38 C.F.R. §§ 21.5050–21.5270

§21.5050. Application requirements for participation.

38 C.F.R. § 21.5050

(a)

An individual, who is otherwise eligible to become a participant, must apply to the Service Department under which he or she serves upon forms prescribed by the Service Department and/or Secretary of Defense.

(b)

No application to participate may be made before entry upon active duty.

(c)

Each application must be submitted in time to permit the Service Department to make the required deduction from the individual's military pay for at least 1 month before the applicant's discharge or release from active duty.

Notes, amendments, and revision history

Authority

Authority: 38 U.S.C. 501(a), chs. 32, 36, and as noted in specific sections.

Source

Source: 45 FR 31, Jan. 2, 1980, unless otherwise noted.

§21.5052. Contribution requirements.

38 C.F.R. § 21.5052

(a)

Minimum period of participation. Each individual who agrees to participate must do so for a minimum period of 12 consecutive months, unless the participant:

(1)

Is allowed to disenroll for hardship reasons;

(2)

Is permitted to suspend participation for hardship reasons;

(3)

Is discharged or released from active duty;

(4)

Otherwise ceases to be legally eligible to participate; or

(5)

Elects to make a lump-sum contribution which, when taken together with his or her other contributions, equals the equivalent of at least 12 months' participation.

(b)

Amount of monthly contribution. The individual shall specify the amount of his or her contribution to the fund.

(1)

The contribution shall be at least $25 per month but not more than $100 per month.

(2)

The contribution shall be evenly divided by five. See § 21.5292 for contributions made during the 1-year pilot program.

(c)

Amount of total contribution. An individual may contribute for the number of months required to reach a total contribution of $2,700.

(d)

Changing the monthly contribution. An individual may increase or decrease the amount of the monthly contribution, but may not do so more than once a month.

(e)

Prohibition against contributing. An individual may not make contributions to the fund after the date of his or her discharge. The VA does not consider the return of an unnegotiated refund check to be a contribution. A person who returns a refund check remains continuously eligible for benefits.

(f)

Lump-sum contribution. After September 30, 1980 an individual may make a lump-sum contribution or contributions in place of or in addition to monthly contributions.

(1)

A lump-sum contribution—

(i)

Must be evenly divisible by five,

(ii)

Must, when taken together with any monthly contributions the participant may have made or may agree to make, equal or exceed 12 months' participation, and

(iii)

Must not exceed $2,700 when taken together with any monthly contributions the participant may have made or may agree to make.

(2)

The Department of Veterans Affairs will consider the lump-sum contributions to have been made by monthly deductions from the participant's military pay at the rate of $100 per month unless the participant specifies a different rate which must be

(i)

No lower than $25 per month,

(ii)

No higher than $100 per month, and

(iii)

Evenly divisible by five.

(3)

If otherwise eligible to make contributions, a participant:

(i)

May make a lump-sum contribution to cover any period of his or her active duty. This may entail a retroactive period, including one which—

(A)

Begins after December 31, 1976, and before October 1, 1980, or

(B)

Although made after October 27, 1986, includes all or part of the period beginning on July 1, 1985, and ending on October 27, 1986.

(ii)

May make a lump-sum contribution which has the effect of increasing the amount of a monthly contribution the participant made previously, but the payment cannot have the effect of increasing the monthly contribution to an amount greater than $100;

(iii)

May make a lump-sum payment to cover a period for which he or she previously obtained a refund;

(iv)

May not make a lump-sum payment to cover a period during which the participant was not on active duty or will not be on active duty.

(4)

A participant may make as many lump-sum contributions as he or she desires, but he or she may not make more than one lump-sum contribution per month.

Notes, amendments, and revision history

Amendments

[45 FR 31, Jan. 2, 1980, as amended at 47 FR 51744, Nov. 17, 1982; 48 FR 50530, Nov. 2, 1983; 53 FR 617, Jan. 11, 1988; 53 FR 34496, Sept. 7, 1988]

Authority

Authority: 38 U.S.C. 501(a), chs. 32, 36, and as noted in specific sections.

Source

Source: 45 FR 31, Jan. 2, 1980, unless otherwise noted.

Amendments

[45 FR 31, Jan. 2, 1980, as amended at 47 FR 51744, Nov. 17, 1982; 48 FR 50530, Nov. 2, 1983; 53 FR 617, Jan. 11, 1988; 53 FR 34496, Sept. 7, 1988]

§21.5053. Restoration of contributions (Persian Gulf War).

38 C.F.R. § 21.5053

(a)

Restoration of contributions when no entitlement is charged. If the provisions of § 21.5072(i) require that a veteran's entitlement not be charged for a payment or payments he or she received, the amount of the veteran's contributions which were included in the payment or payments will be restored to the fund by the Department of Defense.

(b)

Restored contributions are treated like other contributions. VA will treat contributions which have been restored under paragraph (a) of this section as though the veterans had contributed them for all purposes including—

(1)

Computing the veteran's monthly rates and benefit payments under § 21.5138, and

(2)

Determining any refund which may become due the veteran under §§ 21.5064 and 21.5065.

Notes, amendments, and revision history

Amendments

[58 FR 34369, June 25, 1993]

Authority

Authority: 38 U.S.C. 501(a), chs. 32, 36, and as noted in specific sections.

Source

Source: 45 FR 31, Jan. 2, 1980, unless otherwise noted.

Amendments

[58 FR 34369, June 25, 1993]

§21.5054. Dates of participation.

38 C.F.R. § 21.5054

(a)

General. An individual may participate after December 31, 1976. An individual was not eligible for benefits before July 1, 1977, unless discharged after January 1, 1977, for a service-connected condition. The first date on which an individual on active duty enrolled in a course, courses or a program of education leading to a secondary school diploma or equivalency certificate may receive benefits is subject to the eligibility requirements of § 21.5040(f)(4) and (5).

(b)

Termination of right to begin participation.

(1)

Except as provided in paragraph (b)(3) of this section, no individual on active duty in the Armed Forces may initially enroll after June 30, 1985.

(2)

An initial enrollment occurs when a serviceperson who has never contributed to the fund—

(i)

First makes a lump-sum payment to the fund, or

(ii)

First authorizes an allotment to VA for deposit in the fund. See 32 CFR 59.3(b)(10).

(3)

Notwithstanding the provisions of paragraph (b)(1) of this section, any individual on active duty in the Armed Forces who was eligible to enroll on June 30, 1985, may enroll at any time during the period beginning on October 28, 1986, and ending on March 31, 1987.

Notes, amendments, and revision history

Amendments

[51 FR 2695, Jan. 21, 1986; 51 FR 12321, Apr. 10, 1986, as amended at 53 FR 34496, Sept. 7, 1988]

Authority

Authority: 38 U.S.C. 501(a), chs. 32, 36, and as noted in specific sections.

Source

Source: 45 FR 31, Jan. 2, 1980, unless otherwise noted.

Amendments

[51 FR 2695, Jan. 21, 1986; 51 FR 12321, Apr. 10, 1986, as amended at 53 FR 34496, Sept. 7, 1988]

§21.5058. Resumption of participation.

38 C.F.R. § 21.5058

(a)

General. An eligible individual, who remains otherwise eligible, may resume active contribution to the fund, if he or she has:

(1)

Voluntarily elected to suspend following completion of minimum participation;

(2)

Suspended at any time for reasons of hardship; or

(3)

Received a discharge or release from active duty after participation and reenlisted.

(b)

Disenrollment in order to participate in other educational programs. A person who elects to disenroll in order to receive educational assistance allowance under 38 U.S.C. chapter 34 or to receive an officer adjustment benefit payable under sec. 207, Pub. L. 101-366, 104 Stat. 442, may not reenroll if he or she has negotiated a check under the provisions of law governing the program elected in lieu of the Post-Vietnam Era Veterans' Educational Assistance Program. A person who elects to disenroll in order to receive educational assistance under the Montgomery GI Bill—Active Duty, as provided in § 21.7045, may not reenroll.

(c)

Reenrollment permitted following some disenrollments.

(1)

Except as provided in paragraph (b) of this section, a person who has disenrolled may reenroll, but will have to qualify again for minimum participation as described in § 21.5052(a).

