38 CFR 21.7044 - Persons with eligibility under 38 U.S.C. chapter 34.

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There is 1 rule appearing in the Federal Register for 38 CFR 21. View below or at eCFR (GPOAccess)
§ 21.7044 Persons with eligibility under 38 U.S.C. chapter 34.
Certain individuals with 38 U.S.C. chapter 34 eligibility may establish eligibility for educational assistance under 38 U.S.C. chapter 30. This section requires an individual to complete certain academic requirements before applying for educational assistance. If the individual applies before completing those requirements, VA will disallow the application. However, the individual's premature application will not prevent the individual from establishing eligibility at a later time by applying for educational assistance again after having completed those academic requirements. In determining whether an individual has met the service requirements of this section, VA will exclude any period during which the individual is not entitled to credit for service for periods of time specified in § 3.15.
(a) Eligibility based solely on active duty. An individual may establish eligibility for basic educational assistance based on service on active duty under the following terms, conditions, and requirements—
(1) The individual must have met the requirements of 38 U.S.C. chapter 34, as in effect on December 31, 1989, establishing eligibility for educational assistance allowance under that chapter;
(2) As of December 31, 1989, the individual must have entitlement remaining for educational assistance allowance under 38 U.S.C. chapter 34;
(3) The individual, before applying for educational assistance, must:
(i) Complete the requirements for a secondary school diploma or an equivalency certificate; or
(ii) Successfully complete (or otherwise receive academic credit for) 12 semester hours (or the equivalent) in a program of education leading to a standard college degree;
(4) After June 30, 1985—
(i) The individual must serve at least three years continuous active duty in the Armed Forces, or
(ii) The individual must be discharged or released from active duty—
(A) For a service-connected disability, or
(B) For a medical condition which preexisted the individual's service on active duty and which VA determines is not service connected, or
(C) Under 10 U.S.C. 1173 (Hardship discharge), or
(D) For the convenience of the Government provided the individual completes at least 30 months of active duty, or
(E) Involuntarily for convenience of the government as a result of a reduction in force, as determined by the Secretary of the military department concerned in accordance with regulations
prescribed by the Secretary of Defense or by the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy, or
(F) For a physical or mental condition that was not characterized as a disability and did not result from the individual's own willful misconduct but did interfere with the individual's performance of duty, as determined by the Secretary of each military department in accordance with regulations prescribed by the Secretary of Defense or by the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy;
(5) Upon completion of the requisite active duty service the individual must either—
(i) Continue on active duty, or
(ii) Be discharged from active duty with an honorable discharge, or
(iii) Be released after service on active duty characterized by the Secretary concerned as honorable service and
(A) Be placed on the retired list, or
(B) Be transferred to the Fleet Reserve or Fleet Marine Corps Reserve, or
(C) Be placed on the temporary disability retired list, or
(iv) Be released from active duty for further service in a reserve component of the Armed Forces after service on active duty characterized by the Secretary concerned as honorable service; and
(6) The individual must have been on active duty at any time during the period beginning on October 19, 1984, and ending on July 1, 1985, and continued on active duty without a break in service; or
(Authority: 38 U.S.C. 3011)
(7) Effective December 27, 2001, an individual must meet the following requirements. He or she—
(i) Was not on active duty on October 19, 1984;
(ii) Reenlists or reenters on a period of active duty after October 19, 1984; and
(iii) Serves at least three years of continuous active duty in the Armed Forces after June 30, 1985. The individual is not required to serve three years if he or she is honorably discharged or released from active duty for one of the reasons shown in paragraphs (a)(4)(ii)(A) through (a)(4)(ii)(F) of this section.
(b) Eligibility based on combined active duty service and service in the Selected Reserve. An individual may establish eligibility for basic educational assistance based on a combination of service on active duty and service in the Selected Reserve under the following terms, conditions and requirements.
(1) The individual must have met the requirements of 38 U.S.C. chapter 34, as in effect on December 31, 1989, establishing eligibility for educational assistance allowance under that chapter;
(2) As of December 31, 1989, the individual must have entitlement remaining for educational assistance allowance under 38 U.S.C. chapter 34;
(3) The individual, before applying for educational assistance, must:
(i) Complete the requirements for a secondary school diploma or an equivalency certificate; or
(ii) Successfully complete (or otherwise receive academic credit for) 12 semester hours (or the equivalent) in a program of education leading to a standard college degree.
(4) The individual either—
(i) Must have been on active duty on October 19, 1984, must have served without a break in service from October 19, 1984, through June 30, 1985, and after June 30, 1985—
(A) Except as provided in paragraph (b)(5) of this section, must serve at least two years of continuous active duty in the Armed Forces characterized by the Secretary concerned as honorable service, and
(B) Except as provided in paragraph (b)(6) of this section, after completion of this active duty service, must serve at least four continuous years service in the Selected Reserve, during which the individual must participate satisfactorily in training as prescribed by the Secretary concerned; or
(ii) Effective December 27, 2001, must not have been on active duty on October 19, 1984, must reenlist or reenter on a period of active duty after October 19, 1984, and after June 30, 1985—
(A) Except as provided in paragraph (b)(5) of this section, must serve at least two years of continuous active duty in the Armed Forces characterized by the Secretary concerned as honorable service, and
(B) Except as provided in paragraph (b)(6) of this section, after completion of this active duty service, must serve at least four continuous years service in the Selected Reserve, during which the individual must participate satisfactorily in training as prescribed by the Secretary concerned.
(5) The individual also must—
(i) Be discharged from service with an honorable discharge, or
(ii) Be placed on the retired list, or
(iii) Be transferred to the Standby Reserve or an element of the Ready Reserve other than the Selected Reserve after service in the Selected Reserve characterized by the Secretary concerned as honorable service, or
(iv) Continue on active duty, or
(v) Continue in the Selected Reserve.
