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check for educational assistance for the certified period is immaterial.

Subtracting the amount deter| in paragraph (c)(3)(i) of this secrom the amount of the original exclusive of interest, administraosts of collection, court costs and ial fees),

Dividing the result obtained in Taph (c)(3)(ii) of this section by mount of the original debt (excluof interest, administrative costs of tion, court costs and marshal and

Multiplying the percentage obd in paragraph (C)(3)(iii) of this on by the amount of the entitlewhich represents the whole over

period.

(Authority: 38 U.S.C. 3013; Pub. L. 98-525)

(e) No entitlement charge for some individuals. When the criteria described in this paragraph are met, VA will make no charges against entitlement as described in paragraph (b) of this section.

(1) VA will make no charge against an individual's entitlement when the individual

(i) Either

(A) While not serving on active duty, had to discontinue pursuit of a course or courses as a result of being ordered, in connection with the Persian Gulf War, to serve on active duty under section 672 (a), (d), or (g), 673, 673b, or 688 of title 10, U.S. Code; or

(B) While serving on active duty, had to discontinue pursuit of a course or courses as a result of being ordered, in connection with the Persian Gulf War, to a new duty location or assignment or to perform an increased amount of work.

(ii) Failed to receive credit or lost training time toward completion of the individual's approved educational, professional or vocational objective as a result of having to discontinue his or her course pursuit.

(2) The period for which receipt of educational assistance allowance is not charged against the entitlement of an individual described in paragraph (e)(1) of this section shall not exceed the portion of the period of enrollment in the course or courses for which the individual failed to receive credit or with respect to which the individual lost training time.

ority: 38 U.S.C. 3013; Pub. L. 98-525) Interruption to conserve entitlement. teran may not interrupt a certified od of enrollment for the purpose of serving entitlement. An eduional institution may not certify a iod of enrollment for a fractional

of the normal term, quarter or seiter, if the veteran vicemember is enrolled for the enterm, quarter or semester. VA will e a charge against entitlement for entire period of certified enrollit, if the veteran or servicemember therwise eligible for educational asince, except when educational asince is interrupted under any of the wing conditions: Enrollment is terminated;

The veteran or servicemember els his or her enrollment, and does negotiate an educational assistcheck for any part of the certified od of enrollment; | The veteran or servicemember rrupts his or her enrollment at the of any term, quarter or semester in the certified period of enrollit, and does not negotiate a check educational assistance for the sucling term, quarter or semester; \ The veteran or servicemember reits interruption or cancellation for break when a school was closed ng a certified period of enrollment, VA continued payments under an blished policy based upon an ExecOrder of the President or rgency situation. Whether the veti or servicemember negotiated a

or

(Authority: 38 U.S.C. 3013(f); Pub. L. 102127)(Oct. 10, 1991)) (53 FR 1757, Jan. 22, 1988, as amended at 55 FR 28385, July 11, 1990; 56 FR 20134, May 2, 1991; 56 FR 26035, June 6, 1991; 56 FR 31332, July 10, 1991; 57 FR 15024, Apr. 24, 1992; 58 FR 26241, May 3, 1993]

COUNSELING

an

$21.7100 Counseling.

A veteran or servicemember may receive counseling from VA before beginning training and during training.

(a) Purpose. The purpose of counseling is

(1) To assist in selecting an objective;

(2) To develop a suitable program of education;

(3) To select an educational institution appropriate for the attainment of the educational objective;

(4) To resolve any personal problems which are likely to interfere with the successful pursuit of a program; and

(5) To select an employment objective for the veteran that would be likely to provide the veteran with satisfactory employment opportunities in light of his or her personal circumstances.

(Authority: 38 U.S.C. 3034, 3463; Pub. L. 98525)

(b) Required counseling. (1) In any case in which VA has rated the veteran as being incompetent, the veteran must be counseled before selecting a program of education or training. The requirement that counseling be provided is met when

(i) The veteran has had one or more personal interviews with the counselor;

(ii) The counselor has jointly developed with the veteran recommendations for selecting a program; and

(iii) These recommendations have been reviewed with the veteran.

(2) The veteran may follow the recommendations developed in the course of counseling, but is not required to do so.

(3) VA will take no further action on a veteran's application for assistance under 38 U.S.C. chapter 30 when he or she

(i) Fails to report;

(ii) Fails to cooperate in the counseling process; or

(iii) Does not complete counseling to the extent required under paragraph (b)(1) of this section.

(4) Counseling is not required for any other individual eligible for educational assistance established under 38 U.S.C. chapter 30.

(Authority: 38 U.S.C. 3032, 3463; Pub. L. 98 525, Pub. L. 99-576)

(c) Availability of counseling. Counseling is available for

(1) Identifying and removing reasons for academic difficulties which may re

sult in interruption or discontin of training, or

(2) In considering changes in plans and making sound der about the changes.

