38 CFR 21.4131 - Commencing dates.

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§ 21.4131 Commencing dates.
VA will determine under this section the commencing date of an award or increased award of educational assistance provided pursuant to subpart C or G. When more than one paragraph in this section applies, VA will award educational assistance using the latest of the applicable commencing dates.
(a) Entrance or reentrance including change of program or educational institution: individual eligible under 38 U.S.C. chapter 32. When an eligible veteran or servicemember enters or reenters into training (including a reentrance following a change of program or educational institution), the commencing date of his or her award of educational assistance will be determined as follows:
(1) For other than licensing or certification tests.
(i) If the award is the first award of educational assistance for the program of education the veteran or servicemember is pursuing, the commencing date of the award of educational assistance is 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 course, or one year before the date VA receives the approval notice, whichever is later; or
(ii) If the award is the second or subsequent award of educational assistance for the program of education the veteran or servicemember is pursuing, the effective date of the award of educational assistance is the later of—
(A) The date the educational institution certifies under paragraph (b) or (c) of this section; or
(B) The effective date of the approval of the course, or one year before the date VA receives the approval notice, whichever is later.
(2) For licensing or certification tests. VA will award educational assistance for the cost of a licensing or certification test only when the veteran or servicemember takes such test—
(i) While the test is approved under 38 U.S.C. chapter 36;
(ii) While the veteran or servicemember is eligible for educational assistance under subpart G; and
(iii) No more than one year before the date VA receives a claim for reimbursement of the cost of the test.
(Authority: 38 U.S.C. 3672, 3689, 5110, 5113)
(b) Certification by school—the course or subject leads to a standard college degree.
(1) When the student enrolls in a course offered by independent study, the commencing date of the award or increased award of educational assistance will be the date the student began pursuit of the course according to the regularly established practices of the educational institution.
(2) Except as provided in paragraphs (b)(3), (b)(4) and (b)(5) of this section when a student enrolls in a resident course or subject, the commencing 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 student is enrolled.
(3) When the student enrolls in a resident course or subject whose first scheduled class begins after the calendar week when, according to the school's academic calendar, classes are scheduled to commence for the term, quarter, or semester, the commencing 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 or subject.
(4) When a student enrolls in a resident course or subject, the commencing date of the award will be the date the student reports to the school provided that—
(i) The published standards of the school require the student to register before reporting, and
(ii) The published standards of the school require the student to report no more than 14 days before the first scheduled date of classes for the term, quarter or semester for which the student has registered, and no later than the first scheduled date of classes for the term, quarter or semester for which the student has registered.
(5) When the student enrolls in a resident course or subject and the first day of classes is more than 14 days after the date of registration, the commencing date of the award or the increased award of educational assistance will be the first day of classes.
(Authority: 38 U.S.C. 3481(a), 3680(a); Pub. L. 98-525)
(c) Certification by school or establishment—course does not lead to a standard college degree.
(1) Residence school: See paragraph (b) of this section.
(2) Correspondence school: Date first lesson sent or date of affirmance whichever is later.
(3) Job training: First date of employment in training position.
(Authority: 38 U.S.C. 3481, 3687)
(d) Entrance or reentrance including change of program or educational institution: individual eligible under 38 U.S.C. chapter 35. When a person eligible to receive educational assistance under 38 U.S.C. chapter 35 enters or reenters into training (including a reentrance following a change of program or educational institution), the commencing date of his or her award of educational assistance will be determined as follows:
(1) For other than licensing or certification tests.
