Claims and Effective Dates for the Award of Educational Assistance

DEPARTMENT OF DEFENSE

DEPARTMENT OF TRANSPORTATION

Coast Guard

DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 21

RIN 2900-AH76

Claims and Effective Dates for the Award of Educational

Assistance

AGENCIES: Department of Defense, Department of Transportation (Coast

Guard), and Department of Veterans Affairs.

ACTION: Proposed rule.

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SUMMARY: This document proposes to amend the educational assistance and

educational benefit regulations of the Department of Veterans Affairs

(VA). It proposes a standard for determining what constitutes a formal

claim, an informal claim, and an abandoned claim that can be applied

uniformly to the educational assistance programs VA administers. In

addition, it proposes less restrictive effective dates for awards of

educational assistance; proposes uniform time limits for acting to

complete claims; and proposes to state VA's responsibilities when a

claim is filed. It appears that this rule will result in a more uniform

adjudication of claims for educational assistance under each of the

education programs VA administers.

DATES: Comments must be received on or before June 29, 1998.

ADDRESSES: Mail or hand deliver written comments to Director, Office of

Regulations Management (02D), Department of Veterans Affairs, 810

Vermont Avenue NW., Room 1154, Washington, DC 20420. Comments should

indicate that they are submitted in response to ``RIN 2900-AH76.'' All

written comments received will be available for public inspection at

the above address in the Office of Regulations Management, Room 1158,

between the hours of 8 a.m. and 4:30 p.m., Monday through Friday

(except holidays).

Comments on the collection of information contained in this

proposal should be submitted to the Office of Management and Budget,

Attention: Desk Officer for the Department of Veterans Affairs, Office

of Information and Regulatory Affairs, Washington, DC 20503, with

copies mailed or hand delivered to the Director, Office of Regulations

Management (02D), Department of Veterans Affairs, 810 Vermont Avenue

NW., Room 1154, Washington, DC 20420. Comments should indicate that

they are submitted in response to ``RIN 2900-AH76.'' All written

comments to VA will be available for public inspection at the above

address in the Office of Regulations Management, Room 1158, between the

hours of 8 a.m. and 4:30 p.m., Monday through Friday (except holidays).

FOR FURTHER INFORMATION CONTACT: William G. Susling, Jr., Education

Adviser, Education Service (225C), Veterans Benefits Administration,

(202) 273-7187.

SUPPLEMENTARY INFORMATION: Regulations concerning VA-administered

educational assistance and educational benefits are contained in 38 CFR

Part 21. Rules governing time limits for filing claims or completing

claims are contained in subparts B, C, G, H, K, and L. Each rule is

applicable to one of the educational programs VA administers. Although

there is no statutory reason why the rules could not be identical, they

are not. This proposed rule would put one set of regulations concerning

time limits in subpart B and apply them to all the educational programs

VA administers. This would result in the following changes.

Regulations governing the Post-Vietnam Era Veterans' Educational

Assistance Program (VEAP) do not permit extension of time limits to act

to perfect a claim or to challenge an

[[Page 23409]]

adverse VA decision. An extension is permitted in the regulations

governing the Survivors' and Dependents' Educational Assistance program

(DEA), the Montgomery GI Bill--Active Duty (MGIB), and the Montgomery

GI Bill--Selected Reserve (MGIB-SR). There appears to be no reason why

VEAP should be treated differently from the other education programs VA

administers since 38 U.S.C. chapter 51 is the basis for having time

limits in each of these programs. This proposed rule would permit the

same extension of the time limits to perfect a claim or to challenge an

adverse decision in VEAP as exists in other programs.

The regulations governing the Educational Assistance Test Program

(EATP) and those governing MGIB-SR do not provide that VA's failure to

notify a claimant of the time limit to complete a claim or to act to

challenge an adverse VA decision will extend the time limits for taking

those actions. The regulations governing VEAP, DEA, and MGIB provide

such an automatic extension. It does not appear that there is a valid

reason to retain the different rule for EATP and MGIB-SR, since VA's

failure to notify a claimant under these programs would have an adverse

effect equal to a similar failure in the other three programs. This

proposed rule would provide EATP and MGIB-SR with an automatic

extension of the time limit on the same basis as has been provided in

VEAP.

Current regulations use terms related to the filing of claims, such

as ``informal claim'' that are not fully defined. This lack of

definition would be corrected in this rule through the adding of

definitions to subpart B. These definitions are as follows.

