38 CFR 21.9505 - Definitions.

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§ 21.9505 Definitions.
For the purposes of this subpart (governing the administration and payment of educational assistance under 38 U.S.C. chapter 33) the following definitions apply. (See also additional definitions in §§ 21.1029 and 21.4200).
Academic year means the period of time beginning August 1st of each calendar year and ending July 31st of the subsequent calendar year.
Active duty means full-time duty in the regular components of the Armed Forces or under a call or order to active duty under 10 U.S.C. 688, 12301(a), 12301(d), 12301(g), 12302, or 12304. Active duty does not include—
(1) Full-time National Guard Duty performed under 32 U.S.C. orders;
(2) Any period during which the individual—
(i) Was assigned full-time by the Armed Forces to a civilian institution to pursue a program of education that was substantially the same as programs of education offered to civilians;
(ii) Served as a cadet or midshipmen at one of the service academies; or
(iii) Served under the provisions of 10 U.S.C. 12103(d) pursuant to an enlistment in the Army National Guard, Air National Guard, Army Reserve, Naval Reserve, Air Force Reserve, Marine Corps Reserve, or Coast Guard Reserve;
(3) A period of service—
(i) Required by an officer pursuant to an agreement under 10 U.S.C. 2107(b);
(ii) Required by an officer pursuant to an agreement under 10 U.S.C. 4348, 6959, or 9348;
(iii) That was terminated because the individual is considered a minor by the Armed Forces, was erroneously enlisted, or received a defective enlistment agreement; or
(iv) Counted for purposes of repayment of an education loan under 10 U.S.C. chapter 109; or
(4) A period of Selected Reserve service used to establish eligibility under 38 U.S.C. chapter 30 or 10 U.S.C. chapter 1606 or 1607.
Advance payment means an amount of educational assistance payable under § 21.9640(b)(1)(ii) or (b)(2)(ii) for the month or fraction of the month in which the individual's quarter, semester, or term will begin plus the amount for the following month.
Course means a unit of instruction required for an approved program of education that provides an individual with the knowledge and skills necessary to meet the requirements of the selected educational, professional, or vocational objective.
(Authority: 38 U.S.C. 3323(c))
Distance learning means the pursuit of a program of education via distance education as defined in 20 U.S.C. 1003(7).
Educational assistance means the monetary benefit payable under 38 U.S.C. chapter 33 to, or on behalf of, individuals who meet the eligibility requirements for pursuit of an approved program of education under 38 U.S.C. chapter 33.
(Authority: 38 U.S.C. 3313)
Enrollment period means a term, quarter, or semester during which the institution of higher learning offers instruction.
Entry level and skill training means—
(1) Basic Combat Training and Advanced Individual Training for members of the Army;
(2) Recruit Training (Boot Camp) and Skill Training (“A” School) for members of the Navy;
(3) Basic Military Training and Technical Training for members of the Air Force;
(4) Recruit Training and Marine Corps Training (School of Infantry Training) for members of the Marine Corps; and
(5) Basic Training for members of the Coast Guard.
(Authority: 38 U.S.C. 3301(2))
Established charges means the actual charge for tuition and fees that similarly circumstanced nonveterans enrolled in the program of education are required to pay.
(Authority: 38 U.S.C. 3313(h))
Fees means any mandatory charges (other than tuition, room, and board) that are applied by the institution of higher learning for pursuit of an approved program of education. Fees include, but are not limited to, health premiums, freshman fees, graduation fees, and lab fees. Fees do not include those charged for a study abroad course(s) unless the course(s) is a mandatory requirement for completion of the approved program of education.
Institution of higher learning (IHL) means a college, university, or similar institution, including a technical or business school, offering postsecondary level academic instruction that leads to an associate or higher degree if the school is empowered by the appropriate State education authority under State law to grant an associate or higher degree. When there is no State law to authorize the granting of such a degree, the school may be recognized as an institution of higher learning if it is accredited for degree programs by a recognized accrediting agency. Such term shall also include a hospital offering educational programs at the postsecondary level without regard to whether the hospital grants a postsecondary degree. Such term shall also include an educational institution that offers courses leading to a standard college degree or its equivalent, and is not located in a State but is recognized as an educational institution by the secretary of education (or comparable official) of the country or other jurisdiction in which the institution is located.
Interval means a period of time between regularly scheduled individual terms, semesters, or quarters.
Lump sum payment means an amount of educational assistance paid for the entire term, quarter, or semester.
(Authority: 38 U.S.C. 3323(c))
Mitigating circumstances means circumstances beyond the individual's control that prevent him or her from continuously pursuing a program of education. The following circumstances are representative of those that VA considers to be mitigating. This list is not all-inclusive.
(1) An illness or mental illness of the individual;
(2) An illness or death in the individual's family;
(3) An unavoidable change in the individual's conditions of employment;
(4) An unavoidable geographical transfer resulting from the individual's employment;
(5) Immediate family or financial obligations beyond the control of the individual that require him or her to suspend pursuit of the program of education to obtain employment;
(6) Discontinuance of the course by the educational institution;
(7) Unanticipated active duty for training; or
(8) Unanticipated difficulties in caring for the individual's child or children.
Program of education means a curriculum or combination of courses pursued at an institution of higher learning that are accepted as necessary to meet the requirements for a predetermined and identified educational, professional, or vocational objective. Such term also means any curriculum or combination of courses pursued at an institution of higher learning that are accepted as necessary to meet the requirements for more than one predetermined and identified educational, professional, or vocational objective if all the objectives pursued are generally recognized as being reasonably related to a single career field. The curriculum or combination of courses pursued must be listed in the institution of higher learning's catalog and included in the approval notice provided by the State approving agency to VA in accordance with § 21.4258(b)(iv).
Pursuit means to work, during a certified enrollment period, towards the objective of a program of education. This work must be in accordance with approved institutional policy and applicable criteria of Title 38, U.S.C., and must be necessary to reach the program's objective.
Rate of pursuit means the measurement obtained by dividing the number of credit hours (or the equivalent credit hours as determined in § 21.9750) an individual is enrolled in, including credit hours (or the equivalent) applied to refresher, remedial, and deficiency courses, by the number of credit hours (or the equivalent credit hours) considered to be full-time training at the institution of higher learning. The resulting percentage (rounded to the nearest hundredth) will be the individual's rate of pursuit not to exceed 100 percent. For the purpose of this subpart, VA will consider any rate of pursuit higher than 50 percent to be more than one-half time training.
(Authority: 38 U.S.C. 3323, 3680)
Transferor means an individual who is entitled to educational assistance under the Post-9/11 GI Bill based on his or her own active duty service and who is approved by the military department to transfer all or a portion of his or her entitlement to one or more dependents.
(Authority: 38 U.S.C. 3319)

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
      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

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