eligible for 

supplemental educational assistance, 

VA will— 

(a) Calculate the individual’s 

entitlement to 38 U.S.C. chapter 33 

educational assistance on the day he or 

she establishes eligibility for 

supplemental educational assistance; 

and 

(b) Credit the individual with the 

same number of months and days of 

entitlement to supplemental educational 

assistance as the number calculated in 

paragraph (a) of this section. 

(Authority: 38 U.S.C. 3023, 3316) 

§ 21.9560 Entitlement charges. 

(a) Overview. Except as provided in 

paragraphs (c) through (f) of this section, 

VA will base entitlement charges on the 

principle that an eligible individual 

who is paid educational assistance for 

one day of full-time pursuit should be 

charged one day of entitlement. 

(b) Determining entitlement charge. 

(1) VA will make a charge against 

entitlement as follows: 

(i) Full-time pursuit. If the individual 

is pursuing a program of education on 

a full-time basis, the entitlement charge 

will be one of the following— 

(A) During any period for which VA 

pays established charges to the 

institution of higher learning on the 

individual’s behalf, the entitlement 

charge will be one day for each day of 

the certified enrollment period; 

(B) During any period for which VA 

does not pay established charges to the 

institution of higher learning on the 

individual’s behalf but pays a monthly 

housing allowance to the individual, the 

entitlement charge will be one day for 

each day of the certified enrollment 

period and/or interval period for which 

the individual receives the monthly 

housing allowance; or 

(C) During any period for which VA 

does not pay established charges to the 

institution of higher learning on the 

individual’s behalf or a monthly 

housing allowance to the individual but 

makes a lump sum payment to the 

individual for books, supplies, 

equipment, and other educational costs, 

VA will make an entitlement charge of 

1 day for every $41.67 paid, with any 

remaining amount rounded to the 

nearest amount evenly divisible by 

$41.67. 

(ii) Less than full-time pursuit. If the 

individual is pursuing a program of 

education on a less than a full-time 

basis, the entitlement charge will be one 

of the following— 

(A) During any period for which VA 

pays established charges to the 

institution of higher learning on the 

individual’s behalf, the individual will 

be charged a percentage of a day for 

each day of the certified enrollment 

period determined by dividing the 

number of course hours the individual 

is pursuing by the number of course 

hours required for full-time pursuit 

(rounded to the nearest hundredth); 

(B) During any period for which VA 

does not pay established charges to the 

institution of higher learning on the 

individual’s behalf but pays a monthly 

housing allowance to the individual, the 

individual will be charged a percentage 

of a day for each day of the certified 

enrollment period and/or interval 

period for which the individual receives 

the monthly housing allowance 

determined by dividing the number of 

course hours the individual is pursuing 

by the number of course hours required 

for full-time pursuit (rounded to the 

nearest hundredth); or 

(C) During any period for which VA 

does not pay established charges to the 

institution of higher learning on the 

individual’s behalf or a monthly 

housing allowance to the individual but 

makes a lump sum payment to the 

individual for books, supplies, 

equipment, and other educational costs, 

VA will make an entitlement charge of 

1 day for every $41.67 paid, with any 

remaining amount rounded to the 

nearest amount evenly divisible by 

$41.67. 

(Authority: 38 U.S.C. 3313) 

(2) If the individual changes his or her 

rate of pursuit after the beginning date 

of the award, VA will— 

(i) Divide the certified enrollment 

period into separate periods of time so 

that the individual’s rate of pursuit is 

constant within each period; and 

(ii) Compute the rate of pursuit 

separately for each time period. 


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(c) Individuals eligible for, or in 

receipt of, educational assistance other 

than that authorized under chapter 33. 

If an individual elected 38 U.S.C. 

chapter 33 by relinquishing educational 

assistance under another program but 

receives educational assistance for a 

program of education that is approved 

under the relinquished chapter but not 

approved under 38 U.S.C. chapter 33, 

VA will make a charge against 

entitlement equivalent to the 

entitlement charge— 

(1) That would be made under the 

provisions of § 21.7076, if the individual 

relinquished eligibility under 38 U.S.C. 

chapter 30; 

(2) That would be made under the 

provisions of § 21.7576 if the individual 

relinquished eligibility under 10 U.S.C. 

chapter 1606; or 

(3) That would be made under 10 

U.S.C. chapter 1607 if the individual 

relinquished eligibility under 10 U.S.C. 

chapter 1607. 

(d) No entitlement charge. VA will not 

make a charge against an individual’s 

entitlement— 

(1) For an approved licensing or 

certification test as provided under 

§ 21.9665; or 

(Authority: 38 U.S.C. 3315) 

(2) For tutorial assistance as provided 

under § 21.9685; or 

(Authority: 38 U.S.C. 3314) 

(3) For the rural relocation benefit as 

provided under § 21.9660; or 

(Authority: 38 U.S.C. 3318) 

(4) For pursuit of a course or courses 

when the individual— 

(i) Had to discontinue the course or 

courses as a result of being ordered to— 

(A) Active duty service under 10 

U.S.C. 688, 12301(a), 12301(d), 

12301(g), 12302, or 12304; or 

(B) A new duty location or assignment 

or to perform an increased amount of 

work; and 

(ii) Did not receive credit or lost 

training time for any portion of the 

period of enrollment in the course or 

courses for which the eligible individual 

was pursuing to complete his or her 

approved educational, professional, or 

vocational objective as a result of having 

to discontinue pursuit. 

(Authority: 38 U.S.C. 3312(c)) 

(e) Interruption to conserve 

entitlement. An individual may not 

interrupt a certified period of 

enrollment for the purpose of 

conserving entitlement. An institution 

of higher learning may not certify a 

period of enrollment for a fractional part 

of the normal term, quarter, or semester 

if the individual 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 individual is 

otherwise eligible for educational 

assistance, except when educational 

assistance is interrupted for any of the 

following conditions: 

(1) Enrollment is terminated; 

(2) The individual cancels his or her 

enrollment and does not negotiate a 

check or receive a direct deposit for 

educational assistance provided under 

this chapter for any part of the certified 

period of enrollment; 

(3) The individual interrupts his or 

her enrollment at the end of any term, 

quarter, or semester within a certified 

period of enrollment and does not 

negotiate a check or receive a direct 

deposit for educational assistance 

provided under this chapter for the 

succeeding term, quarter, or semester; or 

(4) The individual 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 regardless of 

whether or not the individual negotiated 

a check or received a direct deposit for 

educational assistance provided under 

this chapter for any part of the certified 

enrollment period. 

(Authority: 38 U.S.C. 3323(c)) 

(f) Overpayment cases. VA will make 

a charge against entitlement for an 

overpayment only if the overpayment is 

discharged in bankruptcy, is waived and 

not recovered, or is compromised. 

(1) If the overpayment is discharged 

in bankruptcy or is waived and not 

recovered, the charge against 

entitlement will be 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 from the sum paid in 

the compromise offer the amount 

attributable to interest, administrative 

costs of collection, court costs and 

marshal fees; 

(ii) Subtracting the remaining amount 

of the overpayment balances as 

determined in paragraph (f)(3)(i) of this 

section from the amount of the original 

overpayment (exclusive of interest, 

administrative costs of collection, 

course costs and marshal fees); 

(iii) Dividing the result obtained in 

paragraph (f)(3)(ii) of this section from 

the amount of the original overpayment 

(exclusive of interest, administrative 

costs of collection, court costs and 

marshal fees); and 

(iv) Multiplying the percentage 

obtained in paragraph (f)(3)(iii) of this 

section by the amount of entitlement 

otherwise chargeable for the period of 

the original overpayment. 

(Authority: 38 U.S.C. 3034(a), 38 U.S.C. 

3323(a), 3685) 

Transfer of Entitlement to Basic 

Educational Assistance to Dependents 

§ 21.9570 Transfer of entitlement. 

An individual entitled to educational 

assistance under 38 U.S.C. chapter 33 

based on his or her own active duty 

service, and who is approved by a 

service department to transfer 

entitlement, may transfer up to a total of 

36 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 at 

the time of transfer. 

(a) Application of sections in subpart 

P 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 21.9505— 

Definitions. 

(Authority: 38 U.S.C. 3319) 

(2) Claims and applications. Section 

21.9510—Claims, VA’s duty to assist, 

and time limits. 

(Authority: 38 U.S.C. 3319) 

(3) Eligibility. 

(i) Section 21.9530—Eligibility time 

limit, paragraphs (d) and (e) only; and 

(ii) Section 21.9535—Extended period 

of eligibility, except that extensions to 

dependents are subject to the 

transferor’s right to revoke or modify 

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. 3319) 


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(4) Entitlement. 

(i) Section 21.9550—Entitlement; 

(ii) Section 21.9555—Entitlement to 

supplemental educational assistance; 

(iii) Section 21.9560—Entitlement 

charges. 

(Authority: 38 U.S.C. 3319) 

(5) Counseling. 

(i) Section 21.9580—Counseling; 

(ii) Section 21.9585—Travel expenses. 

(Authority: 38 U.S.C. 3319) 

(6) Approved programs of education 

and courses. 

(i) Section 21.9590—Approved 

programs of education and courses; 

(ii) Section 21.9600—Overcharges. 

(Authority: 38 U.S.C. 3319) 

(7) Payments—Educational 

assistance. 

(i) Section 21.9620—Educational 

assistance; 

(ii) Section 21.9625—Beginning dates, 

except for paragraphs (e) and (h); 

(iii) Section 21.9630—Suspension or 

discontinuance of payments; 

(iv) Section 21.9635—Discontinuance 

dates, except for paragraphs (n) and (o); 

(v) Section 21.9640—Rates of 

payment of educational assistance; 

(vi) Section 21.9650—Increase in 

educational assistance; 

(vii) Section 21.9655—Rates of 

supplemental educational assistance; 

(viii) Section 21.9660—Rural 

relocation benefit; 

(ix) Section 21.9665—Reimbursement 

for licensing or certification tests; 

(x) Section 21.9670—Work-study 

allowance; 

(xi) Section 21.9675—Conditions that 

result in reduced rates or no payment; 

(xii) Section 21.9680—Certifications 

and release of payments; 

(xiii) Section 21.9685—Tutorial 

assistance; 

(xiv) Section 21.9690— 

Nonduplication of educational 

assistance; 

(xv) Section 21.9695—Overpayments, 

except that the dependent and transferor 

are jointly and severally liable for any 

amount of overpayment of educational 

assistance to the dependent; and 

(Authority: 38 U.S.C. 3319) 

(xvi) Section 21.9700—Yellow Ribbon 

Program. 

(Authority: 38 U.S.C. 3317) 

(8) Pursuit of courses. 

(i) Section 21.9710—Pursuit; 

(ii) Section 21.9715—Advance 

payment certification; 

(iii) Section 21.9720—Certification of 

enrollment; 

(iv) Section 21.9725—Progress and 

conduct; 

(v) Section 21.9735—Other required 

reports; 

(vi) Section 21.9740—False, late, or 

missing reports; and 

(vii) Section 21.9745—Reporting fee. 

(Authority: 38 U.S.C. 3319) 

(9) Course assessment. Section 

21.9750—Course measurement. 

(Authority: 38 U.S.C. 3319) 

(10) Administrative. Section 

21.9770—Administrative. 

(Authority: 38 U.S.C. 3319) 

(b) Eligible dependents. 

(1) An individual transferring 

entitlement under this section may 

transfer entitlement to: 

(i) The individual’s spouse; 

(ii) One or more of the individual’s 

children; or 

(iii) A combination of the individuals 

referred to in paragraphs (b)(1)(i) and (ii) 

of this section. 

(2) A spouse must meet the definition 

of spouse in § 3.50(a) of this chapter at 

the time of transfer. 

(3) A child must meet the definition 

of child in § 3.57 of this chapter at the 

time of transfer. The transferor must 

make the required designation shown in 

§ 21.9570(d)(1) before the child attains 

the age of 23. 

(4) A stepchild, who meets VA’s 

definition of child in § 3.57 of this 

chapter at the time of transfer and who 

is temporarily not living with the 

transferor, remains a member of the 

transferor’s household if the actions and 

intentions of the stepchild and 

transferor establish that normal family 

ties have been maintained during the 

temporary absence. 

(Authority: 38 U.S.C. 3319) 

(c) Timeframe during which an 

individual may transfer entitlement. An 

individual approved by his or her 

military department to transfer 

entitlement may do so at any time while 

serving as a member of the Armed 

Forces, subject to the transferor’s 15- 

year period of eligibility as provided in 

§ 21.9530. 

(Authority: 38 U.S.C. 3319) 

(d) Designating dependents; 

designating the amount to transfer; and 

period of transfer. 

(1) An individual transferring 

entitlement under this section must: 

(i) Designate the dependent or 

dependents to whom such entitlement 

is being transferred; 

(ii) Designate the number of months of 

entitlement to be transferred to each 

dependent; and 

(iii) Specify the beginning date and 

ending date of the period for which the 

transfer is effective for each dependent. 

(2) VA will accept the transferor’s 

designations as shown on any document 

signed by the transferor that shows the 

information required in paragraphs 

(d)(1)(i) through (d)(1)(iii) of this 

section. 

(Authority: 38 U.S.C. 3319) 

(e) Maximum months of entitlement 

transferable. 

(1) The maximum amount of 

entitlement a transferor may transfer is 

the lesser of: 

(i) Thirty-six months of his or her 

entitlement; or 

(ii) The maximum amount authorized 

by the Secretary of the military 

department concerned; or 

(iii) The amount of entitlement he or 

she has available at the time of transfer. 

(2) The transferor may transfer up to 

the maximum amount of transferable 

entitlement: 

(i) To one dependent; or 

(ii) Divided among his or her 

designated dependents in any manner 

he or she chooses. 

(Authority: 38 U.S.C. 3319) 

(f) Revocation of transferred 

entitlement. 

(1) A transferor may revoke any 

unused portion of transferred 

entitlement at any time by submitting a 

written notice to both the Secretary of 

Veterans Affairs and the Secretary of the 

military department concerned that 

initially approved the transfer of 

entitlement. VA will accept a copy of 

the written notice addressed to the 

military department as sufficient written 

notification to VA. 

(2) The revocation will be effective 

the later of— 

(i) The date VA receives the notice of 

revocation; or 

(ii) The date the military department 

concerned receives the notice of 

revocation. 

(Authority: 38 U.S.C. 3319) 

(g) Modifying a transfer of 

entitlement. 

(1) A transferor may modify the 

designations he or she made under 

paragraph (d) of this section at any time. 

Any modification made will apply only 

with respect to unused transferred 

entitlement. The transferor must submit 

a written notice to both the Secretary of 

Veterans Affairs and the Secretary of the 

military department concerned that 

initially approved the transfer of 

entitlement. VA will accept a copy of 

the written notice addressed to the 

military department as sufficient written 

notification to VA. 