(2)

If a person does reenroll, he or she may “repurchase” entitlement by tendering previously refunded contributions which he or she received upon disenrollment, subject to the conditions of § 21.5052(f).

Notes, amendments, and revision history

Amendments

[45 FR 31, Jan. 2, 1980, as amended at 46 FR 29474, June 2, 1981; 47 FR 51745, Nov. 17, 1982; 51 FR 12853, Apr. 16, 1986; 58 FR 38058, July 15, 1993; 58 FR 40468, July 28, 1993; 61 FR 7217, 7218, Feb. 27, 1996; 61 FR 29029, June 7, 1996]

Authority

Authority: 38 U.S.C. 501(a), chs. 32, 36, and as noted in specific sections.

Source

Source: 45 FR 31, Jan. 2, 1980, unless otherwise noted.

Amendments

[45 FR 31, Jan. 2, 1980, as amended at 46 FR 29474, June 2, 1981; 47 FR 51745, Nov. 17, 1982; 51 FR 12853, Apr. 16, 1986; 58 FR 38058, July 15, 1993; 58 FR 40468, July 28, 1993; 61 FR 7217, 7218, Feb. 27, 1996; 61 FR 29029, June 7, 1996]

§21.5060. Disenrollment.

38 C.F.R. § 21.5060

(a)

Voluntary disenrollment.

(1)

An individual may disenroll at anytime after the initial 12 months of participation.

(2)

At any time within the initial 12 months of participation, an individual may elect to disenroll for reasons of personal hardship only.

(b)

Nonvoluntary disenrollment. The Department of Veterans Affairs shall disenroll automatically an individual who meets any of the following sets of conditions:

(1)

The individual is discharged or released from his or her initial obligated period of active service and:

(i)

The discharge or release is under dishonorable conditions, or

(ii)

A statutory bar to benefits administered by the Department of Veterans Affairs exists for the individual;

(2)

The individual participated only after completion of the initial or subsequent period of active service; is discharged or released and:

(i)

The discharge or release is under dishonorable conditions, or

(ii)

A statutory bar to benefits exists for the individual; or

(3)

The individual has not utilized all of his or her entitlement to benefits within the 10-year period stated in § 21.5041, and at the end of one year thereafter has not filed a claim for educational assistance allowance as provided in § 21.5030(c).

Notes, amendments, and revision history

Amendments

[45 FR 31, Jan. 2, 1980, as amended at 46 FR 59247, Dec. 4, 1981; 51 FR 12853, Apr. 16, 1986; 58 FR 31910, June 7, 1993; 61 FR 29030, June 7, 1996]

Authority

Authority: 38 U.S.C. 501(a), chs. 32, 36, and as noted in specific sections.

Source

Source: 45 FR 31, Jan. 2, 1980, unless otherwise noted.

Amendments

[45 FR 31, Jan. 2, 1980, as amended at 46 FR 59247, Dec. 4, 1981; 51 FR 12853, Apr. 16, 1986; 58 FR 31910, June 7, 1993; 61 FR 29030, June 7, 1996]

§21.5062. Date of disenrollment.

38 C.F.R. § 21.5062

An individual will be disenrolled effective:

(a)

The date the Department of Veterans Affairs or the Service Department determines he or she has ceased to be legally entitled to participate; or

(b)

The date the individual negotiates the check which represents a refund of his or her remaining contributions to the fund, whichever is earlier.

Notes, amendments, and revision history

Authority

Authority: 38 U.S.C. 501(a), chs. 32, 36, and as noted in specific sections.

Source

Source: 45 FR 31, Jan. 2, 1980, unless otherwise noted.

§21.5064. Refund upon disenrollment.

38 C.F.R. § 21.5064

(a)

General. A disenrolled individual will be refunded all contributions made by him or her to the fund. He or she will be ineligible to receive benefits under §§ 21.5130 and 21.5138, unless the individual reenrolls as a participant and agrees to participate in a new period of 12 consecutive months as provided in § 21.5058. The amount of the contributions refunded upon disenrollment shall be limited to the amount of his or her contributions not utilized to receive benefits as of the date of disenrollment, less any outstanding debts resulting from overpayments of educational assistance allowance.

(b)

Effective date of refund. The date upon which the refund of contributions, if any, will be made shall be determined as follows:

(1)

If an individual voluntarily disenrolls from the program before discharge or release from active duty, VA will refund the individual's unused contributions:

(i)

On the date of the participant's discharge or release from active duty; or

(ii)

Within 60 days of VA's receipt of notice of the individual's discharge or disenrollment; or

(iii)

As soon as possible after VA's receipt of notice indicating that an earlier refund is needed due to hardship or for other good reasons.

(2)

If an individual voluntarily disenrolls from the program after discharge or release from active duty under other than dishonorable conditions, his or her contributions shall be refunded within 60 days of receipt by VA of an application for a refund from the individual.

(3)

If an individual is disenrolled because he or she is discharged or released from active duty under dishonorable conditions, the individual's contributions remaining in the fund shall be refunded:

(i)

On the date of the individual's discharge or release from active duty; or

(ii)

Within 60 days of receipt of notice by the Department of Veterans Affairs of the individual's discharge or release, whichever is the later.

(4)

If an individual is disenrolled because he or she has not utilized all of his or her entitlement to benefits within the 10-year delimiting period, the individual's contributions remaining in the fund shall be refunded.

(i)

The Department of Veterans Affairs shall notify the individual that the delimiting period has expired and shall state the amount of unused contributions.

(ii)

The Department of Veterans Affairs shall make the refund only if the individual requests it.

(iii)

If VA does not receive a request within 1 year from the date that the individual is notified of his or her entitlement to a refund, VA will presume that the individual's whereabouts is unknown. The funds on deposit for that individual will be transferred in accordance with the provisions of section 1322(a), Title 31, United States Code.

Notes, amendments, and revision history

Amendments

[45 FR 31, Jan. 2, 1980, as amended at 51 FR 46655, Dec. 24, 1986; 53 FR 617, Jan. 11, 1988; 53 FR 34497, Sept. 7, 1988; 58 FR 38058, July 15, 1993; 61 FR 29030, June 7, 1996]

Authority

Authority: 38 U.S.C. 501(a), chs. 32, 36, and as noted in specific sections.

Source

Source: 45 FR 31, Jan. 2, 1980, unless otherwise noted.

Amendments

[45 FR 31, Jan. 2, 1980, as amended at 51 FR 46655, Dec. 24, 1986; 53 FR 617, Jan. 11, 1988; 53 FR 34497, Sept. 7, 1988; 58 FR 38058, July 15, 1993; 61 FR 29030, June 7, 1996]

§21.5065. Refunds without disenrollment.

38 C.F.R. § 21.5065

(a)

Refunds made without disenrollment following a discharge or release under dishonorable conditions—

(1)

A discharge or release under dishonorable conditions may result in a partial refund of contributions. If an individual who would have been eligible, but for the fact of his or her reenlistment, for the award of a discharge or release under conditions other than dishonorable at the time he or she completed an obligated period of service, later receives a discharge or release under dishonorable conditions, the Department of Veterans Affairs may refund a portion of his or her contribution.

(2)

Amount of refund. The Department of Veterans Affairs shall refund to the individual all of his or her remaining contributions made to the fund after the individual completed the obligated period of service.

(3)

Date of refund. The Department of Veterans Affairs shall refund all monies due the individual:

(i)

On the date of the individual's discharge or release from active duty; or

(ii)

Within 60 days of receipt by the Department of Veterans Affairs of notice of the individual's discharge or release, whichever is later.

(b)

Refunds made without disenrollment following a short period of active duty.

(1)

An individual who has contributed to the fund during more than one period of active duty may be required to receive a refund of those contributions made during the most recent period of active duty. When an individual who meets all the criteria in paragraph (b)(2) of this section is discharged, the Department of Veterans Affairs will refund all contributions he or she made during the most recent period of active duty unless the individual meets one or more of the criteria stated in either paragraph (b)(4) or (5) of this section. If he or she meets one of those criteria, the contributions will not be refunded unless the individual voluntarily disenrolls.

