5324 Federal Register / Vol. 90, No. 10 / Thursday, January 16, 2025 / Rules and Regulations 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 21 

RIN 2900–AQ88 

Post-9/11 Improvements, Fry 

Scholarship, and Interval Payments 

Amendments 

AGENCY: Department of Veterans Affairs. 

ACTION: Final rule. 

SUMMARY: The Department of Veterans 

Affairs (VA) is amending its regulations 

that govern VA’s administration of 

educational assistance programs to 

implement the provisions of the Post-9/ 

11 Veterans Educational Assistance 

Improvements Act of 2010, which 

modified the manner in which 

payments of educational assistance are 

determined and expanded the types of 

programs students may pursue under 

the Post-9/11 GI Bill; section 1002 of the 

Supplemental Appropriations Act, 

2009, which authorized the ‘‘Marine 

Gunnery Sergeant John David Fry 

Scholarship;’’ and a select number of 

provisions of the Harry W. Colmery 

Veterans Educational Assistance Act of 

2017. 

DATES: This rule is effective March 17, 

2025. 

FOR FURTHER INFORMATION CONTACT: 

Thomas Alphonso, Assistant Director, 

Policy and Procedures, Education 

Service, Department of Veterans Affairs, 

Veterans Benefits Administration (22), 

810 Vermont Avenue NW, Washington, 

DC 20420. Telephone: (202) 461–9800. 

(This is not a toll-free telephone 

number.) 

SUPPLEMENTARY INFORMATION: Under 

chapter 5 of title 38, United States Code 

(U.S.C.), the Secretary has the authority 

to prescribe rules and regulations which 

are appropriate and necessary to carry 

out the laws administered by VA. 

Accordingly, on May 24, 2023, VA 

published a proposed rule at 88 FR 

33672 to amend its regulations to 

implement section 1002 of the 

Supplemental Appropriations Act, 2009 

(Pub. L. 111–32), which amended 38 

U.S.C. chapter 33 to allow surviving 

children of active duty Servicemembers 

who died on or after September 11, 

2001, to receive educational assistance 

under the Post-9/11 GI Bill (chapter 33); 

the Post-9/11 Veterans Educational 

Assistance Improvements Act of 2010 

(Pub. L. 111–377), which amended the 

Post-9/11 GI Bill; six sections of the 

Harry W. Colmery Veterans Educational 

Assistance Act of 2017, or Forever GI 

Bill (Pub. L. 115–48); and a policy 

change to address how VA manages 

overpayments and discontinuance 

dates. VA provided a 60-day comment 

period, which ended on July 24, 2023, 

and received six comments on the 

proposed amendments. The comments 

are addressed below. 

Eligibility for Post-9/11 GI Bill Benefits 

and Time Limit for Transfer of 

Entitlement 

One commenter expressed the belief 

that all veterans—no matter the length 

of their service—should be entitled to 

Post-9/11 GI Bill benefits if they were 

not discharged early for disciplinary 

reasons. The commenter stated that 

individuals who served honorably but 

with less time in service than others are 

not afforded the same entitlement. The 

commenter also indicated that the 

rulemaking should expand the period 

individuals can transfer entitlement to 

their children. 

Requirements for payment of benefits 

are explicitly set by statute in 38 U.S.C. 

3311 and 3313. Payment of educational 

assistance is based on the length of an 

individual’s service as prescribed in 

sections 3311(b) and 3313(c). Generally, 

the greater the length of service, the 

greater the payment. Additionally, the 

time period for transferring benefits is 

explicitly set by statute in 38 U.S.C. 

3319. Under section 3319(f) an 

individual may transfer entitlement 

only while serving in the Armed Forces. 

VA does not have authority to change 

statutory requirements through 

regulatory action. 

Accordingly, VA makes no changes to 

the rule based on these comments. 

Expansion of Eligibility for Post-9/11 GI 

Bill Benefits for Individuals 

Two commenters recommended that 

the final rulemaking include revisions 

to allow more individuals the 

opportunity to obtain Post-9/11 GI Bill 

educational assistance benefits. One 

commenter suggested that VA should 

make the process to obtain these 

benefits easier and another suggested 

that individuals should be eligible for 

Post-9/11 GI Bill benefits regardless of 

when they attend school. This 

rulemaking implements the Post-9/11 

Veterans Educational Assistance 

Improvements Act of 2010, which 

among other things, greatly expanded 

the types of programs students may 

pursue under the Post-9/11 GI Bill and 

eligibility for these programs. The 

provisions also refine and enhance VA’s 

administration of Post-9/11 GI Bill 

educational assistance, improving the 

efficiency to deliver these benefits to 

claimants. Implementation of these 

provisions, as reflected in this 

rulemaking, will make provision of 

benefits easier and more efficient. 

Furthermore, under current law, 

individuals who were discharged on or 

after January 1, 2013, may use Post 9/ 

11 GI Bill benefits to attend school any 

time after discharge. Individuals who 

were discharged prior to that date have 

15 years from the date of discharge to 

use their benefits. 38 U.S.C. 3321(a). We 

have been implementing this law and 

will incorporate it into our regulations 

in a future rulemaking. 

As such, VA makes no changes to this 

rule based on these comments. 

Enhancement of the Definition of ‘‘InResidence Course’’ and of an 

Attendance and Participation 

Requirement 

One commenter suggested 

strengthening the definition of what 

constitutes an ‘‘on-site course,’’ stating 

that educational institutions offering 

‘‘hybrid’’ programs with only one 

residential class are actually distancelearning courses and that individuals 

enrolled in these hybrid programs 

should not be eligible for the payment 

of a full housing allowance when the 

majority of classes would be online and 

not ‘‘on-site.’’ (The commenter used the 

term ‘‘on-site course’’ to refer to what 

VA’s regulations define as an ‘‘inresidence course.’’) 

According to 38 U.S.C. 

3313(c)(1)(B)(i)(I), an individual who 

‘‘pursues a [degree] program of 

education on more than a half-time 

basis’’ is entitled to a monthly housing 

allowance based on ‘‘the campus of the 

institution of where the individual 

physically participates in a majority of 

classes.’’ However, 38 U.S.C. 

3313(c)(1)(B)(iii) expressly authorizes 

payment of a monthly housing 

allowance at half the national average of 

the monthly amount of the basic 

allowance for housing payable under 37 

U.S.C. 403 for a member with 

dependents in pay grade E–5 (which we 

will refer to as ‘‘the national average’’) 

for ‘‘an individual pursuing a [degree] 

program of education solely through 

distance learning on more than a halftime basis.’’ (Emphasis added.) 

Similarly, for an individual pursuing a 

non-degree program of education on a 

more than half-time basis, 38 U.S.C. 

3313(g)(3)(A)(ii)(I)(aa) provides a 

monthly housing allowance based on 

‘‘the campus of the institution of where 

the individual physically participates in 

a majority of classes.’’ But 38 U.S.C. 

3313(g)(3)(A)(ii)(I)(bb) authorizes 

payment of a monthly housing 

allowance at half that amount for ‘‘an 

individual pursuing a [non-degree] 

program of education through distance 


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Federal Register / Vol. 90, No. 10 / Thursday, January 16, 2025 / Rules and Regulations 5325 

learning’’ on more than a half-time basis 

without specifically requiring that 

pursuit be ‘‘solely through distance 

learning.’’ (Emphasis added.) 

VA faces several challenges in 

interpreting these statutory provisions. 

First, aspects of the statutory language at 

38 U.S.C. 3313(g)(3)(A)(ii)(I)(bb) are 

unworkable as literally drafted. That 

provision calculates the monthly 

housing allowance for individuals 

pursuing non-degree distance-learning 

programs by reference to 38 U.S.C. 

3313(g)(3)(A)(ii)(I)(aa), which is based 

on a locality (‘‘campus of the institution 

of where the individual physically 

participates in a majority of classes’’). 

However, it would be impossible to 

apply 38 U.S.C. 3313(g)(3)(A)(ii)(I)(bb) 

according to its literal terms because, for 

students in distance learning programs, 

there is no campus where the individual 

‘‘physically participates in a majority of 

classes.’’ 

Second, although 38 U.S.C. 

3313(c)(1)(B)(iii) refers to ‘‘an individual 

pursuing a program of education solely 

through distance learning’’ (emphasis 

added) and 38 U.S.C. 

3313(g)(3)(A)(ii)(I)(bb) refers to ‘‘an 

individual pursuing a program of 

education through distance learning’’ 

(omitting the word ‘‘solely’’), VA does 

not believe that Congress intended to 

attribute any significance to this 

omission because a strictly literal 

reading would have absurd and 

inequitable results. With respect to the 

specific scenario raised by the 

commenter, VA is concerned that it 

would be absurd and inequitable to pay 

the full housing allowance for an 

individual who is taking one on-site 

course as part of a degree program (and 

thus not ‘‘solely’’ through distance 

learning) but to pay only half the 

housing allowance for an individual 

who is taking one on-site course as part 

of a non-degree program (and thus also 

not ‘‘solely’’ through distance learning). 

To avoid this absurd and inequitable 

result, we have interpreted the language 

in section 3313(g)(3)(A)(ii)(I)(bb) as 

referring to an individual pursuing a 

non-degree program solely through 

distance learning, which is still 

consistent with the plain language of the 

statute, which refers to ‘‘an individual 

pursuing a [non-degree] program of 

education through distance learning.’’ 

Taking into account both of these 

interpretive challenges, the VA has 

concluded that the best reading of the 

statute is reflected in § 21.9641(c)(4), 

which provides that ‘‘[a]fter September 

30, 2011, an individual . . . , who is 

pursuing a program of education solely 

via distance learning at a rate of pursuit 

of greater than 50 percent, can receive 

a monthly housing allowance . . . equal 

to 50 percent of the [national average].’’ 

The interpretation reflected in this 

regulatory language best avoids absurd 

and illogically inequitable results. See 

Griffin v. Oceanic Contractors, Inc., 458 

U.S. 564, 575 (1982) (‘‘interpretations of 

a statute which would produce absurd 

results are to be avoided if alterative 

interpretations consistent with the 

legislative purpose are available’’). 

Consequently, all classes an individual 

takes must be online or otherwise 

characterized as distance learning for 

the individual to receive a monthly 

housing allowance at the rate of half the 

national average; otherwise, the 

individual would receive the full 

monthly housing allowance. In other 

words, if an individual takes only one 

‘‘on-site’’ class, that individual could 

still be eligible for the full monthly 

housing allowance. Because this 

regulation reflects the best reading of 

the statute, it would be beyond our 

authority to pay less than the full 

monthly housing allowance for 

programs that include as little as one 

online course as it would require 

statutory rather than regulatory action. 

We recognize that § 21.9641(c)(4) 

provides for a monthly housing 

allowance based on the national 

average, regardless of whether an 

individual is pursuing a degree or nondegree program. As noted above, 

Congress provided elsewhere in section 

3313 for payment of the monthly 

housing allowance for distance learning 

based upon the national average. Thus, 

we are calculating the rate for all 

distance-learning programs in a manner 

that is administratively feasible and 

consistent with the statutory scheme. 

Also, we plan to define ‘‘resident 

learning’’ in a separate rulemaking. As 

such, VA makes no change based on this 

comment. 

As for the commenter’s suggestion 

that the school attendance and 

participation requirements be enhanced, 

this rule makes changes that would 

ensure that an educational institution is 

not unjustly enriched by receiving 

payments when a student fails to attend 

or participate in class for which he or 

she is certified. Under current 

§ 21.9695(b)(3), an educational 

institution is liable for overpayments 

when an overpayment is the result of 

willful or negligent false certification by 

the educational institution, or willful or 

negligent failure to certify excessive 

absences from a course, discontinuance 

of a course, or interruption of a course 

by the eligible individual. Revised 

§ 21.9695(b)(3) will add that an 

educational institution is also liable for 

an overpayment of educational 

assistance paid on behalf of an 

individual when a student never attends 

classes for which he or she was certified 

(regardless of the reason for nonattendance), or completely withdraws 

from all courses on or before the first 

day of the certified period of 

enrollment. These added provisions will 

help ensure VA is not paying for 

education that is not provided. Thus, an 

‘‘enhanced attendance and participation 

requirement’’ is not necessary. 

Consequently, VA makes no changes 

based on this comment. 

Personal Claim 

One commenter referenced a personal 

claim and proceedings unrelated to this 

rulemaking. This comment is outside of 

the scope of this rulemaking, and VA 

makes no changes based on this 

comment. 

Terminology Correction 

A commenter noted that, in proposed 

§ 21.9676(d), the usage of the term 

‘‘veteran-nonveteran’’ is not accurate for 

purposes of the 85 percent requirement 

in 38 CFR 21.4201(a) or 38 U.S.C. 

3680A(d)(1), otherwise known as the 

‘‘85/15 rule.’’ The commenter pointed 

out that the 85/15 rule measures the 

number of students using VA or 

institutional funds versus those students 

who do not receive assistance from VA 

or the institution; and, therefore, the 

correct terminology is ‘‘supported 

students versus nonsupported students’’ 

rather than ‘‘veteran-nonveteran.’’ VA 

concurs with this comment and replaces 

the term ‘‘veteran-nonveteran’’ with 

‘‘supported students versus 

nonsupported students’’ in 

§ 21.9675(d)(5) and includes the term 

‘‘supported students versus 

nonsupported students’’ in new 

§ 21.9676(d)(5). 

Executive Orders 12866, 13563 and 

14094 

Executive Order 12866 (Regulatory 

Planning and Review) directs agencies 

to assess the 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 effects, and other advantages; 

distributive impacts; and equity). 

Executive Order 13563 (Improving 

Regulation and Regulatory Review) 

emphasizes the importance of 

quantifying both costs and benefits, 

reducing costs, harmonizing rules, and 

promoting flexibility. Executive Order 

14094 (Executive Order on Modernizing 

Regulatory Review) supplements and 

reaffirms the principles, structures, and 


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5326 Federal Register / Vol. 90, No. 10 / Thursday, January 16, 2025 / Rules and Regulations 

definitions governing contemporary 

regulatory review established in 

Executive Order 12866 and Executive 

Order 13563. The Office of Information 

and Regulatory Affairs has determined 

that this rulemaking is a significant 

regulatory action under Executive Order 

12866, section 3(f)(1), as amended by 

Executive Order 14094. The Regulatory 

Impact Analysis associated with this 

rulemaking can be found as a 

supporting document at 

www.regulations.gov. 

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, such as testing 

organizations or educational institutions 

that qualify as ‘‘small’’ using the most 

recent official revenue standards, the 

economic impact on them is minor. 

Educational institutions of all sizes 

voluntarily apply for approval to receive 

GI Bill benefits likely because tuition 

and fees revenue from student Veterans 

consists of guaranteed government 

funding (from U.S. taxpayer funds). 

However, if the cost for smaller 

educational institutions applying for GI 

Bill approval and meeting the 

requirements for continued approval 

were substantial, participating in the GI 

Bill program would not be financially 

viable. Because the policies 

memorialized in this final rule have 

been in effect for a long period of time 

and small institutions continue to seek 

and maintain GI Bill approval, likely 

profiting from this status, we conclude 

that the rules and policies in this final 

regulatory action do not significantly 

impact these entities. Furthermore, 

realizing that there are costs to 

educational institutions associated with 

their participation in GI Bill programs, 

Congress enacted Public Law 115–48, 

sec. 304, which increased the reporting 

fee payable to testing organizations and 

educational institutions for carrying out 

reporting requirements, as provided in 

38 U.S.C. 3684(c)(2), consequently 

further minimizing the economic impact 

on smaller educational and testing 

organizations. On this basis, the 

Secretary 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. Therefore, 

under 5 U.S.C. 605(b), the initial and 

final regulatory flexibility analysis 

requirements of 5 U.S.C. 603 and 604 do 

not apply. 

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. 

Paperwork Reduction Act of 1995 

This final rule includes provisions 

constituting a revision to current/valid 

collections of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3521). The revisions also 

require approval by the Office of 

Management and Budget (OMB). 

Accordingly, under 44 U.S.C. 3507(d), 

VA has submitted a copy of this 

rulemaking action to OMB for review 

and approval. VA received no 

comments on the revised collections of 

information. 

OMB has received the revised 

collections of information. OMB’s 

receipt of the revised collections of 

information is not an approval to 

conduct or sponsor an information 

collection under the Paperwork 

Reduction Act of 1995. In accordance 

with 5 CFR part 1320, the revised 

collections of information associated 

with this rulemaking are not approved 

by OMB at this time. OMB’s approval of 

the revised collections of information 

will occur within 30 days after the Final 

rulemaking publishes. If OMB does not 

approve the new collections of 

information as requested, VA will 

immediately remove the provision 

containing the related new collection of 

information or take such other action as 

is directed by OMB. 

The collections of information 

associated with this rulemaking are 

described immediately following this 

paragraph, under its respective title. 

Title: Application for Approval of an 

Institution of Higher Learning Facility; 

Institution of Higher Learning—Program 

Submission List; Application for 

Approval of Org Other Than Inst of 

Higher Learning. 

OMB Control No: 2900–0932. 

CFR Provision: 38 CFR 21.4259(b). 

• Summary of collection of 

information: Public Law 117–333 

section 11, enacted January 5, 2023, 

amended 38 U.S.C. 3672, ‘‘Approval of 

Courses’’. This law required VA to 

create and design two new uniform 

applications and any accompanying 

documentation for approval of courses 

of educational programs, and for those 

forms to be available for use by October 

1, 2023. These forms are completed by 

educational institutions, training 

establishments, and other organizations 

seeking approval of one or more 

programs of study for the payment of 

VA education benefits rendered to 

eligible beneficiaries. The institutions 

submit the forms to the State Approving 

Agencies (SAAs) of jurisdiction for their 

review. By law, each SAA has the 

authority to make such approvals in 

their respective state. VA contracts with 

SAAs in each state for this approval 

assessment work. There is some 

duplication of collection information 

found in the discontinued OMB 2900– 

0051 ‘‘State Approving Agency Reports 

and Notices’’ as required by 38 CFR 

21.4154, 4250(b), 21.4258 and 21.4259. 

However, there wasn’t an official 

uniform application available for use by 

all stakeholders; educational 

institutions, training establishments and 

SAAs to ensure the information 

collected was the same based on the 

type of educational institution seeking 

program and course approval. 

• Description of need for information 

and proposed use of information: The 

collection of information is necessary to 

ensure all entities have access to the 

same collection of information, thus 

making the approval assessment and 

enrollment certification process more 

efficient. 

• Description of likely respondents: 

SAAs, educational institutions, and 

training establishments. 

• Estimated total number of 

respondents: 8,800. 

• Estimated total number of 

responses: 8,800. 

• Estimated frequency of responses: 

Once. 

• Estimated average burden per 

response: 8 total hours. 

• Estimated total annual reporting 

and recordkeeping burden: VA 

estimates the total annual reporting and 

recordkeeping burden to be 70,400 

burden hours. Using the annual number 

of responses 8,800, VA estimates a total 

annual reporting and recordkeeping 

burden of 70,400 for respondents. 

• Estimated cost to respondents per 

year: VA estimates the annual cost to 

respondents to be $2,216,192 (70,400 

respondents × $31.48 *) 

* To estimate the total information 

collection burden cost, VA used the 

Bureau of Labor Statistics (BLS) median 

hourly wage for ‘‘all occupations’’ of 

$31.48 per hour. This information is 

available at: https://www.bls.gov/oes/ 

current/oes_nat.htm. 

Title: Dependents’ Application for VA 

Education Benefits. 


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OMB Control No: 2900–0098. 

CFR Provision: 38 CFR 21.9520(d), 

21.9530(f), 21.9691(e), 21.9691(h). 

• Summary of collection of 

information: The new collection of 

information in proposed 38 CFR 

21.9520(d), 21.9530(f), 21.9691(e), and 

21.9691(h) would require certain 

children to submit an application to 

establish eligibility for the Fry 

Scholarship, and certain individuals 

who must elect the Fry Scholarship or 

either Dependency and Indemnity 

Compensation (DIC) or Survivors’ and 

Dependents’ Educational Assistance 

(DEA) to submit an application to 

establish eligibility for the elected 

benefit. 

• Description of need for information 

and proposed use of information: The 

collection of information is necessary to 

pay benefits. The information collected 

will be used by VA to determine an 

individual’s eligibility for the Fry 

scholarship, DIC, or DEA. 

• Description of likely respondents: 

Individuals. 

• Estimated total number of 

respondents: 83,972. 

• Estimated frequency of responses: 

Once. 

• Estimated average burden per 

response: 45 minutes. 

• Estimated total annual reporting 

and recordkeeping burden: VA 

estimates the total annual reporting and 

recordkeeping burden to be 48,983 

burden hours. Using the annual number 

of responses 83,972, VA estimates a 

total annual reporting and 

recordkeeping burden of 48,983 hours 

for respondents. 

• Estimated cost to respondents per 

year: VA estimates the annual cost to 

respondents to be $1,982,578.92 (83,972 

respondents per year × 45 minutes per 

application)/60 × $31.48 *). 

* To estimate the total information 

collection burden cost, VA used the 

Bureau of Labor Statistics (BLS) median 

hourly wage for ‘‘all occupations’’ of 

$31.48 per hour. This information is 

available at: https://www.bls.gov/oes/ 

current/oes_nat.htm. 

Title: Application for Reimbursement 

of a National Exam Fee. 

OMB Control No: 2900–0706. 

CFR Provision: 38 CFR 21.9626(a)(3), 

21.9668, 21.9681(b)(5). 

• Summary of collection of 

information: The new collection of 

information in proposed 38 CFR 

21.9626(a)(3), 21.9668, 21.9681(b)(5) 

would require individuals to submit a 

claim and supporting documentation to 

be reimbursed for the cost of a national 

test for admission or a national test for 

credit. 

• Description of need for information 

and proposed use of information: The 

collection of information is necessary to 

pay benefits. The information collected 

will be used by VA to determine if an 

individual is eligible to receive 

reimbursement for a claimed national 

test, and to determine the amount of the 

reimbursement. 