(2) The modification will be effective 

the later of— 


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(i) The date VA receives the notice of 

modification; or 

(ii) The date the military department 

concerned receives the notice of 

modification. 

(Authority: 38 U.S.C. 3319) 

(h) Prohibition on treatment of 

transferred entitlement as marital 

property. Entitlement transferred under 

this section may not be treated as 

marital property, or the asset of a 

marital estate, subject to division in a 

divorce or other civil proceeding. 

(Authority: 38 U.S.C. 3319) 

(i) Entitlement charge to transferor. 

VA will reduce the transferor’s 

entitlement at the rate of 1 month of 

entitlement for each month of 

transferred entitlement used by a 

dependent or dependents. 

(Authority: 38 U.S.C. 3319) 

(j) Secondary school diploma (or 

equivalency certificate). Children who 

have reached age 18 and spouses may 

use transferred entitlement to pursue 

and complete the requirements of a 

secondary school diploma (or 

equivalency certificate). 

(Authority: 38 U.S.C. 3319) 

(k) Rate of payment of educational 

assistance. VA will apply the rules in 

§ 21.9640 (and §§ 21.9650 and 21.9655 

when applicable) to determine the 

educational assistance rate that would 

apply to the transferor. VA will pay the 

dependent and/or the dependent’s 

institution of higher learning (or school, 

educational institution, or institution as 

defined in § 21.4200(a) if the dependent 

is using transferred entitlement to 

pursue and complete the requirements 

of a secondary school diploma or 

equivalency certificate) the amounts of 

educational assistance payable under 38 

U.S.C. chapter 33 in the same manner 

and at the same rate as if the transferor 

were enrolled in the dependent’s 

program of education, except that VA 

will— 

(1) Disregard the fact that either the 

transferor or the dependent child is (or 

both are) on active duty, and pay the 

veteran rate to a dependent child; 

(2) Pay the veteran rate to a surviving 

spouse; and 

(3) Proportionally adjust the payment 

amounts, other than the book stipend, a 

dependent would otherwise receive 

under § 21.9640 if the dependent’s 

months of entitlement will exhaust 

during the certified enrollment period, 

by— 

(i) Determining the amount of 

established charges the dependent 

would otherwise be eligible to receive 

for the entire enrollment period, then 

dividing this amount by the number of 

days in the dependent’s quarter, 

semester, or term, as applicable, to 

determine the dependent’s daily rate, 

then determining the actual amount of 

established charges to be paid by 

multiplying the dependent’s daily rate 

by his or her remaining months and 

days of entitlement to educational 

assistance as provided under § 21.9570; 

and 

(ii) Discontinuing the dependent’s 

monthly housing allowance effective as 

of the date the dependent’s months and 

days of entitlement exhausts. 

(Authority: 38 U.S.C. 3319) 

(l) Transferor fails to complete 

required service contract that afforded 

participation in the transferability 

program. 

(1) Dependents are not eligible for 

transferred entitlement if the transferor 

fails to complete the amount of service 

he or she agreed to serve in the Armed 

Forces in order to participate in the 

transferability program, unless— 

(i) The transferor did not complete the 

service due to: 

(A) His or her death; 

(B) A medical condition that 

preexisted such service on active duty 

and that the Secretary of the military 

department concerned determines is not 

service-connected; 

(C) A hardship, as determined by the 

Secretary of the military concerned; or 

(D) A physical or mental condition 

that was not characterized as a disability 

and did not result from the individual’s 

own willful misconduct but interfered 

with the individual’s performance of 

duty, as determined by the Secretary of 

the military department concerned; or 

(ii) The transferor is considered to 

have completed his or her service 

agreement as a result of being 

discharged for— 

(A) A disability; or 

(B) A reduction in force. 

(2) VA will treat all payments of 

educational assistance to dependents as 

overpayments if the transferor does not 

complete the required service unless the 

transferor does not complete the 

required service due to one of the 

reasons stated in paragraph (l)(1)(i) of 

this section or the transferor was not 

discharged for one of the reasons stated 

in paragraph (l)(1)(ii) of this section. 

(Authority: 38 U.S.C. 3034(a), 3311(c)(4), 

3319) 

(m) Dependent is eligible for 

educational assistance under this 

section and is eligible for educational 

assistance under 38 U.S.C. chapter 33 

based on his or her own service. 

Dependents who are eligible for 

payment of educational assistance 

through transferred entitlement and are 

eligible for payment under 38 U.S.C. 

chapter 33 based on their own active 

service: 

(1) May receive educational assistance 

payable under this section and 

educational assistance payable based on 

their own active duty service for the 

same course; and 

(2) Are not subject to the 48 months 

limit on training provided for in 

§ 21.4020 when combining transferred 

entitlement with their own entitlement 

earned under 38 U.S.C. chapter 33 as 

long as the only educational assistance 

paid is under 38 U.S.C. chapter 33. If 

the dependent is awarded educational 

assistance under another program listed 

in § 21.4020 (other than 38 U.S.C. 

chapter 33), the 48 months limit on 

training will apply. 

(Authority: 38 U.S.C. 3034(a), 3319, 3322, 

3323(a), 3695) 

Counseling 

§ 21.9580 Counseling. 

An individual may receive counseling 

from VA before beginning training and 

during training. VA will apply the 

provisions of § 21.7100 to beneficiaries 

under 38 U.S.C. chapter 33 in the same 

manner as they are applied to 

individuals under 38 U.S.C. chapter 30. 

(Authority: 38 U.S.C. 3034(a), 3323(a), 

3697A) 

§ 21.9585 Travel expenses. 

VA will not pay for any costs of travel 

to and from the place of counseling 

regardless of whether the individual 

requests educational and vocational 

counseling or whether the counseling is 

required. 

(Authority: 38 U.S.C. 111, 3323(c)) 

Approved Programs of Education and 

Courses 

§ 21.9590 Approved programs of 

education and courses. 

(a) Payments of educational assistance 

are based on pursuit of a program of 

education. In order to receive 

educational assistance under 38 U.S.C. 

chapter 33, an eligible individual 

must— 

(1) Be pursuing an approved program 

of education; 

(2) Be pursuing refresher, remedial, or 

deficiency courses as these courses are 

defined in § 21.7020(b); 

(3) Be pursuing other preparatory or 

special education or training courses 

necessary to enable the individual to 

pursue an approved program of 

education; 


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(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 educational 

assistance for the amount of established 

charges not covered by military tuition 

assistance. 

(Authority: 38 U.S.C. 3313, 3323(a), 3689) 

(b) Approval of the selected program 

of education. Subject to paragraph (a), 

VA will approve a program of education 

under 38 U.S.C. chapter 33 selected by 

the individual if: 

(1) The program meets the definition 

of a program of education in § 21.9505; 

(2) Except for a program consisting of 

a licensing or certification test, the 

program has an educational, vocational, 

or professional 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 individual maintain 

employment in a vocation or profession, 

the individual is not already qualified 

for the objective of the program. 

(Authority: 38 U.S.C. 3034(a), 3323(a), 3471, 

3689) 

(c) Change of program. In determining 

whether an individual may change his 

or her selected program of education, 

VA will apply the provisions of 

§ 21.4234. 

(d) Programs not authorized under 38 

U.S.C. chapter 33. If an individual 

elected to receive benefits under 38 

U.S.C. chapter 33 by relinquishing 

eligibility under 38 U.S.C. chapter 30, or 

10 U.S.C. chapter 1606 or 1607, and the 

eligible individual requests educational 

assistance for a program of education 

that is not authorized to be available to 

the individual under the provisions of 

38 U.S.C. chapter 33, but is available 

under the chapter the individual 

relinquished, VA will provide 

educational assistance at the rate 

payable under the provisions of the 

relinquished chapter to the eligible 

individual for pursuit of any program of 

education that meets the approval 

criteria under— 

(1) 38 U.S.C. chapter 30, if the 

individual was eligible under that 

chapter; 

(2) 10 U.S.C. chapter 1606, if the 

individual was eligible under that 

chapter; or 

(3) 10 U.S.C. chapter 1607, if the 

individual was eligible under that 

chapter. 

(Authority: Pub. L. 110–252, 122 Stat. 2377) 

§ 21.9600 Overcharges. 

(a) Overcharges by educational 

institutions may result in the 

disapproval of enrollments. VA may 

disapprove an institution of higher 

learning for further enrollments if the 

institution of higher learning charges an 

individual, or receives from an 

individual, an amount for tuition and 

fees that exceeds the established charges 

that the institution of higher learning 

requires from similarly circumstanced 

individuals enrolled in the same course. 

(Authority: 38 U.S.C. 3034(a), 3323(a), 

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 an 

individual, or receives from an 

individual, an amount for fees that 

exceeds the established fees that the 

organization or entity requires from 

similarly circumstanced individuals 

taking the same test. 

(Authority: 38 U.S.C. 3034(a), 3323(a), 

3689(d), 3690(a)) 

Payments—Educational Assistance 

§ 21.9620 Educational assistance. 

VA will pay educational assistance for 

an eligible individual’s pursuit of an 

approved program of education. The 

eligible individual and/or the 

individual’s educational institution will 

receive payment amounts in accordance 

with the formulas listed in § 21.9640. 

The maximum amounts of tuition and 

fees payable for the upcoming academic 

year under 38 U.S.C. chapter 33 will be 

published in the ‘‘Notices’’ section of 

the Federal Register by the first of 

August of each calendar year. The 

maximum amounts payable may also be 

obtained by visiting the GI Bill Web site 

at http://www.gibill.va.gov or by calling 

VA’s customer service department tollfree at 1–888–442–4551. The maximum 

amounts payable, as published, will be 

effective for each term, quarter, or 

semester that begins during the 

academic year. 

(Authority: 38 U.S.C. 3313, 3314, 3315, 3316, 

3317) 

§ 21.9625 Beginning dates. 

VA will determine the beginning date 

of an award or increased award of 

educational assistance under this 

section, but in no case will the 

beginning date be earlier than August 1, 

2009. When more than one paragraph in 

this section applies, VA will award 

educational assistance using the latest of 

the applicable beginning dates. 

(Authority: 38 U.S.C. 3313, 3316, 3323(a), 

5110, 5111, 5113) 

(a) Entrance or reentrance including 

change of program or institution of 

higher learning. When an eligible 

individual enters or reenters into 

training (including a reentrance 

following a change of program or 

institution of higher learning), the 

beginning date of his or her award of 

educational assistance will be 

determined as follows: 

(1) For other than a licensing or 

certification test. (i) If the award is an 

award for the first period of enrollment 

for which the eligible individual began 

pursuing his or her program of 

education, the beginning date will be 

the latest of— 

(A) The date the institution of higher 

learning 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 program of education; or 

(D) One year before the date VA 

receives approval notice for the program 

of education. 

(ii) If the award is an award for a 

second or subsequent period of 

enrollment for which the eligible 

individual is pursuing a program of 

education, the effective date of the 

award will be the latest of— 

(A) The date the institution of higher 

learning certifies under paragraph (b) or 

(c) of this section; 

(B) The effective date of the approval 

of the program of education; or 

(C) One year before the date VA 

receives the approval notice for the 

program of education. 

(Authority: 38 U.S.C. 3034(a), 3313, 3316, 

3323(a), 3672, 5103) 

(2) For a licensing or certification test. 

VA will award educational assistance 

for the cost of a licensing or certification 

test only when the eligible individual 

takes such test on or after August 1, 

2009— 

(i) While the test is approved under 

38 U.S.C. chapter 36; 

(ii) While the individual 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. 3034(a), 3315, 3323(a), 

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(b) Certification for program of 

education that leads to a standard 

college degree. (1) When the individual 

enrolls in a course offered by 

independent study or distance learning, 

the beginning date of the award or 

increased award of educational 

assistance will be the date the eligible 

individual begins pursuit of the course 

according to the regularly established 

practices of the institution of higher 

learning. 

(2) When the individual enrolls in a 

resident course, the beginning 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 

eligible individual is enrolled, except as 

provided in paragraphs (b)(3), (b)(4), 

and (b)(5) of this section. 

(3) When the individual enrolls in a 

resident course whose first scheduled 

class begins after the calendar week 

when, according to the school’s 

academic calendar, classes are 

scheduled to begin for the term, quarter, 

or semester, the beginning 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. 

(4) When the individual enrolls in a 

resident course, the beginning date of 

the award will be the date of reporting 

provided that— 

(i) The published standards of the 

school require the eligible individual to 

register before reporting; and 

(ii) The published standards of the 

school require the eligible individual to 

report no more than 14 days before the 

first scheduled date of classes for the 

term, quarter, or semester for which the 

eligible individual has registered. 

(5) When the eligible individual 

enrolls in a resident course and the first 

day of classes is more than 14 days after 

the date of registration, the beginning 

date of the award or increased award of 

educational assistance will be the first 

day of classes. 

(Authority: 38 U.S.C. 3313, 3316, 3323) 

(c) Certification for program of 

education that does not lead to a 

standard college degree. (1) When an 

eligible individual enrolls at an 

institution of higher learning for a 

program of education that is offered in 

residence but that does not lead to a 

standard college degree, the beginning 

date of the award of educational 

assistance will be as stated in paragraph 

(b) of this section. 

(Authority: 38 U.S.C. 3313(b), 3323) 

(2) When an eligible individual 

enrolls at an institution of higher 

learning for a program of education that 

is offered by correspondence, the 

beginning date of the award of 

educational assistance will be the later 

of— 

(i) The date the first lesson was sent, 

or 

(ii) The date of affirmance (as defined 

in § 21.7020(b)(36)). 

(Authority: 38 U.S.C. 3313, 3316, 3323) 

(d) Liberalizing laws and VA issues. 

When a liberalizing law or VA issue 

affects the beginning date of an eligible 

individual’s award of educational 

assistance, the beginning date will be 

adjusted in accordance with the facts 

found, but not earlier than the effective 

date of the act or administrative issue. 

(Authority: 38 U.S.C. 3323(c), 5113) 

(e) Correction of military records. As 

determined in § 21.9530, 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 

beginning date of the veteran’s 

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.3323(c)) 

(f) Individuals in a penal institution. 

If an eligible individual is not receiving, 

or is receiving a reduced rate, of 

educational assistance under § 21.9675 

(based on incarceration in a Federal, 

State, local, or other penal institution or 

correctional facility due to a felony 

conviction), the rate will be increased or 

assistance will begin effective the earlier 

of the following: 

(1) The date the tuition and fees are 

no longer being paid under a Federal 

(other than one administered by VA), 

State, or local program; or 

(2) The date the individual is released 

from the penal institution or 

correctional facility. 

(Authority: 38 U.S.C. 3034(a), 3323(a), 

3482(g)) 

(g) Increase (‘‘kicker’’) based on 

critical skills or specialty. If an eligible 

individual is entitled to an increase 

(‘‘kicker’’) in the monthly rate of 

educational assistance under 38 U.S.C. 

