The Code of Federal Regulations of the United States of America

enrollment practices which are erroneous, deceptive or misleading by actual statement, omission or intimation. VA will apply the provisions of § 21.4252(h) of this part in making these decisions with regard to enrollments under 38 U.S.C. chapter 30 as it does in making similar decisions with regard to enrollments under 38 U.S.C. chapter 34.

(Authority: 38 U.S.C. 3034, 3696; Pub. L. 98525)

(d) Restrictions on enrollment: percentage of students receiving financial support. Except as otherwise provided VA shall not approve an enrollment in any course for a veteran or servicemember, not already enrolled for any period during which more than 85 percent of the students enrolled in the course are having all or part of their tuition, fees or other charges paid for them by the educational institution or by VA pursuant to title 38, United States Code. This restriction may be waived in whole or in part. In determining which courses to apply this restriction to and whether to waive this restriction, VA will apply the provisions of § 21.4201 of this part to enrollments under 38 U.S.C. chapter 30 in the same manner as it does to enrollments under 38 U.S.C. chapter 34.

(Authority: 38 U.S.C. 3034, 3473(d); Pub. L. 98525)

(e) Other courses. VA shall not pay educational assistance for

(1) An enrollment in an audited course (see § 21.4252(i));

(2) An enrollment in a course for which the veteran or servicemember received a nonpunitive grade in the absence of mitigating circumstances (see § 21.4252(j));

(3) New enrollments in a course where approval has been suspended by a State approving agency;

(4) An enrollment in certain courses being pursued by nonmatriculated students as provided in §21.4252(1);

(5) Except as provided in § 21.4252(j), an enrollment in a course from which the veteran or servicemember withdrew without cumstances;

mitigating

cir

(6) An enrollment in a course offered by a proprietary school when the veteran or servicemember is an official of

the school authorized to sign certi cates of enrollment or monthly certi cates of attendance or monthly certi cations of pursuit, an owner of t school, or an operator of the school;

(7) Except as provided in §21.7120( an enrollment in a nonaccredited ind pendent study course; or

(8) An enrollment in a course offer under contract for which VA approv is prohibited by § 21.4252(m).

(Authority: 38 U.S.C. 3002(3), 3034, 3672( 3676, 3680(a), 3680A(a), 3680A(f), 3680A(g)) [53 FR 1757, Jan. 22, 1988, as amended at FR 28386, July 11, 1990; 56 FR 20135, May 1991; 61 FR 6788, Feb. 22, 1996; 65 FR 8174 Dec. 27, 2000]

§ 21.7124 Overcharges.

VA may disapprove an education institution for further enrollment when the educational institutic charges or receives from a veteran servicemember tuition and fees tha exceed the established charges whic the educational institution require from similarly circumstanced no veterans enrolled in the same course. (Authority: 38 U.S.C. 3034, 3690; Pub. L. 98

525)

PAYMENTS EDUCATIONAL ASSISTANCE $21.7130 Educational assistance.

VA will pay educational assistance t an eligible veteran or servicemembe while he or she is pursuing approve courses in a program of education a the rates specified in §§ 21.7136, 21.713 and 21.7139 of this part.

(Authority: 38 U.S.C. 3015, 3022, 3032; Pub. L

98-525)

$21.7131 Commencing dates.

VA will determine the commencing date of an award or increased award o educational assistance under this sec tion. When more than one paragraph i this section applies, VA will award edu cational assistance using the latest o the applicable commencing dates.

(a) Entrance or reentrance including change of program or educational institu tion. When an eligible veteran o servicemember enters or reenters int training (including a reentrance fol lowing a change of program or edu cational institution), the commencing

e of his or her award of educational istance will be determined as fol

If the award is the first award of cational assistance for the program education the veteran vicemember is pursuing, the comacing date of the award of eduional assistance is the latest of:

The date the educational institua certifies under paragraph (b) or (c) his section;

One year before the date of claim letermined by § 21.1029(b);

ii) The effective date of the apval of the course, or one year before date VA receives the approval noe whichever is later; or

If the award is the second or subment award of educational assiste for the program of education the eran or servicemember is pursuing, a effective date of the award of edutional assistance is the later of(1) The date the educational instituon certifies under paragraph (b) or (c) this section; or

ii) The effective date of the approval the course, or one year before the be VA receives the approval notice, ichever is later.

thority: 38 U.S.C. 3014, 3023, 3034, 3672, 8.5110(b), 5113)

b) Certification by school-the course subject leads to a standard college dee. (1) When the student enrolls in a urse offered by independent study, 1 commencing date of the award or reased award of educational assistce will be the date the student began rsuit of the course according to the ularly established practices of the cational institution.

1) Except as provided in paragraphs (3), (b)(4) and (b)(5) of this section en a student enrolls in a resident arse or subject, the commencing date the award or increased award of edutional assistance will be the first heduled date of classes for the term, arter or semester in which the stuit is enrolled.

