recognized as on the secondary school level or above, for people with mental or physical disabilities. (Authority: 38 U.S.C. 3501(a)(6), 3535) (1) Disabling effects of chronic alcoholism. (1) The term disabling effects of chronic alcoholism means alcohol-in duced physical or mental disorders or both, such as habitual intoxication, withdrawal, delirium, amnesia, dementia, and other like manifestations of chronic alcoholism which in the particular case: (i) Have been medically diagnosed as manifestations of alcohol dependency or chronic alcohol abuse; and 4 (ii) Are determined to have prevented commencement or completion of the affected individual's chosen program of education. (2) A diagnosis of alcoholism, chronic alcoholism, alcohol-dependency, chronic alcohol abuse, etc., in and of itself, does not satisfy the definition of this term. (3) Injury sustained by an eligible spouse or surviving spouse as a proximate and immediate result of activity undertaken by the eligible spouse or surviving spouse while physically or mentally unqualified to do so due to alcoholic intoxication is not considered a disabling effect of chronic alcoholism. Authority: 38 U.S.C. 105, 3512(b)) (m) Additional definitions. The definitions of all terms that are defined in $21.1029 and 21.4200 but that are not defined in this section apply to subpart C of this part. Authority: 38 U.S.C. 501, 3501) CROSS REFERENCES: Duty periods. See §3.6 of this chapter. Persons included. See §3.7 of this chapter. Philippine and insular forces. See §3.40 of this chapter. 36 FR 2508, Feb. 5, 1971, as amended at 38 FR 12110, May 9, 1973; 43 FR 35290, Aug. 9, 1978; 61 FR 26108, May 24, 1996; 61 FR 29295, June 10, 1996: 62 FR 51784. Oct. 3, 1997; 64 FR 23771, May 4, 1999] $21.3022 Nonduplication-programs administered by VA. A person who is eligible for educational assistance under 38 U.S.C. chapter 35 and is also eligible for assistance under any of the provisions of law listed in this paragraph cannot receive such assistance concurrently. The eligible person must elect which benefit he or she will receive for the particular period or periods during which education or training is to be pursued. The election is subject to the conditions specified in § 21.4022 of this part. The provisions of law are: (a) 38 U.S.C. chapter 30, (g) Section 903 of the Department of Defense Authorization Act, 1981, (h) The Hostage Relief Act of 1980, and (i) The Omnibus Diplomatic Security and Antiterrorism Act of 1986. (Authority: 38 U.S.C. 3681) [54 FR 33886, Aug. 17, 1989, as amended at 57 FR 29798, July 7, 1992; 61 FR 20728, May 8, 1996] § 21.3023 Nonduplication; pension, compensation, and dependency and indemnity compensation. (a) Child; age 18. A child who is eligible for educational assistance and who is also eligible for pension, compensation or dependency and indemnity compensation based on school attendance must elect whether he or she will receive educational assistance or pension, compensation or dependency and indemnity compensation. (1) An election of educational assistance either before or after the age of 18 years is a bar to subsequent payment or increased rates or additional amounts of pension, compensation or dependency and indemnity compensation on account of the child based on school attendance on or after the age of 18 years. The bar is equally applicable where the child has eligibility from more than one parent. (2) Payment of pension, compensation or dependency and indemnity compensation to or on account of a child after his or her 18th birthday does not bar subsequent payments of educational assistance. (3) An election of educational assistance will not preclude the allowance of pension, compensation, or dependency and indemnity compensation based on school attendance for periods, including vacation periods, prior to the commencement of educational assistance. (b) Child; under 18 or helpless. Educational assistance allowance or special restorative training allowance may generally be paid concurrently with pension, compensation or dependency and indemnity compensation for a child under the age of 18 years or for a helpless child based on the service of one or more parents. Where, however, entitlement is based on the death of more than one parent in the same parental line, concurrent payments in two or more cases may not be authorized if the death of one such parent occurred on or after June 9, 1960. In the latter cases, an election of educational assistance and pension, compensation or dependency and indemnity compensation in one case does not preclude a reelection of benefits before attaining age 18 or while helpless based on the service of another parent in the same parental line. (c) Child; election. An election by a child under this section must be submitted to VA in writing. (1) Except as provided in paragraph (c)(2) of this section, an election to receive Survivors' and Dependents' Educational Assistance (DEA) is final when the eligible child commences a program of education under DEA (38 U.S.C. chapter 35). Commencement of a program of education under DEA will be deemed to have occurred for VA purposes on the date the first payment of DEA educational assistance is made, as evidenced by negotiation of the first check or receipt of the first payment by electronic funds transfer. (2) An election based on erroneous information furnished by an authorized representative of the Department of Veterans Affairs is not considered final. (3) A child other than a helpless child, whose eligibility was based on a finding that the veteran had a permanent total service-connected