3316, the effective date of that increase 

(’kicker’’) will be the later of— 

(1) The beginning date of an eligible 

individual’s award as determined by 

paragraphs (a) through (e) of this 

section; or 

(2) The first date on which the eligible 

individual is entitled to the increase 

(‘‘kicker’’) as determined by the 

Secretary of the military department 

concerned. 

(Authority: 10 U.S.C. 16131(i); 38 U.S.C. 

3015(d), 3316(a)) 

(h) Increase in percentage of 

maximum amount payable based on 

length of active duty service 

requirements. If an eligible individual is 

entitled to an increase in the percentage 

of the maximum amount of educational 

assistance payable as a result of meeting 

additional length of active duty service 

requirements, the effective date of that 

increase will be the later of— 

(1) The beginning date of the eligible 

individual’s award as determined by 

paragraphs (a) through (e) of this 

section; or 

(2) The first day of the term, quarter, 

or semester following the term, quarter, 

or semester in which the eligible 

individual becomes entitled to an 

increase in the percentage of the 

maximum amount payable. 

(Authority: 38 U.S.C. 3311, 3313) 

(i) Spouse eligible for transferred 

entitlement. If a spouse is eligible for 

transferred entitlement under § 21.9570, 

the beginning 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 

military 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. 3319) 

(j) Child eligible for transferred 

entitlement. If a child is eligible for 

transferred entitlement under § 21.9570, 

the beginning 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 § 3.57 of this 

chapter; or 

(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. 3319) 

(k) Change in active duty status. If an 

individual is released or discharged 

from active duty during a certified 


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period of enrollment, VA will begin 

paying— 

(1) Tuition and fees using the 

provisions of § 21.9640(b) or (c), 

whichever is applicable, effective the 

first day of the enrollment period 

following the enrollment period during 

which the individual was discharged; 

(2) The monthly housing allowance 

beginning the 1st day of the month 

following the date the individual was 

discharged; and 

(3) The book stipend beginning the 

first day of the enrollment period 

following the enrollment period during 

which the individual was discharged. 

(l) Election to receive benefits under 

38 U.S.C. chapter 33. If an individual 

makes an election to receive benefits 

under 38 U.S.C. chapter 33 in lieu of 

benefits under 10 U.S.C. chapter 106a, 

1606, or 1607, or 38 U.S.C. chapter 30 

in accordance with 38 CFR 21.9520(c), 

VA will begin paying benefits under 38 

U.S.C. chapter 33 effective the later of 

the following— 

(1) August 1, 2009; 

(2) The date the individual became 

eligible for educational assistance under 

38 U.S.C. chapter 33; 

(3) One year before the date the valid 

election request was received; or 

(4) The effective date of the election 

as requested by the claimant. 

§ 21.9630 Suspension or discontinuance 

of payments. 

VA may suspend or discontinue 

payment of educational assistance in 

accordance with §§ 21.4210 through 

21.4216. 

(Authority: 38 U.S.C. 3034(a), 3323(a), 3690) 

§ 21.9635 Discontinuance dates. 

The effective date of a reduction or 

discontinuance of educational 

assistance will be as stated in this 

section. If more than one type of 

reduction or discontinuance is involved, 

VA will reduce or discontinue 

educational assistance using the earliest 

of the applicable dates. 

(a) Death of eligible individual. (1) If 

the eligible individual receives a lump 

sum payment under § 21.9640(b)(1)(iii), 

(b)(2)(iii), (c)(1)(ii), or (c)(2)(ii) and dies 

before the end of the period covered by 

the lump sum payment, the 

discontinuance date of educational 

assistance for the purpose of that lump 

sum payment will be the last date of the 

period covered by the lump sum 

payment. 

(2) If the institution of higher learning 

receives a lump sum payment for 

established charges on behalf of an 

eligible individual and the individual 

dies before the end of the period 

covered by the lump sum payment, the 

discontinuance date for the purpose of 

that lump sum payment will be the last 

date of the period covered by the lump 

sum payment. The institution of higher 

learning will be required to return to VA 

any portion of the established charges 

paid by VA that would normally be 

refunded to a similarly circumstanced 

individual according to the regularly 

established practices of the institution 

of higher learning. 

(3) If the eligible individual receives 

an advance payment of the monthly 

housing allowance pursuant to 

§ 21.9680(b)(2) 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. 

(4) For all other payments, if the 

eligible individual dies while pursuing 

a program of education, the 

discontinuance date of educational 

assistance will be the end of the month 

during which the individual last 

attended. 

(Authority: 38 U.S.C. 3034(a), 3323(a), 

3680(d), 3680(e)) 

(b) First instance of withdrawal of 

course. In the first instance of a 

withdrawal from a course or courses for 

which the eligible individual received 

educational assistance, VA will consider 

mitigating circumstances to exist with 

respect to the withdrawal of a course or 

courses totaling no more than six 

semester hours or the equivalent. In 

determining whether a withdrawal is 

the first instance of withdrawal, VA will 

not consider a course or courses 

dropped during an institution of higher 

learning’s drop-add period in 

accordance with § 21.4200(l). If 

mitigating circumstances are considered 

to exist in accordance with this 

paragraph, VA will terminate or reduce 

educational assistance effective the end 

of the month during which the 

withdrawal occurred. 

(Authority: 38 U.S.C. 3034(a), 3323(a), 

3680(a)(1)) 

(c) Withdrawal or unsatisfactory 

completion of all courses. (1) If the 

eligible individual, for reasons other 

than being called or ordered to active 

duty service, withdraws from all courses 

or receives all nonpunitive grades and, 

in either case, there are no mitigating 

circumstances, VA will terminate 

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. 

(2) If the eligible individual 

withdraws from all courses with 

mitigating circumstances or withdraws 

from all courses for which a punitive 

grade is or will be assigned, VA will 

terminate educational assistance for— 

(i) Residence training effective the last 

date of attendance; and 

(ii) Independent study or distance 

learning effective on the official date of 

change in status under the practices of 

the institution of higher learning. 

(3) When an eligible individual 

withdraws from an approved 

correspondence course offered by an 

institution of higher learning, VA will 

terminate educational assistance 

effective the date the last lesson was 

serviced. 

(Authority: 38 U.S.C. 3323, 3680(a)) 

(d) Reduction in the rate of pursuit of 

a program of education. If the eligible 

individual reduces the rate of pursuit by 

withdrawing from one or more courses 

in a program of education but continues 

training in one or more courses, VA will 

apply the provisions of this paragraph. 

(1) If the reduction in the rate of 

pursuit occurs other than on the first 

date of the term, VA will reduce the 

eligible individual’s educational 

assistance effective the end of the month 

during which the reduction occurred 

when the circumstances in either 

paragraphs (d)(1)(i) or (d)(1)(ii) apply— 

(i) A nonpunitive grade is assigned for 

the course from which the eligible 

individual withdraws and the 

withdrawal occurs with mitigating 

circumstances. 

(ii) A punitive grade is assigned for 

the course from which the eligible 

individual 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) A nonpunitive grade is assigned 

for the course from which the eligible 

individual withdraws, and— 

(A) The eligible individual does not 

withdraw because he or she is called to 

active duty service, or in the case of an 

individual serving on active duty, he or 

she is not ordered to a new duty 

location or assignment, or is not ordered 

to perform an increased amount of 

work, and 

(B) The withdrawal occurs without 

mitigating circumstances. 

(3) An eligible individual enrolled in 

several courses within a program of 

education, who reduces his or her rate 

of pursuit by completing one or more of 

the courses while continuing training in 

others, may receive an interval payment 

based on the total number of enrolled 

courses he or she completed if the 


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requirements of § 21.9680(b)(5) are met. 

If those requirements are not met, VA 

will reduce the eligible individual’s 

educational assistance effective the end 

of the month during which the 

individual completed each course (or 

courses). 

(Authority: 38 U.S.C. 3034(a), 3323(a), 

3680(a)) 

(e) End of course or period of 

enrollment. If an eligible individual’s 

course or period of enrollment ends, the 

effective date of reduction or 

discontinuance of the individual’s 

award of educational assistance will be 

the ending date of the course or period 

of enrollment as certified by the 

institution of higher learning. 

(Authority: 38 U.S.C. 3034(a), 3323(a), 

3680(a)) 

(f) Nonpunitive grade. (1) If an eligible 

individual does not officially withdraw 

from a particular course and the 

individual receives a nonpunitive grade 

for that course, VA will reduce the 

individual’s educational assistance 

effective the first date of enrollment for 

the term in which the grade applies 

unless mitigating circumstances are 

found. 

(2) If an eligible individual does not 

officially withdraw from a particular 

course and the individual receives a 

nonpunitive grade for that course, VA 

will reduce the individual’s educational 

assistance effective the end of the month 

during which the student last attended 

when mitigating circumstances are 

found. 

(3) If an eligible individual receives 

an incomplete grade for a course or 

courses, VA will delay creating an 

overpayment for such course or courses 

to allow the individual an opportunity 

to complete the course or courses. 

However, if the incomplete grade is not 

replaced with a punitive grade, VA will 

reduce the individual’s educational 

assistance in accordance with paragraph 

(f)(1) or (2) of this section effective the 

earliest of— 

(i) The last date permitted by the IHL 

to complete the course; 

(ii) The date the IHL permanently 

assigns a nonpunitive grade; 

(iii) One year from the date the 

incomplete grade was assigned. 

(Authority: 38 U.S.C. 3034(a), 3323(a), 3680) 

(g) Discontinued by VA. If VA 

discontinues payment to an eligible 

individual following procedures stated 

in § 21.4210(d) and (g), the 

discontinuance date of payment of 

educational assistance will be— 

(1) The date the Director of the VA 

Regional Processing Office of 

jurisdiction first suspended payments 

provided in § 21.4210, if the 

discontinuance was preceded by 

suspension; or 

(2) The end of the month during 

which VA made the decision to 

discontinue payments under § 21.9630 

or § 21.4210(d) and (g), if the Director of 

the VA Regional Processing Office of 

jurisdiction did not suspend payments 

before the discontinuance. 

(Authority: 38 U.S.C. 3034(a), 3323(a), 3690) 

(h) Disapproved by State approving 

agency. If a State approving agency 

disapproves a program of education in 

which an eligible individual is enrolled, 

the discontinuance date of payment of 

educational assistance will be— 

(1) The date the Director of the VA 

Regional Processing Office of 

jurisdiction first suspended payments 

provided in § 21.4210 if disapproval 

was preceded by such a suspension; or 

(2) The end of the month in which the 

disapproval is effective or VA receives 

notice of the disapproval, whichever is 

later, provided the Director of the VA 

Regional Processing Office of 

jurisdiction did not suspend payments 

before the disapproval. 

(Authority: 38 U.S.C. 3034(a), 3323(a), 

3672(a), 3690) 

(i) Disapproval by VA. If VA 

disapproves a program of education in 

which an eligible individual is enrolled, 

the discontinuance date of educational 

assistance will be— 

(1) The date the Director of the VA 

Regional Processing Office of 

jurisdiction first suspended payments, 

as provided in § 21.4210, if such 

suspension preceded the disapproval; or 

(2) The end of the month in which the 

disapproval occurred, provided that the 

Director of the VA Regional Processing 

Office of jurisdiction did not suspend 

payments before the disapproval. 

(Authority: 38 U.S.C. 3034(a), 3323(a), 

3671(b), 3672(a), 3690) 

(j) Unsatisfactory progress. If an 

eligible individual’s progress is 

unsatisfactory, his or her educational 

assistance will be discontinued effective 

the earlier of the following: 

(1) The end of the month during 

which the institution of higher learning 

discontinues the eligible individual’s 

enrollment; or 

(2) The end of the month during 

which the eligible individual’s progress 

becomes unsatisfactory according to the 

institution of higher learning’s regularly 

established standards of progress, 

conduct, or attendance. 

(Authority: 38 U.S.C. 3034(a), 3323(a), 3474) 

(k) False or misleading statements. 

Payments may not be based on false or 

misleading statements, claims, or 

reports. If educational assistance is paid 

as the result of an individual submitting 

false or misleading statements, claims, 

or reports, VA will apply the provisions 

of § 21.4006 and 21.4007 in the same 

manner as they apply to veterans under 

38 U.S.C. chapter 30. 

(Authority: 38 U.S.C 3034(a), 3323(a), 3690) 

(l) Conflicting interests (not waived). If 

a conflict of interest exists between an 

officer or employee of VA and an 

institution of higher learning, or an 

officer or employee of a State approving 

agency and an institution of higher 

learning, as provided in § 21.4005, and 

VA does not grant a waiver, the 

discontinuance date of educational 

assistance will be 30 days after the date 

of the letter notifying the eligible 

individual of the conflicting interests. 

(Authority: 38 U.S.C. 3034(a), 3323(a), 3683) 

(m) Incarceration in prison or other 

penal institution due to conviction of a 

felony. 

(1) The provisions of this paragraph 

apply to an eligible individual whose 

educational assistance must be 

discontinued or who becomes restricted 

to payment of educational assistance at 

a reduced rate under § 21.9675(c) (based 

on incarceration in a Federal, State, 

local, or other penal institution or 

correctional facility due to a felony 

conviction). 

(2) The reduced rate or 

discontinuance will be effective the 

latest of the following— 

(i) The first day of the enrollment 

period for which all or part of the 

eligible individual’s tuition and fees 

were paid by a Federal (other than one 

administered by VA), State, or local 

program; 

(ii) The first day of the enrollment 

period in which the eligible individual 

is incarcerated in a Federal, State, local, 

or other penal institution or correctional 

facility; or 

(iii) The beginning date of the award 

as determined by § 21.9625. 

(Authority: 38 U.S.C. 3034(a), 3323(a), 

3482(g)) 

(n) Reduction or termination due to 

active duty status. (1) The 

discontinuance date for an eligible 

individual who reduces or terminates 

training as a result of being called or 

ordered to serve on active duty under 

section 688, 12301(a), 12301(d), 

12301(g), 12302, or 12304 of title 10, 

U.S.C., or in the case of an individual 

serving on active duty, being ordered to 

a new duty location or assignment or to 

perform an increased amount of work 

is— 


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(i) For established charges, the last 

date of the certified enrollment period, 

(ii) For the monthly housing 

allowance, the end of the month during 

which the reduction or withdrawal 

occurred, and 

(iii) For the ‘‘book stipend’’, the last 

date of the period covered by the book 

stipend payment. 

(2) This reduction does not apply to 

brief periods of active duty for training 

if the institution of higher learning 

permits absence for active duty for 

training without considering the 

individual’s pursuit of a program of 

education to be interrupted. 