3) When the student enrolls in a resiit course or subject whose first leduled class begins after the callar week when, according to the 100l's academic calendar, classes are eduled to commence for the term,

quarter, or semester, the commencing date of the award or increased award of educational assistance allowance will be the actual date of the first class scheduled for that particular course or subject.

(4) When a student enrolls in a resident course or subject, the commencing date of the award will be the date of reporting provided that

(i) The published standards of the school require the student to register before reporting, and

(ii) The published standards of the school require the student to report no more than 14 days before the first scheduled date of classes for the term, quarter or semester for which the student has registered.

(5) When the student enrolls in a resident course or subject and the first day of classes is more than 14 days after the date of registration, the commencing date of the award or the increased award of educational assistance will be the first day of classes.

(Authority: 38 U.S.C. 3014, 3023; Pub. L. 98525)

(c) Certification by educational institution or training establishment-course does not lead to a standard college degree. (1) When a veteran or servicemember enrolls in a course which does not lead to a standard college degree and which is offered in residence, the commencing date of the award of educational assistance will be as stated in paragraph (b) of this section.

(2) When a veteran or servicemember enrolls in a course which is offered by correspondence, the commencing date of the award of educational assistance shall be the later of

(i) The date the first lesson was sent,

(ii) The date of affirmance.

(3) When a veteran enrolls in a program of apprenticeship or other on-thejob training, the commencing date of the award of educational assistance shall be the first date of employment in the training position.

(Authority: 38 U.S.C. 3014, 3023; Pub. L. 98525, Pub. L. 99-576)

(d) Individual is eligible due to combining active duty as an enlisted member or warrant officer with active duty as a

commissioned officer. If a veteran served in the Armed Forces both as an enlisted member or warrant officer and as a commissioned officer, and that service was such that he or she is eligible only through application of

§ 21.7020(b)(6)(v), the commencing date of the award of educational assistance will be no earlier than November 30, 1999.

(Authority: Sec. 702(c), Pub. L. 106–117, 113 Stat. 1583).

(e) Increase for a dependent. A veteran who was eligible for educational assistance allowance under 38 U.S.C. chapter 34 on December 31, 1989, is entitled to additional educational assistance for dependents. No other veteran or servicemember is eligible for additional educational assistance. The effective date for the additional educational assistance is determined as follows.

(1) The veteran may acquire one or more dependents before he or she enters or reenters a program of education. When this occurs, the following rules apply.

(i) The effective date of the increase will be the date of entrance or reentrance if—

(A) VA receives the claim for the increase within 1 year of the date of entrance or reentrance, and

(B) VA receives necessary evidence within 1 year of its request, or the veteran shows that good cause exists for VA's not receiving the necessary evidence within 1 year of its request. See § 21.7032.

(ii) The effective date of the increase will be the date the VA receives notice of the dependent's existence if—

(A) VA receives the claim for the increase more than 1 year after the date of entrance or reentrance, and

(B) VA receives notice of the dependent's existence if evidence is received either within 1 year of VA request, or the veteran shows that there is good cause to extend the one-year time limit to the date on which VA received notice of the dependent's existence.

(iii) The effective date will be the date VA receives all necessary evidence, if that evidence is received more than 1 year from the date VA requests it, unless the veteran is able to show

that there is good cause to extend t one-year time limit to the date which VA received notice of the d pendent's existence. If the veter shows good cause, the provisions paragraph (e)(1)(ii)(B) of this secti will apply.

(2) If the veteran acquires a depen ent after he or she enters or reenters program of education, the increase w be effective on the latest of the f lowing dates:

(i) Date of the veteran's marriage, birth of his or her child, or his or he adoption of a child, if the evidence the event is received within 1 year ( the event.

(ii) Date notice is received of the de pendent's existence if evidence is re ceived either within 1 year of the V request, or the veteran shows the there is good cause to extend the on year time limit to the date on whic VA received notice of the dependent existence.

(iii) The date VA receives evidence this date is more than 1 year after th VA request, and the veteran is not abl to show that there is good cause to ex tend the one-year time limit to th date on which VA received notice o the dependent's existence.

r than the date the nature of the arge or release was changed.

rity: 38 U.S.C. 3031(b); Pub. L. 98-525) Individuals in a penal institution. If eran or servicemember is paid a ed rate of educational assistance $21.7139 (c), (d), (e), (f) and (g) of part, the rate will be increased or ance will commence effective the of the following dates:

The date the tuition and fees are nger being paid under another al program or a State or local

used to establish the effective date of an award of educational assistance when the veteran or servicemember has established eligibility under either § 21.7042 (a)(7) or (b)(10). The commencing date of an award of educational assistance for such a veteran or servicemember is the latest of the following:

(1) The commencing date as determined by paragraphs (a) through (c) and (f) through (j) of this section;

(2) The date of election provided that

(i) The servicemember initiated the $1,200 reduction in basic pay required by $21.7042(g)(4) and the full $1,200 was collected through that pay reduction;

(ii) Within one year of the date of election VA both collected from the veteran $1,200 or the difference between $1,200 and the amount collected through a reduction in the veteran's military pay, as provided in § 21.7042(g)(4), and received from the veteran any other evidence necessary to establish a valid election; or

(iii) VA received from the veteran $1,200 or the difference between $1,200 and the amount collected through a reduction in the veteran's military pay and any other evidence necessary to establish a valid election within one year of the date VA requested the money and/or the evidence.

