# 38 CFR § 21.3024: Nonduplication; Federal Employees' Compensation Act

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-38-21.3024

## Section

- **Citation:** 38 CFR § 21.3024
- **Heading:** Nonduplication; Federal Employees' Compensation Act
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 38—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 > General

## 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.
(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 CFR § 21.3001 § 21.3001 Delegation of authority.](https://www.frixlaw.com/law-library/statutes/ecfr-38-21.3001.md)
- [38 CFR § 21.3002 § 21.3002 Administration of Survivors' and Dependents' Educational Assistance Program.](https://www.frixlaw.com/law-library/statutes/ecfr-38-21.3002.md)
- [38 CFR § 21.3020 § 21.3020 Educational assistance.](https://www.frixlaw.com/law-library/statutes/ecfr-38-21.3020.md)
- [38 CFR § 21.3021 § 21.3021 Definitions.](https://www.frixlaw.com/law-library/statutes/ecfr-38-21.3021.md)
- [38 CFR § 21.3022 § 21.3022 Nonduplication—programs administered by VA.](https://www.frixlaw.com/law-library/statutes/ecfr-38-21.3022.md)
- [38 CFR § 21.3023 § 21.3023 Nonduplication; pension, compensation, and dependency and indemnity compensation.](https://www.frixlaw.com/law-library/statutes/ecfr-38-21.3023.md)
- [38 CFR § 21.3024 § 21.3024 Nonduplication; Federal Employees' Compensation Act.](https://www.frixlaw.com/law-library/statutes/ecfr-38-21.3024.md)
- [38 CFR § 21.3025 § 21.3025 Nonduplication; Federal programs.](https://www.frixlaw.com/law-library/statutes/ecfr-38-21.3025.md)
- [38 CFR § 21.3030 § 21.3030 Claims.](https://www.frixlaw.com/law-library/statutes/ecfr-38-21.3030.md)
- [38 CFR § 21.3040 § 21.3040 Eligibility; child.](https://www.frixlaw.com/law-library/statutes/ecfr-38-21.3040.md)
- [38 CFR § 21.3041 § 21.3041 Periods of eligibility; child.](https://www.frixlaw.com/law-library/statutes/ecfr-38-21.3041.md)
- [38 CFR § 21.3042 § 21.3042 Service with Armed Forces.](https://www.frixlaw.com/law-library/statutes/ecfr-38-21.3042.md)
- [38 CFR § 21.3043 § 21.3043 Suspension of program; child.](https://www.frixlaw.com/law-library/statutes/ecfr-38-21.3043.md)
- [38 CFR § 21.3044 § 21.3044 Entitlement.](https://www.frixlaw.com/law-library/statutes/ecfr-38-21.3044.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-38-21.3024. Check the current official text before relying on it. Not legal advice.