(2)

Unless a compulsory refund is prohibited by paragraph (b)(4) or (5) of this section, the Department of Veterans Affairs will refund all contributions made by an individual during the most recent period of active duty when the individual:

(i)

Completed at least one period of active duty before the most recent one during which he or she established entitlement to Post-Vietnam Era Veterans' Educational Assistance;

(ii)

Reentered on his or her most recent period of active duty after October 16, 1981;

(iii)

Contributed to the fund during his or her most recent period of active duty; and

(iv)

Is discharged.

(3)

The circumstances which prohibit an automatic refund of monies contributed during the individual's most recent period of active duty do not relate only to the most recent period of active duty which began after October 16, 1981, but also the individual's prior periods of active duty regardless of whether they began before, after or on October 16, 1981.

(4)

Meeting one or more of the following criteria concerning periods of active duty before the most recent one will be sufficient to prohibit a compulsory refund of contributions made during the most recent period of active duty. The individual:

(i)

Before the most recent period of active duty began, completed at least one continuous period of active duty of at least 24 months, or

(ii)

Was discharged or released under 10 U.S.C. 1171 (early-out discharge) from any period of active duty before the most recent one.

(5)

Meeting one or more of the following criteria concerning the most recent period of active duty will be sufficient to prohibit a compulsory refund of contributions made during the most recent period of active duty. The individual:

(i)

For the most recent period of active duty completes 24 months of continuous active duty, or the full period for which the individual was called or ordered to active duty, whichever is shorter; or

(ii)

Is discharged or released from the most recent period of active duty under 10 U.S.C. 1171 (early-out discharge) or 1173 (hardship discharge); or

(iii)

Is discharged or released from the most recent period of active duty for a disability incurred or aggravated in line of duty; or

(iv)

Has a service-connected disability which give him or her basic entitlement to disability compensation as described in § 3.4(b) of this chapter.

(6)

In computing time served for the purpose of this paragraph, the individual is not entitled for credit for service as specified in § 3.15 of this chapter. However, those periods will be included in determining if the service was continuous.

(7)

The Department of Veterans Affairs shall refund all monies due the individual:

(i)

On the date of the individual's discharge or release from active duty; or

(ii)

Within 60 days of receipt of notice by the Department of Veterans Affairs of the individual's discharge or release, whichever is later.

(c)

Refunds following an election under § 21.5040(b). If a veteran described in § 21.5040(h) makes an election to have a period of service credited toward his or her eligibility and entitlement under 10 U.S.C. Chapter 1606, he or she will be required to receive a refund of any contributions he or she made to the fund during that period of service.

Notes, amendments, and revision history

Amendments

[48 FR 36578, Aug. 12, 1983, as amended at 57 FR 38614, Aug. 26, 1992; 61 FR 20728, May 8, 1996]

Authority

Authority: 38 U.S.C. 501(a), chs. 32, 36, and as noted in specific sections.

Source

Source: 45 FR 31, Jan. 2, 1980, unless otherwise noted.

Amendments

[48 FR 36578, Aug. 12, 1983, as amended at 57 FR 38614, Aug. 26, 1992; 61 FR 20728, May 8, 1996]

§21.5066. Suspension of participation.

38 C.F.R. § 21.5066

An individual may suspend participation in the program without disenrolling. If the individual suspends participation, he or she may resume participation at any time thereafter while on active duty.

(a)

An individual may suspend participation any time after 12 months of participation.

(b)

An individual who has participated for less than 12 consecutive months may not suspend unless the Secretary of Defense determines that the reason for the suspension is due to a personal hardship.

Notes, amendments, and revision history

Authority

Authority: 38 U.S.C. 501(a), chs. 32, 36, and as noted in specific sections.

Source

Source: 45 FR 31, Jan. 2, 1980, unless otherwise noted.

§21.5067. Death of participant.

38 C.F.R. § 21.5067

(a)

Disposition of unused contributions. If an individual dies, the Department of Veterans Affairs shall pay the amount of his or her unused contributions to the fund to the living person or persons in the order listed in this paragraph.

(1)

The beneficiary or beneficiaries designated by the individual under the individual's Servicemen's Group Life Insurance policy;

(2)

The surviving spouse of the individual;

(3)

The surviving child or children of the individual, in equal shares;

(4)

The surviving parent or parents of the individual in equal shares.

(b)

Payments to the individual's estate. If none of the persons listed in paragraph (a) of this section is living, the Department of Veterans Affairs shall pay the amount of the individual's unused contributions to the fund to the individual's estate.

(c)

Payments of accrued benefits. Educational assistance remaining due and unpaid at the date of the veteran's death is payable under the provisions of § 3.1000 of this chapter. For this purpose accrued benefits include the portion of the benefit represented by the individual's contribution as well as the portion included by the Department of Veterans Affairs and the Department of Defense.

Notes, amendments, and revision history

Amendments

[47 FR 51745, Nov. 17, 1982]

Authority

Authority: 38 U.S.C. 501(a), chs. 32, 36, and as noted in specific sections.

Source

Source: 45 FR 31, Jan. 2, 1980, unless otherwise noted.

Amendments

[47 FR 51745, Nov. 17, 1982]

§21.5070. Entitlement.

38 C.F.R. § 21.5070

A participant is entitled to a monthly benefit for periods of time during which the individual is enrolled in, and satisfactorily pursuing, an approved program of education. The amount of the benefit will vary from individual to individual and, in some instances, from month to month as provided in § 21.5138.

Notes, amendments, and revision history

Authority

Authority: 38 U.S.C. 501(a), chs. 32, 36, and as noted in specific sections.

Source

Source: 45 FR 31, Jan. 2, 1980, unless otherwise noted.

§21.5071. Months of entitlement allowed.

38 C.F.R. § 21.5071

(a)

Entitlement based on monthly contributions. The Department of Veterans Affairs will credit an individual with 1 month of entitlement for each month he or she contributes to the fund up to a maximum of 36 months or its equivalent in part-time training.

(b)

Entitlement based on lump-sum contributions. If an individual elects to make a lump-sum contribution, the Department of Veterans Affairs will credit an individual with 1 month of entitlement for:

(1)

Every $100 included in the lump sum, or

(2)

Every amount included in the lump sum which—

(i)

Is at least $25 but no more than $100,

(ii)

Is evenly divisible by five, and

(iii)

Is specifically designated by the individual at the time he or she makes the contribution.

(c)

Entitlement based on both monthly and lump-sum contributions.

(1)

If the individual makes both monthly and lump-sum contributions, the Department of Veterans Affairs will:

(i)

Compute the entitlement due to each type of contribution separately under paragraphs (a) and (b) of this section, and

(ii)

Will combine the results of the computations to determine the individual's total entitlement.

(2)

In no event will an individual's entitlement exceed 36 months or its equivalent in part-time training.

Notes, amendments, and revision history

Amendments

[47 FR 51745, Nov. 17, 1982, as amended at 48 FR 50530, Nov. 2, 1983]

Authority

Authority: 38 U.S.C. 501(a), chs. 32, 36, and as noted in specific sections.

Source

Source: 45 FR 31, Jan. 2, 1980, unless otherwise noted.

Amendments

[47 FR 51745, Nov. 17, 1982, as amended at 48 FR 50530, Nov. 2, 1983]

§21.5072. Entitlement charge.

38 C.F.R. § 21.5072

The Department of Veterans Affairs shall determine the entitlement charge for each payment in the same manner for all individuals regardless of whether they are on active duty. Unless the circumstances described in paragraph (i) of this section apply to a servicemember or veteran, VA will use paragraphs (a) through (h) of this section to determine an entitlement charge.

(a)

General.

(1)

Except as provided in paragraphs (b) through (i) of this section, VA will make a charge against entitlement as follows:

(i)

The Department of Veterans Affairs will charge an individual who is a full-time student 1 month's entitlement for each monthly benefit paid to him or her.

(ii)

The Department of Veterans Affairs will charge an individual who is other than a full-time student 1 month's entitlement for each sum of money paid equivalent to what the individual would have been paid had he or she been a full-time student for 1 month.

(2)

When the computation results in a period of time other than a full month, the entitlement charge will be prorated.

(b)

Secondary school program.

(1)

The Department of Veterans Affairs will make no charge against the entitlement of an individual:

(i)

Who is pursuing a course, courses or a program of education leading to a secondary school diploma or an equivalency certificate, and

(ii)

Whose educational assistance allowance is the monthly rate of the tuition and fees being charged to him or her for the course.

