# 38 C.F.R. § 21.3024 (2026): Nonduplication; Federal Employees' Compensation Act

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/CFR_T38_P21_S21_3024

## Section

- **Citation:** 38 C.F.R. § 21.3024 (2026)
- **Heading:** Nonduplication; Federal Employees' Compensation Act
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Title 38 CFR: Pensions, Bonuses, and Veterans' Relief / Chapter I: DEPARTMENT OF VETERANS AFFAIRS / Part 21: VETERAN READINESS AND EMPLOYMENT AND EDUCATION / Subpart C: Survivors' and Dependents' Educational Assistance Under 38 U.S.C. Chapter 35 / § 21.3024: § 21.3024   Nonduplication › Federal Employees' Compensation Act.

## Text

(a)
Civilian employment.
The provisions of this paragraph are applicable to cases where there is eligibility for benefits from the Office of Workers' Compensation Programs, under the Federal Employees' Compensation Act (FECA) based on the disability or death as a result of civilian employment of the veteran from whom eligibility for educational assistance is derived.
(1)
Child, spouse or surviving spouse.
A person who is eligible for educational assistance and is also eligible for Office of Workers' Compensation Programs benefits, under the Federal Employees' Compensation Act (FECA) must elect which benefit he or she will receive.
(2)
Veteran, spouse and child—surviving spouse and child.
An eligible person may receive educational assistance notwithstanding that the Office of Workers' Compensation Programs benefits under the Federal Employees' Compensation Act (FECA) are being paid to a veteran, or surviving spouse.
(3)
Election.
An election of Office of Workers' Compensation Programs benefits, under the Federal employees' Compensation Act (FECA), by or for a child filed on or after July 4, 1966, is a bar to subsequent payments of Department of Veterans Affairs benefits during the period of concurrent eligibility. An election of Office of Workers' Compensation Programs benefits under the Federal Employees' Compensation Act (FECA) by a surviving spouse filed on or after December 1, 1968, is a bar to subsequent payments of Department of Veterans Affairs benefits during the period of concurrent eligibility.
sequent payments of Department of Veterans Affairs benefits during the period of concurrent eligibility. An election of Office of Workers' Compensation Programs benefits under the Federal Employees' Compensation Act (FECA) by a surviving spouse filed on or after December 1, 1968, is a bar to subsequent payments of Department of Veterans Affairs benefits during the period of concurrent eligibility.
(b)
Military service.
The provisions of this paragraph are applicable to cases where there is eligibility for benefits from Office of Workers' Compensation Program, under the Federal Employee's Compensation Act (FECA) based on the disability or death as a result of military service by the veteran from whom eligibility for educational assistance is derived.
(1)
Child, spouse or surviving spouse.
A person who is eligible for educational assistance and is also eligible for Office of Workers' Compensation Programs benefits, under the Federal Employees' Compensation Act (FECA) must elect which benefit he or she will receive. The election may be made at any time.
(2)
Veteran, spouse and child—surviving spouse and child.
An eligible person may receive educational assistance notwithstanding that the Office of Workers' Compensation Programs benefits, under the Federal Employees' Compensation Act (FECA) are being paid to a veteran, or surviving spouse.
Cross Reference:
Federal Employees' Compensation.
See § 3.708 of this chapter.
[40 FR 42879, Sept. 17, 1975, as amended at 50 FR 27826, July 8, 1985]

## Nearby sections

- [38 C.F.R. § 21.3001 (2026) § 21.3001   Delegation of authority.](https://www.frixlaw.com/law-library/statutes/CFR_T38_P21_S21_3001.md)
- [38 C.F.R. § 21.3002 (2026) § 21.3002   Administration of Survivors' and Dependents' Educational Assistance Program.](https://www.frixlaw.com/law-library/statutes/CFR_T38_P21_S21_3002.md)
- [38 C.F.R. § 21.3020 (2026) § 21.3020   Educational assistance.](https://www.frixlaw.com/law-library/statutes/CFR_T38_P21_S21_3020.md)
- [38 C.F.R. § 21.3021 (2026) § 21.3021   Definitions.](https://www.frixlaw.com/law-library/statutes/CFR_T38_P21_S21_3021.md)
- [38 C.F.R. § 21.3022 (2026) § 21.3022   Nonduplication—programs administered by VA.](https://www.frixlaw.com/law-library/statutes/CFR_T38_P21_S21_3022.md)
- [38 C.F.R. § 21.3023 (2026) § 21.3023   Nonduplication; pension, compensation, and dependency and indemnity compensation.](https://www.frixlaw.com/law-library/statutes/CFR_T38_P21_S21_3023.md)
- [38 C.F.R. § 21.3024 (2026) § 21.3024   Nonduplication; Federal Employees' Compensation Act.](https://www.frixlaw.com/law-library/statutes/CFR_T38_P21_S21_3024.md)
- [38 C.F.R. § 21.3025 (2026) § 21.3025   Nonduplication; Federal programs.](https://www.frixlaw.com/law-library/statutes/CFR_T38_P21_S21_3025.md)
- [38 C.F.R. § 21.3030 (2026) § 21.3030   Claims.](https://www.frixlaw.com/law-library/statutes/CFR_T38_P21_S21_3030.md)
- [38 C.F.R. § 21.3040 (2026) § 21.3040   Eligibility; child.](https://www.frixlaw.com/law-library/statutes/CFR_T38_P21_S21_3040.md)
- [38 C.F.R. § 21.3041 (2026) § 21.3041   Periods of eligibility; child.](https://www.frixlaw.com/law-library/statutes/CFR_T38_P21_S21_3041.md)
- [38 C.F.R. § 21.3042 (2026) § 21.3042   Service with Armed Forces.](https://www.frixlaw.com/law-library/statutes/CFR_T38_P21_S21_3042.md)
- [38 C.F.R. § 21.3043 (2026) § 21.3043   Suspension of program; child.](https://www.frixlaw.com/law-library/statutes/CFR_T38_P21_S21_3043.md)
- [38 C.F.R. § 21.3044 (2026) § 21.3044   Entitlement.](https://www.frixlaw.com/law-library/statutes/CFR_T38_P21_S21_3044.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/CFR_T38_P21_S21_3024. Check the current official text before relying on it. Not legal advice.
