---
kind: "section"
citation: "38 C.F.R. § 21.7144"
title: "38"
number: "21.7144"
heading: "Overpayments."
url: "https://uscodex.org/cfr/38/21.7144"
---

# §21.7144. Overpayments.

- (a) **Prevention of overpayments.** In administering benefits payable under 38 U.S.C. chapter 30, VA will apply the provisions of [§ 21.4008](/cfr/38/21.4008.md). See [§ 21.7133](/cfr/38/21.7133.md).
- (b) **Liability for overpayments.**
  - (1) The amount of the overpayment of educational assistance paid to a veteran or servicemember constitutes a liability of that veteran or servicemember.
  - (2) The amount of the overpayment of educational assistance paid to a veteran or servicemember constitutes a liability of the educational institution if VA determines that the overpayment was made as the result of willful or negligent:
    - (i) False certification by the educational institution; or
    - (ii) **Endorsement of a veteran's or servicemember's false certification of his or her actual attendance.**
- (c) **Recovery of overpayments.** In determining whether an overpayment should be recovered from an educational institution, VA will apply the provisions of [§ 21.4009](/cfr/38/21.4009.md) (except paragraph (a)(1)) to overpayments of educational assistance under 38 U.S.C. chapter 30.

## Notes

### Amendments

[62 FR 55761, Oct. 28, 1997. Redesignated at 68 FR 35180, June 12, 2003.]

### 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

[62 FR 55761, Oct. 28, 1997. Redesignated at 68 FR 35180, June 12, 2003.]