(2)

The Department of Veterans Affairs will make a charge (in the same manner as for any other residence training) against the entitlement of an individual who:

(i)

Is pursuing a course, courses or a program of education leading to a secondary school diploma or an equivalency certificate, and

(ii)

Elects to receive educational assistance allowance calculated according to § 21.5136.

(c)

Correspondence training courses.

(1)

A charge against the period of entitlement for a program consisting exclusively of correspondence training will be made on the basis of 1 month for each sum of money paid equivalent to the dollar value of a month of entitlement as determined under § 21.5138(a)(2)(viii), which is paid to the individual as an educational assistance allowance for this training. When computation results in a period of time other than a full month, the charge will be prorated.

(2)

If the individual is contributing to the fund at the same time that benefits are being used or subsequently contributes a sum or sums, the entitlement charges will not be recomputed. Thus, if the monthly rate arrived at by applying the formula is determined to be $150 at the time a benefit program for correspondence training is computed, the individual will be charged 1 month of entitlement for each $150 paid. If a different monthly rate is computed at the time of a subsequent payment for such training, no adjustment will be made in the entitlement charged for the previous payment(s) even though the value of each month's entitlement may vary from payment to payment.

(d)

Apprenticeship or other on-job training.

(1)

The VA will determine the entitlement charge for a veteran in apprenticeship or other on-job training as stated in this paragraph.

(2)

The entitlement charge will be—

(i)

75 percent of a month for those months for which the veteran's monthly payment is based upon 75 percent of the monthly benefit otherwise payable to him or her;

(ii)

55 percent of a month for those months for which the veteran's monthly payment is based upon 55 percent of the monthly benefit otherwise payable to him or her; and

(iii)

35 percent of a month for those months for which the veteran's monthly payment is based upon 35 percent of the monthly benefit otherwise payable to him or her.

(3)

The charge against the veteran's entitlement will be prorated if—

(i)

The veteran's enrollment period ends in the middle of a month,

(ii)

The veteran's monthly rate is reduced in the middle of a month, or

(iii)

The veteran's monthly payment is reduced because he or she worked less than 120 hours during the month. In this instance the number of hours worked will be rounded to the nearest multiple of eight, and the entitlement charge will be reduced proportionately.

(e)

Cooperative training. VA will make a charge against entitlement of 80 percent of a month for each month for which a veteran is paid educational assistance allowance at the cooperative training rate as provided in § 21.5138(a). If the veteran is paid for a partial month of training, the entitlement charge will be prorated.

(f)

Training while the veteran is incarcerated. If the veteran must be paid educational assistance allowance at a reduced rate because he or she is incarcerated as provided in § 21.5139 of this part, VA will make a charge against entitlement of one month for each amount of educational assistance allowance paid to the veteran which is the equivalent of one month's benefits as provided in § 21.5138 of this part for the appropriate type of training pursued.

(g)

Tutorial assistance. If an individual is paid tutorial assistance as provided in § 21.5141 of this part, the following provisions will apply.

(1)

There will be no charge to entitlement for the first $600 of tutorial assistance paid to an individual.

(2)

VA will make a charge against the period of entitlement for each amount of tutorial assistance paid to the individual in excess of $600 that is equal to the amount of monthly educational assistance the individual is otherwise eligible to receive for full-time pursuit of a residence course as provided in § 21.5138(c) of this part. When the amount of tutorial assistance paid to the individual in excess of $600 is less than the amount of monthly educational assistance the individual is otherwise eligible to receive, the entitlement charge will be prorated.

(h)

Flight training courses.

(1)

A charge against the period of entitlement for pursuit of a flight training course will be one month for each sum of money paid equivalent to the dollar value of a month of entitlement as determined under § 21.5138(a)(5)(viii). When this computation results in a period of time other than a full month, the charge will be prorated.

(2)

If the individual is contributing to the fund at the same time that benefits are being used or subsequently contributes a sum or sums, the entitlement charges will not be recomputed. Thus, if the monthly rate arrived at under § 21.5138(a)(5)(viii) is $150 at the time educational assistance allowance is paid for a period of flight training, the individual will be charged one month of entitlement for each $150 paid. If a different monthly rate is computed at the time of a subsequent payment for such training, no adjustment will be made in the entitlement charged for the previous payment(s) even though the value of each month's entitlement may vary from payment to payment.

(i)

Entitlement charge may be omitted for course discontinuance due to orders to, or changing, active duty in certain instances. VA will make no charge against the entitlement of a servicemember or veteran for a payment of educational assistance when—

(1)

(i)

A veteran not serving on active duty had to discontinue course pursuit as a result of being ordered, in connection with the Persian Gulf War by orders dated before September 11, 2001, to serve on active duty under 10 U.S.C. 688, 12301(a), 12301(d), 12301(g), 12302, or 12304, or former 10 U.S.C. 672(a), 672(d), 672(g), 673, or 673b (redesignated effective December 1, 1994, as 10 U.S.C. 12301(a), 12301(d), 12301(g), 12302, and 12304, respectively); or

(ii)

A veteran not serving on active duty had to discontinue course pursuit as a result of being ordered, by orders dated after September 10, 2001, to serve on active duty under 10 U.S.C. 688, 12301(a), 12301(d), 12301(g), 12302, or 12304; or

(iii)

A servicemember serving on active duty had to discontinue course pursuit as a result of being ordered, in connection with the Persian Gulf War by orders dated before September 11, 2001, to a new duty location or assignment or to perform an increased amount of work; or

(iv)

A servicemember serving on active duty had to discontinue course pursuit as a result of being ordered, by orders dated after September 10, 2001, to a new duty location or assignment or to perform an increased amount of work; and

(2)

The veteran or servicemember failed to receive credit or lost training time toward completion of his or her educational, professional, or vocational objective as a result of having to discontinue course pursuit as described in paragraph (i)(1) of this section.

Notes, amendments, and revision history

Amendments

[45 FR 31, Jan. 2, 1980, as amended at 47 FR 51745, Nov. 17, 1982; 48 FR 50530, Nov. 2, 1983; 52 FR 3429, Feb. 4, 1987; 53 FR 34497, Sept. 7, 1988; 55 FR 31582, Aug. 3, 1990; 58 FR 31910, June 7, 1993; 58 FR 34369, June 25, 1993; 58 FR 34526, June 28, 1993; 73 FR 2426, Jan. 15, 2008]

Authority

Authority: 38 U.S.C. 501(a), chs. 32, 36, and as noted in specific sections.

Source

Source: 45 FR 31, Jan. 2, 1980, unless otherwise noted.

Amendments

[45 FR 31, Jan. 2, 1980, as amended at 47 FR 51745, Nov. 17, 1982; 48 FR 50530, Nov. 2, 1983; 52 FR 3429, Feb. 4, 1987; 53 FR 34497, Sept. 7, 1988; 55 FR 31582, Aug. 3, 1990; 58 FR 31910, June 7, 1993; 58 FR 34369, June 25, 1993; 58 FR 34526, June 28, 1993; 73 FR 2426, Jan. 15, 2008]

§21.5076. Entitlement charge—overpayment cases.

38 C.F.R. § 21.5076

(a)

Overpayment cases. VA will make a charge against an individual's entitlement of an overpayment of educational assistance allowance only if:

(1)

The overpayment is discharged in bankruptcy; or

(2)

VA waives the overpayment and does not recover it; or

(3)

The overpayment is compromised.

(b)

Debt discharged in bankruptcy or is waived. If the overpayment is discharged in bankruptcy or is waived and is not recovered, the entitlement charge 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).

(c)

Overpayment is compromised.

(1)

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).

(2)

If the overpayment is compromised and 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 determined in paragraph (c)(2)(i) of this section from the amount of the original overpayment (exclusive of interest, administrative costs of collection, court costs and marshal fees),

(iii)

Dividing the result obtained in paragraph (c)(2)(ii) of this section by the amount of the original debt (exclusive of interest, administrative costs of collection, court costs and marshal fees), and

(iv)

Multiplying the percentage obtained in paragraph (c)(2)(iii) of this section by the amount of the entitlement otherwise chargeable for the period of the original overpayment.

Notes, amendments, and revision history

Amendments

[45 FR 31, Jan. 2, 1980, as amended at 52 FR 45181, Nov. 25, 1987]

Authority

Authority: 38 U.S.C. 501(a), chs. 32, 36, and as noted in specific sections.