Proposed Sec. 21.1029(a) defines an abandoned claim either as one

where VA has asked for evidence, and the claimant does not furnish the

evidence within one-year or does not show good cause why the one year

time limit could not be met; or one based on an informal claim where VA

has requested a formal claim but has not either received one within one

year of the request or the claimant has not shown good cause why the

claim could not be submitted within a year of the request. This

definition is based upon 38 U.S.C. 5103(a) which provides that if VA

asks a claimant to complete a claim, and the claimant does not do so

within a year, no benefits are payable based on that claim. While the

statute does not label the claim an abandoned claim, in fact, it has

been abandoned. It would appear that this definition is appropriate.

Further, the regulations regarding a claim for educational

assistance under MGIB state at Sec. 21.7032(c) that a reactivated claim

after abandonment constitutes a new claim. However, at Sec. 21.7131(d)

the regulations describe such a reactivated claim as a reopened claim.

Since the effective date of benefits would relate to the new claim, it

seems more appropriate to describe a reactivated claim after

abandonment as a new claim. Accordingly, the regulations would be

amended to consistently describe a reactivated claim after abandonment

as a new claim.

Proposed Sec. 21.1029(c) defines a formal claim as one that has

been made in the form prescribed by the Secretary of Veterans Affairs

(or designee) including one that is a claim for an increase in

educational assistance as the result of an increase in the number of

dependents, or one that is a claim for an extension of the eligibility

period to receive educational assistance. 38 U.S.C. 5101(a) states that

claimants are required to file claims on the form prescribed by the

Secretary. Again, the statute does not label this as a formal claim,

but it would appear that this is a reasonable definition. Such a

definition would eliminate the need to repeat the statutory language

whenever the regulations need to refer to the action required by 38

U.S.C. 5101.

The proposed rule defines an informal claim as one where the

claimant, a representative, or a Member of Congress indicates a desire

on the part of the claimant to receive educational assistance, but also

states that the mere act of enrolling in an approved school is not an

informal claim. This definition is based upon the discussion of

informal claims contained in Secs. 21.1031, 21.3031, and 21.7030(b). By

permitting informal claims, VA is able to base effective dates upon

them. It appears that the definition is consistent with past practice

and will provide an equitable way to determine a claimant's date of

claim.

Finally, the term ``VA'' in this proposed rule is defined as the

United States Department of Veterans Affairs. This abbreviation is used

with this meaning throughout this subpart, without being defined. It

appears that to do so would eliminate any confusion caused by the use

of this term.

Receipt of a formal claim for benefits from an individual and

receipt of an enrollment certification from his or her school verifying

the individual's actual pursuit of a program of education are necessary

prerequisites to the award of educational assistance to the individual.

The regulations governing the effective dates for awards of educational

assistance generally provide that the commencing date of an award will

be the later of one year before the date of receipt of the claim or one

year before the date of receipt of the enrollment certification from

the school. These regulations were adopted when the normal method of

receiving the enrollment certification was through the mails. Today, VA

receives many enrollment certifications electronically. Delays in

receipt of the certification are not the fault of the Postal Service,

but rather the educational institution. Since it appears that

certification of enrollment is not under the veteran's control, this

proposed rule would revise the regulations governing effective dates to

eliminate this provision. The proposal would base effective dates on

the date of claim, without regard to receipt of the enrollment

certification.

This document also would amend Sec. 21.7631 to reflect statutory

requirements for effective dates for awards of educational assistance

for MGIB-SR.

The Department of Defense (DOD) is issuing this proposal jointly

with VA insofar as it relates to VEAP and EATP. These programs are

funded by DOD and administered by VA. DOD, the Department of

Transportation (Coast Guard), and VA are jointly issuing this proposal

insofar as it relates to the MGIB-SR. This program is funded by DOD and

the Coast Guard, and is administered by VA. The remainder of this

proposal is issued solely by VA.

Paperwork Reduction Act of 1995

The Office of Management and Budget (OMB) has determined that the

proposed 38 CFR 21.1030 would constitute a collection of information

under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Accordingly, under section 3507(d) of the Act VA has submitted a copy

of this rulemaking action to OMB for its review. OMB assigns control

numbers to collections of information it approves. VA may not conduct

or sponsor, and a person is not required to respond to, a collection of

information unless it displays a currently valid OMB control number.

Title: Claim for Educational Assistance.