(i) If the award is the first award of educational assistance for the program of education the eligible person is pursuing, the commencing date of the award of educational assistance is the latest of:
(A) The beginning date of eligibility as determined under § 21.3041 or under § 21.3046(a) or (b), whichever is applicable;
(B) One year before the date of claim as determined by § 21.1029(b);
(C) The date the educational institution certifies under paragraph (b) or (c) of this section;
(D) The effective date of the approval of the course, or one year before the date VA receives the approval notice, whichever is later; or
(ii) If the award is the second or subsequent award of educational assistance for that program, the effective date of the award of educational assistance is the later of—
(A) The date the educational institution certifies under paragraph (b) or (c) of this section; or
(B) The effective date of the approval of the course, or one year before the date VA receives the approval notice, whichever is later.
(2) For licensing or certification tests. VA will award educational assistance for the cost of a licensing or certification test only when the eligible person takes such test—
(i) While the test is approved under 38 U.S.C. chapter 36;
(ii) While he or she is eligible for educational assistance under subpart C; and
(iii) No more than one year before the date VA receives a claim for reimbursement of the cost of the test.
(Authority: 38 U.S.C. 3512, 3672, 3689, 5110, 5113)
(e) Adjusted effective date for award of educational assistance under 38 U.S.C. chapter 35 based on an original claim. When determining the commencing date under § 21.4131(d)(1), the Secretary will consider an eligible person's application for Survivors' and Dependents' Educational Assistance under 38 U.S.C. chapter 35 as having been filed on his or her eligibility date if—
(1) The eligibility date is more than 1 year before the date of the initial rating decision that establishes either:
(i) The veteran's death is service-connected, or
(ii) The veteran has a P&T disability;
(2) The eligible person files his or her original application for benefits under 38 U.S.C. chapter 35 with VA within 1 year of the initial rating decision;
(3) The eligible person claims educational assistance for pursuit of an approved program of education for a period that is more than 1 year before the date VA receives his or her original claim;
(4) VA either:
(i) Received the original application on or after November 1, 2000; or
(ii) Received the original application and, as of November 1, 2000, either—
(A) Had not acted on it; or
(B) Had denied it in whole or in part, but the claimant remained entitled to pursue available administrative and judicial remedies as to the denial; and
(5) The eligible person would have been eligible to educational assistance under 38 U.S.C. chapter 35 if he or she had filed a claim on his or her eligibility date.
(Authority: 38 U.S.C. 5113; Pub. L. 106-419, 114 Stat. 1832)
(f) Liberalizing laws and Department of Veterans Affairs issues. In accordance with facts found, but not earlier than the effective date of the act or administrative issue.
(g) Correction of military records. Eligibility of a veteran or eligible person may arise as the result of correction or modification of military records under 10 U.S.C. 1552, or a change, correction or modification of a discharge or dismissal under 10 U.S.C. 1553, or other competent military authority. In these cases the commencing date of educational assistance allowance will be in accordance with the facts found, but not earlier than the date the change, correction or modification was made by the service department.
(h) Individuals in a penal institution. If a veteran or eligible person is paid a reduced rate of educational assistance or no educational assistance under § 21.3132 (a) or (b) or § 21.5139, the rate will be increased or benefits will commence effective the earlier of the following dates:
(1) The date the tuition and fees are no longer being paid under another Federal program, or a State or local program, or
(2) The date of the release from the prison or jail.
(i) Fugitive felons. An award of educational assistance allowance to an otherwise eligible veteran or person will begin effective the date the warrant for the arrest of the felon is cleared 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.
(Authority: 38 U.S.C. 5313B)
(j) [Reserved]
[31 FR 6774, May 6, 1966, as amended at 39 FR 43220, Dec. 11, 1974; 41 FR 47929, Nov. 1, 1976; 46 FR 62060, Dec. 22, 1981; 48 FR 37977 and 37978, Aug. 22, 1983; 49 FR 5113, Feb. 10, 1984; 50 FR 48581, Nov. 26, 1985; 51 FR 16318, May 2, 1986; 54 FR 28677, July 7, 1989; 57 FR 40614, Sept. 4, 1992; 61 FR 6782, Feb. 22, 1996; 61 FR 26113, May 24, 1996; 64 FR 23772, May 4, 1999; 66 FR 38938, July 26, 2001; 70 FR 25786, May 16, 2005; 72 FR 16968, Apr. 5, 2007; 72 FR 35661, June 29, 2007; 73 FR 30491, May 28, 2008]