Source

Source: 45 FR 31, Jan. 2, 1980, unless otherwise noted.

Amendments

[45 FR 31, Jan. 2, 1980, as amended at 52 FR 45181, Nov. 25, 1987]

§21.5078. Interruption to conserve entitlement.

38 C.F.R. § 21.5078

(a)

Interruption to conserve entitlement generally prohibited. No one may interrupt a certified period of enrollment for the purpose of conserving entitlement. A school may not certify a period of enrollment for a fractional part of the normal term, quarter or semester if the individual actually is enrolled and is pursuing his or her program of education for the entire term, quarter or semester.

(b)

Exceptions. The Department of Veterans Affairs will charge entitlement for the entire period of enrollment certified if the individual otherwise is eligible for benefits, except when benefits are interrupted under any of the following conditions:

(1)

Enrollment actually is terminated.

(2)

Enrollment is canceled and the individual has not negotiated an educational benefits check for any part of the certified period of enrollment.

(3)

The individual—

(i)

Interrupts his or her enrollment at the scheduled end of any term, quarter, semester or school year within the certified period of enrollment; and

(ii)

Has not negotiated any check for educational benefits for the succeeding term, quarter, semester or school year.

(4)

The individual requests interruption or cancellation for any break when a school was closed during a certified period of enrollment and payments were continued under an established policy based upon an Executive order of the President or due to an emergency situation. This exception applies whether or not the individual has negotiated a check for educational benefits for the certified period.

Notes, amendments, and revision history

Authority

Authority: 38 U.S.C. 501(a), chs. 32, 36, and as noted in specific sections.

Source

Source: 45 FR 31, Jan. 2, 1980, unless otherwise noted.

§21.5100. Counseling.

38 C.F.R. § 21.5100

(a)

Purpose. The purpose of counseling is:

(1)

To assist in selecting an objective—

(2)

To develop a suitable program of education or training; and

(3)

To resolve any personal problems which are likely to interfere with the successful pursuit of a program.

(b)

Availability of counseling. Counseling assistance in available for—

(1)

Identifying and removing reasons for academic difficulties which may result in interruption or discontinuance of training, or

(2)

In considering changes in career plans, and making sound decisions about the changes.

(c)

Optional counseling. VA shall provide counseling as needed for the purposes identified in paragraphs (a) and (b) of this section upon request of the individual. VA shall take appropriate steps (including individual notification where feasible) to acquaint all participants with the availability and advantages of counseling services.

(d)

Required counseling.

(1)

In any case in which VA has rated the veteran as being incompetent, VA must provide counseling as described in 38 U.S.C. 3697A prior to selection of a program of education or training. The counseling will follow the veteran's initial application for benefits or any communication from the veteran or guardian indicating that the veteran wishes to change his or her program. This requirement that counseling be provided is met when—

(i)

The veteran has had one or more personal interviews with the counselor;

(ii)

The counselor has jointly developed with the veteran recommendations for selecting a program;

(iii)

These recommendations have been reviewed with the veteran.

(2)

The veteran may follow the recommendations developed in the course of counseling, but is not required to do so.

(3)

VA will take no further action on a veteran's application for assistance under 38 U.S.C. chapter 32 unless he or she—

(i)

Reports for counseling;

(ii)

Cooperates in the counseling process; and

(iii)

Completes counseling to the extent required under paragraph (d)(1) of this section.

Notes, amendments, and revision history

Amendments

[45 FR 31, Jan. 2, 1980, as amended at 47 FR 51746, Nov. 17, 1982; 53 FR 34497, Sept. 7, 1988; 58 FR 31911, June 7, 1993; 61 FR 29030, June 7, 1996; 61 FR 36629, July 12, 1996]

Authority

Authority: 38 U.S.C. 501(a), chs. 32, 36, and as noted in specific sections.

Source

Source: 45 FR 31, Jan. 2, 1980, unless otherwise noted.

Amendments

[45 FR 31, Jan. 2, 1980, as amended at 47 FR 51746, Nov. 17, 1982; 53 FR 34497, Sept. 7, 1988; 58 FR 31911, June 7, 1993; 61 FR 29030, June 7, 1996; 61 FR 36629, July 12, 1996]

§21.5103. Travel expenses.

38 C.F.R. § 21.5103

(a)

General. VA shall determine and pay the necessary expense of travel to and from the place of counseling for a veteran who is required to receive counseling as provided under 38 U.S.C. 111 (a), (d), (e), and (g).

(b)

Restriction. VA will not pay the necessary cost of travel to and from the place of counseling when counseling is not required, but is provided as a result of a voluntary request by the veteran.

Notes, amendments, and revision history

Amendments

[61 FR 29030, June 7, 1996]

Authority

Authority: 38 U.S.C. 501(a), chs. 32, 36, and as noted in specific sections.

Source

Source: 45 FR 31, Jan. 2, 1980, unless otherwise noted.

Amendments

[61 FR 29030, June 7, 1996]

§21.5130. Payments; educational assistance allowance.

38 C.F.R. § 21.5130

VA will apply the following sections in administering benefits payable under 38 U.S.C. Chapter 32:

(a)

Section 21.4131—Commencing dates (except paragraph (d)).

(b)

Section 21.4135—Discontinuance dates.

(c)

Section 21.4138 (except paragraph (b)—Certifications and release of payments.

(d)

Section 21.4146—Assignments of benefits prohibited.

(e)

Section 21.4136(k) (except paragraph (k)(3))—Mitigating circumstances.

Notes, amendments, and revision history

Amendments

[45 FR 31, Jan. 2, 1980, as amended at 46 FR 32024, June 19, 1981; 53 FR 617, Jan. 11, 1988; 55 FR 31582, Aug. 3, 1990; 57 FR 38612, Aug. 26, 1992; 61 FR 29030, June 7, 1996; 63 FR 35836, July 1, 1998; 64 FR 23772, May 4, 1999; 65 FR 5786, Feb. 7, 2000]

Authority

Authority: 38 U.S.C. 501(a), chs. 32, 36, and as noted in specific sections.

Source

Source: 45 FR 31, Jan. 2, 1980, unless otherwise noted.

Amendments

[45 FR 31, Jan. 2, 1980, as amended at 46 FR 32024, June 19, 1981; 53 FR 617, Jan. 11, 1988; 55 FR 31582, Aug. 3, 1990; 57 FR 38612, Aug. 26, 1992; 61 FR 29030, June 7, 1996; 63 FR 35836, July 1, 1998; 64 FR 23772, May 4, 1999; 65 FR 5786, Feb. 7, 2000]

§21.5131. Educational assistance allowance.

38 C.F.R. § 21.5131

(a)

General. Statements in this section concerning payments of educational assistance allowance assume that the veteran or servicemember:

(1)

Is eligible for educational assistance under 38 U.S.C. chapter 32;

(2)

Has remaining entitlement; and

(3)

Has not passed the 10-year delimiting date and any applicable extension to that date.

(b)

Payment of educational assistance allowance for pursuit of programs of education and other courses.

(1)

VA will pay educational assistance allowance at the rate specified in § 21.5136 or § 21.5138 while the veteran or servicemember is pursuing:

(i)

An approved program of education;

(ii)

A refresher or deficiency course; or

(iii)

Special education or training which is necessary to enable the veteran or servicemember to pursue an approved program of education.

(2)

Except as provided in paragraph (c) of this section, VA will not pay educational assistance allowance for pursuit of any course unless the course is:

(i)

Part of the veteran's or servicemember's program of education;

(ii)

A refresher or deficiency course; or

(iii)

Special education or training which is necessary to enable the veteran or servicemember to pursue an approved program of education.

(3)

VA may withhold a payment until it receives verification or certification of the veteran's or servicemember's continued enrollment and adjusts accordingly the veteran's or servicemember's account.

(c)

Payment for taking a licensing or certification test. VA will pay educational assistance allowance to an eligible veteran or servicemember who takes an approved licensing or certification test and applies, in accordance with the provisions of § 21.1030(b), for that assistance. VA will not pay educational assistance for a licensing or certification test that neither a State approving agency nor VA has approved.