Summary of collection of information: The provisions of the

proposed Sec. 21.1030 would restate a statutory requirement (38 U.S.C.

5101(a)) that provides that no benefits may be paid or furnished to an

individual until VA receives from the individual a claim for the

benefit sought in the form prescribed by the Secretary. The proposed

regulation adds language as to what information needs to be included in

a claim.

[[Page 23410]]

Description of need for information and proposed use of

information: The claim required in the proposed 38 CFR 21.1030 helps VA

determine who is eligible for DEA, EATP, VEAP, MGIB, and MGIB-SR.

Description of likely respondents: The respondents will be

individuals who wish to receive educational assistance from VA for

pursuit of a program of education.

Estimated number of respondents: 345,048.

Estimated frequency of responses: Occasionally, when an individual

wants to pursue a new program of education.

Estimated total annual reporting and recordkeeping burden: 178,484

hours of reporting burden. VA estimates that there would be no

additional recordkeeping burden imposed.

Estimated average burden per respondent: 31 minutes.

The Department considers comments by the public on proposed

collections of information in--

Evaluating whether the proposed collection(s) of

information are necessary for the proposed performance of the functions

of the Department, including whether the information will have

practical utility;

Evaluating the accuracy of the Department's estimate of

the burden of the proposed collections of information, including the

validity of the methodology and assumptions used;

Enhancing the quality, usefulness, and clarity of the

information to be collected; and

Minimizing the burden of the collection of information on

those who are to respond, including through the use of appropriate

automated, electronic, mechanical, or other technological collection

techniques or other forms of information technology, e.g., permitting

electronic submission of responses.

OMB is required to make a decision concerning the collection of

information contained in this proposed rule between 30 and 60 days

after publication of this document in the Federal Register. Therefore,

a comment to OMB is best assured of having its full effect if OMB

receives it within 30 days of publication. This does not affect the

deadline for the public to comment on the proposed regulation.

The signers of this document hereby certify that this proposed rule

will not have a significant economic impact on a substantial number of

small entities as they are defined in the Regulatory Flexibility Act, 5

U.S.C. 601-612. The proposed rule will affect only individuals and will

not directly affect any small entities. Therefore, pursuant to 5 U.S.C.

605(b), this proposed rule is exempt from the initial and final

regulatory flexibility analyses requirements of sections 602 and 604.

The Catalog of Federal Domestic Assistance number for the programs

affected by this proposed rule are 64.117, 64.120, and 64.124. This

proposed rule will affect the Montgomery GI Bill--Selected Reserve

which has no Catalog of Federal Domestic Assistance number.

List of Subjects in 38 CFR Part 21

Administrative practice and procedure, Armed forces, Civil rights,

Claims, Colleges and universities, Conflict of interests, Education,

Employment, Grant programs-education, Grant programs-veterans, Health

care, Loan programs-education, Loan programs-veterans, Manpower

training programs, Reporting and recordkeeping requirements, Schools,

Travel and transportation expenses, Veterans, Vocational education,

Vocational rehabilitation.

Approved: April 22, 1998.

Togo D. West, Jr.,

Acting Secretary.

Approved: March 18, 1998.

Normand G. Lezy,

Lieutenant General, USAF, Deputy Assistant Secretary (Military

Personnel Policy), Department of Defense.

Approved: February 26, 1998.

G. F. Woolever,

Rear Admiral, U.S. Coast Guard, Assistant Commandant for Human

Resources.

For the reasons set out above, 38 CFR part 21 (subparts B, C, D, G,

H, K, and L) is proposed to be amended as set forth below.

PART 21--VOCATIONAL REHABILITATION AND EDUCATION

Subpart B--Claims and Applications for Educational Assistance

1. The authority citation for part 21, subpart B continues to read

as follows:

Authority: 38 U.S.C. 501(a), 38 U.S.C. chapter 51, unless

otherwise noted.

2. Section 21.1029 is added, to read as follows:

Sec. 21.1029 Definitions.

These definitions apply to this subpart, and to subparts C, D, G,

H, K, and L of this part.

(a) Abandoned claim. A claim is an abandoned claim if:

(1) In connection with a formal claim VA requests that the claimant

furnish additional evidence, and the claimant--

(i) Does not furnish that evidence within one year of the date of

the request; and

(ii) Does not show good cause why the evidence could not have been

submitted within one year of the date of the request; or

(2) In connection with an informal claim, VA requests a formal

claim, and--

(i) VA does not receive the formal claim within one year of the

date of request; and

(ii) The claimant does not show good cause why he or she could not

have filed the formal claim in sufficient time for VA to have received

it within one year of the date of the request.