(Authority: 38 U.S.C. 3313(e)) 

(o) Exhaustion of entitlement. (1) If an 

individual enrolled in an institution of 

higher learning that regularly operates 

on the quarter or semester system 

exhausts his or her entitlement under 38 

U.S.C. chapter 33, the effective 

discontinuance date will be the last day 

of the quarter or semester in which the 

entitlement is exhausted. 

(2) If an individual enrolled in an 

institution of higher learning that does 

not regularly operate on the quarter or 

semester system exhausts his or her 

entitlement under 38 U.S.C. chapter 33 

after the individual has completed more 

than half of the course, the ending date 

will 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 enrolled in an 

institution of higher learning that does 

not regularly operate on the quarter or 

semester system exhausts his or her 

entitlement under 38 U.S.C. chapter 33 

before the individual has completed 

more than half of the course, the 

effective ending date will be the date the 

entitlement was exhausted. 

(Authority: 38 U.S.C. 3031(f), 3312, 3321) 

(p) End of period of eligibility. If an 

eligible individual is enrolled in an 

institution of higher learning on the date 

of expiration of his or her period of 

eligibility as determined under 

§ 21.9530, the effective ending date will 

be the day preceding the end of the 

period of eligibility. 

(Authority: 38 U.S.C. 3321) 

(q) Required verifications not received 

after certification of enrollment. (1) If 

VA does not receive the required 

verification of attendance in a timely 

manner for an eligible individual 

enrolled in a course or courses at an 

institution of higher learning in a 

program of education not leading to a 

standard college degree, VA will 

terminate payments effective the last 

date of the last period for which 

verification of the eligible individual’s 

attendance was received. If VA later 

receives the verification, VA will make 

any adjustment on the basis of the facts 

found. 

(2) If VA does not receive verification 

of enrollment within 60 days of the first 

day of the term, quarter, semester, or 

course for which the advance payment 

was made, VA will determine the actual 

facts and make an adjustment, if 

required. If the eligible individual failed 

to enroll, VA will terminate the award 

of educational assistance effective the 

beginning date of the enrollment period. 

(Authority: 38 U.S.C. 3034(a), 3323(a), 3680) 

(r) Administrative or payee error. (1) 

When an administrative error or error in 

judgment by VA, the Department of 

Defense, or the Department of 

Homeland Security with respect to the 

Coast Guard when it is not operating as 

a service in the Navy, is the sole cause 

of an erroneous award, the award will 

be reduced or terminated effective the 

date of last payment. 

(2) When a payee receives an 

erroneous award of educational 

assistance as the result of providing 

false information or withholding 

information necessary to determine 

eligibility to the award, 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. The date of the reduction or 

discontinuance will not be before the 

last date on which the individual was 

entitled to payment of educational 

assistance. 

(Authority: 38 U.S.C. 3323(c), 5112(b), 5113) 

(s) Forfeiture for fraud. If an eligible 

individual must forfeit his or her 

educational assistance due to fraud, the 

ending date of payment of educational 

assistance will 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. 3323(c), 5112, 6103) 

(t) Forfeiture for treasonable acts or 

subversive activities. If an eligible 

individual must forfeit his or her 

educational assistance due to 

treasonable acts or subversive activities, 

the ending date of payment of 

educational assistance will be the later 

of— 

(1) The effective date of the award; or 

(2) The day before the date the 

individual committed the treasonable 

act or subversive activities for which the 

individual was convicted. 

(Authority: 38 U.S.C. 3323(c), 6104, 6105) 

(u) Change in law or VA issue or 

interpretation. If there is a change in the 

applicable law or VA issue, or in VA’s 

application of the law or issue, VA will 

use the provisions of § 3.114(b) of this 

chapter to determine the ending date of 

the eligible individual’s educational 

assistance. 

(Authority: 38 U.S.C. 3323(c), 5112, 5113) 

(v) Reduction following the loss of 

increase (‘‘kicker’’) for Selected Reserve 

service. If an eligible individual is 

entitled to an increase (‘‘kicker’’) in the 

monthly rate of educational assistance 

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 that the 

Secretary of the military department 

concerned determines that the eligible 

individual is no longer eligible to the 

increase (‘‘kicker’’). 

(Authority: 10 U.S.C. 16131; 38 U.S.C. 

3316(a)) 

(w) Receipt of educational assistance 

allowance under another educational 

assistance program. An individual in 

receipt of educational assistance under 

this chapter who is also eligible for 

educational assistance under 10 U.S.C. 

chapter 106a, 1606, or 1607, or under 38 

U.S.C. chapter 30, 31, 32, or 35, or the 

Hostage Relief Act of 1980, may choose 

to receive educational assistance under 

another program. VA will terminate 

educational assistance under 38 U.S.C. 

chapter 33 effective the first day of the 

enrollment period during which the 

individual requested to receive 

educational assistance under 10 U.S.C. 

chapter 106a, 1606, or 1607, or under 38 

U.S.C. chapter 30, 31, 32, or 35, or the 

Hostage Relief Act of 1980. 

(Authority: 38 U.S.C. 3322(a)) 

(x) Independent study course loses 

accreditation. If the eligible individual 

is enrolled in a course offered in whole 

or in part by independent study, and the 

course loses its accreditation (or the 

institution of higher learning 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. 3034(a), 3323(a), 3676, 

3680A(a)) 

(y) Dependent exhausts transferred 

entitlement. The ending 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. 3319) 

(z) Transferor revokes transfer of 

entitlement. If the transferor revokes a 


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transfer of unused entitlement, the date 

of discontinuance for the dependent’s 

entitlement is the effective date of the 

revocation of transfer as determined 

under § 21.9570. 

(Authority: 38 U.S.C. 3319) 

(aa) 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 of 

educational assistance; and 

(2) The military department 

discharges the transferor for a reason 

other than one of the reasons stated in 

§ 21.9570. 

(Authority: 38 U.S.C. 3319) 

(bb) Other reasons for discontinuance. 

If an eligible individual’s educational 

assistance must be discontinued for any 

reason other than those stated in 

paragraphs (a) through (aa) of this 

section, VA will determine the ending 

date of educational assistance based on 

the facts found. 

(Authority: 38 U.S.C. 3323(c), 5112(a), 5113) 

§ 21.9640 Rates of payment of educational 

assistance. 

VA will determine the amount of 

educational assistance payable under 38 

U.S.C. chapter 33 as provided in this 

section. 

(a) Percentage of maximum amounts 

payable. Except as provided in 

paragraph (d) of this section, VA will 

apply the applicable percentage of the 

maximum amounts payable under this 

section for pursuit of an approved 

program of education, in accordance 

with the following table— 

Aggregate length of creditable active duty service after 09/10/01 

Percentage 

of maximum 

amounts 

payable 

At least 36 months 1 ................................................................................................................................................................................ 100 

At least 30 continuous days (Must be discharged due to service-connected disability) ........................................................................ 100 

At least 30 months, but less than 36 months 1 ....................................................................................................................................... 90 

At least 24 months, but less than 30 months 1 ....................................................................................................................................... 80 3

At least 18 months, but less than 24 months 2 ....................................................................................................................................... 70 3

At least 12 months, but less than 18 months 2 ....................................................................................................................................... 60 

At least 6 months, but less than 12 months 2 ......................................................................................................................................... 50 

At least 90 days, but less than 6 months 2 ............................................................................................................................................. 40 

1 Includes entry level and skill training. 

2Excludes entry level and skill training. 

3 If the service requirements are met at both the 80 and 70 percentage level, the maximum percentage of 70 must be applied to amounts 

payable. 

(Authority: 38 U.S.C. 3311, 3313) 

(b) Maximum amounts payable for 

training at more than one-half time. An 

individual, other than one on active 

duty, who is pursuing a program of 

education at more than one-half time (at 

a rate of pursuit greater than 50 percent) 

and who— 

(1) Is enrolled at an institution of 

higher learning located in the United 

States, or at a branch of such institution 

that is located outside the United States, 

may receive— 

(i) A lump sum amount for 

established charges paid directly to the 

institution of higher learning for the 

entire quarter, semester, or term, as 

applicable. The amount payable will be 

the sum of the lower amount of tuition 

as determined in paragraph (b)(1)(i)(A) 

and the lower amount of fees as 

determined in paragraph (b)(1)(i)(B) of 

this section. 

(A) The amount of tuition payable is 

the lesser of— 

(1) The actual amount of tuition 

charged by the institution of higher 

learning; or 

(2) The maximum amount of tuition 

regularly charged per credit hour to fulltime undergraduate in-State students by 

the public institution of higher learning 

having the highest rate of regularlycharged tuition per credit hour in the 

State in which the individual is enrolled 

or, if the individual is enrolled at a 

branch located outside the United 

States, in the State where the main 

campus of the institution of higher 

learning is located, multiplied by the 

number of credit hours in which the 

individual is enrolled. 

(B) The amount of fees payable is the 

lesser of— 

(1) The actual amount of fees charged 

by the institution of higher learning; or 

(2) The maximum amount of fees 

regularly charged full-time 

undergraduate in-State students in a 

term, quarter, or semester by the public 

institution of higher learning having the 

highest rate of regularly-charged fees in 

a term, quarter, or semester in the State 

in which the individual is enrolled or, 

if the individual is enrolled at a branch 

located outside the United States, in the 

State where the main campus of the 

institution of higher learning is located. 

(C) The lesser amount of paragraph 

(b)(1)(i )(A) or (B) of this section, 

divided by the number of days in the 

individual’s quarter, semester, or term, 

as applicable, to determine the 

individual’s daily rate which will then 

be multiplied by the individual’s 

remaining months and days of 

entitlement to educational assistance in 

accordance with § 21.4020 and 

§ 21.9635(o); 

(ii) Except for individuals pursuing a 

program of education offered entirely 

through distance learning, a monthly 

housing allowance. The monthly 

housing allowance will be equal to the 

monthly amount of the basic allowance 

for housing payable under 37 U.S.C. 403 

for a member of the military with 

dependents in pay grade E–5 using the 

ZIP code area in which all, or a 

majority, of the primary institution of 

higher learning in which the individual 

is enrolled is located or, if the 

individual is only pursuing distance 

learning courses at the primary 

institution of higher learning, the ZIP 

code area in which all, or a majority of 

the institution of higher learning in 

which the individual is enrolled in one 

or more resident courses is located; and 

(iii) An amount for books, supplies, 

equipment, and other educational costs 

(referred to as the ‘‘book stipend’’) 

payable as a lump sum for each quarter, 

semester, or term. The maximum 

amount payable to an eligible individual 

with remaining entitlement is based on 

pursuit of twenty-four credit hours (the 

minimum number of credit hours 

generally considered to be full-time 

training at the undergraduate level for 

an academic year). An individual may 

receive an amount for each credit hour 

pursued up to twenty-four credit hours 


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(or the equivalent number of credit 

hours if enrollment is reported in clock 

hours) in a single academic year. The 

lump sum payment for each quarter, 

semester, or term is equal to— 

(A) $41.67 ($1,000 divided by 24 

credit hours); multiplied by— 

(B) The number of credit hours (or the 

equivalent number of credit hours if 

enrollment is reported in clock hours) 

taken by the individual in the quarter, 

semester, or term, up to a cumulative 

total of twenty-four credit hours for the 

academic year. 

(2) Is enrolled at an institution of 

higher learning not located in the 

United States, may receive— 

(i) A lump sum amount for 

established charges paid directly to the 

institution of higher learning for the 

entire quarter, semester, or term, as 

applicable. The amount payable will be 

the sum of the lower amount of tuition 

as determined in paragraph (b)(2)(i)(A) 

and the lower amount of fees as 

determined in paragraph (b)(2)(i)(B) of 

this section. Prior to comparing the 

amounts in paragraph ((b)(2)(i)(A) and 

in paragraph (b)(2)(i)(B) of this section, 

foreign currency must be converted into 

United States dollars using the foreign 

exchange conversion rate as published 

by the Federal Reserve effective on the 

first day of the month of July that 

precedes the beginning date of the 

individual’s enrollment period. 

(A) The amount of tuition payable is 

the lesser of— 

(1) The actual amount of tuition 

charged by the institution of higher 

learning (converted into United States 

dollars); or 

(2) The average (i.e., unweighted 

arithmetic mean) amount of tuition per 

credit hour regularly charged full-time 

undergraduate in-State students by 

public institutions of higher learning 

throughout the United States as 

published by VA for the relevant 

academic year. 

(B) The amount of fees payable is the 

lesser of— 

(1) The actual amount of fees charged 

by the institution of higher learning 

(converted into United States dollars); 

or 

(2) The average (i.e., unweighted 

arithmetic mean) amount of fees 

regularly charged full-time 

undergraduate in-State students per 

term, quarter, or semester by the public 

institutions of higher learning 

throughout the United States as 

published by VA for the relevant 

academic year. 

(C) The lesser amount of paragraph 

(b)(2)(i)(A) or (B) of this section, divided 

by the number of days in the 

individual’s quarter, semester, or term, 

as applicable, to determine the 

individual’s daily rate which will then 

be multiplied by the individual’s 

remaining months and days of 

entitlement to educational assistance in 

accordance with § 21.4020 and 

§ 21.9635(o); 

(ii) Except for individuals pursuing a 

program of education offered entirely 

through distance learning, a monthly 

housing allowance. The monthly 

housing allowance will be equal to the 

average (i.e., unweighted arithmetic 

mean) monthly amount of the basic 

allowance for housing payable under 37 

U.S.C. 403 for a member of the military 

with dependents in pay grade E–5 

residing in the United States; and 

(iii) An amount for books, supplies, 

equipment, and other educational costs 

(referred to as the ‘‘book stipend’’) 

payable as a lump sum for each quarter, 

semester, or term. The maximum 

amount payable to an eligible individual 

with remaining entitlement is based on 

pursuit of twenty-four credit hours (the 

minimum number of credit hours 

generally considered to be full-time 

training at the undergraduate level for 

an academic year). An individual may 

receive an amount for each credit hour 

pursued up to twenty-four credit hours 

(or the equivalent number of credit 

hours if enrollment is reported in clock 

hours) in a single academic year. The 

lump sum payment for each quarter, 

semester, or term is equal to— 

(A) $41.67 ($1,000 divided by 24 

credit hours); multiplied by— 

(B) The number of credit hours (or the 

equivalent number of credit hours if 

enrollment is reported in clock hours) 

taken by the individual in the quarter, 

semester, or term, up to a cumulative 

total of twenty-four credit hours for the 

academic year. 

(c) Maximum amounts payable for 

training at one-half time or less. An 

individual, other than one on active 

duty, who is pursuing a program of 

education at one-half time or less (at a 

rate of pursuit of 50 percent or less) and 

who— 

(1) Is enrolled at an institution of 

higher learning located in the United 

States, or at a branch of such institution 

that is located outside the United States, 

may receive— 

(i) A lump sum amount for 

established charges paid directly to the 

institution of higher learning for the 

entire quarter, semester, or term, as 

applicable. The amount payable will be 

the sum of the lower amount of tuition 

as determined in paragraph (c)(1)(i)(A) 

and the lower amount of fees as 

determined in paragraph (c)(1)(i)(B) of 

this section. 