Notes, amendments, and revision history

Amendments

[72 FR 16978, Apr. 5, 2007]

Authority

Authority: 38 U.S.C. 501(a), chs. 32, 36, and as noted in specific sections.

Source

Source: 45 FR 31, Jan. 2, 1980, unless otherwise noted.

Amendments

[72 FR 16978, Apr. 5, 2007]

§21.5132. Criteria used in determining benefit payments.

38 C.F.R. § 21.5132

(a)

Training time. The amount of benefit payment to an individual in all types of training except cooperative training, correspondence training and apprenticeship and other on-job training depends on whether VA determines that the individual is a full-time student, three-quarter-time student, half-time student or one-quarter-time student.

(b)

Contributions. The amount of benefit payment to an individual also depends on:

(1)

The amount the individual has contributed to the fund.

(2)

The amount the Secretary of Defense has contributed to the fund for the individual.

Notes, amendments, and revision history

Amendments

[45 FR 31, Jan. 2, 1980, as amended at 47 FR 51746, Nov. 17, 1982; 48 FR 3369, Jan. 25, 1983; 52 FR 3429, Feb. 4, 1987; 53 FR 34498, Sept. 7, 1988; 55 FR 31582, Aug. 3, 1990; 61 FR 29030, June 7, 1996]

Authority

Authority: 38 U.S.C. 501(a), chs. 32, 36, and as noted in specific sections.

Source

Source: 45 FR 31, Jan. 2, 1980, unless otherwise noted.

Amendments

[45 FR 31, Jan. 2, 1980, as amended at 47 FR 51746, Nov. 17, 1982; 48 FR 3369, Jan. 25, 1983; 52 FR 3429, Feb. 4, 1987; 53 FR 34498, Sept. 7, 1988; 55 FR 31582, Aug. 3, 1990; 61 FR 29030, June 7, 1996]

§21.5133. Certifications and release of payments.

38 C.F.R. § 21.5133

A veteran or servicemember must be pursuing a program of education in order to receive payment of educational assistance allowance under 38 U.S.C. chapter 32. To ensure that this is the case, the provisions of this section must be met when a veteran or servicemember is seeking such payment.

(a)

General. VA will pay educational assistance to a veteran or servicemember (other than one pursuing a program of apprenticeship, other on-job training, or a correspondence course; one seeking reimbursement for taking an approved licensing or certification test; or one who qualifies for an advance payment) only after:

(1)

The educational institution has certified his or her enrollment as provided in § 21.5200(d) of this part; and

(2)

VA has received from the individual a verification of the enrollment. Generally, this verification will be required monthly, resulting in monthly payments.

(b)

Apprenticeship and other on-job training. VA will pay educational assistance to a veteran pursuing a program of apprenticeship or other on-job training only after—

(1)

The training establishment has certified his or her enrollment in the training program as provided in § 21.5200(d); and

(2)

VA has received from the training establishment a certification of hours worked. Generally, this certification will be required monthly, resulting in monthly payments.

(c)

Correspondence training. VA will pay educational assistance to a veteran or servicemember who is pursuing a correspondence course or the correspondence portion of a combined correspondence-residence course only after—

(1)

The educational institution has certified his or her enrollment;

(2)

VA has received from the veteran or servicemember a certification as to the number of lessons completed and serviced by the educational institution; and

(3)

VA has received from the educational institution a certification or an endorsement on the veteran's or servicemember's certificate, as to the number of lessons completed by the veteran or servicemember and serviced by the educational institution. Generally, this certification will be required quarterly, resulting in quarterly payments.

Notes, amendments, and revision history

Amendments

[57 FR 38612, Aug. 26, 1992, as amended at 72 FR 16978, Apr. 5, 2007; 85 FR 59191, Sept. 21, 2020]

Authority

Authority: 38 U.S.C. 501(a), chs. 32, 36, and as noted in specific sections.

Source

Source: 45 FR 31, Jan. 2, 1980, unless otherwise noted.

Amendments

[57 FR 38612, Aug. 26, 1992, as amended at 72 FR 16978, Apr. 5, 2007; 85 FR 59191, Sept. 21, 2020]

§21.5134. Restrictions on paying benefits to servicepersons.

38 C.F.R. § 21.5134

The Department of Veterans Affairs may not pay benefits to a serviceperson (other than one enrolled in a course, courses or a program of education leading to a secondary school diploma or an equivalency certificate) unless he or she:

(a)

Has completed 3 months of contributions to the fund or has made a lump-sum payment which is the equivalent of at least 3 months of contributions to the fund;

(b)

Has agreed either to have a monthly deduction from his or her military pay, or has made a lump-sum contribution to the fund, or both, so that the 12 months participation requirement of § 21.5052(a) of this part will be met; and

(c)

Is serving on active duty in an enlistment period subsequent to the initial period of active duty defined in § 21.5040(b)(3) of this part.

Notes, amendments, and revision history

Amendments

[45 FR 31, Jan. 2, 1980, as amended at 47 FR 51746, Nov. 17, 1982; 54 FR 49977, Dec. 4, 1989]

Authority

Authority: 38 U.S.C. 501(a), chs. 32, 36, and as noted in specific sections.

Source

Source: 45 FR 31, Jan. 2, 1980, unless otherwise noted.

Amendments

[45 FR 31, Jan. 2, 1980, as amended at 47 FR 51746, Nov. 17, 1982; 54 FR 49977, Dec. 4, 1989]

§21.5135. Advance payments.

38 C.F.R. § 21.5135

VA will apply the provisions of § 21.4138(a) in making advance payments to veterans and servicemembers.

Notes, amendments, and revision history

Amendments

[64 FR 52652, Sept. 30, 1999]

Authority

Authority: 38 U.S.C. 501(a), chs. 32, 36, and as noted in specific sections.

Source

Source: 45 FR 31, Jan. 2, 1980, unless otherwise noted.

Amendments

[64 FR 52652, Sept. 30, 1999]

§21.5136. Benefit payments—secondary school program.

38 C.F.R. § 21.5136

(a)

Restrictions on payments.

(1)

The Department of Veterans Affairs may authorize benefits to qualified enlisted servicepersons for a course, courses or program of education leading to a secondary school diploma or an equivalency certificate without charge to entitlement. Payments may be made only if:

(i)

The individual has contributed to the fund for at least 1 month, and

(ii)

The training is received while the individual is serving—

(A)

The last 6 months of his or her first enlistment after December 31, 1976; or

(B)

At any time after completing his or her first enlistment.

(2)

An individual who is not on active duty must have been an enlisted serviceperson while he or she was on active duty in order to receive benefits while enrolled in a course, courses or program of education leading to a secondary school diploma or an equivalency certificate.

(b)

Monthly rate. An individual pursuing a course, courses or a program of education leading to a secondary school diploma or an equivalency certificate will receive one of two monthly rates.

(1)

Unless the individual notifies the Department of Veterans Affairs to the contrary, the monthly rate of his or her educational assistance allowance will be based upon his or her tuition and fees. The Department of Veterans Affairs will make no charge against the entitlement of the individual who is receiving benefits at this monthly rate. The monthly rate will be the rate of tuition and fees being charged to the individual for the course, not to exceed:

(i)

$376 for full-time training.

(ii)

$283 for three-quarter time training.

(iii)

$188 for half-time training.

(iv)

$94 for quarter-time training.

(2)

The individual may elect to receive educational assistance allowance at the monthly rate provided in § 21.5138. The Department of Veterans Affairs will make an appropriate charge against the individual's entitlement if such an election is made.

(c)

Method of payment.

(1)

If the individual's educational assistance allowance is based upon the rate as determined in paragraph (b)(1) of this section, payment shall be made in a lump sum for the term, quarter or semester at the beginning of the month in which training begins.

(2)

If the individual elects to have his or her educational assistance allowance computed as provided in § 21.5138, payment will be made in the same manner as for any other residence training.

Notes, amendments, and revision history

Amendments

[47 FR 51746, Nov. 17, 1982, as amended at 50 FR 19933, May 13, 1985]

Authority

Authority: 38 U.S.C. 501(a), chs. 32, 36, and as noted in specific sections.

Source

Source: 45 FR 31, Jan. 2, 1980, unless otherwise noted.

Amendments

[47 FR 51746, Nov. 17, 1982, as amended at 50 FR 19933, May 13, 1985]

§21.5137. Benefit payments and charges against entitlement for taking an approved licensing or certification test.

