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(b)(2) of this section, an educational in- enrollment period, whichever occurs stitution must report without delay to first. VA each time a veteran or servicemember:

(Authority: 38 U.S.C. 3034, 3684) (1) Interrupts or terminates his or her

(c) Nonpunitive grades. (1) An edutraining for any reason; or

cational institution may assign a non(ii) Changes his or her credit hours or

punitive grade for a course or subject clock hours of attendance.

in which the veteran or servicemember (2) An educational institution does

is enrolled even though the veteran or not need to report a change in a vet

eligible person does not withdraw from eran's or servicemember's hours of

the course or subject. When this occredit or attendance when:

curs, the educational institution must (1) The veteran or servicemember is

report the assignment of the nonpunienrolled full time in a program of edu

tive grade in a form prescribed by the cation for a standard term, quarter, or

Secretary in time for VA to receive it semester before the change;

before the earlier of the following dates (ii) The veteran or servicemember

is reached: continues to be enrolled full time after

(i) Thirty days from the date on the change; and

which the educational institution as(iii) The tuition and fees charged to

signs the grade, or the servicemember have not been ad

(ii) Sixty days from the last day of justed as a result of the change.

the enrollment period for which the (Authority: 38 U.S.C. 3034, 3684)

nonpunitive grade is assigned.

(2) If the veteran or servicemember is (3) If the change in status or change enrolled in a course which does not in number of credit hours or clock lead to a standard college degree and hours of attendance occurs on a day for which a monthly certification of atother than one indicated by paragraph tendance is required, the educational (b)(4) or (b)(5) of this section, the edu institution may use the monthly cercational institution will initiate a re- tification of attendance to report nonport of the change in time for VA to re- punitive grades provided VA will receive it within 30 days of the date on ceive the report within the time period which the change occurs.

stated in paragraph (c)(1) of this sec(4) If the educational institution has tion. certified the veteran's or servicemember's enrollment for more (Authority: 38 U.S.C. 3034, 3684) than one term, quarter or semester and

(d) Attendance records. Nothing in this the veteran or servicemember inter

section or in any section in 38 CFR rupts his or her training at the end of

part 21 shall be construed as requiring a term, quarter or semester within the

any institution of higher learning to certified enrollment period, the edu

maintain daily attendance records for cational institution shall report the

any course leading to a standard colchange in status to VA in time for VA

lege degree. to receive the report within 30 days of the last officially scheduled registra

(Authority: 38 U.S.C. 3034, 3685) tion date for the next term, quarter or

(The information collection requirements in

paragraphs (a) and (b) of this section have (Authority: 38 U.S.C. 3034, 3680(a), 3684)

been approved by the Office of Management

and Budget under control numbers 2900–0465 (5) If the change in status or change and 2900-0156, respectively.) in the number of hours of credit or at

(55 FR 28391, July 11, 1990, as amended at 57 tendance occurs during the 30 days of a FR 15026, Apr. 24, 1992; 63 FR 14038, Mar. 24, drop-add period, the educational insti- 1998] tution must report the change in status or change in the number of hours of $21.7158 False, late, or missing recredit or attendance to VA in time for ports. VA to receive the report within 30 days (a) Veteran. Payments may not be from the last date of the drop-add pe- based on false or misleading staterod or 60 days from the first day of the ments, claims or reports. VA will apply

semester.

the provisions of 88 21.4006 and 21.4007 of

COURSE ASSESSMENT this part to a veteran or servicemember or any other person

821.7170 Course measurement. who submits false or misleading In administering benefits payable claims, statements or reports in con- under 38 U.S.C. chapter 30, VA wil nection with benefits payable under 38 apply the following sections: U.S.C. chapter 30 in the same manner (a) $21.4270 (except paragraphs (a)(2 as they are applied to people who make and (a)(3) and those portions of jara similar false or misleading claims for graph (c) and footnotes dealing with benefits payable under 38 U.S.C. chap farm cooperative training)-Measure ter 34 or 36.

ment of courses;

(b) $21.4272—Collegiate course meas. (Authority: 38 U.S.C. 3034, 3680, 3690, 6103; urement; Pub. L. 98-525)

(c) $21.4273—Collegiate graduate;