• Description of likely respondents: 

Individuals. 

• Estimated total number of 

respondents: 310. 

• Estimated frequency of responses: 

Once. 

• Estimated average burden per 

response: 15 minutes. 

• Estimated total annual reporting 

and recordkeeping burden: VA 

estimates the total annual reporting and 

recordkeeping burden to be 78 burden 

hours. Using the annual number of 

responses 310, VA estimates a total 

annual reporting and recordkeeping 

burden of 78 hours for respondents. 

• Estimated cost to respondents per 

year: VA estimates the annual cost to 

respondents to be $2,440 (310 

respondents per year × 15 minutes per 

application × $31.48 *). 

* To estimate the total information 

collection burden cost, VA used the 

Bureau of Labor Statistics (BLS) median 

hourly wage for ‘‘all occupations’’ of 

$31.48 per hour. This information is 

available at: https://www.bls.gov/oes/ 

current/oes_nat.htm. 

Title: Application for Reimbursement 

of Licensing and Certification Fees. 

OMB Control No: 2900–0695. 

CFR Provision: 38 CFR 21.9667. 

• Summary of collection of 

information: The new collection of 

information in proposed 38 CFR 

21.9667 would require individuals to 

submit a claim to be reimbursed for the 

cost of licensing and certification tests. 

• Description of need for information 

and proposed use of information: The 

collection of information is necessary to 

pay benefits. The information collected 

will be used by VA to determine if an 

individual is eligible to receive 

reimbursement for a licensing and 

certification test, and to determine the 

amount of the reimbursement. 

• Description of likely respondents: 

Individuals. 

• Estimated total number of 

respondents: 4,210. 

• Estimated total number of 

responses: 12,630. 

• Estimated frequency of responses: 

On occasion. (3 responses per year). 

• Estimated average burden per 

response: 15 minutes. 

• Estimated total annual reporting 

and recordkeeping burden: VA 

estimates the total annual reporting and 

recordkeeping burden to be 3,158 

burden hours. Using the annual number 

of responses 12,630, VA estimates a 

total annual reporting and 

recordkeeping burden of 3,158 hours for 

respondents. 

• Estimated cost to respondents per 

year: VA estimates the annual cost to 

respondents to be $99,398 (12,630 

responses per year × 15 minutes per 

application × $31.48 *). 

* To estimate the total information 

collection burden cost, VA used the 

Bureau of Labor Statistics (BLS) median 

hourly wage for ‘‘all occupations’’ of 

$31.48 per hour. This information is 

available at: https://www.bls.gov/oes/ 

current/oes_nat.htm. 

Title: Monthly Certification for Flight 

Training. 

OMB Control No: 2900–0162. 

CFR Provision: 38 CFR 21.9641(b)(5). 

• Summary of collection of 

information: The new collection of 

information in proposed 38 CFR 

21.9641(b)(5) would require students 

pursuing flight training programs at 

non-IHLs to submit monthly 

certifications to receive payment for 

such pursuit. 

• Description of need for information 

and proposed use of information: The 

collection of information is necessary to 

pay benefits. The information collected 

will be used to determine whether the 

individual’s educational assistance 

should be continued without change, 

amended, or terminated, and to 

determine the effective date of such 

continuance, amendment, or 

termination. 

• Description of likely respondents: 

Individuals. 

• Estimated total number of 

respondents: 3,900. 

• Estimated total number of 

responses: 23,400. 

• Estimated frequency of responses: 

On occasion. (6 responses annually). 

• Estimated average burden per 

response: 30 minutes. 

• Estimated total annual reporting 

and recordkeeping burden: VA 

estimates the total annual reporting and 

recordkeeping burden to be 11,700 

burden hours. Using the annual number 

of responses 23,400, VA estimates a 

total annual reporting and 

recordkeeping burden of 11,700 hours 

for respondents. 

• Estimated cost to respondents per 

year: VA estimates the annual cost to 

respondents to be $368,316 (23,400 

responses per year × 30 minutes per 

application × $31.48 *). 

* To estimate the total information 

collection burden cost, VA used the 


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Bureau of Labor Statistics (BLS) median 

hourly wage for ‘‘all occupations’’ of 

$31.48 per hour. This information is 

available at: https://www.bls.gov/oes/ 

current/oes_nat.htm. 

Title: Certification of Lessons 

Completed. 

OMB Control No: 2900–0353. 

CFR Provision: 38 CFR 21.9641(b)(6). 

• Summary of collection of 

information: The new collection of 

information in proposed 38 CFR 

21.9641(b)(6) would require students 

pursuing correspondence training 

programs at non-IHLs to submit 

certification of lessons completed to 

receive payment for such pursuit. 

• Description of need for information 

and proposed use of information: The 

collection of information is necessary to 

pay benefits, which in the case of 

correspondence training, are based on 

the number of lessons completed. The 

information collected will be used by 

VA to determine the amount of 

educational assistance to be paid. 

• Description of likely respondents: 

Individuals. 

• Estimated total number of 

respondents: 154. 

• Estimated total number of 

responses: 616. 

• Estimated frequency of responses: 

Quarterly. 

• Estimated average burden per 

response: 10 minutes. 

• Estimated total annual reporting 

and recordkeeping burden: VA 

estimates the total annual reporting and 

recordkeeping burden to be 103 burden 

hours. Using the annual number of 

responses 616, VA estimates a total 

annual reporting and recordkeeping 

burden of 103 hours for respondents. 

• Estimated cost to respondents per 

year: VA estimates the annual cost to 

respondents to be $3,232 (616 responses 

per year × 10 minutes per application × 

$31.48 *). 

* To estimate the total information 

collection burden cost, VA used the 

Bureau of Labor Statistics (BLS) median 

hourly wage for ‘‘all occupations’’ of 

$31.48 per hour. This information is 

available at: https://www.bls.gov/oes/ 

current/oes_nat.htm. 

Title: Certification of Affirmation of 

Enrollment Agreement Correspondence 

Course. 

OMB Control No: 2900–0576. 

CFR Provision: 38 CFR 21.9641(b)(6). 

• Summary of collection of 

information: The new collection of 

information in proposed 38 CFR 

21.9641(b)(6) would require students 

pursuing correspondence training 

programs at non-IHLs to submit an 

affirmation of enrollment in a 

correspondence course to receive 

payment for such pursuit. 

• Description of need for information 

and proposed use of information: The 

collection of information is necessary to 

pay benefits. The information collected 

will be used by VA to ensure an 

individual is enrolled in a 

correspondence course following the 

signing of a contract. 

• Description of likely respondents: 

Individuals. 

• Estimated total number of 

respondents: 75. 

• Estimated frequency of responses: 

Annually. 

• Estimated average burden per 

response: 3 minutes. 

• Estimated total annual reporting 

and recordkeeping burden: VA 

estimates the total annual reporting and 

recordkeeping burden to be 4 burden 

hours. Using the annual number of 

responses 75 VA estimates a total 

annual reporting and recordkeeping 

burden of 4 hours for respondents. 

• Estimated cost to respondents per 

year: VA estimates the annual cost to 

respondents to be $118 (75 responses 

per year × 3 minutes per application × 

$31.48 *). 

* To estimate the total information 

collection burden cost, VA used the 

Bureau of Labor Statistics (BLS) median 

hourly wage for ‘‘all occupations’’ of 

$31.48 per hour. This information is 

available at: https://www.bls.gov/oes/ 

current/oes_nat.htm. 

Title: VA Enrollment Certification. 

OMB Control No: 2900–0073. 

CFR Provision: 38 CFR 21.9681(b)(1) 

and 21.9721. 

• Summary of collection of 

information: The new collection of 

information in proposed 38 CFR 

21.9681(b)(1) and 21.9721 would 

require an educational institution to 

certify a student’s enrollment in an 

approved program of education (other 

than a student seeking reimbursement 

for taking an approved licensure or 

certification test or a national test). 

• Description of need for information 

and proposed use of information: The 

collection of information is necessary to 

ensure a student is properly enrolled in 

an approved program of education 

before making any payments of 

educational assistance benefits. VA will 

use the information collected on VA 

Form 22–1999 to determine the amount 

of educational benefits payable to an 

individual during a period of 

enrollment or training. 

• Description of likely respondents: 

Individuals. 

• Estimated total number of 

respondents: 1,266,616. 

• Estimated total number of 

responses: 3,799,847. 

• Estimated frequency of responses: 

On occasion. (3 responses per year). 

• Estimated average burden per 

response: 10 minutes. 

• Estimated total annual reporting 

and recordkeeping burden: VA 

estimates the total annual reporting and 

recordkeeping burden to be 633,307 

burden hours. Using the annual number 

of responses 3,799,847, VA estimates a 

total annual reporting and 

recordkeeping burden of 633,307 hours 

for respondents. 

• Estimated cost to respondents per 

year: VA estimates the annual cost to 

respondents to be $19,936,530 

(3,799,847 responses per year × 10 

minutes per application × $31.48 *). 

* To estimate the total information 

collection burden cost, VA used the 

Bureau of Labor Statistics (BLS) median 

hourly wage for ‘‘all occupations’’ of 

$31.48 per hour. This information is 

available at: https://www.bls.gov/oes/ 

current/oes_nat.htm. 

Title: Yellow Ribbon Program 

Agreement. 

OMB Control No: 2900–0718. 

CFR Provision: 38 CFR 21.9700(b). 

• Summary of collection of 

information: The new collection of 

information in proposed 38 CFR 

21.9700(b) would include individuals 

who establish eligibility for the Fry 

Scholarship to receive benefits under 

the Yellow Ribbon Program. 

• Description of need for information 

and proposed use of information: The 

collection of information is necessary to 

provide IHLs with the opportunity to 

indicate their participation in the 

Yellow Ribbon Program and to allow 

IHLs to indicate the maximum number 

of students that will receive benefits 

under the program. VA will use the 

information collected to determine 

which IHLs will be participating in the 

Yellow Ribbon Program, the maximum 

number of individuals for whom the 

IHL will make contributions in any 

given academic year, and the maximum 

dollar amount of outstanding 

established charges that will be waived 

for each student based on student status 

(i.e., undergraduate, graduate, doctoral) 

or sub-element (i.e., college or 

professional school). 

• Description of likely respondents: 

Institutions of higher learning. 

• Estimated total number of 

respondents: 5,600. 

• Estimated frequency of responses: 

Once. 

• Estimated average burden per 

response: 14 hours. 

• Estimated total annual reporting 

and recordkeeping burden: VA 


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estimates the total annual reporting and 

recordkeeping burden to be 78,400 

burden hours. Using the annual number 

of responses 5,600, VA estimates a total 

annual reporting and recordkeeping 

burden of 78,400 hours for respondents. 

• Estimated cost to respondents per 

year: VA estimates the annual cost to 

respondents to be $2,468,032 (5,600 

responses per year × 14 hours per 

application × $31.48 *). 

* To estimate the total information 

collection burden cost, VA used the 

Bureau of Labor Statistics (BLS) median 

hourly wage for ‘‘all occupations’’ of 

$31.48 per hour. This information is 

available at: https://www.bls.gov/oes/ 

current/oes_nat.htm. 

Severability 

The purpose of this section is to 

clarify the agencies’ intent with respect 

to the severability of provisions of this 

final rule. Each provision that the 

agency is promulgating is capable of 

operating independently. If any 

provision of this rule is determined by 

judicial review or operation of law to be 

invalid, that partial invalidation will not 

render the remainder of this rule 

invalid. Likewise, if the application of 

any portion of this rule to a particular 

circumstance is determined to be 

invalid, the agencies intend that the rule 

remain applicable to all other 

circumstances. 

Congressional Review Act 

Under the Congressional Review Act, 

this regulatory action may result in ‘‘an 

annual effect on the economy of 

$100,000,000 or more,’’ 5 U.S.C. 804(2), 

and so is subject to the 60-day delay in 

effective date under 5 U.S.C. 801(a)(3). 

In accordance with 5 U.S.C. 801(a)(1), 

VA will submit to the Comptroller 

General and to Congress a copy of this 

Regulation and the Regulatory Impact 

Analysis (RIA) associated with the 

Regulation. 

List of Subjects in 38 CFR Part 21 

Administrative practice and 

procedure, Armed forces, Civil rights, 

Claims, Colleges and universities, 

Conflict of interests, Defense 

Department, 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, Veteran 

readiness. 

Signing Authority 

Denis McDonough, Secretary of 

Veterans Affairs, signed and approved 

this document on December 12, 2024, 

and authorized the undersigned to sign 

and submit the document to the Office 

of the Federal Register for publication 

electronically as an official document of 

the Department of Veterans Affairs. 

Luvenia Potts, 

Regulations Development Coordinator, Office 

of Regulation Policy & Management, Office 

of General Counsel, Department of Veterans 

Affairs. 

For the reasons stated in the 

preamble, the Department of Veterans 

Affairs amends 38 CFR part 21 as 

follows: 

PART 21—VETERAN READINESS AND 

EMPLOYMENT AND EDUCATION 

Subpart C—Survivors’ and 

Dependents’ Educational Assistance 

Under 38 U.S.C. Chapter 35 

■ 1. The authority citation for subpart C 

continues to read as follows: 

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

3566, and as noted in specific sections. 

■ 2. Amend § 21.3022 by: 

■ a. In paragraph (i), removing ‘‘and’’; 

■ b. In paragraph (j), removing the 

period and adding ‘‘; and’’ in its place; 

and 

■ c. Adding paragraph (k). 

The addition reads as follows: 

§ 21.3022 Nonduplication—programs 

administered by VA. 

* * * * * 

(k) Effective August 1, 2011, 10 U.S.C. 

510 (National Call to Service). 

* * * * * 

Subpart D—Administration of 

Educational Assistance Programs 

■ 3. The authority citation for subpart D 

continues 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. 

§ 21.4002 [Amended] 

■ 4. Amend § 21.4002, in paragraph (a), 

by removing ‘‘(See §§ 19.192 and 19.183 

of this chapter.)’’. 

■ 5. Amend § 21.4022 by: 

■ a. In paragraph (d), adding a 

semicolon at the end of the paragraph; 

■ b. In paragraph (k), removing the 

period and adding ‘‘; and’’ in its place; 

and 

■ c. Adding paragraph (l). 

The addition reads as follows: 

§ 21.4022 Nonduplication—programs 

administered by VA. 

* * * * * 

(l) Effective August 1, 2011, 10 U.S.C. 

510 (National Call to Service). 

* * * * * 

■ 6. Amend § 21.4138 by: 

■ a. Removing the parenthetical 

authority citation at the end of 

paragraphs (a), (b), and (e); 

■ b. Revising the heading for paragraph 

(f) introductory text; 

■ c. Removing the parenthetical 

authority citation at the end of 

paragraphs (f)(4)(ii), (f)(5)(ii), and 

(f)(6)(ii)(B); and 

■ d. Adding paragraphs (g) and (h). 

The revision and additions read as 

follows: 

§ 21.4138 Certifications and release of 

payments. 

* * * * * 

(f) Payment for intervals and 

temporary school closings before August 

1, 2011. * * * 

* * * * * 

(g) Payment for temporary school 

closings after July 31, 2011. (1) Subject 

to paragraph (g)(2) of this section, VA 

may authorize payment for a temporary 

school closing that occurs during a 

certified period of enrollment if the 

closing is due to an emergency 

(including a strike) or established policy 

based on an Executive order of the 

President. 

(2) An individual may not receive 

more than 4 weeks of payment for 

temporary school closings in any 12- 

month period. 

(3) The decision as to whether a 

school closing is permanent or 

temporary will be made by— 

(i) The director of the VA regional 

processing office of jurisdiction; or 

(ii) The Director, Education Service, if 

the emergency or established policy 

based on an Executive Order of the 

President results in the closing of 

schools in the jurisdiction of more than 

one VA regional processing office. 

(4) A school that disagrees with a 

decision made under paragraph (g)(3) 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, or the Director, Education 

Service, whoever made the decision 

under paragraph (g)(3) of this section, 

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 


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5330 Federal Register / Vol. 90, No. 10 / Thursday, January 16, 2025 / Rules and Regulations 

the initial decision based on an 

administrative review is final. The 

review will be conducted by the— 

(i) Director, Education Service, if the 

director of the VA regional processing 

office of jurisdiction made the initial 

decision to continue or discontinue 

payments. 

(ii) Under Secretary for Benefits, if the 

Director, Education Service, made the 

initial decision to continue or 

discontinue payments. 

(h) Authority. (1) Paragraph (a) of this 

section issued under the authority of 10 

U.S.C. 16136(b); 38 U.S.C. 3034, 

3680(d); 

(2) Paragraph (b) of this section issued 

under the authority of 38 U.S.C. 3034(c), 

3680(f); 

(3) Paragraph (e) of this section issued 

under the authority of 38 U.S.C. 5113, 

3680(b), 3680(c), 3680(g); 

(4) Paragraph (f) of this section issued 

under the authority of 38 U.S.C. 3680; 

(5) Paragraph (f)(5) of this section 

issued under the authority of 38 U.S.C. 

3680(a); 

(6) Paragraph (f)(6) of this section 

issued under the authority of 38 U.S.C. 

512, 3680(a); and 

(7) Paragraph (g) of this section issued 

under the authority of 38 U.S.C. 512, 

3680(a). 

* * * * * 

■ 7. Amend § 21.4150 by: 

■ a. Revising paragraph (c)(2) and 

removing the parenthetical authority 

citation at the end of the paragraph; 

■ b. Removing the parenthetical 

authority citation at the end of 

paragraphs (d) and (e); 

■ c. Revising paragraph (f) and 

removing the parenthetical authority 

citation at the end of the paragraph; 

■ d. Removing the parenthetical 

authority citation at the end of 

paragraph (g); and 

■ e. Adding paragraph (h). 

The revisions and addition read as 

follows: 

§ 21.4150 Designation. 

* * * * * 

(c) * * * 

(2) When VA has approval, 

disapproval, or suspension authority. 

* * * * * 

(f)(1) The Secretary is responsible for 

approving programs of education 

offered by any agency or instrumentality 

of the Federal Government. 

(2)(i) Effective August 1, 2011, subject 

to §§ 21.4201, 21.4203, 21.4251, 

21.4252, and 21.4253(d)(2) and (3), the 

following programs of education are 

deemed approved— 

(A) An accredited standard college 

degree program offered at a public or 

not-for-profit proprietary institution of 

higher learning that is accredited by a 

national or regional agency or 

organization recognized for that purpose 

by the Department of Education. 

(B) A flight training course approved 

by the Federal Aviation Administration 

that is offered by a certified pilot school 

that possesses a valid Federal Aviation 

Administration pilot school certificate 

or provisional pilot school certificate 

under 14 CFR part 141. 

(C) An apprenticeship program 

registered with the Office of 

Apprenticeship of the Employment 

Training Administration of the 

Department of Labor or a State 

apprenticeship agency recognized by 

the Office of Apprenticeship under 29 

U.S.C. 50, et seq. 

(D) A program of education leading to 

a secondary school diploma offered by 

a secondary school approved in the 

State in which it is operating. 

(E) A licensure test offered by a 

Federal, State, or local government. 

(ii) [Reserved] 

(h)(1) Paragraph (c)(2) of this section 

issued under the authority of 38 U.S.C. 

3671(b)(1); 

(2) Paragraph (d) of this section issued 

under the authority of 38 U.S.C. 512(a), 

3561(b); 

(3) Paragraph (e) of this section issued 

under the authority of 38 U.S.C. 3672(c); 

(4) Paragraph (f) of this section issued 

under the authority of 38 U.S.C. 3672(b); 

and 

(5) Paragraph (g) of this section issued 

under the authority of 38 U.S.C. 3689. 

* * * * * 

■ 8. Amend § 21.4151 by: 

■ a. Removing the parenthetical 

authority citation at the end of 

paragraphs (a) and (b); 

■ b. In paragraph (b)(5), removing ‘‘and’’ 

at the end of the paragraph; 

■ c. Redesignating paragraph (b)(6) as 

paragraph (b)(7); 

■ d. Adding new paragraph (b)(6); 

■ e. Removing the parenthetical 

authority citation at the end of 

paragraph (c); and 

■ f. Adding paragraph (d). 

The additions read as follows: 

§ 21.4151 Cooperation. 

* * * * * 

(b) * * * 

(6) Effective August 1, 2011, 

performing compliance and risk-based 

surveys and oversight (in accordance 

with the provisions in the State 

approving agency contract) without 

regard to whether the Secretary or the 

State approving agency approved the 

courses offered at the educational 

institution or the courses were deemed 

approved; and 

* * * * * 

(d)(1) Paragraph (a) of this section 

issued under the authority of 38 U.S.C. 

3673(a); 

(2) Paragraph (b) of this section issued 

under the authority of 38 U.S.C. 3672, 

3673, 3674, 3689; and 

(3) Paragraph (c) of this section issued 

under the authority of 38 U.S.C. 3673(b). 

■ 9. Amend § 21.4200 by adding 

paragraphs (mm) through (oo) following 

the parenthetical authority citation at 

the end of the section to read as follows: 

§ 21.4200 Definitions. 

* * * * * 

(mm) National test for admission. (1) 

A national test for admission is a test 

used for admission to an institution of 

higher learning or graduate school (such 

as the Scholastic Aptitude Test (SAT), 

Law School Admission Test (LSAT), 

Graduate Record Exam (GRE), and 

Graduate Management Admission Test 

(GMAT)). A list of national tests 

approved by VA can be found at: 

https://inquiry.vba.va.gov/weamspub/ 

buildSearchNE.do. 

(2) This paragraph (mm) issued under 

the authority of 38 U.S.C. 3452(b), 

3315A, 3501(a)(5). 

(nn) National test for credit. (1) A 

national test for credit is a test that 

provides an opportunity for course 

credit at an institution of higher 

learning (such as the Advanced 

Placement (AP) exam and College-Level 

Examination Program (CLEP)). A list of 

national tests approved by VA can be 

found at: https://inquiry.vba.va.gov/ 

weamspub/buildSearchNE.do. 

