[Federal Register Volume 63, Number 82 (Wednesday, April 29, 1998)]
[Proposed Rules]
[Pages 23408-23413]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11295]
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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