disability and who commenced a program of education under DEA may not thereafter qualify as a dependent for disability compensation purposes if the veteran is later found to be less than permanently and totally disabled, or for pension, compensation or dependency and indemnity compensation after the veteran's death. (d) Spouse or surviving spouse. Educational assistance allowance may be paid for an eligible spouse or surviving spouse concurrently with pension, compensation or dependency and indemnity compensation. (Authority: 38 U.S.C. 3562) (The information collection requirements in this section have been approved by the Officers of Management and Budget under control number 2900-0595) CROSS REFERENCES: Discontinuance. See §3.503(h) of this chapter. Concurrent payments. See $3.707 of this chapter. Certification. See §3.807 of this chapter. [30 FR 15631, Dec. 18, 1965, as amended at 31 FR 6773, May 6, 1966; 34 FR 842, Jan. 18, 1969; 40 FR 42879, Sept. 17, 1975; 50 FR 27826, July 8, 1985; 63 FR 45718, Aug. 27, 1998] § 21.3024 Nonduplication; Federal Employees' Compensation Act. (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 Actav (FECA) based on the disability or death as a result of civilian employment of the veteran from whom eligibility for cis 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-sur- ` viving 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 Depart=ment 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] $21.3025 Nonduplication; Federal programs. Payment of subsistence allowance and special training allowance is prohibited to an otherwise eligible per son (a) Who is on active duty and is pursuing a course of education which is being paid for by the Armed Forces (or by the Department of Health and Human Services in the case of the Public Health Service); or § 21.3040 Eligibility; child. (a) Commencement. A program of education or special restorative training may not be afforded prior to the eligible person's 18th birthday or the completion of secondary schooling, whichever is earlier, unless it is determined through counseling that the best interests of the eligible person will be served by entering training at an earlier date and the eligible person has passed: (1) Compulsory school attendance age under State law; or (2) His or her 14th birthday and due to physical or mental handicap may benefit by special restorative or specialized vocational training. (b) Secondary schooling. Completion of secondary schooling means completion of a curriculum offered by a public or private school which satisfies the requirements for a high school diploma or its equivalent-usually completion of the 12th grade in the public school system. (c) Age limitation for commencement. No person is eligible for educational assistance who reached his or her 26th birthday on or before the effective date of a finding of permanent total serviceconnected disability, or on or before the date the veteran's death occurred, or on or before the 91st day of listing by the Secretary concerned of the member of the Armed Forces on whose 197-135 D-8 service eligibility is claimed as being in one of the missing status categories of § 21.3021 (a)(1)(iv) and (3)(ii). (d) Termination of eligibility. No person is eligible for educational assistance beyond his or her 31st birthday, except as provided under §21.3041(e)(2). In no event may educational assistance be provided after the period of entitlement has been exhausted. In an exceptional case special restorative training may be provided in excess of 45 months. See § 21.3300. (Authority: 38 U.S.C. 3512(a)) [30 FR 15632, Dec. 18, 1965, as amended at 34 FR 842, Jan. 18, 1969; 39 FR 38227, Oct. 30, 1974; 40 FR 42879, Sept. 17, 1975; 41 FR 47929, Nov. 1, 1976; 43 FR 35290, Aug. 9, 1978] § 21.3041 Periods of eligibility; child. (a) Basic beginning date. The basic beginning date of an eligible child's period of eligibility is his or her 18th birthday or successful completion of secondary schooling, whichever occurs first. See paragraph (b) of this section and § 21.3040 (a) and (b). (Authority: 38 U.S.C. 3512(a)) (b) Exceptions to basic beginning date. (1) An eligible child may have a beginning date earlier than the basic beginning date when he or she has: (i) Completed compulsory school attendance under applicable State law, or (ii) Passed his or her 14th birthday and has a physical or mental handicap. See § 21.3040(a). (2) The eligible child may have a beginning date later than the basic beginning date when any of the following circumstances exist. (i) If the effective date of the permanent and total disability rating is before the child has reached 18 but the date of notification to the veteran from whom the child derives eligibility occurs after the child has reached 18, the beginning date of eligibility shall be the basic beginning date as determined in paragraph (a) of this section, or the date of notification to the veteran, whichever is more advantageous to the eligible child. (ii) If the effective date of the permanent and total disability rating occurs after the child has reached 18 but before he or she has reached 26, the begin ning date of eligibility will be the effective date of the rating or the date of notification to the veteran from whom the child derives eligibility, whichever is more advantageous to the eligible child. (Authority: 38 U.S.C. 3512(a)(3), 3512(d)) (iii) If the child becomes eligible through the death of a veteran, the date of death will be the beginning date of eligibility if it occurs after the child's 18th birthday and before his or her 26th