---
kind: "section"
citation: "38 C.F.R. § 21.3044"
title: "38"
number: "21.3044"
heading: "Entitlement."
url: "https://uscodex.org/cfr/38/21.3044"
---

# §21.3044. Entitlement.

- (a) **Limitations on entitlement.** Each eligible person in entitled to educational assistance not in excess of 45 months, or the equivalent thereof in part-time training. The Department of Veterans Affairs will not authorize an extension of entitlement except as provided in [paragraph (c)](#c) of this section. The period of entitlement when added to education or training received under any or all of the laws cited in [§ 21.4020](/cfr/38/21.4020.md) will not exceed 48 months of full-time educational assistance. The period of entitlement will not be reduced by any period during which employment adjustment allowance was paid after the eligible person completes a period of rehabilitation and reaches a point of employability.
- (b) **Continuous pursuit is not required.** The 45-month period of entitlement is any 45 months within the period of eligibility. The eligible person is not required to pursue his or her program for 45 consecutive months.
- (c) **Exceeding the 45 months limitation.** The 45 months limitation may be exceeded only in the following cases:
  - (1) Where no charge against the entitlement is made based on a course or courses pursued by a spouse or surviving spouse under the special assistance for the educationally disadvantaged program (See [§ 21.3344(d)](/cfr/38/21.3344.md?p=d); or
  - (2) Where special restorative training authorized under [§ 21.3300](/cfr/38/21.3300.md) exceeds 45 months.

## Notes

### Amendments

[49 FR 48692, Dec. 14, 1984, as amended at 61 FR 26109, May 24, 1996]

### Authority

Authority: 38 U.S.C. 501(a), 512, 3500-3566, and as noted in specific sections.

### Amendments

[49 FR 48692, Dec. 14, 1984, as amended at 61 FR 26109, May 24, 1996]