(Authority: 38 U.S.C. 5103(a))

(b) Date of claim. The date of claim is the date on which a valid

claim or application for educational assistance is considered to have

been filed with VA, for purposes of determining the commencing date of

an award of that educational assistance.

(1) If an informal claim is filed and VA receives a formal claim

within one year of the date VA requested it, or within such other

period of time as provided by Sec. 21.1032, the date of claim, subject

to the provisions of paragraph (b)(3) of this section, is the date VA

received the informal claim.

(2) If a formal claim is filed other than as described in paragraph

(b)(1) of this section, the date of claim, subject to the provisions of

paragraph (b)(3) of this section, will be the date VA received the

formal claim.

(3) If a formal claim itself is abandoned and a new formal or

informal claim is filed, the date of claim will be as provided in

paragraph (b)(1) or (b)(2) of this section, as appropriate.

(Authority: 38 U.S.C. 5103)

(c) Formal claim. A claim is a formal claim when the claimant (or

his or her authorized representative) files the claim with VA, and--

(1) The claim is a claim for--

(i) Educational assistance;

(ii) An increase in educational assistance; or

(iii) An extension of the eligibility period for receiving

educational assistance; and

(2) If there is a form (either paper or electronic) prescribed by

the Secretary of Veterans Affairs or his or her designee, the claim is

filed on that form.

(Authority: 38 U.S.C. 5101(a))

(d) Informal claim. (1) If the Secretary of Veterans Affairs has

prescribed a form (either paper or electronic) to use in claiming the

benefit sought, the term informal claim means--

[[Page 23411]]

(i) Any communication from an individual, or from an authorized

representative or a Member of Congress on that individual's behalf that

indicates a desire on the part of the individual to claim or to apply

for VA-administered educational assistance; or

(ii) A claim from an individual or from an authorized

representative on that individual's behalf for a benefit described in

paragraph (c)(1) of this section that is filed in a document other than

in the prescribed form.

(2) If the Secretary of Veterans Affairs has not prescribed a form

(either paper or electronic) to use in claiming the benefit sought, the

term informal claim means any communication, other than a formal claim,

from an individual, or from an authorized representative or a Member of

Congress on that individual's behalf that indicates a desire on the

part of the individual to claim or to apply for VA-administered

educational assistance.

(3) When VA requests evidence in connection with a claim, and the

claimant submits that evidence to VA after having abandoned the claim,

the claimant's submission of the evidence is an informal claim.

(4) The act of enrolling in an approved school is not an informal

claim.

(5) VA will not consider a communication received from a service

organization, an attorney, or agent to be an informal claim if a valid

power of attorney, executed by the claimant, is not in effect at the

time the communication is written.

(Authority: 10 U.S.C. 16136(b), 38 U.S.C. 3034(a), 3241(a), 3471,

3513, 5101(a), 5102, 5901)

(e) VA. The term VA means the United States Department of Veterans

Affairs.

(Authority: 38 U.S.C. 301)

3. Section 21.1030 is revised to read as follows:

Sec. 21.1030 Claims.

An individual must file a formal claim for educational assistance

for pursuit of a program of education, indicating the proposed place of

training, the school or training establishment, the objective of the

program of education, and such other information as the Secretary may

require. A servicemember also must consult with his or her service

education officer before filing a formal claim for educational

assistance.

(Authority: 10 U.S.C. 16136(b), 38 U.S.C. 3034(a), 3241(a), 3471,

3513, 5101(a))

4. Section 21.1031 is revised to read as follows.

Sec. 21.1031 VA responsibilities when a claim is filed.

(a) VA will furnish forms. VA will furnish all necessary claim

forms, instructions, and, if appropriate, a description of any

supporting evidence required upon receipt of an informal claim.

(Authority: 38 U.S.C. 5102)

(b) Request for additional evidence. If a formal claim for

educational assistance is incomplete, or if VA requires additional

evidence or information to adjudicate the claim, VA will notify the

claimant of the evidence and/or information necessary to complete or

adjudicate the claim and of the time limit provisions of

Sec. 21.1032(a).

(Authority: 38 U.S.C. 5103)

5. Sec. 21.1032 is revised to read as follows:

Sec. 21.1032 Time limits.