38 C.F.R. § 21.5137

(a)

Benefit payments. The amount of educational assistance allowance VA will pay to a veteran or servicemember for taking an approved licensing or certification test, if the veteran or servicemember is entitled to receive such benefit payments, will be the lowest of the following:

(1)

The fee the organization or entity offering the test charges for taking the test;

(2)

$2,000; or

(3)

The total remaining amount of the veteran's or servicemember's contributions to the fund and the contributions the Secretary of Defense has made to the fund on behalf of the veteran or servicemember.

(b)

Charge against entitlement. For educational assistance allowance paid for taking an approved licensing or certification test, VA will make a charge against the veteran's or servicemember's entitlement by dividing the amount paid under paragraph (a) of this section by the monthly amount as calculated under § 21.5138(c). The calculation will assume that the veteran or servicemember is a full-time student.

Notes, amendments, and revision history

Amendments

[72 FR 16978, Apr. 5, 2007]

Authority

Authority: 38 U.S.C. 501(a), chs. 32, 36, and as noted in specific sections.

Source

Source: 45 FR 31, Jan. 2, 1980, unless otherwise noted.

Amendments

[72 FR 16978, Apr. 5, 2007]

§21.5138. Computation of benefit payments and monthly rates.

38 C.F.R. § 21.5138

Except as provided in §§ 21.5136(b)(1) and 21.5137(a), for purposes of this subpart VA will compute benefit payments and monthly rates as provided in this section.

(a)

Computation of entitlement factor.

(1)

For residence training, VA will compute an entitlement factor as follows:

(2)

For correspondence training, VA will compute an entitlement factor as follows:

(3)

For apprenticeship and other on-job training, VA will compute an entitlement factor as follows:

(4)

For cooperative training, VA will compute an entitlement factor as follows:

(5)

For flight training, VA will compute an entitlement factor as follows:

(b)

Computation of benefit payment. Under this section, VA will compute benefit payments as follows:

(c)

Monthly rates. Under this section, VA will compute the monthly rates of payment for individuals in residence training by repeating the calculations in paragraphs (b)(1) through (11) of this section except that instead of entering the entitlement factor on line f, paragraph (b)(1), VA will enter 1 for a full-time student, .75 for a three-quarter time student, .5 for a half-time student, or .25 for a one-quarter time student.

Notes, amendments, and revision history

Amendments

[45 FR 31, Jan. 2, 1980, as amended at 46 FR 32024, June 19, 1981; 47 FR 51747, Nov. 17, 1982; 48 FR 3369, Jan. 25, 1983; 48 FR 50530, Nov. 2, 1983; 52 FR 3429, Feb. 4, 1987; 53 FR 34498, Sept. 7, 1988; 55 FR 31582, Aug. 3, 1990; 57 FR 38615, Aug. 26, 1992; 58 FR 31911, June 7, 1993; 72 FR 16978, Apr. 5, 2007]

Authority

Authority: 38 U.S.C. 501(a), chs. 32, 36, and as noted in specific sections.

Source

Source: 45 FR 31, Jan. 2, 1980, unless otherwise noted.

Amendments

[45 FR 31, Jan. 2, 1980, as amended at 46 FR 32024, June 19, 1981; 47 FR 51747, Nov. 17, 1982; 48 FR 3369, Jan. 25, 1983; 48 FR 50530, Nov. 2, 1983; 52 FR 3429, Feb. 4, 1987; 53 FR 34498, Sept. 7, 1988; 55 FR 31582, Aug. 3, 1990; 57 FR 38615, Aug. 26, 1992; 58 FR 31911, June 7, 1993; 72 FR 16978, Apr. 5, 2007]

§21.5139. Computation of benefit payments for incarcerated individuals.

38 C.F.R. § 21.5139

Notwithstanding the provisions of § 21.5138, some incarcerated individuals may have their educational assistance allowance terminated or reduced. The provisions of this section shall not apply in the case of any individual who is pursuing a program of education while residing in a halfway house or participating in a work-release program in connection with that individual's conviction of a felony.

(a)

No educational assistance allowance payable to some incarcerated individuals. VA will pay no educational assistance allowance to an individual who—

(1)

Is incarcerated in a Federal, State or local penal institution for conviction of a felony, and

(2)

Is enrolled in a course where his or her tuition and fees are being paid by a Federal program (other than one administered by VA) or by a State or local program, and

(3)

Has incurred no expenses for supplies, books or equipment.

(b)

Reduced educational assistance allowance for some incarcerated individuals.

(1)

VA will pay a reduced educational assistance allowance to a veteran who—

(i)

Is incarcerated in a Federal, State or local penal institution of conviction of a felony, and

(ii)

Is enrolled in a course—

(A)

For which the individual pays some (but not all) of the charges for tuition and fees, or

(B)

For which a Federal program (other than one administered by VA) or a State or local program pays all the charges for tuition and fees, but which requires the individual to pay for books, supplies and equipment.

(2)

The monthly rate of educational assistance allowance payable to such an individual shall be the lesser of the following:

(i)

The monthly rate determined by adding the tuition and fees that the veteran must pay and the charge to the veteran for the cost of necessary supplies, books and equipment and prorating the total on a monthly basis, or

(ii)

The monthly rate for the individual as determined by § 21.5138(c) of this part.

Notes, amendments, and revision history

Amendments

[55 FR 31583, Aug. 3, 1990]

Authority

Authority: 38 U.S.C. 501(a), chs. 32, 36, and as noted in specific sections.

Source

Source: 45 FR 31, Jan. 2, 1980, unless otherwise noted.

Amendments

[55 FR 31583, Aug. 3, 1990]

§21.5141. Tutorial assistance.

38 C.F.R. § 21.5141

An individual who is otherwise eligible to receive benefits under the Post-Vietnam Era Veterans' Educational Assistance Program may receive supplemental monetary assistance to provide tutorial services. In determining whether VA will pay the individual this assistance, VA will apply the provisions of § 21.4236.

Notes, amendments, and revision history

Amendments

[61 FR 29030, June 7, 1996]

Authority

Authority: 38 U.S.C. 501(a), chs. 32, 36, and as noted in specific sections.

Source

Source: 45 FR 31, Jan. 2, 1980, unless otherwise noted.

Amendments

[61 FR 29030, June 7, 1996]

§21.5150. State approving agencies.

38 C.F.R. § 21.5150

In administering chapter 32, title 38, United States Code, VA will apply the provisions of the following sections:

(a)

Section 21.4150 (except par. (e))—Designation;

(b)

Section 21.4151—Cooperation;

(c)

Section 21.4152—Control by agencies of the United States;

(d)

Section 21.4153—Reimbursement of expenses;

(e)

Section 21.4154—Report of activities;

(f)

Section 21.4155—Evaluations of State approving agency performance.

Notes, amendments, and revision history

Amendments

[55 FR 12483, Apr. 4, 1990, as amended at 61 FR 1526, Jan. 22, 1996]

Authority

Authority: 38 U.S.C. 501(a), chs. 32, 36, and as noted in specific sections.

Source

Source: 45 FR 31, Jan. 2, 1980, unless otherwise noted.

Amendments

[55 FR 12483, Apr. 4, 1990, as amended at 61 FR 1526, Jan. 22, 1996]

§21.5200. Schools.

38 C.F.R. § 21.5200

In the administration of benefits payable under the provisions of chapter 32, title 38, U.S.C., the Department of Veterans Affairs will apply the following sections:

(a)

Section 21.4200—Definitions (with the exception of paragraph (a)).

(b)

Section 21.4201—Restrictions on enrollment; percentage of students receiving financial support.

(c)

Section 21.4202—Overcharges; restrictions on enrollments.

(d)

Section 21.4203—Reports—Requirements.

(e)

Section 21.4204 (except paragraphs (a) and (e))-Periodic certifications.

(f)

[Reserved]

(g)

Section 21.4206—Reporting fee.

(h)

Section 21.4209—Examination of records.

(i)

Section 21.4210—Suspension and discontinuance of educational assistance payments and of enrollments or reenrollments for pursuit of approved courses.

(j)

Section 21.4211—Composition, jurisdiction, and duties of Committee on Educational Allowances.