(2) This paragraph (nn) issued under 

the authority of 38 U.S.C. 3452(b), 

3315A, 3501(a)(5). 

(oo) We, us, our. When we use the 

terms we, us, or our, we mean the 

United States Department of Veterans 

Affairs. 

■ 10. Amend § 21.4206 by: 

■ a. Revising the introductory text; 

■ b. Removing the parenthetical 

authority citation at the end of 

paragraph (a); 

■ c. Revising paragraph (b) and 

removing the parenthetical authority 

citation at the end of the paragraph; 

■ d. Removing the parenthetical 

authority citation at the end of 

paragraphs (c) and (d); 

■ e. Revising paragraph (e) and 

removing the parenthetical authority 

citation at the end of the paragraph; and 

■ f. Adding paragraph (f). 

The revisions and addition read as 

follows: 


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§ 21.4206 Reporting fee. 

VA will pay annually to each 

educational institution furnishing 

education or to each joint 

apprenticeship training committee 

acting as a training facility under 10 

U.S.C. 510, chapter 1606, or chapter 

1607 or 38 U.S.C. 30, 32, 33, 35, or 36 

a reporting fee for required reports or 

certifications. The reporting fee will be 

paid as soon as feasible after the end of 

the calendar year. 

* * * * * 

(b) In computing the reporting fee, VA 

will not count an eligible individual 

whose only receipt of educational 

assistance during a calendar year was 

tuition assistance Top-Up under 38 

U.S.C. chapter 30, a rural relocation 

payment, or reimbursement for a 

national test for admission, national test 

for credit, or a licensing or certification 

test. 

* * * * * 

(e) Before VA will pay a reporting fee, 

an educational institution must certify 

that— 

(1) It has exercised reasonable 

diligence in determining whether it or 

any courses approved for VA education 

benefits offered by it meet all the 

applicable requirements of 10 U.S.C. 

510, chapter 1606, or chapter 1607 or 38 

U.S.C. 30, 32, 33, 35, or 36; 

(2) It will, without delay, report any 

failure to meet any requirement to VA; 

and 

(3) The reporting fees received after 

January 4, 2011, will be used solely for 

the purpose of making certifications for 

VA educational assistance under 10 

U.S.C. 510, chapter 1606, or chapter 

1607 or 38 U.S.C. 30, 32, 33, 35, or 36 

or for supporting programs for veterans. 

(f)(1) Paragraph (a) of this section 

issued under the authority of 10 U.S.C. 

16136(b); 38 U.S.C. 3034(a), 3241(a), 

3323(a), 3684(c); 

(2) Paragraph (b) of this section issued 

under the authority of 10 U.S.C. 

16136(b); 38 U.S.C. 3034(a), 3241(a), 

3323(a), 3684(c); 

(3) Paragraph (c) of this section issued 

under the authority of 10 U.S.C. 

16136(b); 38 U.S.C. 3034(a), 3241(a), 

3323(a), 3684(c); 

(4) Paragraph (d) of this section issued 

under the authority of 10 U.S.C. 

16136(b); 38 U.S.C. 3034(a), 3241(a), 

3323(a), 3684(c); and 

(5) Paragraph (e) of this section issued 

under the authority of 10 U.S.C. 

16136(b); 38 U.S.C. 3034(a), 3241(a), 

3323(a), 3684(c). 

* * * * * 

■ 11. Revise § 21.4235 to read as 

follows: 

§ 21.4235 Programs of education that 

include flight training. 

VA will use the provisions of this 

section to determine whether an 

individual may be paid educational 

assistance for pursuit of flight training. 

See § 21.4263 for approval of flight 

courses for VA training. 

(a) Eligibility. An individual who is 

otherwise eligible to receive educational 

assistance under 38 U.S.C. chapters 30, 

32, or 33, or a reservist eligible for 

educational assistance under 10 U.S.C. 

chapters 1606 or 1607, may receive 

educational assistance for flight training 

in an approved program of education 

provided that the individual meets the 

requirements of this paragraph (a). 

Except when enrolled in a ground 

instructor certification course or when 

pursuing flight training under paragraph 

(e) of this section, the individual must— 

(1) Possess a valid private pilot 

certificate or higher pilot certificate 

such as a commercial pilot certificate; 

(2) If enrolled in a course other than 

an Airline Transport Pilot (ATP) course, 

hold a second-class medical certificate 

on the first day of training and, if that 

course began before October 1, 1998, 

hold that certificate continuously during 

training; and 

(3) If enrolled in an ATP certification 

course, hold a first-class medical 

certificate on the first day of training 

and, if that course began before October 

1, 1998, hold that certificate 

continuously during training. 

(b) Pursuit of flight courses. (1) VA 

will pay educational assistance to an 

eligible individual for an enrollment in 

a commercial pilot certification course 

leading to Federal Aviation 

Administration certification for a 

particular category even if the 

individual has a commercial pilot 

certificate issued by the Federal 

Aviation Administration for a different 

category, since each category represents 

a different vocational objective. 

(2) VA will pay educational assistance 

to an eligible individual for an 

enrollment in an instrument rating 

course only if the individual 

simultaneously enrolls in a course 

required for a commercial pilot 

certificate for the category for which the 

instrument rating course is pursued or 

if, at the time of enrollment in the 

instrument rating course, the individual 

has a commercial pilot certificate issued 

by the Federal Aviation Administration 

for such category. The enrollment in an 

instrument rating course alone does not 

establish that the individual is pursuing 

a vocational objective, as required for 

VA purposes, since that rating equally 

may be applied to an individual’s 

private pilot certificate, only evidencing 

an intent to pursue a non-vocational 

objective. 

(3) VA will pay educational assistance 

to an eligible individual for an 

enrollment in a flight course other than 

an instrument rating course or a ground 

instructor course, including courses 

leading to an aircraft type rating, only if 

the individual has a commercial pilot 

certificate issued by the Federal 

Aviation Administration for the 

category to which the particular course 

applies. 

(4) VA will pay educational assistance 

to an eligible individual for an 

enrollment in a ground instructor 

certificate course, even though the 

individual does not have any other 

flight certificate issued by the Federal 

Aviation Administration, since the 

Federal Aviation Administration does 

not require a flight certificate as a 

prerequisite to ground instructor 

certification and ground instructor is a 

recognized vocational objective. 

(5) VA will not pay an eligible 

individual for simultaneous enrollment 

in more than one flight course, except 

as provided in paragraph (b)(2) of this 

section. 

(c) Some individuals are already 

qualified for a flight course objective. (1) 

The provisions of §§ 21.5230(a)(4), 

21.7110(b)(4), and 21.7610(b)(4), 

prohibiting payment of educational 

assistance for enrollment in a course for 

whose objective the individual is 

already qualified, apply to enrollments 

in flight courses. 

(2) A former military pilot with the 

equivalent of a commercial pilot 

certificate and an instrument rating may 

obtain a commercial pilot certificate and 

instrument rating from the Federal 

Aviation Administration without a 

flight exam within 12 months of release 

from active duty. Therefore, VA will 

consider such a veteran to be already 

qualified for the objectives of a 

commercial pilot certification course 

and an instrument rating course if begun 

within 12 months of the individual’s 

release from active duty. 

(d) Some flight courses are refresher 

training. The provisions of 

§§ 21.5230(c), 21.7020(b)(26), 

21.7122(b), 21.7520(b)(20), and 

21.7610(b)(4) that provide limitations on 

payment for refresher training that is 

needed to update an individual’s 

knowledge and skill in order to cope 

with technological advances while he or 

she was on active duty service apply to 

flight training. 

(1) An individual who held a Federal 

Aviation Administration certificate 

before or during active duty service may 

have surrendered that certificate or the 

Federal Aviation Administration may 


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have canceled it. The individual may 

receive the equivalent of the number of 

months of educational assistance 

necessary to complete the course that 

will qualify him or her for the same 

grade certificate. 

(2) A reservist is not eligible for 

refresher training unless he or she has 

had prior active duty. 

(e) Flight training at an institution of 

higher learning. (1) An individual who 

is eligible for educational assistance 

under 10 U.S.C. chapter 1606 or 1607 or 

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

exempt from the provisions of 

paragraphs (a)(2) through (c) of this 

section when his or her courses include 

flight training that is part of a program 

of education that leads to a standard 

college degree. 

(2) An individual described in 

paragraph (e)(1) of this section may 

pursue courses that may result in the 

individual eventually receiving 

recreational pilot certification or private 

pilot certification, provided that the 

courses also lead to a standard college 

degree. 

(f) Authority. (1) Paragraph (a) of this 

section issued under the authority of 10 

U.S.C. 16136(c); 38 U.S.C. 3034(d), 

3241(b); 

(2) Paragraph (b) of this section issued 

under the authority of 10 U.S.C. 

16136(b); 38 U.S.C. 3002(3)(A), 3034(a), 

3202(2)(A), 3241(a), 3241(b), 3452(b), 

3680A(a)(3); 

(3) Paragraph (c) of this section issued 

under the authority of 10 U.S.C. 

16136(b); 38 U.S.C. 3034(a), 3241(a), 

3241(b), 3471(4); 

(4) Paragraph (d) of this section issued 

under the authority of 10 U.S.C. 

16136(b); 38 U.S.C. 3002(3)(A), 

3034(a)(3), 3202(2)(A), 3241(a), 3241(b)); 

and 

(5) Paragraph (e) of this section issued 

under the authority of 10 U.S.C. 

16136(b); 38 U.S.C. 3002(3)(A), 

3034(a)(3), 3202(2)(A), 3241(a), 3241(b). 

■ 12. Amend § 21.4253 by: 

■ a. Removing the parenthetical 

authority citation at the end of 

paragraph (a); b. Revising paragraph (a) 

introductory text; 

■ c. Removing the parenthetical 

authority citation at the end of 

paragraphs (d)(1)(iv), (d)(3), (5), and (8), 

(d)(10)(ii), and (e)(1); and 

■ c. Adding paragraph (g). 

The revision and addition read as 

follows: 

§ 21.4253 Accredited courses. 

(a) General. All standard college 

degree courses offered at proprietary forprofit institutions and non-college 

degree courses offered at proprietary forprofit institutions and public or 

proprietary not-for-profit institutions 

may be approved as accredited courses 

if they meet one of the following 

criteria: 

* * * * * 

(g) Authority. (1) Paragraph (a) of this 

section issued under the authority of 38 

U.S.C. 3675(a); 

(2) Paragraphs (b) through (d)(1) of 

this section issued under the authority 

of 38 U.S.C. 3675(a), 3676(b); 

(3) Paragraphs (d)(2) and (3) of this 

section issued under the authority of 38 

U.S.C. 3675(b); 

(4) Paragraphs (d)(4) and (5) of this 

section issued under the authority of 38 

U.S.C. 3474, 3675); 

(5) Paragraphs (d)(6) through (8) of 

this section issued under the authority 

of 38 U.S.C. 3675(b), 3676(c)(1), (2), (3); 

(6) Paragraph (d)(9) of this section 

issued under the authority of 38 U.S.C. 

3675(b)(3), 3676(c), (f); and 

(7) Paragraph (e) of this section issued 

under the authority of 38 U.S.C. 3675. 

* * * * * 

■ 13. Amend § 21.4259 by: 

■ a. Revising paragraphs (a) and (b); 

■ b. Removing the parenthetical 

authority citation at the end of 

paragraph (e); 

■ c. Adding paragraph (f); and 

■ d. Removing the parenthetical 

authority citation under parenthetical 

‘‘(The Office of Management and Budget 

has approved the information collection 

provisions in this section under control 

number 2900–0051)’’. 

The revision and addition read as 

follows: 

§ 21.4259 Suspension or disapproval. 

(a) The appropriate State approving 

agency or the Secretary (whichever 

entity approved the program), after 

approving a program of education or 

licensing or certification test— 

(1) May suspend the approval of a 

program of education for new 

enrollments or for a licensing or 

certification test for a period not to 

exceed 60 days to allow the institution 

to correct any deficiencies if the 

evidence of record establishes that the 

program of education or licensing or 

certification test fails to meet any of the 

requirements for approval. 

(2) Will immediately disapprove the 

program of education or licensing or 

certification test if any of the 

requirements for approval are not being 

met and the deficiency cannot be 

corrected within a period of 60 days. 

(b)(1) Upon suspension or 

disapproval, the State approving agency 

or the Secretary, whichever suspended 

or disapproved the program of 

education, will notify the educational 

institution by certified or registered 

letter with a return receipt secured. It is 

incumbent upon the State approving 

agency or the Secretary to determine the 

conduct of the program of education 

and to take immediate appropriate 

action in each case in which it is found 

that the conduct of the program of 

education in any manner fails to comply 

with the requirements for approval. 

(2)(i) Each State approving agency 

will immediately notify VA of each 

program of education or licensing and 

certification test that it has suspended 

or disapproved. 

(ii) The Secretary will immediately 

notify the appropriate State approving 

agency of each program of education or 

licensing and certification test that it 

has suspended or disapproved. 

* * * * * 

(f) Paragraphs (a) through (e) of this 

section issued under the authority of 38 

U.S.C. 3679(d). 

■ 14. Amend § 21.4263 by revising 

paragraph (a) and removing the 

parenthetical authority citation at the 

end of the paragraph to read as follows: 

§ 21.4263 Approval of flight training 

courses. 

(a)(1) A flight program may be 

approved if— 

(i)(A) For 38 U.S.C. chapters 32 and 

35 and 10 U.S.C. chapters 1606 and 

1607, the flight courses that constitute 

the program of education meet Federal 

Aviation Administration standards for 

such courses and the Federal Aviation 

Administration and the State approving 

agency approve them; or 

(B) For 38 U.S.C. chapters 30 and 33, 

effective August 1, 2011, the flight 

program is deemed approved (A flight 

program will be deemed approved if it 

is approved by the Federal Aviation 

Administration and is offered by a 

certified pilot school that possesses a 

valid Federal Aviation Administration 

pilot school certificate or provisional 

pilot school certificate under 14 CFR 

part 141. Flight programs offered at 

flight schools listed in paragraphs (b)(2) 

and (3) of this section will not be 

approved for VA training under 38 

U.S.C. chapters 30 and 33); and 

(ii)(A) The flight training offered by a 

flight school is generally accepted as 

necessary for the attainment of a 

recognized vocational objective in the 

field of aviation; or 

(B) The flight training is offered by an 

institution of higher learning for credit 

towards a standard college degree 

program. 

(2) A State approving agency may 

approve a flight course only if a flight 

school or an institution of higher 

learning offers the course. A State 


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approving agency may not approve a 

flight course if an individual instructor 

offers it. 

(3) This paragraph (a) issued under 

the authority of 10 U.S.C. 16136(c), 

16166(c), 38 U.S.C. 3032(e), 3241(b), 

3672, 3676, 3680A. 

* * * * * 

■ 15. Amend § 21.4268 by: 

■ a. Revising paragraph (a) and 

removing the parenthetical authority 

citation at the end of the paragraph; 

■ b. Removing the parenthetical 

authority citation at the end of 

paragraphs (b) through (e); 

■ c. Adding paragraph (g); and 

■ d. Removing the parenthetical 

authority citation below the 

parenthetical ‘‘(The Office of 

Management and Budget has approved 

the information collection provisions in 

this section under control number 2900– 

0051)’’; and 

The revision and addition read as 

follows: 

§ 21.4268 Approval of licensing and 

certification tests. 

(a) Authority to approve licensing and 

certification tests—(1) Tests deemed 

approved. Effective August 1, 2011, a 

licensure test offered by a Federal, State, 

or local government is deemed 

approved in accordance with 

§ 21.4150(f). 

(2) VA approval. The Secretary of 

Veterans Affairs delegates to the Under 

Secretary for Benefits, and to personnel 

the Under Secretary for Benefits may 

designate within the Education Service 

of the Veterans Benefits Administration, 

the authority to approve licensing and 

certification tests and the organizations 

and entities offering the tests as 

provided in § 21.4250(c)(2)(vi). 

(3) State approving agency approval. 

Except for the licensing and certification 

tests and organizations or entities 

offering these tests that are approved 

under paragraphs (a)(1) and (2) of this 

section, the Secretary of Veterans Affairs 

delegates to each State approving 

agency the authority to approve 

licensing and certification tests and the 

organizations and entities offering these 

tests located within the State approving 

agency’s jurisdiction as provided in 

§ 21.4250(a). 

* * * * * 

(g) Authority. (1) Paragraph (a) of this 

section issued under the authority of 38 

U.S.C. 512(a), 3689(a)(2); 

(2) Paragraph (b) of this section issued 

under the authority of 38 U.S.C. 3689; 

(3) Paragraph (c) of this section issued 

under the authority of 38 U.S.C. 3689(c); 

(4) Paragraph (d) of this section issued 

under the authority of 38 U.S.C. 3689(c); 

(5) Paragraph (e) of this section issued 

under the authority of 38 U.S.C. 

3689(d); 

(6) Paragraph (f) of this section issued 

under the authority of 38 U.S.C. 3689. 

Subpart G—Post-Vietnam Era 

Veterans’ Educational Assistance 

Under 38 U.S.C. Chapter 32 

■ 16. The authority citation for subpart 

G continues to read as follows: 

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

and as noted in specific sections. 

■ 17. Amend § 21.5022 by: 

■ a. Removing the parenthetical 

authority citation at the end of 

paragraph (a)(1); 

■ b. In paragraph (a)(1)(ix), removing 

‘‘or’’; 

■ c. In paragraph (a)(1)(x), removing the 

period and adding ‘‘; or’’ in its place; 

■ d. Adding paragraph (a)(1)(xi); 

■ e. Removing the parenthetical 

authority citation at the end of 

paragraphs (a)(2) and (b); and 

■ f. Adding paragraph (c). 

The additions read as follows: 

§ 21.5022 Eligibility under more than one 

program. 

(a) * * * 

(1) * * * 

(xi) Effective August 1, 2011, 10 U.S.C 

510 (National Call to Service). 

* * * * * 

(c) Authority. (1) Paragraph (a)(1) of 

this section issued under the authority 

of 38 U.S.C. 3322(a), 3681(b), 3695; 

(2) Paragraph (a)(2) of this section 

issued under the authority of 38 U.S.C. 

3033(a), 3322(a); and 

(3) Paragraph (b) of this section issued 

under the authority of 38 U.S.C. 3034(a), 

3231, 3323(a). 

Subpart K—All Volunteer Force 

Educational Assistance Program 

(Montgomery GI Bill—Active Duty) 

■ 18. The authority citation for subpart 

K continues to read as follows: 

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

and as noted in specific sections. 

■ 19. Amend § 21.7143 by: 

■ a. In paragraph (a)(1)(ix), removing 

‘‘or’’; 

■ b. In paragraph (a)(1)(x), removing the 

period and adding ‘‘; and’’ in its place; 

■ c. Adding paragraph (a)(1)(xi); 

■ d. Adding reserved paragraph (a)(2); 

■ e. Removing the parenthetical 

authority citation at the end of 

paragraphs (b) and (c); and 

■ f. Adding paragraph (d). 

The additions read as follows: 

§ 21.7143 Nonduplication of educational 

assistance. 

(a) * * * 

(1) * * * 

(xi) Effective August 1, 2011, 10 

U.S.C. 510 (National Call to Service). 

(2) [Reserved] 

* * * * * 

(d) Authority. (1) Paragraphs (a) and 

(b) of this section issued under the 

authority of 10 U.S.C. 16136(b); 38 

U.S.C. 3033(a), 3681(b); and 

(2) Paragraph (c) of this section issued 

under the authority of 38 U.S.C. 3034, 

3681. 

Subpart L—Educational Assistance for 

Members of the Selected Reserve 

■ 20. The authority citation for subpart 

L continues 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. 

■ 21. Amend § 21.7642 by: 

■ a. Removing the parenthetical 

authority citation at the end of 

paragraph (a); 

■ b. In paragraph (a)(9), removing ‘‘or’’; 

■ c. In paragraph (a)(10), removing the 

period and adding ‘‘; and’’ in its place; 

■ d. Adding paragraph (a)(11); 

■ e. Removing the parenthetical 

authority citation at the end of 

paragraphs (c) through (e); and 

■ e. Adding paragraph (f). 

The additions read as follows: 

§ 21.7642 Nonduplication of educational 

assistance. 

(a) * * * 

(11) Effective August 1, 2011, 10 

U.S.C. 510 (National Call to Service). 

* * * * * 

(f) Authority. (1) Paragraph (a) of this 

section issued under the authority of 10 

U.S.C. 16136(b); 38 U.S.C. 3033(a), 

3241(a), 3322(a), 3681); 

(2) Paragraphs (b) and (c) of this 

section issued under the authority of 10 

U.S.C. 16134; Pub. L. 98–525); 

(3) Paragraph (d) of this section issued 

under the authority of 10 U.S.C. 

16136(b), 38 U.S.C. 3681; Public Law 

98–525; and 

(4) Paragraph (e) of this section issued 

under the authority of Sec. 4492(a), 

Public Law 102–484, 106 Stat. 2765– 

2766. 

Subpart P—Post-9/11 GI Bill 

■ 22. The authority citation for subpart 

P continues to read as follows: 

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

36 and as noted in specific sections. 

■ 23. Amend § 21.9505 by: 

■ a. Revising the section heading; 

■ b. In the introductory text, removing 

‘‘apply.’’ and adding in its place ‘‘apply 

to provisions effective before August 1, 

2011, unless otherwise noted.’’; 


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5334 Federal Register / Vol. 90, No. 10 / Thursday, January 16, 2025 / Rules and Regulations 

■ c. Revising the definition for ‘‘Active 

duty’’ and removing the parenthetical 

authority citation at the end of the 

definition; 

■ d. Adding in alphabetical order the 

definition for ‘‘Educational institution’’; 

■ e. Revising the definition for ‘‘Entry 

level and skill training’’ and removing 

the parenthetical authority citation at 

the end of the definition; 

■ f. Adding in alphabetical order the 

definition for ‘‘Fugitive felon’’; 

■ g. Adding a parenthetical with the 

OMB control number for the approval of 

the information collection immediately 

following the parenthetical authority 

citation at the end of the section. 