birthday. (iv) The child may become eligible through qualifying as the veteran's adopted child (see §3.57(c)) or by becoming a stepchild of the veteran and a member of the veteran's household. If either of these events occurs after the child's 18th birthday and before his or her 26th birthday, the effective date of eligibility will be whichever of the following is appropriate: (A) The date the child qualifies as an adopted child under §3.57(c), or (B) The date the child becomes the veteran's stepchild and a member of his or her household. (Authority: 38 U.S.C. 3501) (c) Basic ending date. The eligible person's 26th birthday. (d) Modified ending date. When one of the following occurs between ages 18 and 26, the ending date will be the eligible person's 26th birthday or 8 years from the date of happening specified in paragraphs (d) (1) to (7) of this section and 10 years in paragraph (d)(8); whichever is later. When paragraph (d)(9) is applicable, the ending date will be as stated in paragraph (d)(9). Where the ending date is subject to modification under more than one of paragraph (d) (3), (4), (5), (6) or (7) of this section, the more favorable date will apply. In no case will the modified ending date extend beyond the eligible person's 31st birthday. (Authority: 38 U.S.C. 3512). (1) Effective date of permanent total rating of veteran-parent or the date of er 2 ualfe beco member he el e. Whet tween will be day ing of the hd agraph date (9) notification to him or her of such rating, whichever is the more advantageous to the eligible person. (Authority: 38 U.S.C. 3512) (2) Death of veteran-parent. (3) Date of first unconditional discharge or release from "duty with the Armed Forces" served as an eligible person if he or she served after age 18 and before age 26. See § 21.3042. (4) Enactment of Pub. L. 88-361 on July 7, 1964, providing eligibility based on permanent total disability; that is, July 6, 1969. (5) Enactment of Pub. L. 89-349 on November 8, 1965, providing eligibility based on peacetime service after the Spanish-American War and prior to September 16, 1940; or during World War I or World War II solely by reason of the provisions of 38 U.S.C. 1101; that is. November 7, 1970. (6) Enactment of Pub. L. 89-613 on September 30, 1966, providing eligibility based on service with the Philippine Commonwealth Army or as a Philippine Scout as defined in §3.40 (b), (c), or (d) of this chapter; that is, September 29, 1971. See §3.807 of this chap ter. (7) Effective date of Pub. L. 90-77, section 307, October 1, 1967, providing eligibility for persons solely by virtue of that section who were over age 23 and below age 26 on that date; that is September 30, 1972. (8) Enactment of Pub. L. 92-540 (86 Stat. 1074) on October 24, 1972, providing for a course of apprentice or other on-the-job training approved under the provisions of §21.4261 or 21.4262; that is, October 24, 1982 or until age 31, whichever is earlier. (9) The child may lose eligibility through ceasing to be the veteran's to mod stepchild either because the veteran of para and the child's natural or adoptive parthis sectent divorce or because the veteran and ill appr the child's natural or adoptive parent ending separate and the child is no longer a le perso member of the veteran's household. If this occurs, the ending date of the child's period of eligibility will be determined as follows: (i) If the child ceases to be the veteran's stepchild while the child is not in training, the ending date of the child's eligibility shall be the date on which the child ceases to be the veteran's stepchild. (ii) If the child ceases to be the veteran's stepchild while the child is in training in a school organized on a term, semester or quarter basis, the ending date of the child's eligibility will be the last date of the term, semester or quarter during which the child ceases to be the veteran's stepchild. (iii) If the child ceases to be the veteran's stepchild while the child is in training in a school not organized on a term, semester or quarter basis, the ending date of the child's period of eligibility will be the end of the course or 12 weeks from the date on which the child ceases to be the veteran's stepchild, whichever is earlier. § 21.3135(g). (Authority: 38 U.S.C. 101(4)(a), 3501). See (e) Extensions to ending dates. (1) Suspension of program due to conditions determined by the Department of Veterans Affairs to have been beyond the person's control (see §21.3043): extended for length of period of suspension, but not beyond age 31. See § 21.3040(d). (2) Period of eligibility as specified in paragraph (c) or (d) of this section ends while enrolled in an educational institution regularly operated on the quarter or semester system and such period ends during a quarter or semester, such period shall be extended to the end of the quarter or semester, or for courses at educational institutions operated on other than a quarter or semester system, if the period ends after a major portion of the course is completed, such period shall be extended to the end of the course, or until 12 weeks have expired, whichever first occurs. Extension may be authorized beyond age 31, but may not exceed maximum entitlement. See §21.3044(a). No extension of the period of eligibility will be made where training is pursued in a training establishment as defined in § 21.4200(c). (Authority: 38 U.S.C. 3512(a)(5)) (3) Child is enrolled and eligibility ceases because veteran is no longer rated permanently and totally disabled: extended to date specified in paragraph (e)(2) of this section without |