Title 38 published on 2014-07-01

no entries appear in the Federal Register after this date.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
U.S. Code: Title 10 - ARMED FORCES
U.S. Code: Title 38 - VETERANS’ BENEFITS

§ 101 - Definitions

§ 501 - Rules and regulations

§ 512 - Delegation of authority; assignment of functions and duties

§ 1151 note - Benefits for persons disabled by treatment or vocational rehabilitation

§ 1163 - Trial work periods and vocational rehabilitation for certain veterans with total disability ratings

§ 1501 - Definitions

§ 1502 - Determinations with respect to disability

§ 1503 - Determinations with respect to annual income

§ 1504 - Persons heretofore having a pensionable status

§ 1505 - Payment of pension during confinement in penal institutions

§ 1506 - Resource reports and overpayment adjustments

§ 1507 - Disappearance

§ 1508 - Frequency of payment of pension benefits

§ 1802 - Spina bifida conditions covered

§ 1803 - Health care

§ 1804 - Vocational training and rehabilitation

§ 1805 - Monetary allowance

§ 1806 - Repealed.

§ 3001 - Purposes

§ 3002 - Definitions

§ 3011 - Basic educational assistance entitlement for service on active duty

§ 3012 - Basic educational assistance entitlement for service in the Selected Reserve

§ 3013 - Duration of basic educational assistance

§ 3014 - Payment of basic educational assistance

§ 3014A - Accelerated payment of basic educational assistance for education leading to employment in high technology occupation in high technology industry

§ 3015 - Amount of basic educational assistance

§ 3016 - Inservice enrollment in a program of education

§ 3017 - Death benefit

§ 3018 - Opportunity for certain active-duty personnel to withdraw election not to enroll

§ 3018A - Opportunity for certain active-duty personnel to enroll before being involuntarily separated from service

§ 3018B - Opportunity for certain persons to enroll

§ 3018C - Opportunity for certain VEAP participants to enroll

§ 3019 - Tutorial assistance

§ 3020 - Authority to transfer unused education benefits to family members for career service members

§ 3021 - Supplemental educational assistance for additional service

§ 3022 - Amount of supplemental educational assistance

§ 3023 - Payment of supplemental educational assistance under this subchapter

§ 3031 - Time limitation for use of eligibility and entitlement

§ 3032 - Limitations on educational assistance for certain individuals

§ 3033 - Bar to duplication of educational assistance benefits

§ 3034 - Program administration

§ 3035 - Allocation of administration and of program costs

§ 3036 - Repealed.

§ 3100 - Purposes

§ 3101 - Definitions

§ 3102 - Basic entitlement

§ 3103 - Periods of eligibility

§ 3104 - Scope of services and assistance

§ 3105 - Duration of rehabilitation programs

§ 3106 - Initial and extended evaluations; determinations regarding serious employment handicap

§ 3107 - Individualized vocational rehabilitation plan

§ 3108 - Allowances

§ 3109 - Entitlement to independent living services and assistance

§ 3110 - Leaves of absence

§ 3111 - Regulations to promote satisfactory conduct and cooperation

§ 3112 - Revolving fund loans

§ 3113 - Vocational rehabilitation for hospitalized members of the Armed Forces and veterans

§ 3114 - Vocational rehabilitation outside the United States

§ 3115 - Rehabilitation resources

§ 3116 - Promotion of employment and training opportunities

§ 3117 - Employment assistance

§ 3118 - Personnel training, development, and qualifications

§ 3119 - Rehabilitation research and special projects

§ 3120 - Program of independent living services and assistance

§ 3121 - Veterans’ Advisory Committee on Rehabilitation

§ 3122 - Longitudinal study of vocational rehabilitation programs

§ 3201 - Purpose

§ 3202 - Definitions

§ 3221 - Eligibility

§ 3222 - Contributions; matching fund

§ 3223 - Refunds of contributions upon disenrollment

§ 3224 - Death of participant

§ 3225 - Discharge or release under conditions which would bar the use of benefits

§ 3231 - Entitlement; loan eligibility

§ 3232 - Duration; limitations

§ 3233 - Apprenticeship or other on-job training

§ 3234 - Tutorial assistance

§ 3241 - Requirements

§ 3242 - Vacant]

§ 3243 - Deposits; reports

§ 3301 - Definitions

§ 3311 - Educational assistance for service in the Armed Forces commencing on or after September 11, 2001: entitlement

§ 3312 - Educational assistance: duration

§ 3313 - Educational assistance: amount; payment

§ 3314 - Tutorial assistance

§ 3315 - Licensure and certification tests

§ 3315A - National tests

§ 3316 - Supplemental educational assistance: members with critical skills or specialty; members serving additional service

§ 3317 - Public-private contributions for additional educational assistance

§ 3318 - Additional assistance: relocation or travel assistance for individual relocating or traveling significant distance for pursuit of a program of education

§ 3319 - Authority to transfer unused education benefits to family members

§ 3321 - Time limitation for use of and eligibility for entitlement

§ 3322 - Bar to duplication of educational assistance benefits

§ 3323 - Administration

§ 3324 - Allocation of administration and costs

§ 3451 - Purpose

§ 3452 - Definitions

§ 3461 - Eligibility; entitlement; duration

§ 3462 - Time limitations for completing a program of education

§ 3463 - Vacant]

§ 3470 - Selection of program

§ 3471 - Applications; approval

§ 3472 - Vacant]

§ 3473 - Repealed.