The revisions and additions read as 

follows: 

§ 21.9505 Definitions—for provisions 

effective before August 1, 2011. 

* * * * * 

Active duty means— 

(1) Full-time duty: 

(i) In the regular components of the 

Armed Forces; or 

(ii) Under a call or order to active 

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

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

(2) In the case of a member of the 

Army National Guard of the United 

States or the Air National Guard of the 

United States, in addition to service 

described in paragraph (1)(ii) of this 

definition, full-time service— 

(i) In the National Guard of a State for 

the purpose of organizing, 

administering, recruiting, instructing, or 

training the National Guard; or 

(ii) In the National Guard under 32 

U.S.C. 502(f) when authorized by the 

President or the Secretary of Defense for 

the purpose of responding to a national 

emergency declared by the President 

and supported by Federal funds. 

(3) Active duty does not include— 

(i) Any period during which the 

individual— 

(A) 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; or 

(B) Served as a cadet or midshipman 

at one of the service academies; or 

(C) 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. 

(ii) A period of service— 

(A) Required by an officer pursuant to 

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

or 

(B)(1) Required by an officer pursuant 

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

6959, or 9348; or 

(2) Effective for individuals entering 

into agreements after January 3, 2011, 

required by an officer pursuant to an 

agreement under 14 U.S.C. 1925. 

(C) That was terminated because the 

individual is considered a minor by the 

Armed Forces, was erroneously 

enlisted, or received a defective 

enlistment agreement; or 

(D) Counted for purposes of 

repayment of an education loan under 

10 U.S.C. chapter 109. 

(iii) A period of service after July 31, 

2011, used to establish eligibility under 

38 U.S.C. chapter 30 or 32, or 10 U.S.C. 

chapter 1606 or 1607. 

(3) This definition issued under the 

authority of 38 U.S.C. 101(21)(A), 

3301(1), 3311(d), 3322(b), (c); Public 

Law 111–377, 124 Stat. 4107–4108. 

* * * * * 

Educational institution has the same 

meaning as the term institution of higher 

learning as defined in § 21.4200(h) for 

training pursued prior to August 1, 

2011. 

(1) This definition issued under the 

authority of 38. U.S.C. 3323(a). 

(2) [Reserved] 

* * * * * 

Entry level and skill training means— 

(1) Basic Combat Training, Advanced 

Individual Training, and, effective 

January 4, 2011, One Station Unit 

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 and, for individuals 

entering service on or after January 4, 

2011, Skill Training (or so-called ‘‘A’’ 

School) for members of the Coast Guard. 

(6) This definition issued under the 

authority of 38 U.S.C. 3301(2). 

* * * * * 

Fugitive felon means an individual 

identified as such by Federal, State, or 

local law enforcement officials and who 

is a fugitive by reason of— 

(1) Fleeing to avoid prosecution for an 

offense, or an attempt to commit an 

offense, which is a felony under the 

laws of the place from which the person 

flees; 

(2) Fleeing to avoid custody or 

confinement after conviction for an 

offense, or an attempt to commit an 

offense, which is a felony under the 

laws of the place from which the person 

flees; or 

(3) Violating a condition of probation 

or parole imposed for commission of a 

felony under Federal or State law. 

(4) This definition issued under the 

authority of 38 U.S.C. 3323(c), 5313B. 

* * * * * 

(The Office of Management and Budget has 

approved the information collection 

provisions in this section under control 

number 2900–0154.) 

■ 24. Add § 21.9506 to read as follows: 

§ 21.9506 Definitions—for provisions 

effective after July 31, 2011. 

(a) For the purposes of this subpart 

(governing the administration and 

payment of educational assistance 

under 38 U.S.C. chapter 33), effective 

after July 31, 2011, unless otherwise 

noted, the following definitions apply. 

(See also additional definitions in 

§§ 21.1029 and 21.4200.) 

Academic year means the period of 

time beginning August 1st of each 

calendar year and ending July 31st of 

the subsequent calendar year. 

Active duty means— 

(i) Full-time duty: 

(B) In the regular components of the 

Armed Forces; orc 

(C) Under a call or order to active 

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

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

(ii) In the case of a member of the 

Army National Guard of the United 

States or the Air National Guard of the 

United States, in addition to service 

described in paragraph (i)(B) of this 

definition, full time service— 

(A) In the National Guard of a State 

for the purpose of organizing, 

administering, recruiting, instructing, or 

training the National Guard; or 

(B) In the National Guard under 32 

U.S.C. 502(f) when authorized by the 

President or the Secretary of Defense for 

the purpose of responding to a national 

emergency declared by the President 

and supported by Federal funds. 

(iii) Active duty does not include— 

(A) Any period during which the 

individual— 

(1) 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; or 

(2) Served as a cadet or midshipman 

at one of the service academies; or 

(3) 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. 

(B) A period of service— 

(1) Required by an officer pursuant to 

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

or 

(2)(i) Required by an officer pursuant 

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

6959, or 9348; or 


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(ii) Effective for individuals entering 

into agreements after January 3, 2011, 

required by an officer pursuant to an 

agreement under 14 U.S.C. 1925. 

(3) That was terminated because the 

individual is considered a minor by the 

Armed Forces, was erroneously 

enlisted, or received a defective 

enlistment agreement; or 

(4) Counted for purposes of 

repayment of an education loan under 

10 U.S.C. chapter 109. 

Advance payment means an amount 

of educational assistance payable under 

§ 21.9641(c) 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. 

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. 

Distance learning means the pursuit 

of a program of education via distance 

education as defined in 20 U.S.C. 

1003(7). 

Educational assistance means all 

monetary benefits (including but not 

limited to tuition, fees, and monthly 

housing allowances) 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 

Educational institution has the same 

meaning as the term institution of 

higher learning as defined in 

§ 21.4200(h). 

Enrollment period means a term, 

quarter, or semester during which the 

educational institution offers 

instruction. 

Entry level and skill training means— 

(i) For members of the Army— 

(A) Basic Combat Training, 

(B) Advanced Individual Training, 

and 

(C) Effective January 4, 2011, One 

Station Unit Training. 

(ii) For members of the Navy, Recruit 

Training (Boot Camp) and Skill Training 

(‘‘A’’ School). 

(iii) For members of the Air Force, 

Basic Military Training and Technical 

Training. 

(iv) For members of the Marine Corps, 

Recruit Training and Marine Corps 

Training (School of Infantry Training). 

(v) For members of the Coast Guard— 

(A) Basic Training; and 

(B) For individuals entering service 

on or after January 4, 2011, Skill 

Training (or so-called ‘‘A’’ School). 

Fees mean any mandatory charges 

(other than tuition, room, and board) 

that are applied by the educational 

institution 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. 

Fugitive felon means an individual 

identified as such by Federal, State, or 

local law enforcement officials and who 

is a fugitive by reason of— 

(i) Fleeing to avoid prosecution for an 

offense, or an attempt to commit an 

offense, which is a felony under the 

laws of the place from which the person 

flees; 

(ii) Fleeing to avoid custody or 

confinement after conviction for an 

offense, or an attempt to commit an 

offense, which is a felony under the 

laws of the place from which the person 

flees; or 

(iii) Violating a condition of probation 

or parole imposed for commission of a 

felony under Federal or State law. 

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 includes 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. 

Lump sum payment means an amount 

of educational assistance paid for the 

entire term, quarter, or semester. 

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. 

(i) An illness or mental illness of the 

individual; 

(ii) An illness or death in the 

individual’s family; 

(iii) An unavoidable change in the 

individual’s conditions of employment; 

(iv) An unavoidable geographical 

transfer resulting from the individual’s 

employment; 

(v) 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; 

(vi) Discontinuance of the course by 

the educational institution; 

(vii) Unanticipated active duty for 

training; or 

(viii) Unanticipated difficulties in 

caring for the individual’s child or 

children. 

Net cost means the amount of in-State 

tuition and fees the individual enrolled 

in a program of education is responsible 

for paying after the application of any— 

(i) Waiver of, or reduction in, tuition 

and fees; and 

(ii) Scholarship, or other Federal, 

State, institutional, or employer-based 

aid or assistance (other than loans and 

any funds provided under section 

401(b) of the Higher Education Act of 

1965) that is provided directly to the 

institution specificially designated for 

the sole purpose of reducing the 

individual’s tuition and fee charges. 

Non-public institution means a 

proprietary institution as defined in 

§ 21.4200(z). 

Program of education means a 

curriculum or combination of courses 

pursued at an educational institution 

that is accepted as necessary to meet the 

requirements for a predetermined and 

identified educational, professional, or 

vocational objective. Such term also 

means any curriculum or combination 

of courses pursued at an educational 

institution that is 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 

educational institution’s catalog and 

included in the approval notice 

provided by the State approving agency 

to VA in accordance with 

§ 21.4258(b)(iv). 

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 of the U.S. 


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Code, and must be necessary to reach 

the program’s objective. 

Rate of pursuit means the 

measurement obtained by dividing the 

number of course hours (or the 

equivalent hours as determined in 

§ 21.9750) that an individual is 

pursuing, including hours applied to 

refresher, remedial, and deficiency 

courses, by the number of hours 

considered to be full-time training at the 

educational institution. 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. 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. 

(b)(1)The Academic year definition in 

this section issued under the authority 

of 38 U.S.C. 3034(a), 3323(a), 3680(a); 

(2) The Active Duty definition in this 

section issued under the authority of 38 

U.S.C. 101(21)(A), 3301(1), 3311(d), 

3322(b), (c); Public Law 111–377, 124 

Stat. 4107–4108; 

(3) The Advance payment definition 

in this section issued under the 

authority of 38 U.S.C. 3034(a), 3323(a), 

3680(d); 

(4) The Course definition in this 

section issued under the authority of 38 

U.S.C. 3323(c); 

(5) The Distance learning definition in 

this section issued under the authority 

of 20 U.S.C. 1003(7); 38 U.S.C. 3323(c); 

(6) The Educational assistance 

definition in this section issued under 

the authority of 38 U.S.C. 3313; 

(7) The Educational institution 

definition in this section issued under 

the authority of 38. U.S.C. 3323(a); 

(8) The Enrollment period definition 

in this section issued under the 

authority of 38 U.S.C. 3034(a), 3323(a), 

3680(g); 

(9) The Entry level and skill training 

definition in this section issued under 

the authority of 38 U.S.C. 3301(2); 

(10) The Fees definition in this 

section issued under the authority of 38 

U.S.C. 501(a), 3323(c); 

(11) The Fugitive felon definition in 

this section issued under the authority 

of 38 U.S.C. 3323(c), 5313B; 

(12) The Institution of higher learning 

(IHL) definition in this section issued 

under the authority of 38 U.S.C. 3034(a), 

3313(b), 3323(a), 3452(f); 

(13) The Lump sum payment 

definition in this section issued under 

the authority of 38 U.S.C. 3323(c); 

(14) The Mitigating circumstances 

definition in this section issued under 

the authority of 38 U.S.C. 3034(a), 

3323(a), 3680(a)(1); 

(15) The Net cost definition in this 

section issued under the authority of 38 

U.S.C. 3313, 3323(c); 

(16) The Non-public institution 

definition in this section issued under 

the authority of 38 U.S.C. 3323(c); 

(17) The Program of education 

definition in this section issued under 

the authority of 38 U.S.C. 3034(a), 3301, 

3323(a), 3452(b); 

(18) The Pursuit definition in this 

section issued under the authority of 38 

U.S.C. 3034(a), 3323(a), 3680(g); 

(19) The Rate of pursuit definition in 

this section issued under the authority 

of 38 U.S.C. 3323, 3680; 

(20) The Transferor definition in this 

section issued under the authority of 38 

U.S.C. 3319. 

(The Office of Management and Budget has 

approved the information collection 

provisions in this section under control 

number 2900–0154.) 

■ 25. Revise § 21.9520 to reads as 

follows: 

§ 21.9520 Basic eligibility. 

An individual may establish 

eligibility for educational assistance 

under 38 U.S.C. chapter 33, if he or 

she— 

(a) Serves on active duty after 

September 10, 2001, for 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) or § 21.9641(a), 

whichever is applicable) 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)(i) Before January 4, 2011, is 

discharged or released from service for: 

(A) A medical condition that 

preexisted such service and is not 

determined to be service-connected; 

(B) Hardship, as determined by the 

Secretary of the military department 

concerned; or 

(C) 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; 

(ii) On or after January 4, 2011, is 

discharged or released from service with 

an honorable discharge for: 

(A) A medical condition that 

preexisted such service and is not 

determined to be service-connected; 

(B) Hardship, as determined by the 

Secretary of the military department 

concerned; or 

(C) 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 on active duty after 

September 10, 2001, for a minimum of 

30 continuous days and, after 

completion of such service, is 

discharged from active duty 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, if eligible for such 

benefits; 

(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 educational assistance under 38 

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


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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.’’); 

or 

(d) Is the child of a person who, after 

September 10, 2001, died in the line of 

duty while serving on active duty as a 

member of the Armed Forces. For 

purposes of this paragraph (d), the term 

‘‘child’’ means an individual who meets 

the requirements of § 3.57 of this 

chapter, except as to age and marital 

status. With regard to age and marital 

status, the term includes individuals 

who are— 

(1) Married; or 

(2) Over the age of 23. 

(e) Paragraphs (a) through (d) of this 

section issued under the authority of 38 

U.S.C. 3311; Public Law 110–252, 111– 

32, Stat. 1859, 2375–2376. 

(The Office of Management and Budget has 

approved the information collection 

provision in this section under control 

numbers 2900–0154 and 2900–0098.) 

§ 21.9525 [Amended] 

■ 26. Amend § 21.9525 by removing 

‘‘under § 21.9640(b)(1)(ii) or (b)(2)(ii)’’ 

wherever it appears and adding in its 

place ‘‘under § 21.9640(b)(1)(ii) or 

(b)(2)(ii) or § 21.9641(c)’’. 

■ 27. Amend § 21.9530 by: 

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

(e)’’ and adding in its place ‘‘through 

(f)’’; b. Removing the parenthetical 

authority citation at the end of 

paragraphs (c) through (e); 

■ c. Adding paragraphs (f) and (g); and 

■ d. Adding at the end of the section a 

parenthetical with the OMB control 

number for the approval of the 

information collection. 

The additions read as follows: 

§ 21.9530 Eligibility time limit. 

* * * * * 

(f) Time limit for child eligible under 

§ 21.9520(d) (Marine Gunnery Sergeant 

John David Fry Scholarship). (1) In the 

case of a child who first becomes 

entitled to educational assistance under 

§ 21.9520(d) before January 1, 2013, the 

period during which the child may use 

his or her entitlement expires the day 

the child turns 33; or 

(2) In the case of a child who first 

becomes entitled to educational 

assistance under § 21.9520(d) on or after 

January 1, 2013, the period during 

which the child may use his or her 

entitlement never expires. 

(g) Authority. (1) Paragraphs (a) 

through (c) of this section issued under 

the authority of 38 U.S.C. 3311(c), 3321; 

(2) Paragraph (d) of this section issued 

under the authority of 38 U.S.C. 3319; 

(3) Paragraph (e) of this section issued 

under the authority of 38 U.S.C. 3319; 

and 

(4) Paragraph (f) of this section issued 

under the authority of 38 U.S.C. 3321(b). 

(The Office of Management and Budget has 

approved the information collection 

provision in this section under control 

number 2900–0098.) 

■ 28. Revise § 21.9550 to read as 

follows: 

§ 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 has not used 

any entitlement under 38 U.S.C. chapter 

30 or has not revoked any months of 

chapter 30 entitlement by transferring to 

a dependent and who 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 

entitled to 36 months of educational 

assistance under chapter 33. 

(c) Except as provided in 

§§ 21.9560(d), 21.9561(g), 21.9570(m), 

21.9571(m), 21.9635(o), and 21.9636(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) 

■ 29. Amend § 21.9560 by revising the 

section heading and adding 

introductory text to read as follows: 

§ 21.9560 Entitlement charges—for 

provisions effective before August 1, 2011. 

For training that occurs before August 

1, 2011— 

* * * * * 

■ 30. Add § 21.9561 to read as follows: 

§ 21.9561 Entitlement charges—for 

provisions effective after July 31, 2011. 

For training that begins after July 31, 

2011— 

(a) Training pursued at an IHL. The 

entitlement charge for an individual 

pursuing training at an IHL will be one 

of the following: 

(1) During any period for which VA 

pays net costs or a Yellow Ribbon 

Program payment to the institution of 

higher learning on the individual’s 

behalf, the individual will be charged a 

percentage of a day equal to the 

individual’s rate of pursuit for each day 

of the certified enrollment period; 

(2) During any period for which VA 

does not pay net costs or a Yellow 

Ribbon Program payment to the 

institution of higher learning on the 

individual’s behalf but pays a monthly 

housing allowance or an increase 

(‘‘kicker’’) to the individual, the 

individual will be charged a percentage 

of a day equal to the individual’s rate of 

pursuit for each day of the certified 

enrollment period for each day the 

individual received a monthly housing 

allowance or an increase (‘‘kicker’’); and 

(3) During any period for which VA 

does not pay net costs or Yellow Ribbon 

Program payment to the institution of 

higher learning on the individual’s 

behalf or a monthly housing allowance 

or an increase (‘‘kicker’’) 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. 

(b) Training pursued at a non-college 

degree institution. The entitlement 

charge for an individual pursuing a 

certificate or other non-college degree at 

a non-college degree institution will be 

one of the following: 

(1) During any period for which VA 

pays tuition and fees to the non-college 

degree institution on the individual’s 

behalf, the individual will be charged 

entitlement equal to the number of 

months, and fraction thereof measured 

in days, determined by dividing the 

total amount paid by the amount equal 

to 1/12th of the amount applicable in 


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the academic year in which payment is 

made under § 21.9641(b)(3)(ii) or (iii). 

(2) During any period for which VA 

does not pay net costs to the non-college 

degree institution on the individual’s 

behalf but pays a monthly housing 

allowance or an increase (‘‘kicker’’) to 

the individual, the individual will be 

charged a percentage of a day equal to 

the individual’s rate of pursuit for each 

day of the certified enrollment period 

for each day the individual received a 

monthly housing allowance or an 

increase (‘‘kicker’’). 

(3) During any period for which VA 

does not pay net costs to the non-college 

degree institution on the individual’s 

behalf or a monthly housing allowance 

or an increase (‘‘kicker’’) 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. 

(c) Apprenticeship or other on-the-job 

training. For each month an individual 

is paid educational assistance while 

pursuing an approved apprenticeship or 

other on-the-job training program, VA 

will make a charge against entitlement 

of— 

(1) During the first 6-month period of 

the program, 1 month for each month of 

training pursued. 

(2) During the second 6-month period 

of the program, .80 of a month for each 

month of training pursued. 

(3) During the third 6-month period of 

the program, .60 of a month for each 

month of training pursued. 

(4) During the fourth 6-month period 

of the program, .40 of a month for each 

month of training pursued. 

(5) After the first 24 months of the 

program, .20 of a month for each month 

of training pursued. 

(d) Flight training. An individual 

pursuing a non-college degree program 

consisting of flight training will be 

charged entitlement equal to the number 

of months, and fraction thereof 

measured in days, determined by 

dividing the total amount paid by 1/ 

12th of the amount applicable in the 

academic year in which payment is 

made under § 21.9641(b)(5)(ii) or (iii). 

(e) Correspondence training. An 

individual pursuing a program of 

education by correspondence will be 

charged entitlement equal to the number 

of months, and fraction thereof 

measured in days, determined by 

dividing the total amount paid by 1/ 

12th of the amount applicable in the 

academic year in which payment is 

made under § 21.9641(b)(6)(ii) or (iii). 

(f) Licensing or certification tests and 

national tests. When an individual 

receives educational assistance for 

taking an approved licensing or 

certification test, national test for 

admission, or national test for credit, 

VA will make a charge against 

entitlement for each payment made to 

him or her. The charge will be 

determined by— 

(1) Dividing the total amount of the 

payment by— 

(i) For the academic year beginning 

August 1, 2011, $1460; or 

(ii) For the academic year beginning 

on any subsequent August 1, the 

amount for the previous academic year, 

as increased under 38 U.S.C. 3015(h) 

(but for a licensing or certification test 

the amount will not be greater than 

$2,000); and 

(2)(i) For tests taken prior to August 

1, 2018, rounding the result of 

paragraph (f)(1) of this section to the 

nearest whole month. The charge must 

be at least one month. 

(ii) For test taken on or after August 

1, 2018, multiplying the result of 

paragraph (f)(1) of this section by 30, 

rounding to the nearest whole day. The 

charge must be at least one day. 

(g) No entitlement charge. VA will not 

make a charge against an individual’s 

entitlement— 

(1) For tutorial assistance as provided 

under § 21.9685; or 

(2) For the rural relocation benefit as 

provided under § 21.9660; or 

(3) For receipt of a work-study 

allowance as provided under § 21.4145. 

(4) For pursuit of a course or courses 

when the individual— 

(i) Had to discontinue the course or 

courses as a result of being— 

(A) Ordered to active duty service 

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

12301(g), 12302, or 12304; or 

(B) While on active duty service, 

ordered to 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. 

(h) Interruption to conserve 

entitlement. An individual may not 

interrupt a certified period of 

enrollment for the purpose of 

conserving entitlement. An educational 

institution may not certify a period of 

enrollment for a fractional part of the 

normal term, quarter, or semester if the 

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 for the entire certified period 

of enrollment; or 

(3) The individual requests 

interruption or cancellation for any 

break when the 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 received 

a payment for educational assistance 

provided under this chapter for any part 

of the certified enrollment period. 

(i) 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 balance as 

determined in paragraph (i)(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 (i)(3)(ii) of this section from 

the amount of the original overpayment 

(exclusive of interest, administrative 


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costs of collection, court costs and 

marshal fees); and 

(iv) Multiplying the percentage 

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

section by the amount of entitlement 

otherwise chargeable for the period of 

the original overpayment. 