(A) The amount of tuition payable is 

the lesser of— 

(1) The actual amount of tuition 

charged by the institution of higher 

learning that similarly circumstanced 

nonveterans enrolled in the individual’s 

program of education would be required 

to pay; or 

(2) The maximum amount of tuition 

regularly charged per credit hour to fulltime undergraduate in-State students by 

the public institution of higher learning 

having the highest rate of regularlycharged tuition per credit hour in the 

State in which the individual is enrolled 

or, if the individual is enrolled at a 

branch located outside the United 

States, in the State where the main 

campus of the institution of higher 

learning is located, multiplied by the 

number of credit hours in which the 

individual is enrolled. 

(B) The amount of fees payable is the 

lesser of— 

(1) The actual amount of fees charged 

by the institution of higher learning that 

similarly circumstanced nonveterans 

enrolled in the individual’s program of 

education would be required to pay; or 

(2) The maximum amount of fees 

regularly charged full-time 

undergraduate in-State students per 

term, quarter, or semester by the public 

institution of higher learning having the 

highest rate of regularly-charged fees per 

term, quarter or semester, in the State in 

which the individual is enrolled or, if 

the individual is enrolled at a branch 

located outside the United States, in the 

State where the main campus of the 

institution of higher learning is located. 

(C) The lesser amount of paragraph 

(c)(1)(i)(A) or (B) of this section, divided 

by the number of days in the 

individual’s quarter, semester, or term, 

as applicable, to determine the 

individual’s daily rate which will then 

be multiplied by the individual’s 

remaining months and days of 

entitlement to educational assistance in 

accordance with § 21.4020 and 

§ 21.9635(o); 

(ii) An amount for books, supplies, 

equipment, and other educational costs 

(referred to as the ‘‘book stipend’’) 

payable as a lump sum for the certified 

enrollment period. The maximum 

amount payable to an eligible individual 

with remaining entitlement is based on 

pursuit of twenty-four credit hours (the 

minimum number of credit hours 

generally considered to be full-time 

training at the undergraduate level for 

an academic year). An individual may 

receive an amount for each credit hour 

pursued up to twenty-four credit hours 

(or the equivalent number of credit 

hours if enrollment is reported in clock 

hours) in a single academic year. The 


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14686 Federal Register / Vol. 74, No. 60 / Tuesday, March 31, 2009 / Rules and Regulations 

lump sum payment for each quarter, 

semester, or term is equal to— 

(A) $41.67 ($1,000 divided by 24 

credit hours); multiplied by— 

(B) The number of credit hours (or the 

equivalent number of credit hours if 

enrollment is reported in clock hours) 

taken by the individual in the quarter, 

semester, or term; multiplied by— 

(C) The percentage equal to the 

individual’s rate of pursuit as 

determined by dividing the number of 

credit hours the individual is pursuing 

by the number of credit hours required 

for full-time pursuit. 

(2) Is enrolled in an institution of 

higher learning not located in the 

United States, may receive— 

(i) A lump sum amount for 

established charges paid directly to the 

institution of higher learning for the 

entire quarter, semester, or term, as 

applicable. The amount payable will be 

the sum of the lower amount of tuition 

as determined in paragraph (c)(2)(i)(A) 

and the lower amount of fees as 

determined in paragraph (c)(2)(i)(B) of 

this section. Prior to comparing the 

amounts in paragraph (c)(2)(i)(A) and in 

paragraph (c)(2)(i)(B) of this section, 

foreign currency must be converted into 

United States dollars using the foreign 

exchange conversion rate as published 

by the Federal Reserve effective on the 

first day of the month of July that 

precedes the beginning date of the 

individual’s enrollment period. 

(A) The amount of tuition payable is 

the lesser of— 

(1) The actual amount of tuition 

charged by the institution of higher 

learning (converted into United States 

dollars); or 

(2) The average (i.e., arithmetic mean) 

amount of tuition per credit hour 

regularly charged full-time 

undergraduate in-State students by 

public institutions of higher learning 

throughout the United States as 

published by VA for the relevant 

academic year. 

(B) The amount of fees payable is the 

lesser of— 

(1) The actual amount of fees charged 

by the institution of higher learning 

(converted into United States dollars); 

or 

(2) The average (i.e., arithmetic mean) 

amount of fees regularly charged fulltime undergraduate in-State students 

per term, quarter, or semester by the 

public institutions of higher learning 

throughout the United States as 

published by VA for the relevant 

academic year. 

(C) The lesser amount of paragraph 

(c)(2)(i)(A) or (B) of this section, divided 

by the number of days in the 

individual’s quarter, semester, or term, 

as applicable, to determine the 

individual’s daily rate which will then 

be multiplied by the individual’s 

remaining months and days of 

entitlement to educational assistance in 

accordance with § 21.4020 and 

§ 21.9635(o); 

(ii) An amount for books, supplies, 

equipment, and other educational costs 

(referred to as the ‘‘book stipend’’) 

payable as a lump sum for the certified 

enrollment period. The maximum 

amount payable to an eligible individual 

with remaining entitlement is based on 

pursuit of twenty-four credit hours (the 

minimum number of credit hours 

generally considered to be full-time 

training at the undergraduate level for 

an academic year). An individual may 

receive an amount for each credit hour 

pursued up to twenty-four credit hours 

(or the equivalent number of credit 

hours if the individual’s enrollment is 

reported in clock hours) in a single 

academic year. The lump sum payment 

for each quarter, semester, or term is 

equal to— 

(A) $41.67 ($1,000 divided by 24); 

multiplied by 

(B) The number of credit hours (or the 

equivalent number of credit hours if the 

individual’s enrollment is reported in 

clock hours) taken by the individual in 

the quarter, semester, or term, up to a 

cumulative total of twenty-four credit 

hours for the academic year; multiplied 

by— 

(C) The percentage equal to the 

individual’s rate of pursuit as 

determined by dividing the number of 

credit hours the individual is pursuing 

by the number of credit hours required 

for full-time pursuit. 

(d) Amounts payable for individuals 

on active duty. Individuals on active 

duty who are pursuing a program of 

education may receive a lump sum 

amount for established charges paid 

directly to the institution of higher 

learning for the entire quarter, semester, 

or term, as applicable. The amount 

payable will be the lowest of— 

(1) The established charges that 

similarly circumstanced nonveterans 

enrolled in the individual’s program of 

education would be required to pay; 

(2) That portion of the established 

charges not covered by military tuition 

assistance under 10 U.S.C. 2007(a) or (b) 

for which the individual has stated to 

VA that he or she wishes to receive 

payment. 

(3) The lesser amount of paragraph 

(d)(1) or (2) of this section, divided by 

the number of days in the individual’s 

quarter, semester, or term, as applicable, 

to determine the individual’s daily rate 

which will then be multiplied by the 

individual’s remaining months and days 

of entitlement to educational assistance 

in accordance with § 21.4020 and 

§ 21.9635(o); 

(e) Publication of educational 

assistance rates. VA will publish the 

maximum amounts of tuition and fees 

payable for the upcoming academic year 

in the ‘‘Notices’’ section of the Federal 

Register and on the GI Bill Web site at 

http:/www.gibill.va.gov by the first of 

August of each calendar year. The 

maximum amounts payable, as 

published, will be effective for each 

term, quarter, or semester that begins 

during the academic year. 

(Authority: 38 U.S.C. 3313, 3323(c)) 

§ 21.9645 Refund of basic contribution to 

chapter 30. 

(a)(1) An individual who makes an 

irrevocable election to receive 

educational assistance under this 

chapter by relinquishing eligibility 

under chapter 30 will be entitled to 

receive a refund of the amount 

contributions paid under 38 U.S.C. 

3011(b) or 3012(c), up to $1,200, if the 

individual, as of the date of the 

individual’s election, meets the 

requirements for entitlement to 

educational assistance under this 

chapter and meets one of the following 

requirements as of August 1, 2009— 

(i) He or she is eligible for basic 

educational assistance under 38 U.S.C. 

chapter 30 and has remaining 

entitlement under that chapter; 

(ii) He or she is eligible for basic 

educational assistance under 38 U.S.C. 

chapter 30 but has not used any 

entitlement under that chapter; or 

(iii) He or she is a member of the 

Armed Forces who is eligible to receive 

educational assistance under 38 U.S.C. 

chapter 30 because he or she has met 

the requirements of § 21.7042(a) or (b) 

and is making contributions as provided 

in § 21.7042(g). 

(2) Individuals are not entitled to a 

refund of any portion of additional 

contributions, of up to $600, paid 

towards educational assistance under 38 

U.S.C. chapter 30 in accordance with 

the provisions of § 21.7136(h). 

(b) Amount of refund. The amount of 

any payment made under this section to 

the individual who made the 

contributions will be equal to the total 

amount of contributions toward basic 

educational assistance made by the 

individual as provided in § 21.7042(g) 

multiplied by the fraction with— 

(1) A numerator equal to— 

(i) The number of months of 

entitlement under 38 U.S.C. chapter 30 

remaining to the individual at the time 

of the election and the number of 

months, if any, of transferred 


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entitlement under 38 U.S.C. chapter 30 

that the individual revoked; or 

(ii) 36 for individuals making 

contributions in accordance with 

§ 21.9645(a)(iii); and 

(2) A denominator equal to 36. 

(c) Timing of Payment. The amount 

payable under this section will only be 

paid to the individual who made the 

contributions as an increase to the 

monthly housing allowance payable 

under § 21.9640(b)(1)(ii) or (b)(2)(ii) at 

the time his or her entitlement exhausts. 

(Authority: Pub. L. 110–252, Stat. 2377–2378) 

§ 21.9650 Increase in educational 

assistance. 

The Secretary of the military 

department concerned may increase the 

amount of basic educational assistance 

payable to an individual who has a skill 

or specialty in which there is a critical 

shortage of personnel, for which there is 

difficulty recruiting, or, in the case of 

critical units, for which there is 

difficulty retaining personnel, as 

determined by the Secretary of the 

military department concerned. 

(a) Chapter 33 increase (‘‘kicker’’) 

amount. (1) The amount of the increase 

is set by the Secretary of the military 

department concerned, but the amount 

of any such increase may not exceed— 

(i) $50.00 per month for full-time 

training; or 

(ii) A percentage of the full-time 

training amount under paragraph (a)(i) 

of this section based on the individual’s 

rate of pursuit of training. 

(2) The increase (‘‘kicker’’) amount 

payable under paragraph (a) of this 

section will only be paid to the 

individual as part of the monthly 

housing allowance if the individual is 

entitled to receive a monthly housing 

allowance under § 21.9640(b)(1)(ii) or 

(b)(2)(ii) for that term, quarter, or 

semester. 

(Authority: 38 U.S.C. 3015(d)(1), 3313(c), 

3316(a)) 

(b) Chapter 30 increase (‘‘kicker’’) 

amount. (1) If an individual is eligible 

for educational assistance under 38 

U.S.C. chapter 33 by reason of an 

irrevocable election to relinquish 

eligibility under 38 U.S.C. chapter 30 in 

accordance with the provisions of 

§ 21.9520(c) and, on the date of such 

election, the individual is also entitled 

to an increase (‘‘kicker’’) of the amount 

of educational assistance under 38 

U.S.C. 3015(d), the individual remains 

entitled to that increase under 38 U.S.C. 

chapter 33. 

(2) The increase (‘‘kicker’’) amount is 

set by the Secretary of the military 

department concerned, but the amount 

of any such increase may not exceed— 

(i) $50.00 per month for full-time 

training; or 

(ii) A percentage of the full-time 

training amount under paragraph 

(b)(2)(i) of this section based on the 

individual’s rate of pursuit of training. 

(3) The increase (‘‘kicker’’) amount 

payable under paragraph (b) of this 

section will be paid to the individual as 

a lump sum in an amount for the entire 

quarter, semester, or term, as applicable, 

based on the monthly amount to which 

the individual was entitled at the time 

of the election of chapter 33. 

(Authority: 38 U.S.C. 3015(d); Pub. L. 110– 

252, Stat. 2378) 

(c) Chapter 1606 increase (‘‘kicker’’) 

amount. (1) If an individual is eligible 

for educational assistance under 38 

U.S.C. chapter 33 by reason of an 

irrevocable election to relinquish 

eligibility under 10 U.S.C. chapter 1606 

in accordance with the provisions of 

§ 21.9520(c) and, on the date of such 

election, the individual is also entitled 

to an increase (‘‘kicker’’) of the amount 

of educational assistance under 10 

U.S.C. 16131(i), the individual remains 

entitled to that increase (‘‘kicker’’) 

under 38 U.S.C. chapter 33. 

(2) The increase (‘‘kicker’’) amount is 

set by the Secretary of the military 

department concerned, but the amount 

of any such increase may not exceed— 

(i) $350.00 per month for full-time 

training; or 

(ii) A percentage of the full-time 

training amount under paragraph 

(c)(2)(i) of this section based on the 

individual’s rate of pursuit of training. 

(3) The increase (‘‘kicker’’) amount 

payable under paragraph (c) of this 

section will be paid to the individual as 

a lump sum in an amount for the entire 

quarter, semester, or term, as applicable, 

based on the monthly amount to which 

the individual was entitled at the time 

of the election of chapter 33. 

(Authority: 10 U.S.C. 16131(i); Pub. L. 110– 

252, Stat 2378) 

§ 21.9655 Rates of supplemental 

educational assistance. 

In addition to basic educational 

assistance, an individual who is eligible 

for supplemental educational assistance 

and entitled to it will be paid 

supplemental educational assistance at 

the rate described in this section unless 

a lesser rate is required by § 21.9675. 

(a) Individuals eligible for 

supplemental educational assistance 

under chapter 33. (1) The monthly 

amount of supplemental educational 

assistance payable to an individual 

whose initial eligibility for educational 

assistance is acquired under 38 U.S.C. 

chapter 33 is set by the Secretary of the 

military department concerned, but may 

not exceed $300 per month for full-time 

training. Individuals pursuing training 

at less than full-time will receive a 

percentage of the amount set by the 

Secretary of the military department 

concerned based on the individual’s rate 

of pursuit of training. 

(2) The increase payable under 

paragraph (a) of this section will only be 

paid to the individual as part of the 

monthly housing allowance if the 

individual is entitled to receive a 

monthly housing allowance under 

§ 21.9640(b)(1)(ii) or (b)(2)(ii) for that 

term, quarter, or semester. 