The provisions of this section are applicable to informal claims

and formal claims.

(a) Failure to furnish form, information, or notice of time limit.

VA's failure to give a claimant or potential claimant any form or

information concerning the right to file a claim or to furnish notice

of the time limit for the filing of a claim will not extend the time

periods allowed for these actions.

(Authority: 38 U.S.C. 5101, 5113)

(b) Notice of time limit for filing evidence. If a claimant's claim

is incomplete, VA will notify the claimant of the evidence necessary to

complete the claim. Unless payment of educational assistance is

permitted by paragraph (e) of this section, if the evidence is not

received within one year from the date of such notification, VA will

not pay educational assistance by reason of that claim.

(Authority: 38 U.S.C. 5103)

(c) Time limit for filing a claim for an extended period of

eligibility under 38 U.S.C. chapter 30, 32, or 35. VA must receive a

claim for an extended period of eligibility provided by Secs. 21.3047,

21.5042, or 21.7051 by the later of the following dates.

(1) One year from the date on which the spouse's, surviving

spouse's, or veteran's original period of eligibility ended; or

(2) One year from the date on which the spouse's, surviving

spouse's, or veteran's physical or mental disability no longer

prevented him or her from beginning or resuming a chosen program of

education.

(Authority: 38 U.S.C. 3031(d), 3232(a), 3512)

(d) Time limit for filing for an extension of eligibility due to

suspension of program (38 U.S.C. chapter 35). VA must receive a claim

for an extended period of eligibility due to a suspension of an

eligible child's program of education as provided in Sec. 21.3043 by

the later of the following dates.

(1) One year from the date on which the child's original period of

eligibility ended; or

(2) One year from the date on which the condition that caused the

suspension of the program of education ceased to exist.

(Authority: 38 U.S.C. 3512(c))

(e) Extension for good cause. (1) VA may extend for good cause a

time limit within which a claimant or beneficiary is required to act to

perfect a claim or challenge an adverse VA decision. VA may grant such

an extension only when the following conditions are met:

(i) When a claimant or beneficiary requests an extension after

expiration of a time limit, he or she must take the required action

concurrently with or before the filing of that request; and

(ii) The claimant or beneficiary must show good cause as to why he

or she could not take the required action during the original time

period and could not have taken the required action sooner.

(2) Denials of time limit extensions are separately appealable

issues.

(Authority: 38 U.S.C. 5101, 5113)

(f) Computation of time limit. (1) In computing the time limit for

any action required of a claimant or beneficiary, including the filing

of claims or evidence requested by VA, VA will exclude the first day of

the specified period, and will include the last day. This rule is

applicable in cases in which the time limit expires on a workday. When

the time limit would expire on a Saturday, Sunday, or holiday, the VA

will include the next succeeding day in the computation.

(2) The first day of the specified period referred to in paragraph

(f)(1) of this section will be the date of the letter of notification

to the claimant or beneficiary for purposes of computing time limits.

As to appeals, see Secs. 20.302 and 20.305 of this chapter.

(Authority: 38 U.S.C. 501(a))

Subpart C--Survivors' and Dependents' Educational Assistance Under

38 U.S.C. Chapter 35

6. The authority citation for subpart C continues to read as

follows:

Authority: 38 U.S.C. 501(a), 512, 3500-3566, unless otherwise

noted.

[[Page 23412]]

Sec. 21.3021 [Amended]

7. In Sec. 21.3021, paragraph (m) is amended by removing

``Sec. 21.4200'', and adding, in its place, ``Secs. 21.1029 and

21.4200''.

8. Section 21.3030 is revised to read as follows:

Sec. 21.3030 Claims.

The provisions of subpart B of this part apply with respect to

submission of a claim for educational assistance under 38 U.S.C.

chapter 35, VA actions upon receiving a claim, and time limits

connected with claims.

(Authority: 38 U.S.C. 3513, 5101, 5102, 5103)

9. Sections 21.3031 and 21.3032 are removed.

Subpart D--Administration of Educational Assistance Programs

10. The authority citation for subpart D continues to read as

follows:

Authority: 10 U.S.C. ch. 1606, 38 U.S.C. 501(a), chs. 30, 32,

34, 35, 36, unless otherwise noted.

11. In Sec. 21.4131, the introductory text and paragraphs (a) and

(d) are revised, to read as follows:

Sec. 21.4131 Commencing dates.

