38 CFR 21.7154 - Pursuit and absences.
Except as provided in this section, an individual must submit a verification to VA each month of his or her enrollment during the period for which the individual is to be paid. This verification shall be in a form prescribed by the Secretary.
(a)Exceptions to the monthly verification requirement. An individual does not have to submit a monthly verification as described in the introductory text of this section when the individual -
(1) Is enrolled in a correspondence course;
(2) Has received a lump-sum payment for the training completed during a month; or
(3) Has received an advance payment for the training completed during a month.
(b)Items to be reported on all monthly verifications.
(ii) The individual's unsatisfactory conduct, progress, or attendance;
(iii) The date of interruption or termination of training;
(v) Nonpunitive grades; and
(vi) Any other changes or modifications in the course as certified at enrollment.
(2) The verification of enrollment must -
(i) Contain the information required for release of payment;
(ii) If required or permitted by the Secretary to be submitted on paper, be signed by the veteran or servicemember on or after the final date of the reporting period, or if permitted by the Secretary to be submitted by telephone in a manner designated by the Secretary, be submitted in the form and manner prescribed by the Secretary on or after the final date of the reporting period; and
(iii) If submitted on paper, clearly show the date on which it was signed.
(c)Additional requirements for apprenticeships and other on-job training programs.
(1) When a veteran is pursuing an apprenticeship or other on-job training he or she must certify training monthly by reporting the number of hours worked.
(d)Additional requirements for individuals receiving an accelerated payment.
(1) When an individual receives an accelerated payment as provided in § 21.7151(c) and (d), he or she must certify the following information within 60 days of the end of the term, quarter or semester (or entire program when the program is not offered on a term, quarter, or semester basis) for which the accelerated payment was made:
(i) The course or program was successfully completed, or if the course was not completed -
(B) An explanation why the course was not completed;
(B) The number of credit/clock hours pursued before and after each such change in training time; and
(iii) The accelerated payment was received and used.
(i) For a veteran or servicemember who does not complete the full course, courses, or program for which the accelerated payment was made, and who does not substantiate mitigating circumstances for not completing, VA will establish an overpayment equal to the amount of the accelerated payment.
(ii) For a veteran or servicemember who does not complete the full course, courses, or program for which the accelerated payment was made, but who substantiates mitigating circumstances for not completing, VA will prorate the amount of the accelerated payment to which he or she is entitled based on the number of days from the beginning date of the enrollment period through the date of last attendance. VA will determine the prorated amount by dividing the accelerated payment amount by the number of days in the enrollment period, and multiplying the result by the number of days from the beginning date of the enrollment period through the date of last attendance. The result of this calculation will equal the amount the individual is due. The difference between the accelerated payment and the amount the individual is due will be established as an overpayment.
Title 38 published on 2015-12-03
The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 38 CFR Part 21 after this date.