(Authority: 38 U.S.C. 3316) 

(b) Individuals who were eligible for 

supplemental educational assistance 

under 38 U.S.C. chapter 30. (1) An 

individual who is eligible for 

educational assistance under 38 U.S.C. 

chapter 33 by reason of an irrevocable 

election under § 21.9520(c) and was 

entitled to supplemental educational 

assistance under subchapter III of 38 

U.S.C. chapter 30 remains entitled to 

such additional amount under chapter 

33. 

(2) The amount of the increase is set 

by the Secretary of the military 

department concerned, but may not 

exceed $300 per month for full-time 

training. Individuals pursuing training 

at less than full-time will receive a 

percentage of the amount set by the 

Secretary of the military department 

concerned based on the individual’s rate 

of pursuit of training. 

(3) The supplemental increase amount 

payable under paragraph (b) of this 

section will be paid to the individual as 

a lump sum in an amount for the entire 

quarter, semester, or term, as applicable, 

based on the monthly amount to which 

the individual was entitled at the time 

of the election of chapter 33. 

(Authority: 38 U.S.C. 3021; Pub. L. 110–252, 

122 Stat. 2378) 

§ 21.9660 Rural relocation benefit. 

An individual eligible for educational 

assistance under this chapter is entitled 

to receive a one-time payment of $500 

if the individual— 

(a) Resides in a county (or similar 

entity utilized by the Bureau of the 

Census) with less than 7 persons per 

square mile (as determined by the most 

recent decennial Census); and 

(b) Either— 

(1) Physically relocates at least 500 

miles in order to pursue a program of 

education for which the individual 

receives educational assistance under 

this chapter; or 

(2) Travels by air to physically attend 

an institution of higher learning for 


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pursuit of an approved program of 

education under this chapter if no other 

land-based method of transportation is 

available due to an absence of roads or 

other infrastructure; and 

(3) Has provided documentation 

required in § 21.9680(c). 

(Authority: 38 U.S.C. 3318) 

§ 21.9665 Reimbursement for licensing or 

certification tests. 

An eligible individual is entitled to 

receive reimbursement for taking one 

licensing or certification test. The 

amount of educational assistance VA 

will pay as reimbursement for an 

approved licensing or certification test 

taken on or after August 1, 2009, is the 

lesser of the following: 

(a) The fee that the licensing or 

certification organization offering the 

test charges for taking the test; or 

(b) $2,000. 

(Authority: 38 U.S.C. 3315) 

§ 21.9670 Work-study allowance. 

An eligible individual pursuing a 

program of education under 38 U.S.C. 

chapter 33 at a rate of pursuit of at least 

75 percent may receive a work-study 

allowance in accordance with the 

provisions of § 21.4145. 

(Authority: 38 U.S.C. 3034(a), 3323(a), 3485) 

§ 21.9675 Conditions that result in reduced 

rates or no payment. 

The payment rates as established in 

§§ 21.9640 and 21.9655 will be reduced 

in accordance with this section 

whenever the circumstances described 

in this section arise. 

(a) Withdrawals and nonpunitive 

grades. Except as provided in this 

paragraph, VA will not pay educational 

assistance for an eligible individual’s 

pursuit of a course from which the 

eligible individual withdraws or 

receives a nonpunitive grade that is not 

used in computing the requirements for 

graduation. VA may pay educational 

assistance for a course from which the 

eligible individual withdraws or 

receives a nonpunitive grade if— 

(1) The individual withdraws because 

he or she is ordered to active-duty 

service or, in the case of an individual 

serving on active duty, he or she is 

ordered to a new duty location or 

assignment, or ordered to perform an 

increased amount of work; or 

(2) There are mitigating 

circumstances, and 

(i) The eligible individual submits a 

description of the mitigating 

circumstances in writing to VA within 

one year from the date VA notifies the 

eligible individual that a description is 

needed, or at a later date if the eligible 

individual is able to show good cause 

why the one-year time limit should be 

extended to the date on which he or she 

submitted the description of the 

mitigating circumstances; and 

(ii) The eligible individual submits 

evidence supporting the existence of 

mitigating circumstances within one 

year of the date VA requested the 

evidence, or at a later date if the eligible 

individual is able to show good cause 

why the one-year time limit should be 

extended to the date on which he or she 

submitted the evidence supporting the 

existence of mitigating circumstances. 

(Authority: 38 U.S.C. 3034(a), 3323(a), 

3680(a)) 

(b) No educational assistance for 

some incarcerated individuals. VA will 

not pay educational assistance to an 

eligible individual who is incarcerated 

in a Federal, State, local, or other penal 

institution or correctional facility due to 

a felony conviction and has incurred no 

expenses for books, supplies, or 

equipment if— 

(1) The individual is enrolled in a 

course for which there is no tuition and 

fees; 

(2) The individual is enrolled in a 

course and the tuition and fees for the 

course are being paid in full by a 

Federal (other than one administered by 

VA), State, or local program. 

(c) Reduced educational assistance 

for some incarcerated individuals. (1) 

VA will reduce the amount of 

educational assistance paid to an 

eligible individual who is incarcerated 

in a Federal, State, local, or other penal 

institution or correctional facility due to 

a felony conviction if— 

(i) The individual is enrolled in a 

course for which the tuition and fees are 

paid entirely by a Federal (other than 

one administered by VA), State, or local 

program, but the individual is required 

to purchase books, supplies, or 

equipment for the course; or 

(ii) The individual is enrolled in a 

course for which the tuition and fees are 

paid partially by a Federal (other than 

one administered by VA), State, or local 

program, whether or not the individual 

is required to purchase books, supplies, 

or equipment for the course. 

(2) The amount of educational 

assistance payable for pursuit of an 

approved program of education by an 

eligible individual, as described in this 

paragraph, will be the lesser of the 

following— 

(i) The amount equal to any portion 

of tuition and fees charged for the 

course that are not paid by a Federal 

(other than one administered by VA), 

State, or local program plus an amount 

equal to any charges to the eligible 

individual for the cost of necessary 

books, supplies, and equipment; or 

(ii) The amount of tuition and fees 

otherwise payable to the individual 

based on the individual’s length of 

creditable service as determined in 

§ 21.9640(a) and the individual’s rate of 

pursuit, plus an amount equal to any 

charges to the eligible individual for the 

cost of necessary books, supplies, and 

equipment. 

(Authority: 38 U.S.C. 3034(a), 3323(a), 

3482(g)) 

(d) No educational assistance for 

certain enrollments. VA will not pay 

educational assistance for— 

(1) An enrollment in an audited 

course (See § 21.4252(i)); 

(2) A new enrollment in a course 

during a period when the approval has 

been suspended by a State approving 

agency or VA; 

(3) An enrollment in a course by a 

nonmatriculated student except as 

provided in § 21.4252(l); 

(4) An enrollment in a course certified 

to VA by the individual taking the 

course; 

(5) A new enrollment in a course 

which does not meet the veterannonveteran ratio requirement as 

computed under § 21.4201; and 

(6) An enrollment in a course offered 

under contract for which VA approval is 

prohibited by § 21.4252(m). 

(Authority: 38 U.S.C. 501(a), 3034(a), 3323(a)) 

§ 21.9680 Certifications and release of 

payments. 

(a) Payee. (1) VA will make payment 

of the appropriate amount of established 

charges (including top-up payments), as 

determined under § 21.9640, directly to 

the institution of higher learning as a 

lump sum payment for the entire 

quarter, semester, or term, as applicable. 

(2) VA will make all other payments 

to the eligible individual or a duly 

appointed fiduciary. VA will make 

direct payment to the eligible individual 

even if he or she is a minor. 

(3) 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 33. 

(Authority: 38 U.S.C. 3034(a), 3313(g), 

3323(a), 3680, 5301) 

(b) Payments. 

(1) VA will pay educational assistance 

for an eligible individual’s enrollment 

in an approved program (other than one 

seeking tuition assistance top-up, one 

seeking reimbursement for taking an 

approved licensing or certification test, 

or one who qualifies for an advance 

payment of the monthly housing 


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allowance) only after the educational 

institution has certified the individual’s 

enrollment as provided in § 21.9720. 

(Authority: 38 U.S.C. 3034(a), 3323(a), 

3680(g), 3689) 

(The Office of Management and Budget 

has approved the information collection 

provisions in this section under control 

number 2900–0073) 

(2) Advance payments. VA will apply 

the provisions of this section in making 

advance payments of the monthly 

housing allowance to eligible 

individuals. 

(i) VA will make payments of the 

monthly housing allowance in advance 

when: 

(A) The eligible individual has 

specifically requested such a payment; 

(B) The individual is enrolled at a rate 

of pursuit greater than half-time; 

(C) The institution of higher learning 

at which the eligible individual is 

accepted or enrolled has agreed to and 

can satisfactorily carry out the 

provisions of 38 U.S.C. 3680(d)(4)(B), 

(d)(4)(C), and (d)(5) pertaining to 

receipt, delivery, and return of checks, 

and certifications of delivery and 

enrollment; 

(D) The Director of the VA Regional 

Processing Office of jurisdiction has not 

acted under paragraph (b)(2)(iv) of this 

section to prevent advance payments 

being made to the eligible individual’s 

institution of higher learning; 

(E) There is no evidence in the 

eligible individual’s claim file showing 

that he or she is not eligible for an 

advance payment; 

(F) The period for which the eligible 

individual has requested a payment 

either— 

(1) Is preceded by an interval of 

nonpayment of 30 days or more; or 

(2) Is the beginning of a school year 

that is preceded by a period of 

nonpayment of 30 days or more; and 

(G) The institution of higher learning 

or the eligible individual has submitted 

the certification required by § 21.9715. 

(ii) The amount of the advance 

payment to an eligible individual is the 

amount payable for the monthly 

housing allowance for the month or 

fraction thereof in which the term or 

course will begin plus the amount of the 

monthly housing allowance for the 

following month. 

(iii) VA will mail advance payments 

to the institution of higher learning for 

delivery to the eligible individual. The 

institution of higher learning will not 

deliver the advance payment check 

more than 30 days in advance of the 

first date of the enrollment period for 

which VA makes the advance payment. 

(iv) The Director of the VA Regional 

Processing Office of jurisdiction may 

direct that advance payments not be 

made to individuals attending an 

institution of higher learning if: 

(A) The institution of higher learning 

demonstrates an inability to comply 

with the requirements of paragraph 

(b)(2)(iii) of this section; 

(B) The institution of higher learning 

fails to provide adequately for the 

safekeeping of the advance payment 

checks before delivery to the eligible 

individual or return to VA; or 

(C) The Director determines, based on 

compelling evidence, that the 

institution of higher learning has 

demonstrated its inability to discharge 

its responsibilities under the advance 

payment program. 

(Authority: 38 U.S.C. 3034, 3323, 3680) 

(3) Lump sum payments. VA will 

make a lump sum payment for the entire 

quarter, semester, or term: 

(i) To an institution of higher 

learning, on behalf of an eligible 

individual, for the appropriate amount 

of established charges; 

(ii) To an eligible individual for the 

appropriate amount for books, supplies, 

equipment, and other educational costs; 

and 

(iii) To an eligible individual entitled 

to the $500 rural relocation benefit. 

(Authority: 38 U.S.C. 3034(a), 3313, 3318, 

3323(a), 3680(f)) 

(4) 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 eligible individual wants tuition 

assistance top-up. If the form(s) 

submitted do 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)) 

(The Office of Management and Budget 

has approved the information collection 

provisions in this section under control 

number 2900–0698) 

(5) VA will pay educational assistance 

to an eligible individual as 

reimbursement for taking an approved 

licensing or certification test only after 

the eligible individual has submitted to 

VA a copy of his or her 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 eligible individual 

took the test; and 

(iv) The cost of the test. 

(Authority: 38 U.S.C. 3034(a), 3323(a), 3689) 

(The Office of Management and Budget 

has approved the information collection 

provisions in this section under control 

number 2900–0695) 

(6) Payment for intervals and 

temporary school closings. VA may 

authorize payment of the monthly 

housing allowance (as increased under 

§§ 21.9650(a) and 21.9655(a), if 

applicable) for an interval or for a 

temporary school closing that occurs 

within a certified enrollment period. If 

a school closing that is or may be 

temporary occurs during an interval, VA 

will apply any applicable provisions in 

paragraphs (b)(5)(i) through (b)(5)(v) of 

this section concerning intervals and in 

paragraph (5)(vi) of this section 

concerning temporary school closings. 

For the purposes of this paragraph, 

interval means a period without 

instruction between consecutive school 

terms, quarters, or semesters or a period 

without instruction between a summer 

term and a term, quarter, or semester. 

(See definitions of divisions of the 

school year in § 21.4200(b).) 

(i) Payment for intervals. In 

determining whether a student will be 

paid for an interval, VA will first review 

the provisions of paragraph (b)(5)(ii) of 

this section. If none of the provisions 

apply, VA will review the provisions of 

paragraphs (b)(5)(iii), (iv), and (v) of this 

section to determine if payments may be 

made for the interval. In determining 

the length of a summer term, VA will 

disregard a fraction of a week consisting 

of 3 days or less, and will consider 4 

days or more to be a full week. 

(ii) Restrictions on payment for 

intervals. VA will make no payment for 

an interval if— 


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(A) The individual’s rate of pursuit is 

one-half time or less on the last day of 

the certified enrollment period 

preceding the interval; 

(B) The individual is on active duty; 

(C) The individual requests, prior to 

authorization of an award or prior to 

negotiating a check or receiving a direct 

deposit for educational assistance, that 

no benefits be paid for the interval 

period; 

(D) The individual’s entitlement 

applicable to such payment will be 

exhausted by receipt of such payment, 

and it is to the advantage of the 

individual not to receive payment; 

(E) The interval occurs between 

school years at a school that is not 

organized on a term, quarter, or 

semester basis; or 

(F) The individual withdraws from all 

courses in the term, quarter, semester, or 

summer session preceding the interval, 

or discontinues training before the 

scheduled start of an interval in an 

institution of higher learning not 

organized on a term, quarter, or 

semester basis. 

(iii) Payment for intervals between 

periods of enrollment at different 

schools. If the individual transfers from 

one approved school for the purpose of 

enrolling in and pursuing a similar 

program of education at the second 

school, VA may make payments for an 

interval that does not exceed 30 days. If 

the student does not enroll in a similar 

program of education at the second 

school, VA may not make payments for 

the interval. 

(iv) Payment for intervals that occur 

at the same school. (A) If the individual 

remains enrolled at the same school, VA 

may make payment for an interval 

which does not exceed 8 weeks and 

which occurs between: 

(1) Semesters or quarters, 

(2) A semester or quarter and a term 

that is at least as long as the interval, 

(3) A semester or quarter and a 

summer term that is at least as long as 

the interval, 

(4) Consecutive terms (other than 

semesters or quarters) provided that 

both terms are at least as long as the 

interval, or 

(5) A term and summer term provided 

that both the term and the summer term 

are at least as long as the interval. 