(3) If applicable, the date VA collected the difference between $1,200 and the amount by which the servicemember's military pay was reduced, if the provisions of paragraph (1)(2)(ii) or (1)(2)(iii) of this section are not met; or

(4) If applicable, the date VA collected $1,200, if the provisions of paragraph (1)(2)(ii) or (1)(2)(iii) of this section are not met.

(Authority: 38 U.S.C. 5113; sec. 107, Pub. L. 104-275, 110 Stat. 3329-3330)

(m) Eligibility established under 21.7045(d). This paragraph must be used to establish the effective date of an award of educational assistance when the veteran or servicemember has established eligibility under §21.7045(d). The commencing date of an award of educational assistance for such a veteran or servicemember is the latest of the following:

(1) The commencing date as determined by paragraphs (a) through (c) and (f) through (j) of this section;

(2) The date of election provided that

(i) The servicemember initiated the $1,200 reduction in basic pay required by §21.7045(d)(3) and the full $1,200 was collected through that pay reduction;

§ 21.7045(d)(3), and received from the veteran any other evidence necessary to establish a valid election; or

(3) If applicable, the date VA collected the difference between $1,200 and the amount by which the servicemember's military pay was reduced, if the provisions of paragraph (m)(2)(ii) or (m)(2)(iii) of this section are not met; or

(4) If applicable, the date VA collected $1,200, if the provisions of paragraph (m)(2)(ii) or (m)(2)(iii) of this section are not met.

(Authority: 38 U.S.C. 3018C(a), (b), 5113)

(n) Eligibility established under $21.7045(c). The effective date of an award of educational assistance when the veteran has established eligibility under § 21.7045(c) is as follows:

(1) If the veteran is not entitled to receive educational assistance under 38 U.S.C. ch. 32 on the date he or she made a valid election to receive educational assistance under 38 U.S.C. ch. 30, the effective date of the award of educational assistance will be the latest of the following.

(i) The commencing date as determined by paragraphs (a) through (c) and (f) through (j) of this section; or

(ii) October 23, 1992, provided that VA received the $1,200 required to be collected pursuant to §21.7045(c)(2) and any other evidence necessary to estab

lish that the election is valid befo the later of:

(A) October 23, 1993; or

(B) One year from the date VA quested the $1,200 or the evidence n essary to establish a valid election;

(iii) The date VA received the $1,2 required to be collected pursuant $21.7045(c)(2) and all other eviden needed to establish that the election valid, if the provisions of paragra (n)(1)(ii) of this section are not met.

(2) If the veteran is entitled to r ceive educational assistance under U.S.C. ch. 32 on the date he or sh made a valid election to receive ed cational assistance under 38 U.S.C. c 30, the effective date of the award educational assistance will be the la est of the following:

(i) The commencing date as dete mined by paragraphs (a) through ( and (f) through (j) of this section; or

(ii) The date on which the vetera made a valid election to receive ed cational assistance under 38 U.S. chapter 30 provided that VA receive the $1,200 required to be collected pu suant to §21.7045(c)(2) and any othe evidence necessary to establish tha the election is valid before the later o (A) One year from the date VA re ceived the valid election; or

(B) One year from the date VA re quested the $1,200 or the evidence ne essary to establish a valid election; c

(iii) The date VA received the $1,20 required to be collected pursuant t §21.7045(c)(2) and all other evidenc needed to establish that the election i valid, if the provisions of paragrap (n)(2)(ii) of this section are not met.

(Authority: 38 U.S.C. 3018B)

(The Office of Management and Budget ha approved information collection requir ments in this section under control numbe 2900-0607.)

[53 FR 1757, Jan. 22, 1988, as amended at FR 28386, July 11, 1990; 56 FR 11672, Mar. 2 1991; 57 FR 40615, Sept. 4, 1992; 61 FR 678 Feb. 22, 1996; 62 FR 55519. Oct. 27, 1997: 63 F 34132, June 23, 1998; 64 FR 23773, May 4, 199 65 FR 5788, Feb. 7, 2000; 66 FR 38939, July 2 2001; 66 FR 39280, July 30, 2001; 66 FR 4258 Aug. 13, 2001]

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