(j) Authority. (1) Paragraphs (a) 

through (f) of this section issued under 

the authority of 38 U.S.C. 3315, 3315A; 

(2) Paragraph (g)(1) of this section 

issued under the authority of 38 U.S.C. 

3314; 

(3) Paragraph (g)(2) of this section 

issued under the authority of 38 U.S.C. 

3318; 

(4) Paragraph (g)(3) of this section 

issued under the authority of 38 U.S.C. 

3485; 

(5) Paragraph (g)(4) of this section 

issued under the authority of 38 U.S.C. 

3312(c); 

(6) Paragraph (h) of this section issued 

under the authority of 38 U.S.C. 3323(c); 

and 

(7) Paragraph (i) of this section issued 

under the authority of 38 U.S.C. 3034(a), 

38 U.S.C. 3323(a), 3685. 

■ 31. Amend § 21.9570 by: 

■ a. Revising the section heading; 

■ b. In the introductory text, removing 

‘‘An individual’’ and adding in its place 

‘‘For training that occurs before August 

1, 2011, an individual’’; 

■ c. Adding a parenthetical with the 

OMB control number for the approval of 

the information collection at the end of 

the section. 

The revision and addition read as 

follows: 

§ 21.9570 Transfer of entitlement—for 

provisions effective before August 1, 2011. 

* * * * * 

(The Office of Management and Budget has 

approved the information collection 

provisions in this section under control 

number 2900–0154.) 

■ 32. Add § 21.9571 to read as follows: 

§ 21.9571 Transfer of Entitlement—for 

provisions effective after July 31, 2011. 

For training that occurs after July 31, 

2011, an individual entitled to 

educational assistance under 38 U.S.C. 

chapter 33 based on his or her own 

service as a member of the Uniformed 

Services, 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 using transferred 

entitlement in the same manner as they 

apply to the individual from whom 

entitlement was transferred. 

(1) Definitions. Section 21.9506— 

Definitions—for provisions effective 

after July 31, 2011. 

(2) Claims and applications. Section 

21.9510—Claims, VA’s duty to assist, 

and time limits. 

(3) Eligibility. (i) Section 21.9530— 

Eligibility time limit, paragraphs (d) and 

(e) of this section 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. 

(4) Entitlement. (i) Section 21.9550— 

Entitlement; 

(ii) Section 21.9561—Entitlement 

charges—for provisions effective after 

July 31, 2011. 

(5) Counseling. (i) Section 21.9580— 

Counseling; 

(ii) Section 21.9585—Travel expenses. 

(6) Approved programs of education 

and courses. (i) Section 21.9591— 

Approved programs of education and 

courses—for provisions effective after 

July 31, 2011; 

(ii) Section 21.9601—Overcharges— 

for provisions effective after July 31, 

2011. 

(7) Payments—Educational 

assistance. (i) Section 21.9620— 

Educational assistance; 

(ii) Section 21.9626—Beginning 

dates—for provisions effective after July 

31, 2011, except for paragraphs (e), (g), 

(h), (k), or (l) of this section; 

(iii) Section 21.9630—Suspension or 

discontinuance of payments; 

(iv) Section 21.9636—Discontinuance 

dates—for provisions effective after July 

31, 2011, except for paragraphs (o) and 

(v) of this section; 

(v) Section 21.9660—Rural relocation 

benefit; 

(vi) Section 21.9667—Reimbursement 

for licensing or certification tests—for 

provisions effective after July 31, 2011; 

(vii) Section 21.9668— 

Reimbursement for national tests; 

(viii) Section 21.9670—Work-study 

allowance; 

(ix) Section 21.9676—Conditions that 

result in reduced rates or no payment— 

for provisions effective after July 31, 

2011; 

(x) Section 21.9681—Certifications 

and release of payments—for provisions 

effective after July 31, 2011; 

(xi) Section 21.9685—Tutorial 

assistance; 

(xii) Section 21.9691— 

Nonduplication of educational 

assistance—for provisions effective after 

July 31, 2011; 

(xiii) 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 

(xiv) Section 21.9700—Yellow Ribbon 

Program. 

(8) Pursuit of courses. (i) Section 

21.9710—Pursuit; 

(ii) Section 21.9715—Advance 

payment certification; 

(iii) Section 21.9721—Certification of 

enrollment—for provisions effective 

after July 31, 2011; 

(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. 

(9) Course assessment. Section 

21.9750—Course measurement. 

(10) Administrative. Section 

21.9770—Administrative. 

(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 

paragraph(d)(1) of this section 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. 

(c) Timeframe during which an 

individual may transfer entitlement. An 

individual approved by his or her 

department to transfer entitlement may 

do so at any time while serving as a 

member of the uniformed services, 

subject to the transferor’s 15-year period 

of eligibility as provided in § 21.9530. 

(d) Designating dependents; 

designating the amount to transfer; and 

period of transfer. (1) An individual 

transferring entitlement under this 

section must: 


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(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. 

The designated beginning date may not 

be earlier than the date the individual 

requests approval from his or her 

service department. 

(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 (iii) of this section. 

(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 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. 

(f) Revocation of transferred 

entitlement. (1) A transferor may revoke 

any unused portion of transferred 

entitlement (transferred entitlement is 

‘‘used’’ in the amount of the entire 

enrollment period on the first day of the 

enrollment period; therefore, a 

transferor cannot revoke the entitlement 

used for an enrollment period after the 

enrollment period has begun) at any 

time by submitting a written notice to 

both the Secretary of Veterans Affairs 

and the Secretary of the department 

concerned that initially approved the 

transfer of entitlement. VA will accept 

a copy of the written notice addressed 

to the Secretary of the department 

concerned 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 department 

concerned receives the notice of 

revocation. 

(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, 

except that a modification of a 

beginning date under paragraph 

(d)(1)(iii) of this section must be 

effective on or after the date the 

modification is submitted. Any 

modification made will apply only with 

respect to unused transferred 

entitlement (transferred entitlement is 

‘‘used’’ in the amount of the entire 

enrollment period on the first day of the 

enrollment period; therefore, a 

transferor cannot revoke the entitlement 

used for an enrollment period after the 

enrollment period has begun). The 

transferor must submit a written notice 

to both the Secretary of Veterans Affairs 

and the Secretary of the department 

concerned that initially approved the 

transfer of entitlement. VA will accept 

a copy of the written notice addressed 

to the department as sufficient written 

notification to VA. 

(2) The modification will be effective 

the later of— 

(i) The date VA receives the notice of 

modification; or 

(ii) The date the department 

concerned receives the notice of 

modification. 

(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. 

(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. 

(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). 

(k) Rate of payment of educational 

assistance. VA will apply the rules in 

§ 21.9641 (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 § 21.9641 if the dependent’s 

months of entitlement will exhaust 

during the certified enrollment period, 

by— 

(i) Determining the amount of 

payment for the net cost of tuition and 

fees 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 

payment for the net cost of tuition and 

fees 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 § 21.9571; and 

(ii) Discontinuing the dependent’s 

monthly housing allowance effective as 

of the date the dependent’s months and 

days of entitlement exhausts. 

(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 uniformed services 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 department 

concerned determines is not serviceconnected; 

(C) A hardship, as determined by the 

Secretary of the department 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 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 


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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. 

(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 are not subject to the 48-month 

limit on training provided for in 

§ 21.4020 when combining transferred 

entitlement with their own entitlement 

earned 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-month limit on 

training will apply. 

(n) Authority. (1) Paragraph (a)(1) 

through (a)(7)(xiii) of this section issued 

under the authority of 38 U.S.C. 3319; 

(2) Paragraph (a)(7)(xiv) of this section 

issued under the authority of 38 U.S.C. 

3317; 

(3) Paragraph (a)(8) through (10) of 

this section issued under the authority 

of 38 U.S.C. 3319; 

(4) Paragraphs (b) through (k) of this 

section issued under the authority of 38 

U.S.C. 3319; 

(5) Paragraph (l) of this section issued 

under the authority of 38 U.S.C. 3034(a), 

3311(c)(4), 3319); and 

(6) Paragraph (m) of this section 

issued under the authority of 38 U.S.C. 

3034(a), 3319, 3322, 3323(a), 3695). 

(The Office of Management and Budget has 

approved the information collection 

provisions in this section under control 

number 2900–0154.) 

■ 33. Amend § 21.9590 by revising the 

section heading and adding 

introductory text to read as follows: 

§ 21.9590 Approved programs of 

education and courses—for provisions 

effective before August 1, 2011. 

For training that occurs prior to 

August 1, 2011— 

* * * * * 

■ 34. Add § 21.9591 to read as follows: 

§ 21.9591 Approved programs of 

education and courses—for provisions 

effective after July 31, 2011. 

For training that begins on or after 

August 1, 2011— 

(a) Basis for education assistance 

payments. 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; 

(4) Have taken an approved licensing 

or certification test, national test for 

admission, or national test for credit 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 tuition and 

fees not covered by military tuition 

assistance. 

(b) Approval of the selected program 

of education. Subject to paragraph (a) of 

this section, 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 § 21.9506; 

(2) Except for a program consisting of a 

licensing or certification test, a national 

test for admission, or a national test for 

credit, the program has an educational, 

vocational, or professional objective as 

described in § 21.7020(b)(13) or (22); 

(3) The courses, subjects, licensing or 

certification tests, national tests for 

admission, or national tests for credit 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, 

or for a program consisting of a national 

test for admission or a national test for 

credit, the individual is not already 

qualified for the objective of the 

program. 

(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) Authority. (1) Paragraph (a) of this 

section issued under the authority of 38 

U.S.C. 3313, 3315, 3315A, 3323(a), 

3689; and 

(2) Paragraph (b) of this section issued 

under the authority of 38 U.S.C. 3034(a), 

3323(a), 3471, 3689. 

■ 35. Amend § 21.9600 by revising the 

section heading and adding 

introductory text to read as follows: 

§ 21.9600 Overcharges—for provisions 

effective before August 1, 2011. 

The provisions of this section apply to 

enrollment periods that begin before 

August 1, 2011. 

* * * * * 

■ 36. Add § 21.9601 to read as follows: 

§ 21.9601 Overcharges—for provisions 

effective after July 31, 2011. 

The provisions of this section apply to 

enrollment periods that begin after July 

31, 2011. 

(a) Overcharges by educational 

institutions may result in the 

disapproval of enrollments. VA may 

disapprove an educational institution 

for further enrollments if the 

educational institution charges an 

individual, or receives from an 

individual or from VA on behalf of an 

individual, an amount for tuition and 

fees that exceeds the tuition and fees 

that the educational institution requires 

from similarly circumstanced 

individuals enrolled in the same course. 

(b) Overcharges by organizations or 

entities offering licensing or certification 

tests, national test for admission, or 

national tests for credit may result in 

disapproval of tests. VA may disapprove 

an organization or entity offering a 

licensing or certification test, national 

test for admission, or national test for 

credit, when the organization or entity 

offering the test charges an individual, 

or receives from an individual, an 

amount for fees that exceeds the fees 

that the organization or entity requires 

from similarly circumstanced 

individuals taking the same test. 

(c) Authority. (1) Paragraph (a) of this 

section issued under the authority of 38 

U.S.C. 3034(a), 3323(a), 3690(a); and 

(2) Paragraph (b) of this section issued 

under the authority of 38 U.S.C. 3034(a), 

3323(a), 3689(d), 3690(a). 

■ 37. Revise § 21.9620 to read as 

follows: 

§ 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 

and 21.9641. 

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

3317) 

■ 38. Amend § 21.9625 by: 

■ a. Revising the section heading; 

■ b. In the introductory text, removing 

‘‘VA will determine’’ and adding in its 


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place ‘‘For a claim submitted during the 

period beginning August 1, 2009, and 

ending July 31, 2011, VA will 

determine’’; and. 

■ c. Adding paragraph (m). 

The revision and addition read as 

follows: 

§ 21.9625 Beginning dates—for provisions 

effective before August 1, 2011. 

* * * * * 

(m) Fugitive felons. An award of 

educational assistance to an otherwise 

eligible veteran, person, or dependent of 

a veteran will begin effective the date 

the individual ceases to be a fugitive 

felon, as shown by evidence, which may 

include evidence that a warrant for an 

offense involving flight is resolved by– 

(1) Arrest; 

(2) Surrendering to the issuing 

authority; 

(3) Dismissal; or 

(4) Court documents (dated after the 

warrant for the arrest of the felon) 

showing the individual is no longer a 

fugitive. 

(5) This paragraph (m) issued under 

the authorityof 38 U.S.C. 3323(c), 

5313B. 

■ 39. Add § 21.9626 to read as follows: 

§ 21.9626 Beginning dates—for provisions 

effective after July 31, 2011. 

For a claim submitted after July 31, 

2011, VA will determine the beginning 

date of an award or increased award of 

educational assistance under this 

section. In no case will the beginning 

date be earlier than August 1, 2009, or 

for training pursued at non-degree 

institutions before October 1, 2011. 

When more than one paragraph in this 

section applies, VA will award 

educational assistance using the latest of 

the applicable beginning dates. 

(a) Entrance or reentrance including 

change of program or educational 

institution. When an eligible individual 

enters or reenters into training 

(including a reentrance following a 

change of program or educational 

institution), 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, a national test for 

admission, or a national test for credit. 

(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 educational 

institution certifies under paragraph (b) 

or (c) of this section; 

(B) One year before the date of claim 

as determined by § 21.1029(b); 

(C) The effective date of the approval 

of the program of education; 

(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 educational 

institution 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. 

(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) When the claim for 

reimbursement for the cost of the test is 

submitted within 1 year of the date the 

test is taken. 

(3) For a national test for admission 

or a national test for credit. VA will 

award educational assistance for the 

cost of a national test for admission or 

a national test for credit only when the 

eligible individual takes such test after 

July 31, 2011— 

(i) While the test is approved under 

38 U.S.C. chapter 36; 

(ii) While the individual is eligible for 

educational assistance under this 

chapter; and 

(iii) When claim for reimbursement 

for the cost of the test is submitted 

within 1 year of the date the test is 

taken. 

(b) Certification for program of 

education offered at an IHL. (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 educational 

institution. 

(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) through 

(5) of this section. 

(3) When the individual enrolls in a 

resident course whose first scheduled 

class begins on or after the eighth 

calendar day 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. 

(c) Certification for program of 

education offered by a non-college 

degree educational institution. (1) 

Except as provided in paragraphs (c)(2) 

and (3) of this section, when an eligible 

individual enrolls at a non-college 

degree educational institution, the 

beginning date of the award of 

educational assistance will be the later 

of— 

(i) The date determined in paragraph 

(b) of this section; or 

(ii) October 1, 2011. 

(2) When an eligible individual 

enrolls at a non-degree educational 

institution 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; 

(ii) The date of affirmance (as defined 

in § 21.7020(b)(36)); or 

(iii) October 1, 2011. 

(3) When an individual enrolls in a 

program of apprenticeship or other onthe-job training, the beginning date of 

the award of educational assistance will 

be the later of— 

(i) The first date of employment in the 

training position; or 

(ii) October 1, 2011. 

(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 


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found, but not earlier than the effective 

date of the act or administrative issue. 

(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. 

(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. 

(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 (f) 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. 

(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 (f) 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. 

(i) Spouse eligible for transferred 

entitlement. If a spouse is eligible for 

transferred entitlement under § 21.9571, 

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. 

(j) Child eligible for transferred 

entitlement. If a child is eligible for 

transferred entitlement under § 21.9571, 

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. 

(k) Change in active duty status. If an 

individual is released or discharged 

from active duty during a certified 

period of enrollment, VA will begin 

paying the monthly housing allowance: 

(1) If released or discharged before 

August 1, 2018, beginning the 1st day of 

the month following the date the 

individual was discharged; or 

(2) If released or discharged on or 

after August 1, 2018, beginning the day 

following the date the individual was 

discharged. 

(l) Election to receive benefits under 

38 U.S.C. chapter 33. (1) 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 § 21.9520(c), VA 

will begin paying benefits under 38 

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

the following— 

(i) August 1, 2009; 

(ii) The date the individual became 

eligible for educational assistance under 

38 U.S.C. chapter 33; 

(iii) One year before the date the valid 

election request was received; or 

(iv) The effective date of the election 

as requested by the claimant. 

(2) If an individual is in receipt of 

benefits under 38 U.S.C. chapter 31 

during a term, quarter, or semester, and 

requests to begin receiving benefits 

under 38 U.S.C. chapter 33 during that 

term, quarter, or semester, VA will begin 

paying— 

(i) The monthly housing allowance 

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

1st of the month following the date of 

the request. 

(ii) Net cost of tuition and fees, and 

the books and supplies stipend, the first 

day of the following term, quarter, or 

semester. 

(m) Fugitive felons. An award of 

educational assistance to an otherwise 

eligible veteran, person, or dependent of 

a veteran will begin effective the date 

the individual ceases to be a fugitive 

felon, as shown by evidence, which may 

include evidence that a warrant for an 

offense involving flight is resolved by– 

(1) Arrest; 

(2) Surrendering to the issuing 

authority; 

(3) Dismissal; or 

(4) Court documents (dated after the 

warrant for the arrest of the felon) 

showing the individual is no longer a 

fugitive. 

(n) National Guard members’ 

retroactive beginning dates for claims 

submitted through September 30, 2012. 

For any claim received up until 

September 30, 2012, for retroactive 

benefits based on service in the National 

Guard, the beginning date of the award 

will be the later of either: 

(1) the date the National Guard 

member satisfied the eligibility 

requirements in § 21.9520 of this title; or 

(2) August 1, 2009. 

(o) Child eligible for the Marine 

Gunnery Sergeant John David Fry 

Scholarship. If a child is eligible for 

entitlement under § 21.9520(d), the 

beginning date of the award of 

educational assistance will be no earlier 

than the earlier of the following dates— 

(1) The date the child completes the 

requirements of a secondary school 

diploma (or equivalency certificate); or 

(2) The date the child attains age 18. 

(p) Authority. (1) The introductory 

text of this section issued under the 

authority of 38 U.S.C. 3313, 3316, 

3323(a), 5110, 5111, 5113; 

(2) Paragraphs (a) through (a)(1)(ii)(C) 

of this section issued under the 

authority of 38 U.S.C. 3034(a), 3313, 

3316, 3323(a), 3672, 5103; 

(3) Paragraphs (a)(2) and (a)(3) of this 

section issued under the authority of 38 

U.S.C. 3034(a), 3315A, 3323(a), 3452(b); 

(4) Paragraphs (b) and (c) of this 

section issued under the authority of 38 

U.S.C. 3313, 3316, 3323); 

(5) Paragraph (d) of this section issued 

under the authority of 38 U.S.C. 3323(c), 

5113); 

(6) Paragraph (e) of this section issued 

under the authority of 38 U.S.C.3323(c); 


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(7) Paragraph (f) of this section issued 

under the authority of 38 U.S.C. 3034(a), 

3323(a), 3482(g); 

(8) Paragraph (g) of this section issued 

under the authority of 10 U.S.C. 

16131(i); 38 U.S.C. 3015(d), 3316(a); 

(9) Paragraph (h) of this section issued 

under the authority of 38 U.S.C. 3311, 

3313; 

(10) Paragraphs (i) and (j) of this 

section issued under the authority of 38 

U.S.C. 3319; 

(11) Paragraph (m) of this section 

issued under the authority of 38 U.S.C. 

3323(c), 5313B; and 

(12) Paragraph (o) of this section 

issued under the authority of Pub. L. 

111–32, 123 Stat. 1859. 

(The Office of Management and Budget has 

approved the information collection 

provision in paragraph (a) of this section 

under control number 2900–0706 and the 

information collection provisions in 

paragraphs (b) and (c) of this section under 

control numbers 2900–0154, 2900–0178, 

2900–0162, 2900–0353, and 2900–0576.) 

■ 40. Amend § 21.9635 by: 

■ a. Revising the section heading; 

■ b. In the introductory text, removing 

‘‘The effective date’’ and adding in its 

place ‘‘During the period beginning 

August 1, 2009, and ending July 31, 

2011, the effective date’’; 

■ c. Revising paragraph (c) and 

removing the parenthetical authority 

citation at the end of the paragraph; 

■ d. Revising paragraph (d) and 

removing the parenthetical authority 

citation at the end of the paragraph; 

■ e. Revising paragraph (w) and 

removing the parenthetical authority 

citation at the end of the paragraph; 

■ f. Removing the parenthetical 

authority citation at the end of 

paragraph (bb); 

■ g. Redesignating paragraph (bb) as 

paragraph (cc); 

■ h. Adding new paragraph (bb); and 

■ g. Revising newly-redesignated 

paragraph (cc). 

The revisions and addition read as 

follows: 

§ 21.9635 Discontinuance dates—for 

provisions effective before August 1, 2011. 

* * * * * 

(c) Withdrawal or unsatisfactory 

completion of all courses. 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 after the first day 

of the term, VA will terminate 

educational assistance as follows— 

(1) If the eligible individual 

withdraws from all courses after the 

school’s drop/add period, and there are 

no mitigating circumstances, VA will 

terminate educational assistance 

effective the first day of the term from 

which the eligible individual withdrew. 

(2) If the eligible individual 

withdraws from all courses with 

mitigating circumstances; withdraws 

during the school’s drop/add period or 

within the first 30 days of the 

enrollment period, whichever is earlier; 

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 educational institution. 

(3) When an eligible individual 

withdraws from an approved 

correspondence course offered by an 

educational institution, VA will 

terminate educational assistance 

effective the date the last lesson was 

serviced. 

(4) This paragraph (c) issued under 

the authority of 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 

(d). 

(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— 

(i) The withdrawal from one or more 

courses occurs during the school’s drop/ 

add period or within the first 30 days of 

the enrollment period, whichever is 

earlier; or 

(ii) A nonpunitive grade is assigned 

for the course from which the eligible 

individual withdraws and the 

withdrawal occurs with mitigating 

circumstances; or 

(iii) 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) This paragraph (d) issued under 

the authority of 38 U.S.C. 3034(a), 

3323(a), 3680(a). 