(Authority: 38 U.S.C. 3034, 3463; Pub. 525)

(d) Provision of counseling. VA provide counseling as needed fi purposes identified in paragrap and (c) of this section upon requ the individual. In addition, VA provide counseling as needed fo purposes identified in paragraph this section following the veteran quest for counseling, the veteran tial application for benefits on communication from the veter guardian indicating that the ve wishes to change his or her prop VA shall take appropriate step cluding individual notification 1 feasible) to acquaint all partici with the availability and advantas counseling services.

(Authority: 38 U.S.C. 3034, 3463; Pub. 1 525, Pub. L. 99-576) (53 FR 1757, Jan. 22, 1988, as amended i FR 28385, July 11, 1990)

821.7103 Travel expenses.

(a) Travel for veterans servicemembers. (1) Except as pro' in paragraph (a)(2) of this section shall determine and pay the necel cost of travel to and from the pla counseling for individuals who ar quired to receive counseling if

(1) VA determines that the indiv is unable to defray the cost based his or her annual declaration and tification; or

(ii) The individual has a compen! service-connected disability.

(2) VA shall not pay for the trave penses for a veteran who is not res in a State.

(Authority: 38 U.S.C. 111)

(b) Travel for attendants. (1) VA authorize payment of travel exp for an attendant while the individi traveling when

(i) The individual, because of a s disability requires the services attendant when traveling, and

[blocks in formation]

onty: 38 U.S.C. 111)

Payment of travel expenses prohibfor most veterans. VA shall not pay ay costs of travel to and from the

of counseling for anyone who rets counseling under 38 U.S.C. Chap30. nority: 38 U.S.C. 111)

OSS REFERENCE: 21.374, Authorization for el of attendants. R 28385, July 11, 1990)

PROGRAMS OF EDUCATION 7110 Selection of a program of education.

General requirement. In order to ree educational assistance an indial must either be pursuing an apred program of education or be purg refresher or deficiency courses, ther preparatory or special edu

or training courses necessary to le the individual to pursue an aped program of education.

or

kority: 38 U.S.C. 3014, 3023; 3034; Pub. L. 5. Pub. L. 100-689 (Aug. 15, 1989) Approval of a program of education. will approve a program of eduon under 38 U.S.C. chapter 30 sed by an eligible veteran cemember if

It meets the definition of a pron of education found 7020(DX(23) of this part, It has an objective as described in 020(b) (13) or (22) of this part, The courses and subjects in the ram are approved for VA training,

in

courses.

(a) Concurrent enrollment. (1) When a veteran or servicemember cannot successfully schedule his or her complete program at one educational institution, VA may approve a program of concurrent enrollment. When requesting such a program, the veteran or servicemember must show that his or her complete program of education is not available at the educational institution in which he or she will pursue the major portion of his or her program (the primary educational institution), or that it cannot be scheduled successfully within the period in which he or she plans to complete his or her program. When the standards for measurement of the courses pursued concurrently in the two educational institutions are different, the concurrent enrollment shall be measured by converting the measurement of courses being pursued at the second educational institution under the standard applicable to such institution to its equivalent measurement under the standard required for full-time courses applicable to the primary educational institution. For a complete discussion of measurement of concurrent enrollments see $ 21.7172 of this part.

(Authority: 38 U.S.C. 3034, 3688; Pub. L. 99 576)

(2) The veteran or servicemember must submit the monthly certification of attendance and pursuit. Each educational institution where concurrent enrollment is approved must either endorse that certification, or submit a separate certification showing the veteran's or servicemember's enrollment and pursuit.

(Authority: 38 U.S.C. 3034(b); Pub. L. 98-525)

(b) Courses offered under contract. In administering benefits payable under

38 U.S.C. chapter 30, the VA will apply the provisions of $21.4233(e) of this part in the same manner as they are applied under 38 U.S.C. chapter 34.

(Authority: 38 U.S.C. 3034(a); Pub. L. 98-525)

(c) Television. In determining whether a veteran or servicemember may pursue all or part of a program of education under 38 U.S.C. chapter 30 by television, VA will apply the provisions of $21.4233(c).

(Authority: 38 U.S.C. 3034(a)) [53 FR 1757, Jan. 22, 1988, as amended at 55 FR 28386, July 11, 1990; 62 FR 40280, July 28, 1997]

821.7114 Change of program.

In determining whether a veteran or servicemember may change his or her program of education under 38 U.S.C. ch. 30, VA will apply the provisions of $21.4234 of this part. VA will not consider programs of education a veteran or servicemember may have pursued under 38 U.S.C. ch. 34 or 36 before January 1, 1990, if he or she wishes to change programs of education under 38 U.S.C. ch. 30.

(i) Which is avocational o reational in character, or

(ii) The advertising for whic tains significant avocational reational themes.