(d) $21.4274-Law courses, and (b) Educational institution or training

(e) $21.4275—Practical training establishment. (1) VA may hold an edu

courses; measurement. cational institution or training establishment liable for overpayments (Authority: 38 U.S.C. 3034, 3688) which result from the educational in (62 FR 55761, Oct. 28, 1997) stitution's or training establishment's willful or negligent failure to report $21.7172 Measurement of concurrent excessive absences from a course or enrollments. discontinuance or interruption of a (a) Conversion of units of measurement course by a veteran or servicemember required. Where a veteran enrolls conor from willful or negligent false cer currently in courses offered by two tification by the educational institu schools and the standards for the meas tion or training establishment. See urement of the courses pursued concur$21.7144(b).

rently in the two schools are different, (2) If an educational institution or VA will measure the veteran's enrolltraining establishment willfully and ment by converting the units of measknowingly submits a false report or urement for courses in the second certification, VA may disapprove that school to their equivalent in units of institution's or establishment's courses measurement required for the courses for further enrollments and may dis- in the program of education which the continue educational assistance to vet veteran is pursuing at the primary inerans and servicemembers already en- stitution. This conversion will be acrolled. In doing so, VA will apply complished as follows: $$ 21.4210 through 21.4216.

(1) If VA measures the courses at the

primary institution on a credit-hour (Authority: 38 U.S.C. 3034, 3690)

basis (including a course which does (53 FR 1757, Jan. 22, 1988, as amended at 55

not lead to a standard college degree, FR 28391, July 11, 1990; 61 FR 26117, May 24,

which is being measured on a credit1996; 63 FR 35837, July 1, 1998]

hour basis), and VA measures the

courses at the second school on a $21.7159 Reporting fee.

clock-hour basis, the clock hours will In determining the amount of the re

be converted to credit hours.

(2) If VA measures the courses purporting fee payable to educational in

sued at the primary institution on a stitutions or joint apprenticeship training committees acting as training

clock-hour basis, and VA measures the establishments for furnishing required

courses pursued at the second school reports, VA will apply the provisions of

on a credit-hour basis, VA will convert $21.4206 of this part in the same man

the credit hours to clock hours to dener as they are in the administration

termine the veteran's training time. of 38 U.S.C. chapters 34 and 36.

(Authority: 38 U.S.C. 3034, 3688) (Authority: 38 U.S.C. 3034, 3684; Pub. L. 98–

(3) If VA measures the courses pur 525, Pub. L. 99–576)

sued at the primary institution on a [55 FR 28391, July 11, 1990)

clock-hour basis, and

(1) VA measures the courses pursued a credit hour basis or on a clock hour at the second school on a mixed basis, basis, VA will measure the veteran's the courses pursued at the second enrollment by adding together the school which VA can measure on cred- units of measurement for the courses it-hour basis for at least one program at the second school and the units of at the second school will be converted measurement for the courses at the to clock hours and the resulting clock primary institution. The standard for hours added to determine the veteran's full time will be the full-time standard training time; or

for the courses at the primary institu(ii) VA measures the courses pursued tion. at the second school on a credit-hour basis, VA will convert the credit hours (Authority: 38 U.S.C. 3034, 3688) to clock hours to determine the vet (55 FR 28392, July 11, 1990, as amended at 57 eran's training time.

FR 15026, Apr. 24, 1992; 61 FR 6790, Feb. 22,

1996; 62 FR 55761, Oct. 28, 1997] (Authority: 38 U.S.C. 3034, 3688)

STATE APPROVING AGENCIES (b) Conversion of clock hours to credit hours. If the provisions of paragraph (a) $21.7200 State approving agencies. of this section require VA to convert

State approving agencies have the clock hours to credit hours, it will do

same general responsibilities for ap80 by

proving courses for training under 38 (1) Dividing the number of credit

U.S.C. chapter 30 as they do for approvhours which VA considers to be full

ing courses for training under 38 U.S.C. time at the educational institution

chapter 34. Accordingly, in adminwhose courses are measured on a cred

istering 38 U.S.C. chapter 30, VA will it-hour basis by the number of clock

apply the provisions of the following hours which are full-time at the edu

sections in the same manner, as they cational institution whose courses are

are applied for the administration of 38 measured on a clock-hour basis; and

U.S.C. chapters 34 and 36. (2) Multiplying each clock hour of at

(a) Section 21.4150 (except paragraph tendance by the decimal determined in

(e))-Designation, paragraph (b)(1) of this section. VA will

(b) Section 21.4151–Cooperation, drop all fractional hours.