(B) If the individual remains enrolled 

at the same school, VA may make 

payment for an interval that does not 

exceed 30 days and that occurs between 

summer sessions within a summer term. 

(Authority: 38 U.S.C. 3034(a), 3323(a), 3680) 

(v) Payment for intervals that occur 

between overlapping enrollments. (A) If 

a student is enrolled in overlapping 

enrollment periods whether before or 

after an interval (either at the same or 

different schools), VA will determine 

whether the student is entitled to 

payment for the interval between the 

overlapping enrollment periods, and 

which dates the interval and enrollment 

periods will be considered to begin and 

end, as follows: 

(1) By treating the ending date of each 

enrollment period as though it were the 

individual’s last date of training before 

the interval, 

(2) By treating the beginning date of 

each enrollment period as though it 

were the individual’s first date of 

training after the interval, 

(3) By examining the interval payment 

that would be made to the individual on 

the basis of the various combinations of 

beginning and ending dates, and 

(4) By choosing the ending date and 

beginning date that result in the highest 

payment rate as the start and finish of 

the interval for VA measurement 

purposes. 

(B) VA will not reduce the interval 

rate of payment as a result of training 

the individual may take during the 

interval, but VA will increase the 

interval rate of payment if warranted by 

such training. 

(Authority: 38 U.S.C. 3034(a), 3323(a), 

3680(a)) 

(vi) Payment for temporary school 

closings. VA may authorize payment for 

temporary school closings that are due 

to emergencies (including strikes) or 

established policy based upon an 

Executive Order of the President. If a 

school closing that is or may be 

temporary occurs in whole or in part 

during an interval, VA will first review 

the provisions of paragraph (b)(5)(ii) 

through (v) of this section to determine 

if payment may be continued during the 

interval. 

(A) If payment would not be 

inconsistent with the provisions of 

paragraph (b)(5)(ii) through (v) of this 

section, a determination to authorize 

payment for a period of a temporary 

school closing, or to not authorize 

payment if it appears that either the 

school closing will not be temporary or 

payment would not otherwise be in 

accord with this section, or both, will be 

made by: 

(1) The Director of the VA Regional 

Processing Office of jurisdiction if: 

(i) The reason for the school closing 

does not result in the closing of a school 

or schools in the jurisdiction of the 

Director of another VA Regional 

Processing Office, and 

(ii) If the reason for the closing is a 

strike, and the strike lasts, or is 

anticipated to last, 30 days or less. 

(2) The Director of Education Service 

if: 

(i) The reason for the school closing 

results in the closing of schools in the 

jurisdiction of more than one Director of 

a VA Regional Processing Office, or 

(ii) The reason for the closing is a 

strike, and the strike lasts, or is 

anticipated to last, more than 30 days. 

(B) A school that disagrees with a 

decision made under paragraph 

(b)(5)(vi) of this section may request an 

administrative review. The review 

request must be submitted in writing 

and received by the Director of the VA 

Regional Processing Office of 

jurisdiction within one year of the date 

of VA’s letter notifying the school of the 

decision. A review of the decision will 

include the evidence of record and any 

other pertinent evidence the school may 

wish to submit. The affirmation or 

reversal of the initial decision based on 

an administrative review is final. The 

review will be conducted by the— 

(1) Director, Education Service, if the 

Director of the VA Regional Processing 

Office of jurisdiction made the initial 

decision to continue or discontinue 

payments; or 

(2) Under Secretary for Benefits, if the 

Director, Education Service, made the 

initial decision to continue or 

discontinue payments. 

(Authority: 38 U.S.C. 512, 3034(a), 3323(a), 

3680(a)) 

(c) Rural relocation benefit. VA will 

make the $500 rural relocation benefit 

payment after— 

(1) The educational institution has 

certified the individual’s enrollment as 

provided in § 21.9680; 

(2) The individual has provided— 

(i) Request for benefit. An individual 

must submit a request for the rural 

relocation benefit in writing; 

(ii) Proof of residence. (A) An 

individual must provide proof of his or 

her place of residence by submitting any 

of the following documents bearing his 

or her name and current address: 

(1) DD Form 214, Certification of 

Release or Discharge from Active Duty; 

or 

(2) The most recent Federal income 

tax return; or 

(3) The most recent State income tax 

return; or 

(4) Rental/lease agreement; or 

(5) Mortgage document; or 

(6) Current real property assessment; 

or 

(7) Voter registration card. 

(B) An individual using entitlement 

granted under § 21.9570 who, because 

he or she resides with the transferor or, 

in the case of a child, a parent, cannot 

provide any of the documents in 


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paragraph (c)(2)(ii) of this section, may 

submit any document in paragraphs 

(c)(2)(ii)(A)(2) through (7) of this section 

bearing the name and current address of 

the transferor or, in the case of a child, 

a parent as proof of residence; and 

(iii) Proof of relocation. An individual 

traveling by air must provide an airline 

receipt for travel with a departure and 

destination airport within reasonable 

distance from the home of residence and 

the institution of higher learning, 

respectively; and 

(3) VA has determined that the 

individual resided in a county (or 

similar entity utilized by the Bureau of 

the Census) with less than seven 

persons per square mile based on the 

most recent decennial census prior to 

relocation, and either: 

(i) If traveling by land, physically 

relocated at least 500 miles, confirmed 

by means of a commonly available 

internet search engine for mapping 

upon entering the individual’s resident 

address provided in paragraph (c)(2) as 

the beginning point and the address of 

the institution of higher learning as the 

ending point; or 

(ii) If traveling by air, was unable to 

travel to the institution of higher 

learning by land due to the absence of 

road or other infrastructure. 

(Authority: 38 U.S.C. 3318) 

(d) Apportionments prohibited. VA 

will not apportion educational 

assistance. 

(Authority: 38 U.S.C. 3034(a), 3323(a), 3680) 

(e) Accrued benefits. Educational 

assistance remaining due and unpaid on 

the date of the individual’s death is 

payable under the provisions of § 3.1000 

of this chapter. 

(Authority: 38 U.S.C. 5121) 

§ 21.9685 Tutorial Assistance. 

(a) An individual who is eligible to 

receive benefits under 38 U.S.C. chapter 

33 may receive additional monetary 

assistance for tutorial services. VA will 

pay the individual this assistance if the 

tutorial assistance is necessary for the 

eligible individual to complete his or 

her program of education successfully, 

and the individual— 

(1) Is enrolled in and pursuing a 

postsecondary program of education at 

a rate of pursuit of at least 50 percent 

at an institution of higher learning; and 

(2) The professor or other person 

teaching, leading, or giving the course 

certifies that— 

(i) Tutorial assistance is essential to 

correct a deficiency of the individual in 

such course; and 

(ii) The course is required as part of, 

or is prerequisite or indispensable to the 

satisfactory pursuit of, an approved 

program of education. 

(b) Limits on tutorial assistance. (1) 

VA will authorize the cost of tutorial 

assistance in an amount not to exceed 

$100 per month. 

(2) The total amount of all tutorial 

assistance provided under this section 

will not exceed $1,200. 

(Authority: 38 U.S.C. 3034(a), 3314, 3323(a), 

3492) 

(The Office of Management and Budget 

has approved the information collection 

provisions in this section under control 

number 2900–0171) 

§ 21.9690 Nonduplication of educational 

assistance. 

(a) Except for receipt of a Montgomery 

GI Bill-Active Duty kicker provided 

under 38 U.S.C. 3015(d) or a 

Montgomery GI Bill-Selected Reserve 

kicker provided under 10 U.S.C. 

16131(i), an eligible individual is barred 

from receiving educational assistance 

under 38 U.S.C. chapter 33 concurrently 

with educational assistance provided 

under— 

(1) 10 U.S.C. 1606 (Montgomery GI 

Bill—Selected Reserve); 

(2) 10 U.S.C. 1607 (Reserve 

Educational Assistance Program); 

(3) 10 U.S.C. 106a (Section 901, 

Educational Assistance Test Program); 

(4) 38 U.S.C. 30 (Montgomery GI 

Bill—Active Duty); 

(5) 38 U.S.C. 31 (Vocational 

Rehabilitation and Employment 

Program); 

(6) 38 U.S.C. 32 (Post-Vietnam Era 

Veterans’ Educational Assistance); 

(7) 38 U.S.C. 35 (Survivors’ and 

Dependents’ Educational Assistance); or 

(8) Hostage Relief Act of 1980. 

(Authority: 38 U.S.C. 3034(a), 3322, 3323(a), 

3681; section 901, Pub. L. 96–342) 

(b) An individual who is eligible for 

educational assistance under more than 

one program listed in paragraph (a) of 

this section must specify in writing 

which benefit he or she wishes to 

receive. The eligible individual may 

choose to receive payment under 

another educational assistance program 

at any time, but may not change which 

benefit he or she will receive more than 

once during a term, quarter, or semester. 

(Authority: 38 U.S.C. 3034(a), 3322, 3323(a), 

3681) 

(c) Nonduplication—Federal program. 

Payment of educational assistance is 

prohibited to an otherwise eligible 

reservist— 

(1) For a unit course or courses that 

are being paid for entirely or partly by 

the Armed Forces during any period in 

which he or she is on active duty 

service; or 

(2) For a unit course or courses that 

are being paid for entirely or partly by 

the United States under the Government 

Employees’ Training Act. 

(Authority: 38 U.S.C. 3034(a), 3323(a), 3681) 

§ 21.9695 Overpayments. 

(a) Prevention of overpayments. In 

administering educational assistance 

payable under 38 U.S.C. chapter 33, VA 

will apply the provisions of §§ 21.4008 

and 21.4009 to eligible individuals and, 

when appropriate, to institutions of 

higher learning. 

(Authority: 38 U.S.C. 3034(a), 3323(a), 

3690(b)) 

(b) Liability for overpayments. (1) An 

overpayment of educational assistance 

paid to an eligible individual constitutes 

a liability of that individual unless— 

(i) The overpayment was waived as 

provided in §§ 1.957 and 1.962 of this 

chapter, or 

(ii) The overpayment results from an 

administrative error or an error in 

judgment. See § 21.9635(r). 

(2) An overpayment of educational 

assistance paid to the institution of 

higher learning on behalf of an eligible 

individual constitutes a liability of the 

individual unless the individual never 

attended the term, quarter, or semester 

certified by the institution of higher 

learning. If the individual never 

attended the term, quarter, or semester 

certified by the institution of higher 

learning, the institution must return to 

VA all educational assistance received 

under the provisions of 38 U.S.C. 

chapter 33 on behalf of the individual 

for such term, quarter, or semester. 

(3) The amount of the overpayment of 

educational assistance paid to the 

eligible individual, or paid to the 

institution of higher learning on behalf 

of the eligible individual, constitutes a 

liability of the institution of higher 

learning if VA determines that the 

overpayment is the result of willful or 

negligent— 

(i) False certification by the 

institution of higher learning; or 

(ii) Failure to certify excessive 

absences from a course, discontinuance 

of a course, or interruption of a course 

by the eligible individual. 

(Authority: 38 U.S.C. 3034(a), 3323(a), 3685) 

(iii) In determining whether an 

overpayment resulting from the actions 

listed in paragraphs (b)(3)(i) and (ii) of 

this section should be recovered from an 

institution of higher learning, VA will 

apply the provisions of § 21.4009 

(except paragraph (a)(1)) to 

overpayments of educational assistance 

under 38 U.S.C. chapter 33. 

(4) VA will determine the amount of 

an overpayment as follows— 


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(i) For an individual who does not 

complete one or more courses in the 

certified period of enrollment for which 

he or she received payment, and who 

does not substantiate mitigating 

circumstances for not completing such 

course or courses, VA will establish an 

overpayment equal to the amount of 

educational assistance paid for the 

course or courses not completed during 

that certified period of enrollment. 

(ii) For an individual who does not 

complete one or more courses in the 

certified period of enrollment, but who 

substantiates mitigating circumstances 

for not completing such course or 

courses, VA will prorate the amount of 

educational assistance to which he or 

she is entitled. 

(A) VA will determine the prorated 

amount of the established charges by 

dividing the amount the individual was 

paid for the course or courses not 

completed by the number of days in the 

certified enrollment period, and 

multiplying the result by the number of 

days from the beginning date of the 

enrollment period through the last date 

of attendance. The result of this 

calculation will equal the amount the 

individual is due. The difference 

between the amount of educational 

assistance paid and the amount of 

educational assistance the individual is 

due for the course or courses not 

completed will be established as an 

overpayment. 

(B) VA will determine the prorated 

amount of the monthly housing 

allowance by determining the amount 

the individual was entitled to while 

enrolled and subtracting that amount 

from the total amount paid. The 

difference between the amount of the 

monthly housing allowance paid and 

the amount of the monthly housing 

allowance the individual is due will be 

established as an overpayment. 

(C) Individuals who have 

substantiated mitigating circumstances 

will not be charged an overpayment for 

the lump sum payment for books, 

supplies, equipment, and other 

educational costs (‘‘book stipend’’). 

(Authority: 38 U.S.C. 3034(a), 3323, 3685, 

5302) 

§ 21.9700 Yellow Ribbon Program. 

(a) Establishment. The ‘‘Yellow 

Ribbon G.I. Education Enhancement 

Program’’, known as the ‘‘Yellow 

Ribbon Program,’’ permits an institution 

of higher learning (IHL), at the IHL’s 

option, to enter into an agreement with 

VA to allow the two parties to provide 

matching funds to cover a portion of the 

outstanding amount of established 

charges not covered under 38 U.S.C. 

chapter 3313(c)(1)(A). 

(b) Eligible individuals. This program 

is only available to individuals entitled 

to the 100 percent educational 

assistance rate (based on service 

requirements) as shown in the chart in 

§ 21.9640(a) or to their designated 

dependents using entitlement 

transferred under § 21.9570, who are 

pursuing training at an eligible IHL. 

(c) Eligible IHLs. This program is only 

available at IHLs located in the United 

States or at a branch of such IHL that is 

located outside the United States. 