(2) VA presumes that the fol courses are avocational or recre in character unless the vete servicemember justifies their

1 to VA as provided in paragraph ( this section. The courses are:

(i) Any photography course or tainment course, or

(ii) Any music course, instrun or vocal, public speaking cour courses in dancing, sports or ath such as horseback riding, swim fishing, skiing, golf, baseball, 1 bowling, sports officiating, or sport or athletic courses, courses of applied music, physica cation, or public speaking which i fered by institutions of higher les for credit as an integral part of gram leading to an educational tive, or

(iii) Any other type of course VA determines to be avocation recreational.

(3) To overcome the presum that a course is avocational or reational in character, the veter servicemember must establish th: course will be of bona fide use 1 pursuit of his or her present or templated business or occupation.

(Authority: 38 U.S.C. 3034, 3691; Pub. L. 98525, Pub. L. 101-366) (June 1, 1991) (57 FR 29027, June 30, 1992)

COURSES

$ 21.7120 Courses included in pro

grams of education. (a) General. Generally, VA will approve, and will authorize payment of educational assistance, for the individual's enrollment in any course or subject which a State approving agency has approved as provided in $21.7220 of this part and which forms a part of a program of education as defined in $21.7020(b)(23) of this part. Restrictions

this general rule are stated in $21.7222(b) of this part, however.

(Authority; 38 U.S.C. 3034, 3473; Pub. 525)

(c) Flight training. (1) VA maj educational assistance for an e ment in a flight training course

(i) When an institution of h learning offers the course for cred ward the standard college degre veteran or servicemember is pun or

(ii) When

(A) A flight school is offerin course,

(B) The State approving agenc, the Federal Aviation Administi have approved the course,

(C) The course of flight traini generally accepted as necessary tain a recognized vocational obje in the field of aviation which the eran or servicemember is pursuing

on

(Authority: 38 U.S.C. 3002(3), 3452; Pub. L. 98– 525)

(b) Avocational and recreational courses are restricted.

(1) VA will not pay educational assistance for an enrollment in any course

(3) Whether or not the veteran or servicemember is enrolled will be determined by the regularly prescribed standards and practices of the educational institution offering the course or unit subject.

(Authority: 38 U.S.C. 3014, 3034, 3076, 3680A(a); sec. 313(b), Pub. L. 102-568, 106 Stat. 4333) (53 FR 1757, Jan. 22, 1988, as amended at 53 FR 3207, Feb. 4, 1988; 57 FR 15024, Apr. 24, 1992; 61 FR 6788, Feb. 22, 1996; 61 FR 29297, June 10, 1996]

$21.7122 Courses precluded.

(a) Unapproved courses. VA will not pay educational assistance for an enrollment in any course which has not been approved by a State approving agency or by the VA when that agency acts as a State approving agency. VA will not pay educational assistance for a new enrollment in a course when a State approving agency has suspended the approval of the course for new enrollments, nor for any period within any enrollment after the date the State approving agency disapproves a course. See $21.7220 of this part.

in any

or

(Authority: 38 U.S.C. 3034, 3672; Pub. L. 98– 525)

(b) Courses outside a program of education. VA will not pay educational assistance for an enrollment course which is not part of a veteran's or servicemember's program of education unless the veteran servicemember is enrolled in refresher courses (including courses which will permit the veteran or servicemember to update knowledge and skills or be instructed in the technological advances which have occurred in the veteran's or servicemember's field of employment), deficiency courses, or other preparatory or special education or training courses necessary to enable the veteran or servicemember to pursue an approved program of education.

The training for which payment de occurred after September 29,

VA will not pay educational asice for an enrollment in a flight ng course which the veteran or emember is pursuing as ancillary ing for a vocation other than avia

prity: 38 U.S.C. 3034(1)) Independent study. (1) Except as led in paragraph (d)(2) of this seceffective October 29, 1992, VA may ducational assistance to a veteran rvicemember who is enrolled in a ccredited course or unit bject d entirely or partly by indeint study only ifSuccessful completion of the nondited course or unit subject is red in order for the veteran or cemember to complete his or her ram of education,

On October 29, 1992, the veteran ervicemember was receiving eduonal assistance for pursuit of the ram of education of which the nondited independent study course or subject forms a part, and The veteran or servicemember remained continuously enrolled in rogram of education of which the rcredited independent study le or unit subject forms a part October 29, 1992, to the date of enjent

by the veteran or cemember in the nonaccredited endent study course or unit sub

Notwithstanding the provisions of graph (d)(1) of this section, VA pay educational assistance to a an or servicemember for enrollin a course or unit subject offered ndependent study which, though of an approved program of edubn, is not required in order for the ran or servicemember to complete program of education (i.e., an elecwhenThe veteran or servicemember was led in and receiving educational tance for the course or unit subin October 29, 1992, and The veteran or servicemember re8 continuously enrolled in the se or unit subject.

(Authority: 38 U.S.C. 3002(3), 3034, 3452(b); Pub. L. 98-525) (Aug. 15, 1989)

(c) Erroneous, deceptive, misleading practices. VA will not pay educational assistance for an enrollment in any course offered by an educational institution which uses advertising, sales or

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