(c) Section 21.4152—Control by agenAuthority: 38 U.S.C. 3034, 3688)

cies of the United States,

(d) Section 21.4153—Reimbursement (c) Conversion of credit hours to clock of expenses; hours. If the provisions of paragraph (a) (e) Section 21.4154-Report of activiof this section require VA to convert ties; and credit hours to clock hours, it will do (f) Section 21.4155_Evaluation of so by

State approving agency performance. (1) Dividing the number of clock

(Authority: 38 U.S.C. 3034, 3670, 3671, 3672, hours which VA considers to be full

3673, 3674, 3674A; Pub. L. 98-525, Pub. L. 100time at the educational institution

323) whose courses are measured on a clock

(53 FR 1757, Jan. 22, 1988, as amended at 54 hour basis by the number of credit

FR 49760, Dec. 1, 1989) hours which are full-time at the educational institution whose courses are

APPROVAL OF COURSES measured on a credit-hour basis; and

(2) Multiplying each credit hour by $21.7220 Course approval. the number determined in paragraph

(a) Courses must be approved. (1) A (C)(1) of this section. VA will drop all

course of education, including the class fractional hours.

schedules of a resident course not lead

ing to a standard college degree, ofAuthority: 38 U.S.C. 3034, 3688)

fered by an educational institution (d) Both courses measured on a credit must be approved byhour basis or both courses measured on a (i) The State approving agency for clock hour basis. If VA measures the the State in which the educational incourses pursued at both institutions on stitution is located, or

(ii) The State approving agency which has appropriate approval authority, or

(iii) VA, where appropriate. In determining when it is appropriate for VA to approve a course, VA will apply the provisions of $21.4250(b)(3) and (c) of this part.

(2) A course approved under 38 U.S.C. chapter 36 is approved for the purposes of 38 U.S.C. chapter 30 unless it is one of the types of courses listed in $21.7222 of this part.

$21.7222 Courses and enroll

which may not be approved. The Secretary may not appro enrollment

by a veteran servicemember in, and a State a ing agency may not approve for ing under 38 U.S.C. chapter 30

(a) A bartending or personality opment course;

(b) A flight training course unle course meets the requiremen $21.4263

(Authority: 38 U.S.C. 3034(d))

(c) A course offered by radio;

(d) A course, or a combinati courses consisting of institutional cultural courses and concurrent cultural employment commonly a farm cooperative course; or

(e) Except as provided in $21.71 an independent study course whic

(1) Does not lead to a standar lege degree, or

(2) Is a nonaccredited course.

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

(b) Course approval criteria. In administering benefits payable under 38 U.S.C. chapter 30, VA and, where appropriate, the State approving agencies, shall apply the following sections.

(1) Section 21.4250 (except paragraphs (a) and (c)(1)-Approval of courses,

(2) Section 21.4251–Period of operation of course,

(3) Section 21.4253 (except that portion of paragraph (f)(3) which permits approval of a course leading to a high school diploma)

-Accredited courses, (4)

Section 21.4254—Nonaccredited courses,

(5) Section 21.4255—Refund policynonaccredited courses,

(6) Section 21.4258—Notice of approval,

(7) Section 21.4259—Suspension or disapproval,

(8) Section 21.4260Courses in foreign countries,

(9) Section 21.4265—Practical training approved as institutional training or on-job training,

(10) Section 21.4266—Courses offered at subsidiary branches or extensions,

(11) Section 21.4267–Approval of independent study.

(Authority: 38 U.S.C. 3676, 3680A) (53 FR 1757, Jan. 22, 1988, as amended FR 28392, July 11, 1990; 56 FR 20136. N 1991; 56 FR 26035, June 6, 1991; 57 FR Apr. 24, 1992; 61 FR 6791, Feb. 22, 1996)

$ 21.7280 Death benefit.

(a) Overview. VA will pay a benefit under 38 U.S.C. ch. 30 wh individual's death meets the crite this section; the individual is sur by someone described in this sex and the amount of educational a ance paid or payable to the indir is less than the amount reduced the individual's basic pay.