* * * * * 

(w) Receipt of educational assistance 

allowance under another educational 

assistance program. (1) An individual in 

receipt of educational assistance under 

chapter 33 who is also eligible for 

educational assistance under 10 U.S.C. 

chapter 106a, 1606, or 1607; 38 U.S.C. 

chapter 30, 31, 32, or 35; the Hostage 

Relief Act of 1980; or, effective August 

1, 2011, 10 U.S.C. 510, may choose to 

receive educational assistance under 

another program. 

(2) This paragraph (w) issued under 

the authority of 38 U.S.C. 3322(a). 

* * * * * 

(bb) Fugitive felons. (1) VA will not 

award educational assistance to an 

otherwise eligible Veteran or dependent 

of an otherwise eligible Veteran for any 

period during which the Veteran is a 

fugitive felon. The date of 

discontinuance of an award of 

educational assistance to a Veteran who 

is a fugitive felon or dependent of a 

Veteran who is a fugitive felon is the 

date of the warrant establishing that the 

individual is a fugitive felon or the date 

otherwise shown by evidence to be the 

date the individual became a fugitive 

felon. 

(2) This paragraph (bb) issued under 

the authority of 38 U.S.C. 3323(c), 

5313B. 

(cc) Other reasons for discontinuance. 

(1) If an eligible individual’s 

educational assistance must be 

discontinued for any reason other than 

those stated in paragraphs (a) through 

(bb) of this section, VA will determine 

the ending date of educational 

assistance based on the facts found. 

(2) This paragraph (cc) issued under 

the authority of 38 U.S.C. 3323(c), 

5112(a), 5113. 

■ 41. Add § 21.9636 to read as follows: 

§ 21.9636 Discontinuance dates—for 

provisions effective after July 31, 2011. 

The effective date of a reduction or 

discontinuance of educational 

assistance that occurs after July 31, 

2011, 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 


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sum payment for the books and supplies 

stipend under § 21.9641(d) 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 educational institution 

receives a lump sum payment for tuition 

and fees under § 21.9641(b) 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 

educational institution will be required 

to return to VA any portion of the 

tuition and fees paid by VA that would 

normally be refunded to a similarly 

circumstanced individual according to 

the regularly established practices of the 

educational institution. 

(3) If the eligible individual receives 

an advance payment of the monthly 

housing allowance pursuant to 

§ 21.9681(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, e.g., 

monthly housing allowance under 

§ 21.9641(c), if the eligible individual 

dies while pursuing a program of 

education, the discontinuance date of 

educational assistance will be the date 

of death. 

(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 educational 

institution’s drop-add period in 

accordance with § 21.4200(l). If 

mitigating circumstances are considered 

to exist in accordance with this 

paragraph (b), VA will terminate or 

reduce educational assistance 

effective— 

(1) For withdrawals occurring before 

March 17, 2025 the end of the month 

during which the withdrawal occurred; 

(2) For withdrawals occurring on or 

after March 17, 2025, the last date of 

attendance. 

(c) Withdrawal or unsatisfactory 

completion of all courses. 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 after the first day 

of the term, VA will terminate 

educational assistance as follows— 

(1) If the eligible individual 

withdraws from all courses after the 

school’s drop/add period, and there are 

no mitigating circumstances, VA will 

terminate educational assistance 

effective the first day of the term from 

which the eligible individual withdrew. 

(2) If the eligible individual 

withdraws from all courses with 

mitigating circumstances; withdraws 

during the school’s drop/add period or 

within the first 30 days of the 

enrollment period, whichever is earlier; 

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 educational institution. 

(3) When an eligible individual 

withdraws from an approved 

correspondence course offered by an 

educational institution, VA will 

terminate educational assistance 

effective the date the last lesson was 

serviced. 

(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 

(d). 

(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 either the end of the 

month during which the reduction 

occurred (in the case of reductions 

occurring before March 17, 2025), or the 

last date of attendance (in the case of for 

reductions occurring on or after March 

17, 2025), when— 

(i) The withdrawal from one or more 

courses occurs during the school’s drop/ 

add period or within the first 30 days of 

the enrollment period, whichever is 

earlier; or 

(ii) A nonpunitive grade is assigned 

for the course from which the eligible 

individual withdraws and the 

withdrawal occurs with mitigating 

circumstances; or 

(iii) 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. 

(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 

educational institution. 

(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 

educational institution to complete the 

course; 

(ii) The date the educational 

institution permanently assigns a 

nonpunitive grade; or(iii) One year from 


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the date the incomplete grade was 

assigned. 

(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. 

(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) For a program of education at an 

IHL or a non-college degree institution, 

the end of the course or period of 

enrollment, as certified by the 

educational institution, in which the 

disapproval is effective; or 

(2) For an apprenticeship or other onthe-job training program, the end of the 

program or the end of the academic 

year, whichever is earlier, in which the 

disapproval is effective or in which 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. 

(i) Disapproval by VA. If VA 

disapproves a program of education in 

which an eligible individual is enrolled, 

the discontinuance date of payment of 

educational assistance will be— 

(1) For a program of education at an 

IHL or a non-college degree institution, 

the end of the course or period of 

enrollment, as certified by the 

educational institution, in which the 

disapproval is effective; or 

(2) For an apprenticeship or other onthe-job training program, the end of the 

program or the end of the academic year 

in which the disapproval occurred, 

whichever is earlier, provided that the 

Director of the VA Regional Processing 

Office of jurisdiction did not suspend 

payments before the disapproval. 

(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 educational institution 

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 

educational institution‘s regularly 

established standards of progress, 

conduct, or attendance. 

(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. 

(l) Conflicting interests (not waived). If 

a conflict of interest exists between an 

officer or employee of VA and an 

educational institution, or an officer or 

employee of a State approving agency 

and an educational institution, 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. 

(m) Incarceration in prison or other 

penal institution due to conviction of a 

felony. (1) The provisions of this 

paragraph (m)(1) 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 

§ 21.9676(c) (based on incarceration in a 

Federal, State, local, or other penal 

institution or correctional facility due to 

a felony conviction). 

(2) The discontinuance of any 

monthly payments will be the end of the 

month during which the eligible 

individual is incarcerated in a Federal, 

State, local, or other penal institution or 

correctional facility or the end date of 

the enrollment period as certified by the 

educational institution, whichever is 

earlier. 

(n) Change in 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 of 

the U.S. Code, 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— 

(i) For tuition and fees, the last date 

of the certified enrollment period; 

(ii) For monthly housing allowance, 

see paragraph (n)(2) of this section; and 

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

date of the period covered by the book 

stipend payment. 

(2) If an individual enters active duty 

during a certified period of enrollment, 

regardless of whether there is a 

reduction or termination of training, the 

discontinuance date for the monthly 

housing allowance will be— 

(A) For entry occurring before August 

1, 2018, the end of the month during 

which the individual entered active; 

and 

(B) For entry occurring on or after 

August 1, 2018, the date of entry onto 

active duty. 

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

individual enrolled in an educational 

institution that regularly operates on the 

quarter or semester basis exhausts his or 

her entitlement under 38 U.S.C. chapter 

33, the discontinuance date will be the 

last day of the quarter or semester in 

which the entitlement is exhausted. 

(2) The ending date for an individual 

enrolled in a course that is not 

scheduled on a quarter or semester 

basis, who exhausts his or her 

entitlement under 38 U.S.C. chapter 33 

after he or she has completed more than 

half of the course, 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 a 

course that is not scheduled on a quarter 

or semester basis 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. 

(p) End of period of eligibility. If an 

eligible individual is enrolled in an 

educational institution 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. 

(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 

educational institution 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 


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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. 

(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. 

(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. 

(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. 

(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. 

(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’’). 

(w) Receipt of educational assistance 

allowance under another educational 

assistance program. An individual in 

receipt of educational assistance under 

chapter 33 who is also eligible for 

educational assistance under 10 U.S.C. 

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

510; 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. 

(1) 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; 10 U.S.C. 510; 38 U.S.C. 

chapter 30, 32, or 35; or the Hostage 

Relief Act of 1980. 

(2) For individuals in receipt of 

benefits under this chapter during a 

term, quarter, or semester who are 

requesting to receive benefits under 38 

U.S.C. chapter 31, VA will terminate 

educational assistance under this 

chapter effective the first day of the 

subsequent enrollment period. 

(3) An eligible individual may only 

request a change in receipt of benefits 

from 38 U.S.C chapter 33 to 38 U.S.C. 

chapter 31 once per term, quarter, or 

semester. 

(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 end of the course or period of 

enrollment, as certified by the 

educational institution in which the 

withdrawal of accreditation occurred. 

(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. 

(z) Transferor revokes transfer of 

entitlement. If the transferor revokes a 

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 § 21.9571. 

(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 

§ 21.9571(l). 

(bb) Fugitive felons. VA will not 

award educational assistance to an 

otherwise eligible Veteran or dependent 

of an otherwise eligible Veteran for any 

period during which the Veteran is a 

fugitive felon. The date of 

discontinuance of an award of 

educational assistance to a Veteran who 

is a fugitive felon or dependent of a 

Veteran who is a fugitive felon is the 

date of the warrant establishing that the 

individual is a fugitive felon or the date 

otherwise shown by evidence to be the 

date the individual became a fugitive 

felon. 

(cc) 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 (bb) of this 

section, VA will determine the ending 

date of educational assistance based on 

the facts found. 

(dd) Authority. (1) Paragraph (a) of 

this section issued under the authority 

of 38 U.S.C. 3034(a), 3323(a), 3680(d), 

3680(e); 

(2) Paragraph (b) of this section issued 

under the authority of 38 U.S.C. 3034(a), 

3323(a), 3680(a)(1); 

(3) Paragraph (c) of this section issued 

under the authority of 38 U.S.C. 3323, 

3680(a); 

(4) Paragraphs (d) and (e) of this 

section issued under the authority of 38 

U.S.C. 3034(a), 3323(a), 3680(a); 

(5) Paragraph (f) of this section issued 

under the authority of 38 U.S.C. 3034(a), 

3323(a), 3680; 

(6) Paragraph (g) of this section issued 

under the authority of 38 U.S.C. 3034(a), 

3323(a), 3690; 

(7) Paragraph (h) of this section issued 

under the authority of 38 U.S.C. 3034(a), 

3323(a), 3672(a), 3690; 

(8) Paragraph (i) of this section issued 

under the authority of 38 U.S.C. 3034(a), 

3323(a), 3671(b), 3672(b)(1), 3690; 

(9) Paragraph (j) of this section issued 

under the authority of 38 U.S.C. 3034(a), 

3323(a), 3474; 

(10) Paragraph (k) of this section 

issued under the authority of 38 U.S.C 

3034(a), 3323(a), 3690; 

(11) Paragraph (l) of this section 

issued under the authority of 38 

U.S.C.3034(a), 3323(a), 3683; 


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(12) Paragraph (m) of this section 

issued under the authority of 38 U.S.C. 

3034(a), 3323(a), 3482(g); 

(13) Paragraph (n) of this section 

issued under the authority of 38 U.S.C. 

3313(j); 

(14) Paragraph (o) of this section 

issued under the authority of 38 U.S.C. 

3031(f), 3312, 3321; 

(15) Paragraph (p) of this section 

issued under the authority of 38 U.S.C. 

3321; 

(16) Paragraph (q) of this section 

issued under the authority of 38 U.S.C. 

3034(a), 3323(a), 3680; 

(17) Paragraph (r) of this section 

issued under the authority of 38 U.S.C. 

3323(c), 5112(b), 5113; 

(18) Paragraph (s) of this section 

issued under the authority of 38 U.S.C. 

3323(c), 5112, 6103; 

(19) Paragraph (t) of this section 

issued under the authority of 38 U.S.C. 

3323(c), 6104, 6105; 

(20) Paragraph (u) of this section 

issued under the authority of 38 U.S.C. 

3323(c), 5112, 5113; 

(21) Paragraph (v) of this section 

issued under the authority of 10 U.S.C. 

16131; 38 U.S.C. 3316(a); 

(22) Paragraph (w) of this section 

issued under the authority of 38 U.S.C. 

3322(a); 

(23) Paragraph (x) of this section 

issued under the authority of 38 U.S.C. 

3034(a), 3323(a), 3676, 3680A(a); 

(24) Paragraphs (y) through (aa) of this 

section issued under the authority of 38 

U.S.C. 3319; 

(25) Paragraph (bb) of this section 

issued under the authority of 38 U.S.C. 

3323(c), 5313B; and 

(26) Paragraph (cc) of this section 

issued under the authority of 38 U.S.C. 

3323(c), 5112(a), 5113. 

(The Office of Management and Budget has 

approved the information collection 

provision in § 21.9636, paragraph (w) under 

control number 2900–0154.) 

■ 42. Amend § 21.9640 by: 

■ a. Revising the section heading and 

introductory text; 

■ b. Revising paragraph (a) and 

removing the parenthetical authority 

citation at the end of the paragraph; 

■ c. Revising paragraph (d) and 

removing the parenthetical authority 

citation at the end of the paragraph. 

■ d. Removing the parenthetical citation 

at the end of paragraph (e); and 

■ e. Adding paragraph (f). 

The revision and addtion read as 

follows: 

§ 21.9640 Rates of payment of educational 

assistance—for provisions effective before 

August 1, 2011. 

For training that occurs before August 

1, 2011, unless otherwise noted, 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. (1) Except as provided in 

paragraphs (a)(2) and (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 table 1 to paragraph (a). 

TABLE 1 TO PARAGRAPH (a) 

Aggregate length of creditable active duty service after 

09/10/01 Number of days 

Percentage 

of maximum 

amounts 

payable 

At least 36 months 1 ................................................................... If aggregate service (including entry training) is 1095 days or 

more days.

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 .......................... If aggregate service (including entry training) is from 910 to 

1094 days.

90 

At least 24 months, but less than 30 months 1 3 ........................ If aggregate service (including entry training) is from 730 to 

909 days.

3 80 

At least 18 months, but less than 24 months 2 3 ........................ If aggregate service (excluding entry training) is from 545 to 

729 days.

3 70 

At least 12 months, but less than 18 months 2 .......................... If aggregate service (excluding entry training) is from 365 to 

544 days.

60 

At least 6 months, but less than 12 months 2 ............................ If aggregate service (excluding entry training) is from 180 to 

364 days.

50 

At least 90 days, but less than 6 months 2 ................................ If aggregate service (excluding entry training) is from 90 to 

179 days.

40 

1 Includes entry level and skill training. 2 Excludes entry level and skill training. 3 The 70/80% rule: If the aggregate service including training is at least 24 months but less than 30 months (730–909 days) BUT the aggregate service excluding training is at least 18 but less than 24 months (545 to 729 days), the individual will be deemed eligible at the 70% benefit 

level. This limitation is explicitly mandated by 38 U.S.C. 3311(e). 

(2) Amounts payable for individuals 

eligible for the Marine Gunnery Sergeant 

John David Fry Scholarship. VA will 

apply 100 percent of the maximum 

amounts payable for pursuit of an 

approved program of education by an 

individual who is eligible for 

educational assistance under 

§ 21.9520(d). 

* * * * * 

(d) Amounts payable for individuals 

on active duty—(1) Amounts payable for 

programs of education beginning on or 

after August 1, 2009, and on or before 

March 4, 2011. Individuals on active 

duty who are pursuing a program of 

education during a quarter, semester, or 

term that starts during the period 

beginning August 1, 2009, and ending 

March 4, 2011, may receive a lump sum 

amount for established charges paid 

directly to the institution of higher 

learning for the entire term, quarter, or 

semester, as applicable. The amount 

payable will be the lowest of— 

(i) The established charges that 

similarly circumstanced nonveterans 

enrolled in the individual’s program of 

education would be required to pay; 

(ii) 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; 

(iii) The lesser amount of paragraph 

(d)(i) or (ii) of this section, divided by 

the number of days in the individual’s 


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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); 

(2) Amounts payable for a program of 

education, on more than half-time basis, 

leading to a degree and beginning after 

March 4, 2011, but before August 1, 

2011. (i) VA may, on behalf of an 

individual on active duty who is 

pursuing a program of education leading 

to a degree on more than half-time basis 

at a public IHL, issue a lump sum 

payment for the term, quarter, or 

semester directly to the IHL equal to the 

applicable percentage (as listed in 

paragraph (a) of this section) of the net 

cost for in-State tuition and fees. 

(ii) VA may, on behalf of an 

individual on active duty who is 

pursuing a program of education leading 

to a degree on more than half-time basis 

at a non-public or foreign IHL, issue a 

lump sum payment for the term, 

quarter, or semester directly to the IHL 

equal to the lesser of the applicable 

percentage (as listed in paragraph (a) of 

this section) of the net cost for tuition 

and fees assessed by the institution or— 

(A) For the academic year beginning 

August 1, 2011, $17,500; or 

(B) For the academic year beginning 

on any subsequent August 1, the 

amount for the previous academic year, 

as increased under 38 U.S.C. 3015(h). 

(3) Amounts payable for a program of 

education, on a half-time basis or less, 

leading to a degree and beginning after 

March 4, 2011, but before August 1, 

2011. Amounts payable for the 

individual will be calculated in 

accordance with paragraph (d)(1) of this 

section. 

(4) Amounts payable for a program of 

education not leading to a degree and 

beginning after March 4, 2011, but 

before August 1, 2011. Amounts payable 

for the individual will be calculated in 

accordance with paragraph (d)(1) of this 

section. 

(f) Authority. (1) Paragraph (a)(1) of 

this section issued under the authority 

of 38 U.S.C. 3311, 3313; 

(2) Paragraph (d)(2) of this section 

issued under the authority of 38 U.S.C. 

501(a), 3313(e); and 

(3) Paragraph (e) of this section issued 

under the authority of 38 U.S.C. 3313, 

3323(c). 

■ 43. Add § 21.9641 to read as follows: 

§ 21.9641 Rates of payment of educational 

assistance—for provisions effective after 

July 31, 2011. 

For training that begins after July 31, 

2011, unless otherwise noted, 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. (1) Except as provided in 

paragraph (a)(2) 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 table 1 to paragraph (a). 

TABLE 1 TO PARAGRAPH (A) 

Aggregate length of creditable active duty service after 

09/10/01 Number of days 

Percentage 

of maximum 

amounts 

payable 

At least 36 months 1 ................................................................... If aggregate service (including entry training) is 1095 days or 

more days.

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 .......................... If aggregate service (including entry training) is from 910 to 

1094 days.

90 

At least 24 months, but less than 30 months 1 3 ........................ If aggregate service (including entry training) is from 730 to 

909 days.

3 80 

At least 18 months, but less than 24 months 2 3 ........................ If aggregate service (excluding entry training) is from 545 to 

729 days.

3 70 

At least 12 months, but less than 18 months 2 .......................... If aggregate service (excluding entry training) is from 365 to 

544 days.

60 

At least 6 months, but less than 12 months 2 ............................ If aggregate service (excluding entry training) is from 180 to 

364 days.

50 

At least 90 days, but less than 6 months 2 ................................ If aggregate service (excluding entry training) is from 90 to 

179 days.

40 

1 Includes entry level and skill training. 

2Excludes entry level and skill training. 

3The 70/80% rule: If the aggregate service including training is at least 24 months but less than 30 months (730–909 days) BUT the aggregate 

service excluding training is at least 18 but less than 24 months (545 to 729 days), the individual will be deemed eligible at the 70% benefit level. 

This limitation is explicitly mandated by 38 U.S.C. 3311(e). 

(2) Amounts payable for individuals 

eligible for the Marine Gunnery Sergeant 

John David Fry Scholarship. VA will 

apply 100 percent of the maximum 

amounts payable for pursuit of an 

approved program of education by an 

individual who is eligible for 

educational assistance under 

§ 21.9520(d). 

(b) Tuition and fees payable. (1) 

Program of education leading to a 

degree at public IHLs. After July 31, 

2011, VA may, on behalf of an 

individual, who may be either on active 

duty or not on active duty and pursuing 

a program of education leading to a 

degree at a public IHL, issue a lump 

sum payment for the term, quarter, or 

semester directly to the IHL equal to the 

applicable percentage (as listed in 

paragraph (a) of this section) of the net 

cost for in-State tuition and fees. 

(2) Program of education leading to a 

degree at non-public IHLs or foreign 

IHLs. (i) After July 31, 2011, VA may, on 

behalf of an individual, who may be 

either on active duty or not on active 

duty and pursuing a program of 

education leading to a degree at a nonpublic or foreign IHL, issue a lump sum 

payment for the term, quarter, or 

semester directly to the IHL equal to the 

applicable percentage (as listed in 

paragraph (a) of this section) of the 

lesser of— 

(A) The actual net cost for tuition and 

fees assessed by the institution; or 

(B) For the academic year beginning 

August 1, 2011, $17,500; or 


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(C) For the academic year beginning 

on any subsequent August 1, the 

amount for the previous academic year, 

as increased under 38 U.S.C. 3015(h). 

(3) Program of education in pursuit of 

a certificate or other non-college degree 

at institutions other than IHLs. On or 

after October 1, 2011, VA may, on behalf 

of an individual pursuing a program of 

education in pursuit of a certificate or 

other non-college degree at an 

institution other than an IHL, issue a 

lump sum payment for the term, 

quarter, or semester, directly to the 

educational institution equal to the 

applicable percentage (as listed in 

paragraph (a) of this section) of the 

lesser of— 

(i) The actual net cost for in-State 

tuition and fees assessed by the 

institution; or 

(ii) For the academic year beginning 

August 1, 2011, $17,500; or 

(iii) For the academic year beginning 

on any subsequent August 1, the 

amount for the previous academic year, 

as increased under 38 U.S.C. 3015(h). 

(4) Full-time program of 

apprenticeship or other on-the-job 

training at institutions other than IHLs. 

No tuition and fee amount is payable for 

this type of training. 

(5) Program of education for flight 

training (regardless of the institution 

providing such program of education). 

