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

§ 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:
Training Monthly rate
Nodependents Onedependent Twodependents Additional for eachadditional dependent
Full time $1222.00 $1258.00 $1289.00 $16.00
3/4 time 917.00 943.50 967.00 12.00
1/2 time 611.00 629.00 644.50 8.50
Less than 1/2 but more than 1/4 time 611.00 611.00 611.00 0
1/4 time or less 305.50 305.50 305.50 0
(Authority: 38 U.S.C. 3015)
(ii) For training that occurs after September 30, 2006, and before October 1, 2007:
Training Monthly rate
Nodependents Onedependent Twodependents Additional for eachadditional dependent
Full time $1263.00 $1299.00 $1330.00 $16.00
3/4 time 947.75 974.25 997.75 12.00
1/2 time 631.50 649.50 665.00 8.50
Less than 1/2 but more than 1/4 time 631.50 631.50 631.50 0
1/4 time or less 315.75 315.75 315.75 0
(Authority: 38 U.S.C. 3015)
(iii) For training that occurs after September 30, 2007, and before August 1, 2008:
Training Monthly rate
Nodependents Onedependent Twodependents Additional for eachadditional dependent
Full time $1289.00 $1325.00 $1356.00 $16.00
3/4 time 967.25 993.75 1017.25 12.00
1/2 time 644.50 662.50 678.00 8.50
Less than 1/2 but more than 1/4 time 644.50 644.50 644.50 0
1/4 time or less 322.25 322.25 322.25 0
(Authority: 38 U.S.C. 3015)
(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:
Training Monthly rate
Nodependents Onedependent Twodependents Additional for eachadditional dependent
1st six months of pursuit of program $995.35 $1009.38 $1021.70 $5.95
2nd six months of pursuit of program 738.73 749.78 758.88 4.55
3rd six months of pursuit of program 495.90 503.78 509.85 3.15
Remaining pursuit of program 480.60 488.03 494.78 3.15
(Authority: 38 U.S.C. 3015)
(ii) For training that occurs after September 30, 2006, and before October 1, 2007:
Training Monthly rate
Nodependents Onedependent Twodependents Additional for eachadditional dependent
1st six months of pursuit of program $1030.20 $1044.23 $1056.55 $5.95
2nd six months of pursuit of program 765.38 776.43 785.53 4.55
3rd six months of pursuit of program 514.35 522.23 528.30 3.15
Remaining pursuit of program 499.05 506.48 513.23 3.15
(Authority: 38 U.S.C. 3015)
(iii) For training that occurs after September 30, 2007 and before January 1, 2008:
Training Monthly rate
Nodependents Onedependent Twodependents Additional for eachadditional dependent
1st six months of pursuit of program $1052.30 $1066.33 $1078.65 $5.95
2nd six months of pursuit of program 782.28 793.33 802.43 4.55
3rd six months of pursuit of program 526.05 533.93 540.00 3.15
Remaining pursuit of program 510.75 518.18 524.93 3.15
(Authority: 38 U.S.C. 3015)
(iv) For training that occurs after December 31, 2007, and before August 1, 2008:
Training Monthly rate
Nodependents Onedependent Twodependents Additional for eachadditional dependent
1st six months of pursuit of program $928.50 $940.88 $951.75 $5.25
2nd six months of pursuit of program 661.93 671.28 678.98 3.85
3rd six months of pursuit of program 409.15 415.28 420.00 2.45
Remaining pursuit of program 397.25 403.03 408.28 2.45
(Authority: 38 U.S.C. 3015)
(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:
Monthly rate
Nodependents Onedependent Twodependents Additionalfor each additional dependent
$1222.00 $1258.00 $1289.00 $16.00
(Authority: 38 U.S.C. 3015)
(ii) For training that occurs after September 30, 2006, and before October 1, 2007:
Monthly rate
Nodependents Onedependent Twodependents Additional for each additional dependent
$1263.00 $1299.00 $1330.00 $16.00
(Authority: 38 U.S.C. 3015)
(iii) For training that occurs after September 30, 2007, and before August 1, 2008:
Monthly rate
Nodependents Onedependent Twodependents Additional for each additional dependent
$1289.00 $1325.00 $1356.00 $16.00
(Authority: 38 U.S.C. 3015)
(b) Less than one-half-time training. Except as provided in paragraph (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) 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.
(Authority: 38 U.S.C. 3032; Pub. L. 98-525, Pub. L. 99-576)
(c) Rates for servicemembers. Except as provided in paragraph (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) 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.
(Authority: 38 U.S.C. 3015)
(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), (b), or (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) or § 21.7080;
(ii) Meets the criteria of § 21.7540(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.
(Authority: 38 U.S.C. 3015(d), Pub. L. 98-525)
(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 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 of this part to the spouse for the same child.
(Authority: 38 U.S.C. 3015(d); Pub. L. 98-525)
[53 FR 1757, Jan. 22, 1988]
Editorial Note:
For Federal Register citations affecting § 21.7137, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov.

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