(Authority: 38 U.S.C. 3034, 3476, 3672, 3675, 3676, 3678, 3679, 3680A, 3689)

(c) Flight training. VA and the State approving agencies shall apply the provisions of $21.4263 when approving flight training under 38 U.S.C. ch. 30.

(Authority: 38 U.S.C. 3017; Pub. L. ! (Jul. 1, 1985)

(b) Necessary criteria for death le VA may pay a death benefit und U.S.C. ch. 30 only if

(1) The individual either(i) Dies while on active duty, or

(ii) Dies after October 28, 199? his or her date of death is withi year after the date of his or het discharge or release from active and

(2) The death of the individ 1 service connected. In determini the death is service connected, V!

(Authority: 38 U.S.C. 3034) (53 FR 1757, Jan. 22, 1988, as amended at 55 FR 28392, July 11, 1990; 56 FR 20136, May 2, 1991; 57 FR 15026, Apr. 24, 1992; 61 FR 6790, Feb. 22, 1996; 63 FR 34131, June 23, 1998]

paragraph (1) of this paragraph is zero or less than zero.

apply the provisions of $3.312 of this chapter; and (3) Either(i) At the time of the individual's death he or she is entitled to basic educational assistance through having met the eligibility requirements of $21.7042,

(Authority: 38 U.S.C. 3017 (b) and (c); Pub. L. 100-689) (Jul. 1, 1985) [56 FR 20136, May 2, 1991, as amended at 57 FR 15026, Apr. 24, 1992; 61 FR 6791, Feb. 22, 1996]

ADMINISTRATIVE

(ii) At the time of the individual's death he or she is on active duty with the Armed Forces and but for the minimum service requirements of $21.7042(a)(2) or $21.7042(b)(3) or (4) or the educational requirements of $21.7042(a)(3) or $21.7042(b)(2) or both would be entitled to basic educational assistance through having met the eligibility requirements of $21.7042.

$ 21.7301 Delegations of authority.

(a) General delegation of authority. Except as otherwise provided, authority is delegated to the Under Secretary for Benefits of VA, and to supervisory or adjudication personnel within the jurisdiction of the Education Service of VA designated by him or her, to make findings and decisions under 38 U.S.C. chapter 30 and the applicable regulations, precedents and instructions concerning the program authorized by that chapter.

tAuthority: 38 U.S.C. 3017(a))

(c) Payee. (1) VA shall pay a death benefit to the living person or persons in the order listed in this paragraph.

(i) The beneficiary or beneficiaries designated by the individual under the individual's Servicemen's Group Life Insurance Policy,

(ii) The surviving spouse of the individual,

(iii) The surviving child or children of the individual, in equal shares,

(iv) The surviving parent or parents of the individual in equal shares.

(2) If none of the persons listed in this paragraph is living, VA shall not pay a death benefit under this section.

(Authority: 38 U.S.C. 512(a))

(b) Other delegations of authority. In administering benefits payable under 38 U.S.C. chapter 30, VA shall apply $ 21.4001(b), (c)(1) and (2) and (f) of this part in the same manner as those paragraphs are applied in the administration of 38 U.S.C. chapter 34.

(Authority: 38 U.S.C. 512(a), 3034, 3696; Pub. L. 98-525)

Authority: 38 U.S.C. 3017(a)(2); Pub. L. 100689) (Jul. 1, 1985)

(d) Amount of death benefit. (1) The amount of any payment made under this section shall be equal to

(1) The amount reduced from the individual's basic pay as provided in $21.7042(f) less(ii) The total of(A) The amount of educational assistance that has been paid to the individual under 38 U.S.C. ch. 30, and

(B) The amount of accrued benefits paid or payable with respect to the individual.

(2) VA shall pay no death benefit when the amount determined by sub

$21.7302 Finality of decisions.

(a) Agency decisions generally are binding. The decision of a VA facility of original jurisdiction on which an action is based

(1) Will be final,

(2) Will be binding upon all field offices of the VA as to conclusions based on evidence on file at that time, and

(3) Will not be subject to revision on the same factual grounds except by duly constituted appellate authorities or except as provided in $21.7303 of this part. (See $8 19.192 and 19.193 of this chapter).

(Authority: 38 U.S.C. 511)

(b) Decisions of an activity within VA. Current determinations of line of duty

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