§ 3474 - Discontinuance for unsatisfactory conduct or progress

§ 3475 - Vacant]

§ 3476 - Education outside the United States

§ 3477, 3478 - Vacant]

§ 3481 - Educational assistance allowance

§ 3482 - Computation of educational assistance allowances

§ 3482A - Vacant]

§ 3483 - Approval of courses

§ 3484 - Apprenticeship or other on-job training; correspondence courses

§ 3485 - Work-study allowance

§ 3486, 3487 - Vacant]

§ 3490 - Purpose

§ 3491 - Elementary and secondary education and preparatory educational assistance

§ 3492 - Tutorial assistance

§ 3493 - Effect on educational entitlement

§ 3495 to 3498 - Vacant]

§ 3500 - Purpose

§ 3501 - Definitions

§ 3510 - Eligibility and entitlement generally

§ 3511 - Duration of educational assistance

§ 3512 - Periods of eligibility

§ 3513 - Application

§ 3514 - Processing of applications

§ 3520 - Educational and vocational counseling

§ 3521 - Approval of application

§ 3522 - Vacant]

§ 3523 - Disapproval of enrollment in certain courses

§ 3524 - Discontinuance for unsatisfactory progress

§ 3525, 3526 - Vacant]

§ 3531 - Educational assistance allowance

§ 3532 - Computation of educational assistance allowance

§ 3533 - Special assistance for the educationally disadvantaged

§ 3534 - Apprenticeship or other on-job training; correspondence courses

§ 3535 - Approval of courses

§ 3536 - Specialized vocational training courses

§ 3537 - Work-study allowance

§ 3538 - Vacant]

§ 3540 - Purpose

§ 3541 - Entitlement to special restorative training

§ 3542 - Special training allowance

§ 3543 - Special administrative provisions

§ 3561 - Authority and duties of Secretary

§ 3562 - Nonduplication of benefits

§ 3563 - Notification of eligibility

§ 3564 - Annual adjustment of amounts of educational assistance

§ 3565 - Children of certain Philippine veterans

§ 3566 - Definitions

§ 3670 - Scope of approval

§ 3671 - Designation

§ 3672 - Approval of courses

§ 3673 - Approval activities: cooperation and coordination of activities

§ 3674 - Reimbursement of expenses

§ 3674A - Evaluations of agency performance; qualifications and performance of agency personnel

§ 3675 - Approval of accredited courses

§ 3676 - Approval of nonaccredited courses

§ 3677 - Approval of training on the job

§ 3678 - Notice of approval of courses

§ 3679 - Disapproval of courses

§ 3680 - Payment of educational assistance or subsistence allowances

§ 3680A - Disapproval of enrollment in certain courses

§ 3681 - Limitations on educational assistance

§ 3682 - Control by agencies of the United States

§ 3683 - Conflicting interests

§ 3684 - Reports by veterans, eligible persons, and institutions; reporting fee

§ 3684A - Procedures relating to computer matching program

§ 3685 - Overpayments to eligible persons or veterans

§ 3686 - Correspondence courses

§ 3687 - Apprenticeship or other on-job training

§ 3688 - Measurement of courses

§ 3689 - Approval requirements for licensing and certification testing

§ 3690 - Overcharges by educational institutions; discontinuance of allowances; examination of records; false or misleading statements

§ 3691 - Change of program

§ 3692 - Advisory committee

§ 3693 - Compliance surveys

§ 3694 - Use of other Federal agencies

§ 3695 - Limitation on period of assistance under two or more programs

§ 3696 - Limitation on certain advertising, sales, and enrollment practices

§ 3697 - Funding of contract educational and vocational counseling

§ 3697A - Educational and vocational counseling

§ 3698 - Comprehensive policy on providing education information to veterans

38 U.S. Code § 3698 - Comprehensive policy on providing education information to veterans

§ 5100 - Definition of “claimant”

§ 5101 - Claims and forms

§ 5102 - Application forms furnished upon request; notice to claimants of incomplete applications

§ 5103 - Notice to claimants of required information and evidence

§ 5103A - Duty to assist claimants

§ 5104 - Decisions and notices of decisions

§ 5105 - Joint applications for social security and dependency and indemnity compensation

§ 5106 - Furnishing of information by other agencies

§ 5107 - Claimant responsibility; benefit of the doubt

§ 5108 - Reopening disallowed claims

§ 5109 - Independent medical opinions

§ 5109A - Revision of decisions on grounds of clear and unmistakable error

§ 5109B - Expedited treatment of remanded claims

§ 5303A - Minimum active-duty service requirement

U.S. Code: Title 41 - PUBLIC CONTRACTS
U.S. Code: Title 42 - THE PUBLIC HEALTH AND WELFARE
Statutes at Large
Public Laws