(6) An individual is exempt from serving two years on active duty as provided in paragraph (b)(3) of this section when he or she is discharged or released during those two years—
(i) For a service-connected disability, or
(ii) For a medical condition which preexisted such service on active duty and which VA determines is not service-connected, or
(iii) Under 10 U.S.C. 1173 (hardship discharge), or
(iv) For convenience of the government provided the individual completes at least 20 months of active duty, or
(v) Involuntarily, for the convenience of the government as a result of a reduction in force as determined by the Secretary of the military department concerned in accordance with regulations prescribed by the Secretary of Defense or by the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy, or
(vi) For a physical or mental condition that was not characterized as a disability and did not result from the individual's own willful misconduct but did interfere with the individual's performance of duty, as determined by the Secretary of each military department in accordance with regulations prescribed by the Secretary of Defense or by the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy.
(Authority: 38 U.S.C. 3012; Pub. L. 98-525, Pub. L. 99-576, Pub. L. 100-689, Pub. L. 101-510) (Oct. 19, 1984)
(7) An individual is exempt from serving four years in the Selected Reserve as provided in paragraph (b)(4) of this section when—
(i) After completion of the active duty required by this paragraph he or she serves a continuous period of service in the Selected Reserve, and
(A) Is discharged for a service-connected disability, or
(B) Is discharged for a medical condition which preexisted the individual's becoming a member of the Selected Reserve and which VA determines is not service connected, or
(C) Is discharged for hardship, or
(D) Is discharged or released after a minimum of 30 months service in the Selected Reserve for convenience of the Government, or
(E) Is discharged involuntarily for the convenience of the government as a result of a reduction in force, as determined by the Secretary of the military department concerned in accordance with regulations prescribed by the Secretary of Defense or by the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy, or
(F) Is discharged for a physical or mental condition that was not characterized as a disability and did not result from the individual's own willful misconduct but did interfere with the individual's performance of duty, as determined by the Secretary of each military department in accordance with regulations prescribed by the Secretary of Defense or by the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy; or
(Authority: 38 U.S.C. 3012; Pub. L. 98-525, Pub. L. 99-576, Pub. L. 100-689, Pub. L. 101-510) (Oct. 19, 1984)
(ii) The individual is obligated at the beginning of the two years active duty described in paragraph (b)(3) of this section to serve the four years in the Selected Reserve as described in paragraph (b)(4) of this section, and during the two years of active duty service he or she is discharged or released from active duty in the Armed Forces—
(A) For a service-connected disability, or
(B) For a medical condition which preexisted that period of active duty and which VA determines is not service connected, or
(iii) Before completing four years service in the Selected Reserve the individual ceases to be a member of the Selected Reserve during the period beginning on October 1, 1991, and ending on September 30, 1999, by reason of the inactivation of the individual's unit of assignment or by reason of involuntarily ceasing to be designated as a member of the Selected Reserve pursuant to 10 U.S.C. 268(b). However, this exemption from the four years service requirement does not apply to a reservist who ceases to be a member of the Selected Reserve under adverse conditions as characterized by the Secretary of the military department concerned, or to a reservist who after having involuntarily ceased to be a member of the Selected Reserve is involuntarily separated from the Armed Forces under adverse conditions as characterized by the Secretary of the military department concerned.
(Authority: 10 U.S.C. 16133(b)(1); sec. 4421(b) and (c), Pub. L. 102-484, 106 Stat. 2718)
(8) A veteran who has completed the active duty service required by this paragraph and has made a commitment (as determined by the Secretary concerned) to serve four continuous years in the Selected Reserve may pursue a program of education with basic educational assistance while performing the required Selected Reserve service.
(9) For the purpose of determining continuity of Selected Reserve service, the Secretary concerned may prescribe by regulation a maximum period of time during which the individual is considered to have continuous service in the Selected Reserve even through he or she—
(i) Is unable to locate a unit of the Selected Reserve of the individual's Armed Force that the individual is eligible to join or that has a vacancy, or
(ii) Is not attached to a unit of the Selected Reserve for any reason prescribed by the Secretary concerned by regulation other than those stated in subdivision (i) of this subparagraph.
(10) Any decision as to the continuity of an individual's service in the Selected Reserve made by the Department of Defense or the Department of Transportation under regulations described in paragraph (b) (8) or (9) of this section shall be binding upon VA.
(Authority: 38 U.S.C. 3011, 3012, 3016; Pub. L. 98-525, Pub. L. 100-689) (July 1, 1985)
(11) The individual must have been on active duty at any time during the period beginning on October 19, 1984, and ending on July 1, 1985, and continued on active duty without a break in service.
(c) Restrictions on establishing eligibility. Except as provided in paragraph (d) of this section, an individual, who would otherwise be eligible for educational assistance under paragraphs (a) or (b) of this section, is not eligible for educational assistance under 38 U.S.C. ch. 30, if after December 31, 1976, he or she receives a commission as an officer in the Armed Forces—
(1) Upon graduation from—
(i) The United States Military Academy, or
(ii) The United States Naval Academy, or
(iii) The United States Air Force Academy, or
(iv) The Coast Guard Academy; or
(2) Upon completion of a program of educational assistance under 10 U.S.C. 2107 (the Reserve Officers Training Corps Scholarship Program).
(Authority: 38 U.S.C. 3011, 3012; Pub. L. 98-525)
(d) Exception to restrictions on establishing eligibility. Paragraph (c) of this section does not apply to a veteran who has met the requirements for educational assistance under paragraph (a) or (b) of this section before receiving a commission as an officer in the Armed Forces upon graduation from the United States Military Academy, the United States Naval Academy, the United States Air Force Academy, or the Coast Guard Academy; or upon completion of a program of educational assistance under 10 U.S.C. 2107 (the Reserve Officers Training Corps Scholarship Program).
(Authority: 38 U.S.C. 3011, 3012, 3018)
[53 FR 1757, Jan. 22, 1988, as amended at 55 FR 28384, July 11, 1990; 56 FR 20132, May 2, 1991; 57 FR 29026, June 30, 1992; 59 FR 24050, 24051, May 10, 1994; 61 FR 6786, Feb. 22, 1996; 61 FR 26116, May 24, 1996; 62 FR 55761, Oct. 28, 1997; 65 FR 20745, Apr. 18, 2000; 65 FR 67266, Nov. 9, 2000; 68 FR 34329, June 9, 2003; 73 FR 2427, Jan. 15, 2008]

