(3) A program of independent living services. (Authority: 38 U.S.C. 3115(b)(4)) [49 FR 40814, Oct. 18. 1984, as amended at 51 FR 45767, Dec. 22, 1986; 55 FR 25975, June 26, 1990; 62 FR 17710, Apr. 11, 1997] CROSS-REFERENCES: See §21.156. Other incidental goods and services. §21.258. Special assistance for veterans in self-employment. Subpart B-Claims and Applications for Educational Assistance AUTHORITY: 38 U.S.C. 501(a), ch. 51, unless otherwise noted. EDITORIAL NOTE: The regulations formerly appearing under this subpart were revoked at 30 FR 14103, Nov. 9, 1965. That order provided in part, "these regulations remain in force insofar as they are pertinent to any problems, appeals, litigation, or determinations of liability of educational institutions or training establishments for overpayments under 38 U.S.C. 1666." CLAIMS § 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 dat the date on which a valid plication for educational a considered to have been fil for purposes of determinir mencing date of an award cational assistance. (1) If an informal claim VA receives a formal claim year of the date VA requ within such other period provided by §21.1032, the da subject to the provisions (b)(3) of this section, is the ceived the informal claim. (2) If a formal claim is than as described in paragr this section, the date of cl to the provisions of paragr this section, is the date the formal claim. (3) If a formal claim its doned and a new formal claim is filed, the date of provided in paragraph (b)(1 this section, as appropriate (Authority: 38 U.S.C. 5103) (c) Formal claim. A claim claim when the claimant (d authorized representative claim with VA, and (1) The claim is a claim fo (i) Educational assistance (ii) An increase in educat ance; or (iii) An extension of th period for receiving educat ance; and (2) If there is a form (eit) electronic) prescribed unde the claim is filed on that fo (Authority: 38 U.S.C. 5101(a)) (d) Informal claim. (1) If a paper or electronic) has scribed under this part to u ing the benefit sought, the mal claim means (i) Any communication fi vidual, or from an auth resentative or a Member of that individual's behalf th a desire on the part of the i claim or to apply for VA-a educational assistance; or (ii) A claim from an in from an authorized repres that individual's behalf fo described in paragraph (c)(1)(i) of this section that is filed in a document other than in the prescribed form. (2) If a form (either paper or electronic) has not been prescribed 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 assist ance. a (3) When VA requests evidence in connection with 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. 3034a), 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) 54 FR 23770, May 4, 1999] $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 be fore 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)) (The Office of Management and Budget has approved the information collection requirements in this section under control number 2900-0596.) [64 FR 23771, May 4, 1999] $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 § 21.1032(a). (Authority: 38 U.S.C. 5103) 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 (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 § 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. 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 dur ing the original time period and co not have taken the required act sooner. (2) Denials of time limit extensi are separately appealable issues. (Authority: 38 U.S.C. 5101, 5113) (f) Computation of time limit. (1) computing the time limit for any tion required of a claimant or be ficiary, including the filing of clai or evidence requested by VA, VA ▼ exclude the first day of the specif period, and will include the last d This rule is applicable in cases which the time limit expires on workday. When the time limit wo expire on a Saturday, Sunday, or h day, the VA will include the next s ceeding day in the computation. (2) The first day of the specified riod referred to in paragraph (f)(1) ́ this section will be the date of the } ter of notification to the claimant beneficiary for purposes of comput time limits. As to appeals, see §§ 20. and 20.305 of this chapter. (Authority: 38 U.S.C. 501(a)) [64 FR 23771, May 4, 1999] Subpart C-Survivors' and D pendents' Educational Assi ance Under 38 U.S.C. Chap 35 AUTHORITY: 38 U.S.C. 501(a), 512, 3500-3 unless otherwise noted. GENERAL § 21.3001 Delegation of authority. Except as otherwise provided. I thority is delegated to the Under S retary for Benefits and to superviso or administrative personnel within t jurisdiction of the Education Servi Veterans Benefits Administration, d ignated by him or her to make findir and decisions under 38 U.S.C. chapt 35 and the applicable regulation precedents and instructions, as to t program authorized by this subpart. (Authority: 38 U.S.C. 512(a)) [61 FR 26108, May 24, 1996] $21.3002 Administration of Survivors' and Dependents' Educational Assistance Program. Subpart D of this part applies to the Survivors' and Dependents' Educational Assistance Program, unless the provisions of a section in that subpart are explicitly limited to one or more of the other educational assistance programs VA administers. Authority: 38 U.S.C. 501, 3501-3566) (6: FR 26108, May 24, 1996] $21.3020 Educational assistance. The program of educational assistance under 38 U.S.C. Chapter 35 captioned Survivors' and Dependents' Educational Assistance, may be referred to as Dependents' Educational Assistance. (Authority: Sec. 309, 90 Stat. 2383) (a) General. A program of education or special restorative training may be authorized for an eligible person who meets the definition contained in $21.3021. (b) 45 months limitation. Educational assistance may not exceed a period of 45 months, or the equivalent in parttime training, unless it is determined that a longer period