VA will determine the commencing date of an award or increased

award of educational assistance under this section. 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) 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:

(i) The date the educational institution certifies under paragraph

(b) or (c) of this section;

(ii) One year before the date of claim as determined by

Sec. 21.1029(b);

(iii) The effective date of the approval of the course, or one year

before the date VA receives the approval notice, whichever is later; or

(2) 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--

(i) The date the educational institution certifies under paragraph

(b) or (c) of this section; or

(ii) The effective date of the approval of the course, or one year

before the date VA receives the approval notice, whichever is later.

(Authority: 38 U.S.C. 3672, 5103, 5110(b), 5113)

* * * * *

(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) 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:

(i) The beginning date of eligibility as determined by

Sec. 21.3041(a) or (b) or by Sec. 21.3046(a) or (b), whichever is

applicable;

(ii) One year before the date of claim as determined by

Sec. 21.1029(b);

(iii) The date the educational institution certifies under

paragraph (b) or (c) of this section;

(iv) The effective date of the approval of the course, or one year

before the date VA receives the approval notice, whichever is later; or

(2) 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 later of--

(i) The date the educational institution certifies under paragraph

(b) or (c) of this section; or

(ii) The effective date of the approval of the course, or one year

before the date VA receives the approval notice, whichever is later.

(Authority: 38 U.S.C. 3014, 3023, 3034, 3672, 5103)

Subpart G--Post-Vietnam Era Veterans' Educational Assistance Under

38 U.S.C. Chapter 32

12. The authority citation for subpart G continues to read as

follows:

Authority: 38 U.S.C. 501(a), ch. 32, unless otherwise noted.

13. In Sec. 21.5030, the heading for the section and paragraph (c)

introductory text, are revised; paragraphs (c)(1), (c)(2), and (c)(3)

are redesignated as paragraphs (c)(2), (c)(3), and (c)(4),

respectively; a new paragraph (c)(1) is added; and a newly redesignated

paragraph (c)(3) is revised, to read as follows:

Sec. 21.5030 Applications, claims, and time limits.

* * * * *

(c) The provisions of the following sections shall apply to claims

for educational assistance under 38 U.S.C. chapter 32:

(1) Section 21.1029--Definitions.

* * * * *

(3) Section 21.1031--VA responsibilities when a claim is filed.

* * * * *

14. In Sec. 21.5130, paragraph (a) is amended by removing

``dates'', and adding, in its place, ``dates (except paragraph (d))''.

Subpart H--Educational Assistance Test Program

15. The authority citation for subpart H continues to read as

follows:

Authority: 10 U.S.C. ch. 107; 38 U.S.C. 501(a), 3695, 5101,

5113, 5303A, 42 U.S.C 2000; sec. 901, Pub. L. 96-342, 94 Stat. 1111-

1114, unless otherwise noted.

16. Section 21.5730 is revised to read as follows:

Sec. 21.5730 Applications, claims, and time limits.

The provisions of subpart B of this part apply with respect to

claims for educational assistance under the educational program

described in Sec. 21.5701, VA actions upon receiving a claim, and time

limits connected with claims.

(Authority: 10 U.S.C. 2141, 2149, 38 U.S.C. 5101, 5102, 5103)

Sec. 21.5732 [Removed]

17. Section 21.5732 is removed.

Subpart K--All Volunteer Force Educational Assistance Program

(Montgomery GI Bill--Active Duty)

18. The authority citation for subpart K continues to read as

follows:

Authority: 38 U.S.C. 501(a), chs. 30 and 36, unless otherwise

noted.

19. In Sec. 21.7020, the introductory text is revised, to read as

follows:

Sec. 21.7020 Definitions.

For the purposes of regulations from Sec. 21.7000 through

Sec. 21.7499 and the payment of basic educational assistance

[[Page 23413]]

and supplemental educational assistance under 38 U.S.C. chapter 30, the

following definitions apply. (See also additional definitions in

Sec. 21.1029).

* * * * *

20. Section 21.7030 is revised to read as follows:

Sec. 21.7030 Applications, claims, and time limits.

The provisions of subpart B, of this part apply with respect to

claims for educational assistance under 38 U.S.C. chapter 30, VA

actions upon receiving a claim, and time limits connected with claims.

(Authority: 38 U.S.C. 3018B, 3034(a), 3471, 5101, 5102, 5103)

21. In Sec. 21.7032, paragraphs (b), (c), (d), and (e) are removed;

paragraph (f) is redesignated as paragraph (b); and the section heading

and paragraph (a) are revised to read as follows:

Sec. 21.7032 Time limits for making elections.