After September 30, 2011, upon receipt 

of certification for training completed by 

the individual and serviced by the 

educational institution, on behalf of an 

individual pursuing a program of 

education consisting of flight training, 

VA may issue a lump sum payment 

directly to the educational institution 

equal to the applicable percentage (as 

listed in paragraph (a) of this section) of 

the lesser of— 

(i) The actual net cost for in-State 

tuition and fees; or 

(ii) For the academic year beginning 

August 1, 2011, $10,000; or 

(iii) For the academic year beginning 

on any subsequent August 1, the 

amount for the previous academic year, 

as increased under 38 U.S.C. 3015(h). 

(6) Program of education pursued 

exclusively by correspondence at an IHL 

or institution other than an IHL. After 

September 30, 2011, on behalf of an 

individual pursuing program of 

education by correspondence at an IHL 

or institution other than an IHL, VA 

may issue a quarterly payment on a pro 

rata basis for the lessons completed by 

the individual and serviced by the 

educational institution during such 

quarter, directly to the educational 

institution equal to the applicable 

percentage (as listed in paragraph (a) of 

this section) of the lesser of— 

(i) The net cost for tuition and fees; or 

(ii) For the academic year beginning 

August 1, 2011, $8,500; or 

(iii) For the academic year beginning 

on any subsequent August 1, the 

amount for the previous academic year, 

as increased under 38 U.S.C. 3015(h). 

(7) No reduction in tuition and fee 

annual cap. VA will not make a 

reduction in the tuition and fee 

maximum amount payable during the 

academic year equal to the amount of 

tuition and fees charged for a course or 

courses from which the individual 

withdrew 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. 

(c) Monthly housing allowance 

payable. An individual who is pursuing 

a program of education leading to a 

degree at a domestic or foreign IHL, a 

program of education at a non-college 

degree institution, or an on-the-job or 

apprenticeship training can receive a 

monthly stipend (referred to as the 

‘‘monthly housing allowance’’), subject 

to the applicable percentage (as listed in 

paragraph (a) of this section), as 

follows— 

(1) Residence training at domestic 

IHLs on more than half-time basis. An 

individual, other than one on active 

duty, who is pursuing a program of 

education with at least one in-residence 

course and who has a rate of pursuit of 

greater than 50 percent at an IHL located 

in a State, may receive a monthly 

housing allowance for each month (or 

prorated amount for a partial month) of 

training during each term, quarter, or 

semester, equal to— 

(i) During the period beginning 

August 1, 2011, and ending July 31, 

2012, the monthly amount of the basic 

allowance for housing payable under 37 

U.S.C. 403 for a member with 

dependents in pay grade E–5 using the 

ZIP code area in which all, or a 

majority, of the IHL in which the 

individual is enrolled is located 

multiplied by the lesser of— 

(A) 1.0; or 

(B) The individual’s rate of pursuit, 

rounded to the nearest tenth. 

(ii) On or after August 1, 2012, the 

monthly amount of the basic allowance 

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

for a member with dependents in pay 

grade E–5 using the ZIP code or location 

code, whichever is applicable, in which 

all, or a majority, of the institution in 

which the individual is enrolled is 

located multiplied by the lesser of— 

(A) 1.0; or 

(B) The individual’s rate of pursuit, 

rounded to the nearest tenth. 

(2) Residence training at foreign IHLs 

on more than half-time basis. On or 

after August 1, 2011, an individual, 

other than one on active duty, who is 

pursuing a program of education leading 

to a degree at a foreign IHL with at least 

one in-residence course and who has a 

rate of pursuit of greater than 50 

percent, may receive a monthly housing 

allowance for each month (or prorated 

amount for a partial month) of training 

during each term, quarter, or semester, 

equal to the national average of the 

monthly amount of the basic allowance 

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

for a member with dependents in pay 

grade E–5, multiplied by the lesser of— 

(i) 1.0; or 

(ii) The individual’s rate of pursuit, 

rounded to the nearest tenth. 

(3) Residence training at non-college 

degree institutions on more than halftime basis. After October 1, 2011, an 

individual, other than one on active 

duty, who is pursuing a program of 

education at a non-college degree 

institution (other than those listed in 

paragraph (c)(6) of this section) with at 

least one in-residence course and who 

has a rate of pursuit of greater than 50 

percent, can receive a monthly housing 

allowance for each month (or a prorated 

amount for a partial month) of training 

pursued. The amount will be calculated 

in accordance with paragraph (c)(1) of 

this section. 

(4) Training pursued solely via 

distance learning on more than halftime basis. After September 30, 2011, an 

individual, other than one on active 

duty, who is pursuing a program of 

education solely via distance learning at 

a rate of pursuit of greater than 50 

percent, can receive a monthly housing 

allowance for each month (or prorated 

amount for a partial month) of training 

during each term, quarter, or semester, 

equal to 50 percent of the amount 

payable under paragraph (c)(2) of this 

section. 

(5) On-the-job and apprenticeship 

training on full-time basis. After 

September 30, 2011, an individual, 

other than one on active duty, pursuing 

a full-time program of apprenticeship or 

other on-the-job training may receive a 

monthly housing allowance— 


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(i) During the first 6-month period of 

the program, the monthly amount of the 

basic allowance for housing payable 

under 37 U.S.C. 403 for a member with 

dependents in pay grade E–5 residing in 

the military housing area that 

encompasses all or a majority portion of 

the ZIP code area in which the employer 

is located. 

(ii) During the second 6-month period 

of the program, 80 percent of the 

amount payable in paragraph (c)(5)(i) of 

this section. 

(iii) During the third 6-month period 

of the program, 60 percent of the 

amount payable in paragraph (c)(5)(i) of 

this section. 

(iv) During the fourth 6-month period 

of the program, 40 percent of the 

amount payable in paragraph (c)(5)(i) of 

this section. 

(v) During any month after the first 24 

months of training, 20 percent of the 

amount payable in paragraph (c)(5)(i) of 

this section. 

(vi) In any month in which an 

individual pursuing training fails to 

complete 120 hours of training, the 

amount of the monthly housing stipend 

payable will be the amount determined 

by multiplying the applicable amount as 

determined by paragraphs (c)(5)(i) 

through (v) of this section by the figure 

determined as follows— 

(A) The number of hours worked 

during the month, rounded to the 

nearest 8 hours; then 

(B) Dividing the result by 120. 

(C) Rounding the quotient to the 

nearest hundred. 

(6) Program of education for 

vocational flight training at institutions 

other than IHLs; Program of education 

pursued exclusively by correspondence; 

Program of education pursued on a halftime basis or less; Program of education 

pursued while on active duty. No 

monthly housing allowance is payable 

for these types of training. 

(7) Rate payable during the academic 

year. The monthly housing allowance 

payable during each academic year 

beginning on August 1 of a calendar 

year under paragraphs (c)(1) through (5) 

of this section will be determined using 

the basic allowance for housing rates 

payable under 37 U.S.C. 403 in effect as 

of January 1 of each such calendar year. 

(8) Rate protection. The monthly 

housing allowance payable under 

paragraphs (c)(1) through (5) of this 

section will not decrease as long as the 

individual— 

(i) Has not had a break in training that 

exceeds 6 months. An individual called 

to active duty (during an enrollment 

period or 6-month grace period) will not 

see a decrease as long as the individual 

resumes training at the educational 

institution within 6 months from the 

release from active duty; and 

(ii) Previously received the monthly 

housing allowance based on the same 

type of training (residence, distance, 

foreign) at the same educational 

institution. A change in facility 

(transferring to a different school or a 

different branch of the same school) 

constitutes a change in educational 

institution. 

(9) Concurrent eligibility for more 

than one monthly housing stipend rate. 

In the event that an individual is 

concurrently eligible for more than one 

monthly housing stipend rate, the 

housing stipend will be paid at the 

highest rate for which the individual 

qualifies. 

(d) Books, supplies, and equipment 

stipend payable. An individual who is 

pursuing a program of education at an 

IHL, non-college degree institution, or 

an individual pursuing on-the-job or 

apprenticeship training can receive an 

amount for books, supplies, equipment, 

and other educational costs (referred to 

as the ‘‘book stipend’’), subject to the 

applicable percentage (as listed in 

paragraph (a) of this section), as 

follows— 

(1) Book stipend for training pursued 

at an IHL. (i) The maximum amount 

payable to an individual pursuing 

training at an IHL 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). The lump sum payment for each 

term, quarter, or semester is equal to 

$41.67 ($1,000 divided by 24 credit 

hours) multiplied by 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. 

(A) Before October 1, 2011, an eligible 

individual, other than one on active 

duty, may receive an amount for each 

credit hour pursued up to twenty-four 

credit hours (or the equivalent credit 

hours if enrollment is reported in clock 

hours) in a single academic year. 

(B) On or after October 1, 2011, an 

eligible individual, including an 

individual on active duty, may receive 

an amount for each credit hour pursued 

up to twenty-four credit hours (or the 

equivalent credit hours if enrollment is 

reported in clock hours) in a single 

academic year. 

(ii) In no event may the amount paid 

during an academic year exceed $1,000. 

(2) Book stipend for training pursued 

at a non-college-degree institution and 

on-the-job or apprenticeship training. 

After September 30, 2011, an individual 

pursuing a program of education at a 

non-college degree institution (other 

than those listed in paragraph (d)(3) of 

this section) or full-time on-the-job or 

apprenticeship training can receive a 

lump sum payment equal to $83 for 

each month (or a prorated amount for a 

partial month) of training pursued. 

(3) Program of education for 

vocational flight training at institutions 

other than IHLs and program of 

education pursued exclusively by 

correspondence. No book stipend is 

payable for these types of training. 

(e) Publication of educational 

assistance rates. VA will publish the 

maximum amount of tuition and fees 

payable each academic year in the 

‘‘Notices’’ section of the Federal 

Register and on the GI Bill website at 

https://www.GIBill.va.gov. 

(f)(1) Paragraph (a) of this section 

issued under the authority of 38 U.S.C. 

3311(f); 

(2) Paragraph (b)(1) of this section 

issued under the authority of 38 U.S.C. 

3313(c)(1)(A)(i); 

(3) Paragraph (b)(2) of this section 

issued under the authority of 38 U.S.C. 

3313(c)(1)(A)(ii); 

(4) Paragraph (b)(3) of this section 

issued under the authority of 38 U.S.C. 

3313(g)(3)(A); 

(5) Paragraph (b)(4) of this section 

issued under the authority of 38 U.S.C. 

3313(g)(3)(B); 

(6) Paragraph (b)(5) of this section 

issued under the authority of 38 U.S.C. 

3313(g)(3)(C); 

(7) Paragraph (b)(6) of this section 

issued under the authority of 38 U.S.C. 

3313(g)(3)(D); 

(8) Paragraph (b)(7) of this section 

issued under the authority of 38 U.S.C. 

501(a), 3323(c); 

(9) Paragraph (c)(1) of this section 

issued under the authority of 38 U.S.C. 

3313(c)(1)(B)(i); 

(10) Paragraph (c)(2) of this section 

issued under the authority of 38 U.S.C. 

3313(c)(1)(B)(ii); 

(11) Paragraph (c)(3) of this section 

issued under the authority of 38 U.S.C. 

3313(g)(3)(A)(ii); 

(12) Paragraph (c)(4) of this section 

issued under the authority of 38 U.S.C. 

3313(c)(1)(B)(iii); 

(13) Paragraph (c)(5) of this section 

issued under the authority of 38 U.S.C. 

3313(g)(3)(B)(i); 

(14) Paragraph (c)(6) of this section 

issued under the authority of 38 U.S.C. 

3313(e), (f), (g)(3)(C), (g)(3)(D); 

(15) Paragraph (c)(7) of this section 

issued under the authority of 38 U.S.C. 

3313(i); 

(16) Paragraphs (c)(8) and (c)(9) of this 

section issued under the authority of 38 

U.S.C. 501(a), 3323(c); 


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(17) Paragraphs (d)(1) and (d)(2) of 

this section issued under the authority 

of 38 U.S.C. 3313(g)(3)(A), (B); 

(18) Paragraph (d)(3) of this section 

issued under the authority of 38 U.S.C. 

3313(c),(e),(f),(g)); and 

(19) Paragraph (e) of this section 

issued under the authority of 38 U.S.C. 

3313, 3323(c). 

(The Office of Management and Budget has 

approved the information collection 

provisions in paragraphs (a) through (b)(7) of 

this section under control numbers 2900– 

0154, 2900–0178, 2900–0162, 2900–0353, 

and 2900–0576.) 

■ 44. Amend § 21.9645 by revising 

paragraphs (a)(1)(iii), (b)(1)(ii), and (c) to 

read as follows: 

§ 21.9645 Refund of basic contribution to 

chapter 30. 

(a)(1) * * * 

(iii) He or she is a member of the 

Armed Forces who is making 

contributions as provided in 

§ 21.7042(g) towards educational 

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

* * * * * 

(b) * * * 

(1) * * * 

(ii) 36 for individuals making 

contributions towards educational 

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

accordance with § 21.7042(g). 

* * * * * 

(c) Timing of payment. The amount 

payable under this section will only be 

issued to the individual who made the 

contribution when the individual is in 

receipt of the monthly housing 

allowance payable under § 21.9640(b) or 

§ 21.9641(c) at the time his or her 

entitlement exhausts. No payment will 

be made if the individual who made the 

contributions is not in receipt of a 

monthly housing allowance when 

entitlement exhausts. 

* * * * * 

■ 45. Amend § 21.9650 by: 

■ a. Revising paragraph (a)(2) and 

removing the parenthetical authority 

citation at the end of the paragraph; 

■ b. Revising paragraph (b)(2)(ii); 

■ c. Revising paragraph (b)(3) and 

removing the parenthetical authority 

citation at the end of the paragraph; 

■ d. Revising paragraph c)(2)(ii); 

■ e. Revision paragraph (c)(3) and 

removing the parenthetical authority 

citation at the end of the paragraph; and 

■ f. Adding paragraph (d). 

The revisions read as follows: 

§ 21.9650 Increase in educational 

assistance. 

* * * * * 

(a) * * * 

(2) The increase (‘‘kicker’’) amount 

payable under paragraph (a)(1) 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 during the term, quarter, or 

semester— 

(i) For the period beginning August 1, 

2009, and ending July 31, 2011, under 

§ 21.9640(b)(1)(ii) or (b)(2)(ii); or 

(ii) For the period after July 31, 2011, 

under § 21.9641(c). 

(b) * * * 

(2) * * * 

(ii)(A) For training pursued during the 

period beginning August 1, 2009, and 

ending July 31, 2011, the full-time 

training amount under paragraph 

(b)(2)(i) of this section multiplied by the 

individual’s rate of pursuit. 

(B) For training pursued after July 31, 

2011, the full-time training amount 

under paragraph (b)(2)(i) of this section 

multiplied by the lesser of— 

(1) 1.0; or 

(2) The individual’s rate of pursuit, 

rounded to the nearest multiple of 10. 

(3) The increase (‘‘kicker’’) amount 

payable under paragraph (b) of this 

section will be paid to the individual— 

(i) As a lump sum 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, if training 

is pursued during the period beginning 

August 1, 2009, and ending July 31, 

2011; or 

(ii) On a monthly basis, for training 

pursued after July 31, 2011. 

(c) * * * 

(2) * * * 

(ii)(A) For training pursued during the 

period beginning August 1, 2009, and 

ending July 31, 2011, the full-time 

training amount under paragraph 

(c)(2)(i) of this section multiplied by the 

individual’s rate of pursuit. 

(B) For training pursued after July 31, 

2011, the full-time training amount 

under paragraph (c)(2)(i) multiplied by 

the lesser of— 

(1) 1.0; or 

(2) The individual’s rate of pursuit, 

rounded to the nearest multiple of 10. 

(3) The increase (‘‘kicker’’) amount 

payable under paragraph (c) of this 

section will be paid to the individual— 

(i) As a lump sum 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, if training 

is pursued during the period beginning 

August 1, 2009, and ending July 31, 

2011; or 

(ii) On a monthly basis, for training 

pursued after July 31, 2011. 

(d) Authority. (1) Paragraph (a) of this 

section issued under the authority of 38 

U.S.C. 3015(d)(1), 3313(c), 3316(a); 

(2) Paragraph (b) of this section issued 

under the authority of 38 U.S.C. 

3015(d), 3316; Public Law 110–252, 122 

Stat. 2378, Public Law 111–377, 124 

Stat. 4119; and 

(3) Paragraph (c) of this section issued 

under the authority of 10 U.S.C. 

16131(i); Public Law 110–252, Stat 

2378). 

§ 21.9655 [Amended] 

■ 46. Amend § 21.9655, in paragraph 

(a)(2), by removing ‘‘or (b)(2)(ii)’’ and 

adding in its place ‘‘, (b)(2)(ii), or 

§ 21.9641(c)’’. 

■ 47. Amend § 21.9665 by revising the 

section heading and introductory text to 

read as follows: 

§ 21.9665 Reimbursement for licensing or 

certification tests—for provisions effective 

before August 1, 2011. 

An eligible individual is entitled to 

receive reimbursement for taking one 

approved licensing or certification test 

during the period beginning August 1, 

2009, and ending July 31, 2011. The 

amount of educational assistance VA 

will pay as reimbursement for an 

approved licensing or certification test 

is the lesser of the following: 

* * * * * 

■ 48. Add § 21.9667 to read as follows: 

§ 21.9667 Reimbursement for licensing or 

certification tests—for provisions effective 

after July 31, 2011. 

An individual eligible for benefits 

under the Post-9/11 GI Bill is entitled to 

receive reimbursement for taking any 

number of approved licensing or 

certification tests after July 31, 2011. 

The amount of reimbursement VA will 

pay for an approved licensing or 

certification test taken after July 31, 

2011, is the least of the following: 

(a) The fee that the licensing or 

certification organization offering the 

test charges for taking the test; 

(b) $2,000; or 

(c) The amount equal to the number 

of whole months of remaining 

entitlement available to the individual 

at the time of payment for the test 

multiplied by the rate for one month of 

payment for licensing and tests, as 

specified in § 21.9561(f)(1)(ii). 

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

(The Office of Management and Budget has 

approved the information collection 

provision in this section under control 

number 2900–0695.) 

■ 49. Add § 21.9668 to read as follows: 

§ 21.9668 Reimbursement for national 

tests. 

An eligible individual is entitled to 

receive reimbursement for taking a 

national test for admission or a national 


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test for credit after July 31, 2011. The 

amount of reimbursement VA will pay 

for an approved national test for 

admission or a national test for credit 

taken after July 31, 2011, is the lesser of 

the following: 

(a) The fee charged for the test, not 

including any optional costs not 

required for the testing process; or 

(b) The amount equal to the number 

of whole months of remaining 

entitlement available to the individual 

at the time of payment for the test 

multiplied by the rate for one month of 

payment for national tests, as specified 

in § 21.9561(f)(1)(ii). 

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

■ 50. Amend § 21.9675 by: 

■ a. Revising the section heading and 

introductory text; 

■ b. Removing the parenthetical 

authority citation at the end of 

paragraph (a); 

■ c. Revising paragraph (c)(2) and 

removing the parenthetical citation at 

the end of the paragraph; 

■ d. Removing the parenthetical citation 

at the end of paragraph (d); 

■ e. In paragraph (d)(5), removing 

‘‘veteran-nonveteran’’ and adding in its 

place ‘‘supported students versus 

nonsupported students’’; and 

■ f. Adding paragraph (e). 

The revisions and addition read as 

follows: 

§ 21.9675 Conditions that result in reduced 

rates or no payment—for provisions 

effective before August 1, 2011. 

During the period beginning August 1, 

2009, and ending July 31, 2011, 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. 

* * * * * 

(c) * * * 

(2) The amount of educational 

assistance payable for pursuit of an 

approved program of education by an 

eligible individual, as described in this 

paragraph (c), will be— 

(i)(A) 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 

(B) The amount equal to any charges 

to the eligible individual for the cost of 

necessary books, supplies, and 

equipment not to exceed $1,000 each 

academic year. 

(ii) The amounts payable under 

paragraph (c)(2)(i) of this section will be 

prorated based on the individual’s 

eligibility percentage as determined in 

§ 21.9640(a). 

* * * * * 

(e) Authority. (1) Paragraph (a) of this 

section issued under the authority of (a) 

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

(2) Paragraph (c) of this section issued 

under the authority of 38 U.S.C. 3034(a), 

3323(a), 3482(g); and 

(3) Paragraph (d) of this section issued 

under the authority of 38 U.S.C. 501(a), 

3034(a), 3323(a). 

■ 51. Add § 21.9676 to read as follows: 

§ 21.9676 Conditions that result in reduced 

rates or no payment—for provisions 

effective after July 31, 2011. 

After July 31, 2011, the payment rates 

as established in §§ 21.9641 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 (a), 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. 

(b) No monthly housing allowance for 

some incarcerated individuals. An 

individual who is incarcerated in a 

Federal, State, local, or other penal 

institution or correctional facility due to 

a felony conviction will not receive a 

monthly housing allowance. 

(c) Reduced educational assistance 

for some incarcerated individuals. (1) 

An individual who is incarcerated in a 

Federal, State, local, or other penal 

institution or correctional facility due to 

a felony conviction will receive— 

(i) The net costs for tuition and fees 

not paid by any other form of financial 

assistance, not to exceed the amounts 

specified in § 21.9641(b); and 

(ii) The amount of necessary books, 

supplies, and equipment not paid by 

any other form of financial assistance, 

not to exceed $1,000 each academic 

year. 

(2) The amounts payable under 

paragraph (c)(1) of this section will be 

prorated based on the individual’s 

eligibility percentage as determined in 

§ 21.9641(a). 

(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 supported 

students versus nonsupported students 

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). 

(e) Authority. (1) Paragraph (a) of this 

section issued under the authority of 38 

U.S.C. 3034(a), 3323(a), 3680(a); 

(2) Paragraph (c) of this section issued 

under the authority of 38 U.S.C. 3034(a), 

3323(a), 3482(g); and 

(3) Paragraph (d) of this section issued 

under the authority of 38 U.S.C. 501(a), 

3034(a), 3323(a). 

