---
kind: "section"
citation: "38 C.F.R. § 21.7137"
title: "38"
number: "21.7137"
heading: "Rates of payment of basic educational assistance for individuals with remaining entitlement under 38 U.S.C. chapter 34."
url: "https://uscodex.org/cfr/38/21.7137"
---

# §21.7137. Rates of payment of basic educational assistance for individuals with remaining entitlement under 38 U.S.C. chapter 34.

- (a) **Minimum rates.**
  - (1) Except as elsewhere provided in this section, basic educational assistance is payable to individuals with remaining entitlement under 38 U.S.C. chapter 34 at the following monthly rates:
    - (i) **For training that occurs after September 30, 2005, and before October 1, 2006—**
    - (ii) **For training that occurs after September 30, 2006, and before October 1, 2007—**
    - (iii) **For training that occurs after September 30, 2007, and before August 1, 2008—**
  - (2) For veterans pursuing apprenticeship or other on-job training, basic educational assistance is payable for training at the following monthly rates:
    - (i) **For training that occurs after September 30, 2005, and before October 1, 2006—**
    - (ii) **For training that occurs after September 30, 2006, and before October 1, 2007—**
    - (iii) **For training that occurs after September 30, 2007 and before January 1, 2008—**
    - (iv) **For training that occurs after December 31, 2007, and before August 1, 2008—**
  - (3) The monthly rate of basic educational assistance payable to a veteran who is pursuing a cooperative course is the rate stated in the following tables:
    - (i) **For training that occurs after September 30, 2005, and before October 1, 2006—**
    - (ii) **For training that occurs after September 30, 2006, and before October 1, 2007—**
    - (iii) **For training that occurs after September 30, 2007, and before August 1, 2008—**
- (b) **Less than one-half-time training.** Except as provided in [paragraph (d)](#d) of this section, the monthly rate of basic educational assistance for a veteran who is pursuing a course on a less than one-half-time basis is the lesser of:
  - (1) The monthly rate in [paragraph (a)(1)](#a-1) of this section, or
  - (2) **The monthly rate of the cost of the course.** If there is no cost for the course, educational assistance is not payable.
- (c) **Rates for servicemembers.** Except as provided in [paragraph (d)](#d) of this section, the monthly rate of basic educational assistance for a servicemember may not exceed the lesser of:
  - (1) The monthly rate stated in [paragraph (a)](#a) of this section; or
  - (2) **The monthly rate of the cost of the course.** If there is no cost for the course, educational assistance is not payable.
- (d) **Increase (“kicker”) in basic educational assistance rates for service in the Selected Reserve.**
  - (1) The Secretary of the service department concerned may increase the amount of basic educational assistance payable under paragraphs [(a)](#a), [(b)](#b), or [(c)](#c) of this section, as appropriate. The increase (“kicker”) is payable to an individual who has a skill or specialty in which there is a critical shortage of personnel or for which it is difficult to recruit, or, in the case of critical units, retain personnel, if the individual:
    - (i) Establishes eligibility for educational assistance under [§ 21.7044(a)](/cfr/38/21.7044.md?p=a) or [§ 21.7080](/cfr/38/21.7080.md);
    - (ii) Meets the criteria of [§ 21.7540(a)(1)](/cfr/38/21.7540.md?p=a-1) with respect to service in the Selected Reserve.
  - (2) **The Secretary of the military department concerned—**
    - (i) Will, for such an increase, set the amount of the increase (“kicker”) payable for full-time training, but the increase (“kicker”) may not exceed $350 per month;
    - (ii) May set the amount of the “kicker” payable, for a veteran pursuing a program of education less than full time or pursuing an apprenticeship or other on-job training, at an amount less than the amount described in paragraph (e)(2)(i) of this section.
- (e) **Concurrent benefits.** VA may pay additional educational assistance to a veteran for a dependent concurrently with additional pension or compensation for the same dependent.
- (f) **Two veteran cases.** VA may pay additional educational assistance to a veteran for a spouse who is also a veteran. This will not bar the payment of additional educational assistance or subsistence allowance under [§ 21.260](/cfr/38/21.260.md) of this part to the spouse for the veteran. If the veteran is paid additional educational assistance for a child, that will not bar payment of additional educational assistance or subsistence allowance under [§ 21.260](/cfr/38/21.260.md) of this part to the spouse for the same child.

## Notes

### Amendments

[53 FR 1757, Jan. 22, 1988]

### Authority

Authority: 38 U.S.C. 501(a), chs. 30, 36, and as noted in specific sections.

### Source

Source: 53 FR 1757, Jan. 22, 1988, unless otherwise noted.

### Amendments

[53 FR 1757, Jan. 22, 1988]