(a) Scope of this section. The provisions of this section are

applicable to certain elections to receive educational assistance under

38 U.S.C. ch. 30. For time limits governing formal and informal claims

for educational assistance under 38 U.S.C. ch. 30, see Sec. 21.1032.

(Authority: 38 U.S.C. 3018B)

* * * * *

Sec. 21.7051 [Amended]

22. In Sec. 21.7051, paragraph (a)(1) is amended by removing

``Sec. 21.7032(e) of this part'' and adding, in its place,

``Sec. 21.1032(c)''.

23. In Sec. 21.7131, the introductory text is revised; paragraph

(e)(1)(iii) is amended by removing ``subdivision (ii)(B) of this

subparagraph'' and adding, in its place, ``paragraph (e)(1)(ii)(B) of

this section''; paragraph (d) is removed and reserved; paragraph

(e)(2)(i) introductory text is removed; paragraphs (e)(2)(i)(A),

(e)(2)(i)(B), and (e)(2)(i)(C) are redesignated as a new (e)(2)(i),

(e)(2)(ii), and (e)(2)(iii), respectively; and paragraph (a) is revised

to read as follows:

Sec. 21.7131 Commencing dates.

VA will determine the commencing date of an award or increased

award of educational assistance under this section. 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. 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) 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:

(i) The date the educational institution certifies under paragraph

(b) or (c) of this section;

(ii) One year before the date of claim as determined by

Sec. 21.1029(b);

(iii) The effective date of the approval of the course, or one year

before the date VA receives the approval notice whichever is later; or

(2) 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

later of--

(i) The date the educational institution certifies under paragraph

(b) or (c) of this section; or

(ii) The effective date of the approval of the course, or one year

before the date VA receives the approval notice, whichever is later.

(Authority: 38 U.S.C. 3014, 3023, 3034, 3672, 5103, 5110(b), 5113)

* * * * *

Subpart L--Educational Assistance for Members of the Selected

Reserve

24. The authority citation for subpart L continues to read as

follows:

Authority: 10 U.S.C. ch. 1606; 38 U.S.C. 501, unless otherwise

noted.

25. In Sec. 21.7520, the introductory text is revised, to read as

follows:

Sec. 21.7520 Definitions.

For the purposes of regulations from Sec. 21.7500 through

Sec. 21.7999, governing the administration and payment of educational

assistance under 10 U.S.C. chapter 1606, the Selected Reserve

Educational Assistance Program, the following definitions apply. (See

also additional definitions in Sec. 21.1029).

* * * * *

26. Section 21.7530 is revised to read as follows:

Sec. 21.7530 Applications, claims, and time limits.

The provisions of subpart B of this part apply with respect to

claims for educational assistance under 10 U.S.C. chapter 1606, VA

actions upon receiving a claim, and time limits connected with claims.

(Authority: 10 U.S.C. 16136(b), 38 U.S.C. 3472)

Sec. 21.7532 [Removed]

27. Section 21.7532 is removed.

28. In Sec. 21.7631, paragraph (d) is removed; paragraphs (e), (f),

(g) and (h) are redesignated as paragraphs (d), (e), (f), and (g)

respectively; and the introductory text and paragraph (a) are revised,

to read as follows:

Sec. 21.7631 Commencing dates.

VA will determine the commencing date of an award or increased

award of educational assistance under this section. 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. When an eligible reservist 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) If the award is the first award of educational assistance for

the program of education the reservist is pursuing, the commencing date

of the award of educational assistance is the latest of:

(i) The date the educational institution certifies under paragraph

(b) or (c) of this section;

(ii) One year before the date of claim as determined by

Sec. 21.1029(b);

(iii) The effective date of the approval of the course, or one year

before the date VA receives the approval notice whichever is later; or

(2) If the award is the second or subsequent award of educational

assistance for the program of education the reservist is pursuing, the

effective date of the award of educational assistance is the later of--

(i) The date the educational institution certifies under paragraph

(b) or (c) of this section; or

(ii) The effective date of the approval of the course, or one year

before the date VA receives the approval notice, whichever is later.

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 3672, 5103)

* * * * *

[FR Doc. 98-11295 Filed 4-28-98; 8:45 am]

BILLING CODE 8320-01-P