■ 52. Amend § 21.9680 by revising the 

section heading and adding 

introductory text to read as follows: 

§ 21.9680 Certifications and release of 

payments—for provisions effective before 

August 1, 2011. 

For training pursued during the 

period beginning August 1, 2009, and 

ending July 31, 2011— 

* * * * * 

■ 53. Add § 21.9681 to read as follows: 

§ 21.9681 Certifications and release of 

payments—for provisions effective after 

July 31, 2011. 

For training pursued after July 31, 

2011— 


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(a) Payee. (1) VA will make payment 

of the appropriate amount of tuition and 

fees, as determined under § 21.9641, 

directly to the educational institution 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. 

(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; one 

seeking reimbursement for a national 

test for admission or a national test for 

credit; or one who qualifies for an 

advance payment of the monthly 

housing allowance) only after the 

educational institution has certified the 

individual’s enrollment as provided in 

§ 21.9721 and provided its Taxpayer 

Identifying Number (TIN) and/or 

Automated Clearing House (ACH) 

information in accordance with 31 

U.S.C 7701(c)(1). 

(2) 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 educational institution 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 

educational institution; 

(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 is 

preceded by a period of nonpayment of 

30 days or more. 

(G) The educational institution 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 educational institution for 

delivery to the eligible individual. The 

educational institution 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 

educational institution if: 

(A) The educational institution 

demonstrates an inability to comply 

with the requirements of paragraph 

(b)(2)(iii) of this section; 

(B) The educational institution 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 

educational institution has 

demonstrated its inability to discharge 

its responsibilities under the advance 

payment program. 

(3) VA will make a lump sum 

payment for the entire quarter, semester, 

or term: 

(i) To the educational institution, on 

behalf of an eligible individual, for the 

appropriate amount of tuition and fees; 

(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. 

(4) [Reserved] 

(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. 

(6) VA will pay educational assistance 

to an eligible individual as 

reimbursement for taking an approved 

national test for admission or a national 

test for credit only after the eligible 

individual has submitted a claim for the 

test to VA that includes the following 

information: 

(i) The name of the test; 

(ii) The name of the organization 

offering the test; 

(iii) The date the eligible individual 

took the test; 

(iv) The cost of the test; and 

(v) Such other information as the 

Secretary may require. 

(7) VA may authorize payment of the 

monthly housing allowance (as 

increased under §§ 21.9650(a) and 

21.9655(a), if applicable) for a 

temporary school closing in accordance 

with the provisions of § 21.4138(g) of 

this chapter. 

(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 § 21.9721; 

(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 § 21.9571 who, because 

he or she resides with the transferor or, 

in the case of a child, a parent, who 

cannot provide any of the documents in 

paragraph (c)(2)(ii) of this section, may 

submit as proof of residence 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; and 

(C) VA must determine 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. 


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(iii) Proof of relocation. An individual 

must provide proof that he or she either: 

(A) 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)(ii) of this section as 

the beginning point and the address of 

the educational institution as the ending 

point; or 

(B) traveled by air to physically attend 

an institution of higher learning for 

pursuit of such a program of education 

because the individual could not travel 

to the educational institution by land 

due to the absence of road or other 

infrastructure. An individual must 

provide airline receipts for travel with a 

departure and destination airport within 

reasonable distance from the home of 

residence and the educational 

institution. 

(d) Apportionments prohibited. VA 

will not apportion educational 

assistance. 

(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. 

(f) Authority. (1) Paragraph (a) of this 

section issued under the authority of 38 

U.S.C. 3034(a), 3313(g), 3323(a), 3680, 

5301; 

(2) Paragraph (b)(1) of this section 

issued under the authority of 38 U.S.C. 

3034(a), 3323(a), 3680(g), 3689; 31 

U.S.C. 7701(c); 

(3) Paragraph (b)(2) of this section 

issued under the authority of 38 U.S.C. 

3034(a), 3323(a), 3689; 

(4) Paragraphs (b)(3) through (b)(5) of 

this section issued under the authority 

of 38 U.S.C. 3034(a), 3323(a), 3689; 

(5) Paragraph (b)(6) of this section 

issued under the authority of 38 U.S.C. 

3315A; 

(6) Paragraph (b)(7) of this section 

issued under the authority of 38 U.S.C. 

3680(a); 

(7) Paragraph (c) of this section issued 

under the authority of 38 U.S.C. 3318; 

(8) Paragraph (d) of this section issued 

under the authority of 38 U.S.C. 3034(a), 

3323(a), 3680); and 

(9) Paragraph (e) of this section issued 

under the authority of 38 U.S.C. 5121. 

(The Office of Management and Budget has 

approved the information collection 

provisions in paragraphs (a) through (b)(1) of 

this section under control number 2900– 

0073, the information collection provisions 

in paragraphs (b)(2) through (5) of this 

section under control numbers 2900–0695 

and 2900–0706, and the information 

collection provisions in paragraph (b)(6) 

under control numbers 2900–0695, 2900– 

0698, and 2900–0706.) 

■ 54. Amend § 21.9690 by revising the 

section heading and adding 

introductory text to read as follows: 

§ 21.9690 Nonduplication of educational 

assistance—for provisions effective before 

August 1, 2011. 

For training pursued during the 

period beginning August 1, 2009, and 

ending July 31, 2011— 

* * * * * 

■ 55. Add § 21.9691 to read as follows: 

§ 21.9691 Nonduplication of educational 

assistance—for provisions effective after 

July 31, 2011. 

For training pursued after July 31, 

2011— 

(a) Nonduplication—Concurrent 

benefits. 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), 

(1) An eligible individual is barred 

from receiving educational assistance 

under 38 U.S.C. chapter 33 concurrently 

with educational assistance provided 

under— 

(i) 10 U.S.C. 510 (National Call to 

Service); 

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

(Montgomery GI Bill—Selected 

Reserve); 

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

Educational Assistance Program); 

(iv) 10 U.S.C. chapter 106a (Section 

901, Educational Assistance Test 

Program); 

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

GI Bill—Active Duty); 

(vi) 38 U.S.C. chapter 31 (Veteran 

Readiness and Employment Program); 

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

Assistance); 

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

and Dependents’ Educational 

Assistance); or 

(ix) Hostage Relief Act of 1980. 

(2) An individual who is eligible for 

educational assistance under more than 

one program listed in paragraph (a)(1) 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. 

(b) 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. 

(c) Nonduplication—Transferred 

benefits and Fry Scholarship. An 

individual entitled to educational 

assistance under § 21.9520(d) and 

because of a transfer of entitlement 

under § 21.9571— 

(1) May not receive educational 

assistance under both provisions 

concurrently. 

(2) Must specify in writing the 

provision under which he or she wishes 

to receive benefits. The individual may 

request to receive benefits under either 

provision at any time, but may not 

change the provision under which he or 

she will receive benefits more than once 

during a term, quarter, or semester. 

Except in cases when an individual 

exhausts entitlement under a provision 

during a term, quarter, or semester, the 

request will be effective the beginning 

date of the enrollment period following 

the request. 

(d) Nonduplication—Transferred 

benefits. An individual who is entitled 

to educational assistance based on a 

transfer of entitlement under § 21.9571 

from more than one individual— 

(i) May not receive assistance based 

on transfers from more than one 

individual concurrently. 

(ii) Must specify in writing whose 

entitlement he or she wishes to use at 

any one time. The individual may 

request to use benefits transferred to 

him or her by any of the transferors at 

any time, but may not change whose 

entitlement he or she wishes to use from 

one individual to another more than 

once during a term, quarter, or semester. 

Except in cases when an individual 

exhausts his or her transferred 

entitlement during a term, quarter, or 

semester, the request will be effective 

the beginning date of the enrollment 

period following the request. 

(e) Nonduplication—Fry Scholarship 

and compensation and pension. The 

commencement of a program of 

education based on eligibility for 

educational assistance under 

§ 21.9520(d) by an eligible individual is 

a bar to— 

(1) Subsequent payments of 

dependency and indemnity 

compensation or pension based on the 

death of a parent to the eligible 

individual when the eligible individual 

attains 18 years of age. 

(2) Increased rates, or additional 

amounts, of compensation, dependency 

and indemnity compensation, or 


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5356 Federal Register / Vol. 90, No. 10 / Thursday, January 16, 2025 / Rules and Regulations 

pension paid on account of the eligible 

individual. 

(f) Nonduplication—Fry Scholarship. 

(1) An individual who is entitled to 

educational assistance based on the 

death of more than one parent under 

§ 21.9520(d) may not receive assistance 

under § 21.9520(d) for the same 

enrollment period based on the deaths 

of both parents. 

(2) The individual must specify in 

writing on which parent’s death to base 

his or her entitlement. The individual 

may request to base entitlement on 

either parent’s death at any time, but 

may not change on whose death he or 

she chooses to base entitlement more 

than once during a term, quarter, or 

semester. Except in cases where an 

individual exhausts entitlement that is 

based on one parent’s death during a 

term, quarter, or semester, the request 

will be effective the beginning date of 

the enrollment period following the 

request. 

(g) Nonduplication—Entitlement 

based on individual’s active duty 

service. (1) An individual who is 

entitled to educational assistance under 

§ 21.9520(a) or (b) and who is entitled 

to educational assistance under 

§ 21.9520(d) or § 21.9571 may not 

receive educational assistance based on 

his or her own period of service and 

educational assistance based on 

someone else’s service concurrently. 

(2) The individual must specify in 

writing the provision under which he or 

she wishes to receive benefits. The 

individual may request to receive 

benefits under either provision at any 

time, but may not change the provision 

under which he or she will receive 

benefits more than once during a term, 

quarter, or semester. Except in cases 

when an individual exhausts 

entitlement under one provision during 

a term, quarter, or semester, the request 

will be effective the beginning date of 

the enrollment period following the 

request. 

(h) Nonduplication—Eligibility based 

on a single event or period of service— 

(1) Active duty service. (i) An individual 

with qualifying active duty service in 

the Armed Forces that may be used to 

establish eligibility for educational 

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

32, or 33, and 10 U.S.C. chapter 1606 or 

1607, must make an irrevocable election 

in writing specifying under which 

program to establish eligibility and to 

which program to credit service. 

(ii) An individual may not request 

that portions of a single period of 

service be credited to different benefit 

programs. VA considers a single period 

of service to be one from which the 

individual is discharged or released, 

including a discharge for immediate 

reenlistment. 

(2) Assistance based on parent’s 

service. A child eligible for educational 

assistance under § 21.9520(d) and 38 

U.S.C. chapter 35, based on the parent’s 

death must make an irrevocable election 

in writing specifying which benefit he 

or she wishes to receive. 

(i) Authority. (1) Paragraph (a)(1) of 

this section issued under the authority 

of 38 U.S.C. 3034(a), 3322, 3323(a), 

3681; section 901, Pub. L. 96–342; 

(2) Paragraph (a)(2) of this section 

issued under the authority of 38 U.S.C. 

3034(a), 3322, 3323(a), 3681; 

(3) Paragraph (b) of this section issued 

under the authority of 38 U.S.C. 3034(a), 

3323(a), 3681; 

(4) Paragraph (c) of this section issued 

under the authority of 38 U.S.C. 3322(e), 

3323(c); 

(5) Paragraph (d) of this section issued 

under the authority of 38 U.S.C. 3322(g), 

3323(c); 

(6) Paragraph (e) of this section issued 

under the authority of 38 U.S.C. 3322(f); 

(7) Paragraph (f) of this section issued 

under the authority of 38 U.S.C. 501(a), 

3323(c); 

(8) Paragraph (g) of this section issued 

under the authority of 38 U.S.C. 501(a), 

3323(c); and 

(9) Paragraph (h) of this section issued 

under the authority of 38 U.S.C. 501(a), 

3322(h); 

(The Office of Management and Budget has 

approved the information collection 

provisions in paragraphs (a) through (e) of 

this section under control number 2900– 

0098, and the information collection 

provisions in paragraphs (f) through (h) of 

this section under control numbers 2900– 

0154 and 2900–0098.) 

■ 56. Amend § 21.9695 by: 

■ a. Removing the parenthetical 

authority citation at the end of 

paragraph (a); 

■ b. In paragraph (a), removing 

‘‘institutions of higher learning’’ and 

adding in its place ‘‘educational 

institutions’’; 

■ c. In paragraph (b), removing 

‘‘institution of higher learning’’ 

wherever it appears and adding in its 

place ‘‘educational institution’’; 

■ d. Revising paragraph (b)(3) and 

removing the parenthetical authority 

citation at the end of the paragraph; 

■ f. In paragraph (b)(4)(ii)(A), removing 

‘‘established charges’’ and adding in its 

place ‘‘tuition and fees’’; 

■ g. Removing the parenthetical 

authority citation at the end of 

paragraph (b)(4)(ii)(C); and 

■ h. Adding paragraph (c). 

The revision and addition read as 

follows: 

§ 21.9695 Overpayments. 

* * * * * 

(b) * * * 

(3)(i) The amount of the overpayment 

of educational assistance paid to the 

eligible individual, or paid to the 

educational institution on behalf of the 

individual, constitutes a liability of the 

educational institution if: 

(A) VA determines that the 

overpayment is the result of willful or 

negligent false certification by the 

educational institution, or willful or 

negligent failure to certify excessive 

absences from a course, discontinuance 

of a course, or interruption of a course 

by the eligible individual. 

(B) The student never attends classes 

for which he or she was certified 

(regardless of the reason for nonattendance); 

(C) The student completely withdraws 

from all courses on or before the first 

day of the certified period of 

enrollment; 

(D) The student dies during the term 

(see §§ 21.9635(a)(2) and 21.9636(a)(2)); 

(E) The educational institution 

receives a payment for the wrong 

student; 

(F) The educational institution 

receives a duplicate payment for a 

student; 

(G) The educational institution 

receives a payment in excess of the 

amount certified to VA on the 

enrollment certification; or 

(H) The educational institution 

submits an amended enrollment 

certification to correctly report a 

reduced amount of tuition and fee 

charges, reduced Yellow Ribbon 

Program contributions, or reduced 

amounts for both tuition and fees and 

Yellow Ribbon Program contributions. 

(ii) In determining whether an 

overpayment resulting from the actions 

listed in paragraph (b)(3)(i) of this 

section should be recovered from an 

educational institution, VA will apply 

the provisions of § 21.4009 (except 

paragraph (a)(1)) to overpayments of 

educational assistance under 38 U.S.C. 

chapter 33. 

* * * * * 

(c) Authority. (1) Paragraph (a) of this 

section issued under the authority of 38 

U.S.C. 3034(a), 3323(a), 3690(b); 

(2) Paragraphs (b) through (b)(3)(ii) of 

this section issued under the authority 

of 38 U.S.C. 3034(a), 3323(a), 3685; and 

(3) Paragraphs (b)(3)(iii) through (b)(4) 

of this section issued under the 

authority of 38 U.S.C. 3034(a), 3323, 

3685, 5302. 

■ 57. Amend § 21.9700 by: 

■ a. Removing ‘‘established charges’’ 

wherever it appears and adding in its 

place ‘‘tuition and fees’’; 


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Federal Register / Vol. 90, No. 10 / Thursday, January 16, 2025 / Rules and Regulations 5357 

■ b. Removing ‘‘38 U.S.C. chapter 

3313(c)(1)(A)’’ wherever it appears and 

adding in its place ‘‘paragraphs (b) and 

(c) of § 21.9640 and paragraphs (b)(1) 

and (2) of § 21.9641’’; 

■ c. Revising paragraph (b); 

■ d. In paragraph (d)(6)(i), removing 

‘‘undergraduate’’ and adding in its place 

‘‘certificate, undergraduate’’; 

■ e. In paragraph (f), removing ‘‘school’’ 

and adding in its place ‘‘IHL’’; 

■ f. In paragraph (g), removing 

‘‘school’s’’ and adding in its place 

‘‘IHL’s’’; and 

■ g. Adding at the end of the section a 

parenthetical with the OMB control 

number for the approval of the 

information collection. 

The revision and addition read as 

follows: 

§ 21.9700 Yellow Ribbon Program. 

* * * * * 

(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 § 21.9640(a) 

or § 21.9641(a), whichever is applicable) 

or to their designated dependents using 

entitlement transferred under § 21.9570 

or § 21.9571, whichever is applicable, or 

effective August 1, 2018, to individuals 

using Fry Scholarship entitlement under 

§ 21.9520(d) who are pursuing training 

at an eligible IHL. 

* * * * * 

(The Office of Management and Budget has 

approved the information collection 

provisions in this section under control 

numbers 2900–0154 and 2900–0718.) 

■ 58. Revise § 21.9710 to read as 

follows: 

§ 21.9710 Pursuit. 

Except for an eligible individual 

seeking tuition assistance Top-Up or 

reimbursement for taking an approved 

national test for admission, a national 

test for credit, or a licensing or 

certification test, the individual’s 

educational assistance depends upon 

his or her pursuit of a program of 

education. 

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

§ 21.9715 [Amended] 

■ 59. Amend § 21.9715 by: 

■ a. Removing ‘‘the institution of higher 

learning’’ wherever it appears and 

adding in its place ‘‘the educational 

institution’’; 

■ b. In the introductory text, removing 

‘‘§ 21.9640(b)(1)(ii) or (b)(2)(ii)’’ and 

adding in its place ‘‘§ 21.9640(b)(1)(ii), 

(b)(2)(ii), or § 21.9641(c), whichever is 

applicable’’; 

■ c. In paragraph (b)(1), removing ‘‘an 

institution of higher learning’’ and 

adding in its place ‘‘the educational 

institution’’; and 

■ d. In paragraph (b)(2), removing 

‘‘§ 21.9730’’ and adding in its place 

‘‘§ 21.9735’’. 

■ 60. Amend § 21.9720 by revising the 

section heading and the introductory 

text to read as follows: 

§ 21.9720 Certification of enrollment—for 

provisions effective before August 1, 2011. 

For training pursued during the 

period beginning August 1, 2009, and 

ending July 31, 2011, an IHL must 

certify an eligible individual’s 

enrollment before he or she may receive 

educational assistance, except as stated 

in § 21.9680. 

* * * * * 

■ 61. Add § 21.9721 to read as follows: 

§ 21.9721 Certification of enrollment—for 

provisions effective after July 31, 2011. 

For training pursued after July 31, 

2011, an educational institution must 

certify an eligible individual’s 

enrollment before he or she may receive 

educational assistance, except as stated 

in § 21.9681. 

(a) Educational institutions must 

certify most enrollments. VA does not, 

as a condition of advance payment, 

require educational institutions to 

certify the enrollments of eligible 

individuals who are seeking an advance 

payment (as described in § 21.9715). VA 

does not require organizations or 

entities offering a national test for 

admission, a national test for credit, or 

a licensing or certification test to certify 

that the eligible individual took the test. 

In all other cases, the educational 

institution 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. 

(b) Length of the enrollment period 

covered by the enrollment certification. 

(1) Educational institutions 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 educational 

institution will report each term, 

quarter, or semester separately. 

(2) Educational institutions 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 educational institution 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 educational 

institution has no prescribed maximum 

time for completion, the certification 

must include an ending date based on 

the educational institution’s estimate for 

completion. 

(c) Authority. (1) Paragraph (a) of this 

section issued under the authority of 38 

U.S.C. 3014(b), 3031, 3034(a), 3323(a), 

3482(g), 3680, 3687, 3689, 5101(a); and 

(2) Paragraph (b) of this section issued 

under the authority of 38 U.S.C. 3034(a), 

3323(a), 3684. 

(The Office of Management and Budget has 

approved the information collection 

provision in this section under control 

number 2900–0073.) 

§ 21.9725 [Amended] 

■ 62. Amend § 21.9725 by: 

■ a. Removing ‘‘institution of higher 

learning’’ wherever it appears and 

adding in its place ‘‘educational 

institution’’; and 

■ b. In paragraph (b), removing 

‘‘institution of higher learning’s’’ and 

adding in its place ‘‘educational 

institution’s’’. 

§ 21.9735 [Amended] 

■ 63. Amend § 21.9735 by removing 

‘‘individuals and institutions of higher 

learning’’ and adding in its place 

‘‘eligible individuals and educational 

institutions’’. 

§ 21.9740 [Amended] 

■ 64. Amend § 21.9740 by: 

■ a. Removing ‘‘institution of higher 

learning’’ wherever it appears and 

adding in its place ‘‘educational 

institution’’; and 

■ b. Removing ‘‘institution of higher 

learning’s’’ wherever it appears and 

adding in its place ‘‘educational 

institution’s’’. 

■ 65. Amend § 21.9750 by: 

■ a. In paragraph (a), removing 

‘‘institution of higher learning’’ and 

adding in its place ‘‘educational 

institution’’; 

■ b. Revising the heading to paragraph 

(b); 

■ c. Removing paragraph (b) 

introductory text; and 

■ d. Revising paragraph (b)(1). 

The revisions read as follows: 

§ 21.9750 Course measurement. 

* * * * * 


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5358 Federal Register / Vol. 90, No. 10 / Thursday, January 16, 2025 / Rules and Regulations 

(b) Measurement of courses reported 

in clock hours at IHLs. (1) If the courses 

pursued at an IHL are measured in clock 

hours, VA will 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) of this section by the total number 

of weeks in the term; and 

(iii) Multiplying the result of 

paragraph (b)(2) of this section rounded 

to the nearest 100th by— 

(A) If the educational institution 

measures courses using both credit and 

clock hours, the decimal determined by 

dividing the number of credit hours 

considered full-time at the educational 

institution by the number of clock hours 

considered full-time at the educational 

institution. 

(B) If the educational institution 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 

educational institution. 

* * * * * 

§ 21.9765 [Amended] 

■ 66. Amend § 21.9765 by removing 

‘‘institution of higher learning’’ and 

adding in its place ‘‘educational 

institution’’. 

[FR Doc. 2024–29907 Filed 1–15–25; 8:45 am] 

BILLING CODE 8320–01–P 


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