Title 38 published on 2013-07-01

The following are only the Rules published in the Federal Register after the published date of Title 38.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2014-03-24; vol. 79 # 56 - Monday, March 24, 2014
    1. 79 FR 15920 - Vocational Rehabilitation and Employment Program: Changes Related to the Honoring America's Veterans and Caring for Camp Lejeune Families Act of 2012
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      DEPARTMENT OF VETERANS AFFAIRS
      Final rule.
      Effective Date: This final rule is effective March 24, 2014. Applicability Date: In accordance with the amended statutory provision of 38 U.S.C. 3108(a)(2), this final rule pertains to all awards of employment adjustment allowance processed on or after August 6, 2013.
      38 CFR Part 21

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

Title 38 published on 2013-07-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 38 CFR 21 after this date.

  • 2014-03-24; vol. 79 # 56 - Monday, March 24, 2014
    1. 79 FR 15920 - Vocational Rehabilitation and Employment Program: Changes Related to the Honoring America's Veterans and Caring for Camp Lejeune Families Act of 2012
      GPO FDSys XML | Text
      DEPARTMENT OF VETERANS AFFAIRS
      Final rule.
      Effective Date: This final rule is effective March 24, 2014. Applicability Date: In accordance with the amended statutory provision of 38 U.S.C. 3108(a)(2), this final rule pertains to all awards of employment adjustment allowance processed on or after August 6, 2013.
      38 CFR Part 21