(d) Agreements. VA will enter into an 

agreement with an eligible IHL located 

in the United States seeking to 

participate in the Yellow Ribbon 

Program based on a general agreement 

format developed by VA in which the 

IHL must agree to— 

(1) Provide contributions to eligible 

individuals who apply for such program 

at that institution (in a manner 

prescribed by the institution) on a firstcome-first-served basis, regardless of the 

rate at which the individual is pursuing 

training (i.e., full-time versus less than 

full-time), during the academic year; 

(2) Provide contributions during the 

current academic year and all 

subsequent academic years in which the 

IHL participates in the Yellow Ribbon 

Program and the student maintains 

satisfactory progress, conduct, and 

attendance according to the regularly 

prescribed standards of the institution; 

(3) Limit contributions made on 

behalf of a participant to funds under 

the unrestricted control of the IHL (e.g., 

a scholarship sent directly to an IHL on 

behalf of an individual or specific group 

of individuals from a third party may 

not be included in Yellow Ribbon 

Program contributions). Funds received 

directly or indirectly from Federal 

sources may not be counted toward 

contributions; 

(4) State the maximum number of 

individuals for whom contributions will 

be made during the academic year; 

(5) State the manner (whether by 

direct grant, scholarship, or otherwise) 

contributions will be made under the 

Yellow Ribbon Program; 

(6) State the maximum dollar amount 

of contributions that may be provided 

on behalf of any particular individual 

during the academic year regardless of 

the rate at which the individual is 

pursuing training. IHLs may specify 

different contributions amounts— 

(i) Based on student status (i.e. , 

undergraduate, graduate, doctoral), or 

(ii) For each subelement of the 

institution (i.e., college or professional 

school). The maximum amount 

specified for each subelement of the IHL 

will apply to all programs and 

disciplines offered under such 

subelement. 

(7) Provide the maximum amount of 

contributions payable toward the unmet 

established charges to all participating 

individuals during each term, quarter, 

or semester the individual is enrolled if 

the IHL’s total contribution toward the 

individual’s unmet established charges 

for the term, quarter, or semester, do not 

exceed the maximum dollar amount 

payable during the academic year as 

specified in paragraph (d)(6) of this 

section. 

(e) Centralized Agreements. IHLs with 

multiple campuses may enter into a 

single Yellow Ribbon Program 

Agreement if all participating branches 

and extensions— 

(1) Are listed in the agreement; 

(2) Are subject to the authority of the 

authorizing official signing the Yellow 

Ribbon Program Agreement; and 

(3) Have a certifying official or other 

employee who meets the requirements 

of § 21.4266(f)(3)(ii) and who has access 

to the terms of the Yellow Ribbon 

Program Agreement. 

(f) Matching Contributions. VA will 

match each dollar provided by the 

school on behalf of an individual; 

however, the combined amount of 

contributions under the Yellow Ribbon 

Program may not exceed the remaining 

amount of established charges not 

covered under 38 U.S.C. chapter 

3313(c)(1)(A). 

(g) Outreach. The most current list of 

colleges and universities participating 

in the Yellow Ribbon Program will be 

available at VA’s GI Bill Web site at 

http://www.gibill.va.gov. The list will 

include specific information on each 

school’s agreement with VA. 

(Authority: 38 U.S.C. 3317) 

Pursuit of Courses 

§ 21.9710 Pursuit. 

Except for an eligible individual 

seeking tuition assistance top-up or 

reimbursement for taking an approved 

licensing or certification test, an 

individual’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. 3323(c)) 

§ 21.9715 Advance payment certification. 

All certifications required by this 

section shall be in a form specified by 

the Secretary and shall contain such 

information as specified by the 

Secretary. An advance payment under 

this chapter is only permissible to an 

individual whose rate of pursuit is 

greater than half-time, and who is 


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entitled to the monthly housing 

allowance as provided in 

§ 21.9640(b)(1)(ii) or (b)(2)(ii). 

(a) Certification needed before an 

advance payment can be made. In order 

for an individual to receive an advance 

payment of the monthly housing 

allowance, an application or other 

document must be signed by the 

individual or the enrollment 

certification must be signed by an 

authorized official of the institution of 

higher learning. 

(Authority: 38 U.S.C. 3034(a), 3323(a), 

3680(d)) 

(b) Advance payments. All 

verifications required by this paragraph 

shall be in a form specified by the 

Secretary and shall contain such 

information as specified by the 

Secretary. 

(1) For each eligible individual 

receiving an advance payment, an 

institution of higher learning must— 

(i) Verify enrollment for the 

individual; and 

(ii) Verify the delivery of the advance 

payment check to the individual. 

(2) Once the institution of higher 

learning has initially verified the 

enrollment of the individual, the 

individual, not the institution of higher 

learning, must make subsequent 

verifications in order to release further 

payment for that enrollment as provided 

in § 21.9730. 

(Authority: 38 U.S.C. 3034(a), 3323(a), 

3680(d)) 

§ 21.9720 Certification of enrollment. 

Except as stated in § 21.9680, an 

institution of higher learning must 

certify an eligible individual’s 

enrollment before he or she may receive 

educational assistance. 

(a) Institutions of higher learning must 

certify most enrollments. VA does not, 

as a condition of payment of tuition 

assistance top-up or advance payment, 

require institutions of higher learning to 

certify the enrollments of eligible 

individuals who either are seeking 

tuition assistance top-up or, in the cases 

described in § 21.9715, are seeking an 

advance payment. VA does not require 

organizations or entities offering a 

licensing or certification test to certify 

that the eligible individual took the test. 

In all other cases, the institution of 

higher learning must certify the eligible 

individual’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 specified by the 

Secretary. 

(Authority: 38 U.S.C. 3014(b), 3031, 3034(a), 

3323(a), 3482(g), 3680, 3687, 3689, 5101(a)) 

(b) Length of the enrollment period 

covered by the enrollment certification. 

(1) Institutions of higher learning that 

offer courses on a term, quarter, or 

semester basis will 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 

institution of higher learning will report 

each term, quarter, or semester 

separately. 

(2) Institutions of higher learning 

organized on a year-round basis that do 

not offer courses on a term, quarter, or 

semester basis will report enrollment for 

the length of the course. The 

certification will include a report of the 

dates during which the institution of 

higher learning closes for any intervals 

designated in its approval data as breaks 

between school years. 

(3) When an eligible individual 

enrolls in a distance learning program 

leading to a standard college degree, the 

institution of higher learning’s 

certification will include— 

(i) The enrollment date; and 

(ii) The ending date for the period 

being certified. If the institution of 

higher learning 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(a), 3323(a), 3684) 

(Approved by the Office of Management 

and Budget under control number 2900– 

0073) 

§ 21.9725 Progress and conduct. 

(a) Satisfactory pursuit of program. In 

order to receive payments of 

educational assistance under 38 U.S.C. 

chapter 33 for pursuit of a program of 

education, an individual must maintain 

satisfactory progress. VA will 

discontinue payments of 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 

institution of higher learning he or she 

is attending. 

(Authority: 38 U.S.C. 3034(a), 3323(a), 3474) 

(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 institution of higher learning in 

which he or she is enrolled. If the 

individual will no longer be retained as 

a student or will not be readmitted as 

a student by the institution of higher 

learning in which he or she is enrolled, 

VA will discontinue educational 

assistance, unless further development 

establishes that the institution of higher 

learning’s action is wrongfully 

retaliatory in nature. 

(Authority: 38 U.S.C. 3034(a), 3323(a), 3474) 

(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 institution of higher 

learning in which he or she is enrolled. 

(Authority: 38 U.S.C. 3034(a), 3323(a), 3474) 

(d) Reentrance after discontinuance. 

(1) An eligible individual may be 

reentered following discontinuance 

because of unsatisfactory attendance, 

conduct, or progress when either: 

(i) The individual resumes enrollment 

at the same institution of higher 

learning in the same program of 

education and the institution of higher 

learning has both approved the 

individual’s reenrollment and certified 

it to VA; or 

(ii) VA determines that— 

(A) The cause of the unsatisfactory 

attendance, conduct or progress has 

been removed, and 

(B) The program that the individual 

now proposes to pursue is suitable to 

his or her aptitudes, interests, and 

abilities. 

(2) Reentrance may be for the same 

program, a revised program, or an 

entirely different program depending on 

the cause of the discontinuance and the 

removal of that cause. 

(Authority: 38 U.S.C. 3034(a), 3323(a), 3474) 

§ 21.9735 Other required reports. 

VA will apply the provisions of 

§ 21.7156 to individuals and institutions 

of higher learning under 38 U.S.C. 

chapter 33 as those provisions are 

applied to veterans and educational 

institutions under 38 U.S.C. chapter 30. 

(Authority: 38 U.S.C. 3034(a), 3323(a)) 

§ 21.9740 False, late, or missing reports. 

(a) Eligible individual. Payments may 

not be based on false or misleading 

statements, claims or reports. VA will 

apply the provisions of §§ 21.4006 and 

21.4007 to any individual who submits 

false or misleading claims, statements, 

or reports in connection with benefits 

payable under 38 U.S.C. chapter 33 in 

the same manner as they are applied to 

people who make similar false or 


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misleading claims for benefits payable 

under 38 U.S.C. chapter 36. 

(Authority: 38 U.S.C. 3034(a), 3323(a), 3680, 

3690, 6103) 

(b) Institution of higher learning. (1) 

VA may hold an institution of higher 

learning liable for overpayments that 

result from the institution of higher 

learning’s willful or negligent failure to 

report excessive absences from a course, 

discontinuance of a course, or 

interruption of a course by an 

individual or from willful or negligent 

false certification by the institution of 

higher learning. See § 21.9695(b). 

(2) If an institution of higher learning 

willfully and knowingly submits a false 

report or certification, VA may 

disapprove that institution of higher 

learning’s programs of education for 

further enrollments and may 

discontinue educational assistance to 

eligible individuals already enrolled. In 

doing so, VA will apply §§ 21.4210 

through 21.4216. 

(Authority: 38 U.S.C. 3034(a), 3323(a), 3690) 

§ 21.9745 Reporting fee. 

In determining the amount of the 

reporting fee payable to institutions of 

higher learning for furnishing required 

reports, VA will apply the provisions of 

§ 21.4206 in the same manner as they 

are applied in the administration of 38 

U.S.C. chapter 36. 

(Authority: 38 U.S.C. 3034(a), 3323(a), 3684) 

Course Assessment 

§ 21.9750 Course measurement. 

VA will calculate an individual’s rate 

of pursuit of an approved program of 

education during the individual’s 

period of enrollment in accordance with 

this section. For the purpose of this 

chapter, VA will consider any rate of 

pursuit higher than 50 percent to be 

more than one-half time training. 

(a) Measurement of courses reported 

in credit hours. If the courses are 

measured in credit hours, then the 

number of credit hours the individual is 

taking in a term, quarter, or semester 

will be divided by the minimum 

number of credit hours considered to be 

full-time pursuit in a term, quarter, or 

semester at the institution of higher 

learning as provided in paragraph (c) of 

this section. The resulting percentage 

will be the individual’s rate of pursuit. 

(b) Measurement of courses reported 

in clock hours. If the courses are 

measured in clock hours, VA will— 

(1) Convert the clock hours to 

equivalent credit hours by— 

(i) Adding the total number of clock 

hours pursued during the term, quarter 

or semester; 

(ii) Dividing the sum of paragraph 

(b)(1)(i) of this section by the total 

number of weeks in the term; and 

(iii) Multiplying the result of 

paragraph (b)(1)(ii) of this section 

rounded to the nearest hundredth by— 

(A) If the institution of higher learning 

measures courses using both credit and 

clock hours, the decimal determined by 

dividing the number of credit hours 

considered full-time at the institution by 

the number of clock hours considered 

full-time at the institution. 

(B) If the institution of higher learning 

only measures courses using clock 

hours, the decimal determined by 

dividing 14 credit hours by the number 

of clock hours considered full-time at 

the institution. 

(2) Divide the result of paragraph 

(b)(1) rounded to the nearest hundredth 

by the minimum number of credit hours 

considered to be full-time pursuit in a 

term, quarter, or semester as provided in 

paragraph (c) of this section. The 

resulting percentage will be the 

individual’s rate of pursuit. 

(c) Fourteen credit hours are full-time 

unless the institution of higher learning 

certifies that all undergraduate students 

enrolled for 13 credit hours, or for 12 

credit hours, are charged full-time 

tuition or are considered full-time for 

other administrative purposes. 

(d) High school courses. If an 

individual using transferred entitlement 

is eligible for pursuit of a secondary 

school diploma or equivalency 

certificate, VA will determine the rate of 

pursuit in accordance with this 

paragraph. For individuals pursuing 

high school courses measured in— 

(1) Credit hours, VA will use the 

formula in paragraph (a) of this section. 

(2) Clock hours, VA will use the 

formula in paragraph (b) of this section. 

(3) Units, VA will convert the units to 

credit hours as follows— 

(i) Divide the total number of units 

required for the program of education by 

4 (the number of ordinary school years 

generally required for completion); 

(ii) Round the result of paragraph 

(d)(3)(i) of this section to the nearest 

whole number. 

(iii) Multiply the result of paragraph 

(d)(3)(ii) of this section by: 

(A) 1.0 to determine the number of 

units required for a rate of pursuit equal 

to 100 percent. This number is 

equivalent to 14 credit hours; 

(B) .75 to determine the number of 

units required for a rate of pursuit equal 

to 75 percent. An individual will be 

considered to be enrolled in 10.5 credit 

hours for any number of units equal to 

or greater than the number determined 

in this paragraph but less than the 

number determined in paragraph 

(d)(3)(iii)(A) of this section; 

(C) .50 to determine the number of 

units required for a rate of pursuit equal 

to 50 percent. An individual will be 

considered to be enrolled in 7 credit 

hours for any number of units equal to 

or greater than the number determined 

in this paragraph but less than the 

number determined in paragraph 

(d)(3)(iii)(B) of this section; 

(D) .25 to determine the number of 

units required for a rate of pursuit equal 

to 25 percent. An individual will be 

considered to be enrolled in 3.5 credit 

hours for any number of units up to the 

number determined in paragraph 

(d)(3)(iii)(C) of this section. 

(Authority: 38 U.S.C. 3319(h)) 

Approval of Programs of Education 

§ 21.9765 Program of education approval. 

VA may provide educational 

assistance for pursuit of a program of 

education offered by an institution of 

higher learning if that program of 

education is approved under 38 U.S.C. 

chapter 30 in accordance with 

§§ 21.7220 and 21.7222. 

(Authority: 38 U.S.C. 3034(a), 3313(b), 

3323(a)) 

Administrative 

§ 21.9770 Administrative. 

In administering chapter 33, VA will 

apply the sections noted in paragraphs 

(a) through (f) of this section. For the 

purpose of application, the term 

‘‘veteran’’ as used in these sections is 

deemed to mean ‘‘an eligible individual 

under 38 U.S.C. chapter 33,’’ and the 

term ‘‘38 U.S.C chapter 30’’ as used in 

these sections is deemed to mean ‘‘38 

U.S.C. chapter 33’’. 

(a) Section 21.7301—Delegations of 

authority; 

(b) Section 21.7302—Finality of 

decisions; 

(c) Section 21.7303—Revision of 

decisions; 

(d) Section 21.7305—Conflicting 

interests; 

(e) Section 21.7307—Examination of 

records; and 

(f) Section 21.7310—Civil rights. 

(Authority: 38 U.S.C. 511, 512(a), 3034(a), 

3323(a), 3690, 3696) 

[FR Doc. E9–7052 Filed 3–30–09; 8:45 am] 

BILLING CODE 


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