is required for special restorative training under the circumstances outlined in §21.3300(c) or except as specified in § 21.3044(c). manent in nature resulting from a service-connected disability. (iv) Person who is on active duty as a member of the Armed Forces and who now is, and, for a period of more than 90 days, has been, listed by the Secretary concerned as missing in action, captured in line of duty by a hostile force, or forcibly detained or interned in line of duty by a foreign government or power. (2) The surviving spouse of a: (i) Veteran who died of a service-connected disability. (ii) Veteran who died while having a disability evaluated as total and permanent in nature resulting from a service-connected disability, arising out of active military, naval or air service after the beginning of the Spanish-American War. (See §§3.6(a) and 3.807 of this chapter.) (3) The spouse of a: (i) Veteran, serviceman or servicewoman who has a total disability permanent in nature resulting from a service-connected disability. (ii) Person who is on active duty as a member of the Armed Forces and who now is, and, for a period of more than 90 days, has been, listed by the Secretary concerned as missing in action, captured in line of duty by a hostile force, or forcibly detained or interned in line of duty by a foreign government or power. (b) Child means a son or daughter of a veteran as defined in §3.807(d) of this chapter. The term includes a child of a Philippine Commonwealth Army veteran and a Philippine Scout (designated as a New Philippine Scout under 38 U.S.C. 3566(b)), as defined in §3.40(b), (c), or (d) of this chapter, but educational assistance allowance may not be authorized based on such service for any period before September 30, 1966. (c) Wife and widow, spouse and surviving spouse. The terms wife and widow mean an individual as defined in §3.807(d) of this chapter and the terms spouse and surviving spouse shall have the same respective meaning when used in the regulations in part 21, Title 38, Code of Federal Regulations. Educational assistance allowance may not be authorized for any such individuals for any period before December 1, 1968. (Authority: 38 U.S.C. 3500, 3501, and 3511) (d) Parent or guardian means a natural or adoptive parent, a fiduciary legally appointed by a court of competent jurisdiction or any person who is determined to be otherwise legally vested with the care of the eligible person (38 U.S.C. 3501(a)(4)) or it may be the eligible person if he or she has attained majority under laws applicable in his or her State of residence as shown on the application and is under no known legal disability. (38 U.S.C. 3501(b)) The eligible person may be designated as the person by whom required actions may be taken though he or she has not attained majority, or having attained majority, is under a legal disability, when it is determined that to do otherwise would not be in his or her best interest, would result in undue delay or would not be administratively feasible. Where necessary to protect his or her interest and there is reason why the eligible person should not act for himself or herself, some other individual may be designated as the person by whom required actions should be taken. (Authority: 38 U.S.C. 3501(c)) even (e) Armed Forces, as to service by the eligible person, means the U.S. Army, Navy, Marine Corps, Air Force, and Coast Guard, including the Reserve components of each, the National Guard of the United States and the Air National Guard of the United States. (38 U.S.C. 3501 (a)(3) and (d) and 3512(a)) Effective December 31, 1970, the term includes the National Oceanic and Atmospheric Administration, the Environmental Science Services Administration and the Coast and Geodetic Survey, as to full-time duty of officers commissioned therein. (Authority: 38 U.S.C. 101(21)(C)) (f) Duty with the Armed Forces, as to service by the eligible person, means active duty, active duty for training for a period of 6 or more consecutive months, or an initial period of active duty for training of not less than 3 months or more than 6 months in the Ready Reserve. (38 U.S.C. 3501(a)(3) (d), 3512(a)) See §§ 21.3041 and 21.3042. (g) State means each of the seve States, territories, and possessions the United States, the District of lumbia, and the Commonwealth Puerto Rico, and the Canal Zone. U.S.C. 101(20)) (Although the Reput of the Philippines is not included in t definition of a State, eligible pers may pursue courses of training in ti country.) (h) Program of education. The te program of education means any c riculum or any combination of u courses or subjects pursued at an e cational institution which is genera accepted as necessary to fulfill the quirements for the attainment of a p determined and identified education professional, or vocational objective. (Authority: 38 U.S.C. 3501(a)(5)) (i) Educational objective. An cational objective is one that leads the awarding of a diploma, degree, certificate which reflects educatio attainment. (Authority: 38 U.S.C. 3501(a)(5)) (j) Professional or vocational objecti A professional or vocational object is one that leads to an occupation. may include educational objectives sential to prepare for the chosen oc pation. When a program consists o series of courses not leading to an e cational objective, such courses m be directed toward attainment of a d ignated professional or vocational jective. (Authority: 38 U.S.C. 3501(a)(5)) (k) School, educational institution. stitution. The terms school, education institution and institution mean: (1) A vocational school or busine school; (2) A junior college, teachers' colle college, normal school, profession school, university, or scientific or tec nical institution; (3) A public or private seconda school; (4) A training establishment as fined in §21.4200(c); or (5) An institution that provides s cialized vocational training, general |