(k)

Section 21.4212—Referral to Committee on Educational Allowances.

(l)

Section 21.4213—Notice of hearing by Committee on Educational Allowances.

(m)

Section 21.4214—Hearing rules and procedures for Committee on Educational Allowances.

(n)

Section 21.4215—Decision of Director of VA facility of jurisdiction.

(o)

Section 21.4216—Review of decision of Director of VA facility of jurisdiction.

Notes, amendments, and revision history

Amendments

[45 FR 31, Jan. 2, 1980, as amended at 53 FR 34499, Sept. 7, 1988; 57 FR 38613, Aug. 26, 1992; 61 FR 1526, Jan. 22, 1996; 61 FR 29030, June 7, 1996; 63 FR 35836, July 1, 1998; 72 FR 16978, Apr. 5, 2007]

Authority

Authority: 38 U.S.C. 501(a), chs. 32, 36, and as noted in specific sections.

Source

Source: 45 FR 31, Jan. 2, 1980, unless otherwise noted.

Amendments

[45 FR 31, Jan. 2, 1980, as amended at 53 FR 34499, Sept. 7, 1988; 57 FR 38613, Aug. 26, 1992; 61 FR 1526, Jan. 22, 1996; 61 FR 29030, June 7, 1996; 63 FR 35836, July 1, 1998; 72 FR 16978, Apr. 5, 2007]

§21.5230. Programs of education.

38 C.F.R. § 21.5230

(a)

Approving the selected program of education. Except as provided in paragraphs (b) and (c) of this section, VA will approve a program of education for a veteran or servicemember under 38 U.S.C. chapter 32, only if—

(1)

The program meets the definition of a program of education stated in § 21.5021(q);

(2)

Except for a program consisting of a licensing or certification test, the program has an objective as described in § 21.5021(r) or (s);

(3)

Any courses, subjects, or licensing or certification tests in the program are approved for VA training; and

(4)

Except for a program consisting of a licensing or certification test designed to help the veteran or servicemember maintain employment in a vocation or profession, the veteran or servicemember is not already qualified for the objective of the program.

(b)

Programs which include secondary school training. VA may approve the enrollment of a veteran or servicemember in a refresher, remedial, deficiency or other preparatory or special educational assistance course when the veteran or eligible servicemember needs the course in order to pursue an approved program of education.

(c)

Refresher training for those already qualified. The refresher training referred to in paragraph (b) of this section includes training in a course or courses for which the veteran is already qualified provided the course or courses permit the veteran to update knowledge and skills or to be instructed in the technological advances which have occurred in the veteran's field of employment. The relevant field of employment may have been pursued either before, during or after the veteran's active duty.

Notes, amendments, and revision history

Amendments

[55 FR 31583, Aug. 3, 1990, as amended at 72 FR 16978, Apr. 5, 2007]

Authority

Authority: 38 U.S.C. 501(a), chs. 32, 36, and as noted in specific sections.

Source

Source: 45 FR 31, Jan. 2, 1980, unless otherwise noted.

Amendments

[55 FR 31583, Aug. 3, 1990, as amended at 72 FR 16978, Apr. 5, 2007]

§21.5231. Combination.

38 C.F.R. § 21.5231

In the administration of benefits payable under chapter 32, title 38, U.S.C., the Department of Veterans Affairs will apply § 21.4233(b), (c), and (e).

Notes, amendments, and revision history

Amendments

[45 FR 31, Jan. 2, 1980, as amended at 61 FR 7218, Feb. 27, 1996]

Authority

Authority: 38 U.S.C. 501(a), chs. 32, 36, and as noted in specific sections.

Source

Source: 45 FR 31, Jan. 2, 1980, unless otherwise noted.

Amendments

[45 FR 31, Jan. 2, 1980, as amended at 61 FR 7218, Feb. 27, 1996]

§21.5232. Change of program.

38 C.F.R. § 21.5232

In determining whether a change of program of education may be approved for the payments of educational assistance, VA will apply § 21.4234 of this part.

Notes, amendments, and revision history

Amendments

[58 FR 46866, Sept. 3, 1993]

Authority

Authority: 38 U.S.C. 501(a), chs. 32, 36, and as noted in specific sections.

Source

Source: 45 FR 31, Jan. 2, 1980, unless otherwise noted.

Amendments

[58 FR 46866, Sept. 3, 1993]

§21.5250. Courses.

38 C.F.R. § 21.5250

(a)

In administering benefits payable under 38 U.S.C. chapter 32, VA and, where appropriate, the State approving agencies shall apply the following sections.

(1)

Section 21.4250 (except paragraph (c)(1))—Course and licensing and certification test approval; jurisdiction and notices.

(2)

Section 21.4251—Minimum period of operation requirement for educational institutions.

(3)

Section 21.4252—Courses precluded; erroneous, deceptive, or misleading practices.

(4)

Section 21.4253—Accredited courses.

(5)

Section 21.4254—Nonaccredited courses.

(6)

Section 21.4255—Refund policy; nonaccredited courses.

(7)

Section 21.4256—Correspondence programs and courses.

(8)

Section 21.4257—Cooperative courses.

(9)

Section 21.4258—Notice of approval.

(10)

Section 21.4259—Suspension or disapproval.

(11)

Section 21.4260—Courses in foreign countries.

(12)

Section 21.4261—Apprentice courses.

(13)

Section 21.4262—Other training on-the-job courses.

(14)

Section 21.4265—Practical training approved as institutional training or on-job training.

(15)

Section 21.4266—Courses offered at subsidiary branches or extensions.

(16)

Section 21.4267—Approval of independent study.

(17)

Section 21.4268—Approval of licensing and certification tests.

(b)

Flight courses. In administering benefits payable for flight training under chapter 32, title 38, U.S.C., VA and the State approving agencies will apply the provisions of § 21.4263 of this part. Educational assistance allowance is payable only for flight training undertaken by a veteran or serviceperson after March 31, 1991.

Notes, amendments, and revision history

Amendments

[58 FR 31911, June 7, 1993, as amended at 61 FR 1526, Jan. 22, 1996; 61 FR 7218, Feb. 27, 1996; 72 FR 16979, Apr. 5, 2007]

Authority

Authority: 38 U.S.C. 501(a), chs. 32, 36, and as noted in specific sections.

Source

Source: 45 FR 31, Jan. 2, 1980, unless otherwise noted.

Amendments

[58 FR 31911, June 7, 1993, as amended at 61 FR 1526, Jan. 22, 1996; 61 FR 7218, Feb. 27, 1996; 72 FR 16979, Apr. 5, 2007]

§21.5270. Assessment and pursuit of course.

38 C.F.R. § 21.5270

In the administration of benefits payable under 38 U.S.C. chapter 32, VA shall apply the following sections.

(a)

Section 21.4270 (except those portions of the paragraph and footnotes dealing with farm cooperative training)—Measurement of courses. For the purpose of benefits payable under 38 U.S.C. chapter 32 that training identified in § 21.4270 as less than one-half and more than one-quarter time will be treated as one-quarter-time training.

(b)

[Reserved]

(c)

Section 21.4272—Collegiate course measurement.

(d)

Section 21.4273—Collegiate graduate.

(e)

Section 21.4274—Law courses.

(f)

Section 21.4275—Practical training courses; measurement.

(g)

Section 21.4277—Discontinuance; unsatisfactory progress, conduct, and attendance.

(h)

Section 21.4278—Reentrance after discontinuance.

(i)

Section 21.4279—Combination correspondence-residence program.

(j)

[Reserved]

Notes, amendments, and revision history

Amendments

[45 FR 31, Jan. 2, 1980, as amended at 53 FR 34499, Sept. 7, 1988; 55 FR 31584, Aug. 3, 1990; 61 FR 7218, Feb. 27, 1996; 62 FR 55760, Oct. 28, 1997]

Authority

Authority: 38 U.S.C. 501(a), chs. 32, 36, and as noted in specific sections.

Source

Source: 45 FR 31, Jan. 2, 1980, unless otherwise noted.

Amendments

[45 FR 31, Jan. 2, 1980, as amended at 53 FR 34499, Sept. 7, 1988; 55 FR 31584, Aug. 3, 1990; 61 FR 7218, Feb. 27, 1996; 62 FR 55760, Oct. 28, 1997]