[Federal Register Volume 64, Number 85 (Tuesday, May 4, 1999)]
[Rules and Regulations]
[Pages 23769-23773]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-11069]


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DEPARTMENT OF DEFENSE

DEPARTMENT OF TRANSPORTATION Coast Guard

DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 21

RIN 2900-AH76


Claims and Effective Dates for the Award of Educational 
Assistance

AGENCIES: Department of Defense, Department of Transportation (Coast 
Guard), and Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: This document amends the educational assistance and 
educational benefit regulations of the Department of Veterans Affairs 
(VA). It establishes a standard for determining what constitutes a 
formal claim, an informal claim, and an abandoned claim that can be 
applied uniformly to the educational assistance programs VA 
administers. In addition, it establishes less restrictive effective 
dates for awards of educational assistance; establishes uniform time 
limits for acting to complete claims; and states VA's responsibilities 
when a claim is filed. This rule will result in a more uniform 
adjudication of claims for educational assistance under each of the 
education programs VA administers.

DATES: Effective Date: June 3, 1999.

FOR FURTHER INFORMATION CONTACT: William G. Susling, Jr., Education 
Adviser, Education Service (225C), Veterans Benefits Administration, 
(202) 273-7187.

SUPPLEMENTARY INFORMATION: In a document published in the Federal 
Register on April 29, 1998 (63 FR 23408), VA proposed amendments to 
several regulations. VA proposed to amend the regulations to establish 
a standard for determining what constitutes a formal claim, an informal 
claim, and an abandoned claim that can be applied uniformly to the 
educational assistance programs VA administers. In addition, it was 
proposed to establish less restrictive effective dates for awards of 
educational assistance; to establish uniform time limits for acting to 
complete claims; and to state VA's responsibilities when a claim is 
filed. Comments were sought under the Paperwork Reduction Act 
concerning the collection of information in the proposed Sec. 21.1030.
    Interested persons were given 60 days to submit comments. No 
comments were received. Accordingly, based on

[[Page 23770]]

the rationale set forth in the proposed rule and in this document, we 
are adopting the provisions of the proposed rule as a final rule. A few 
nonsubstantive changes have been made to the proposed rule for clarity.
    The Department of Defense (DOD) is issuing this final rule jointly 
with VA insofar as it relates to VEAP and EATP. These programs are 
funded by DOD and administered by VA. DOD, the Department of 
Transportation (Coast Guard), and VA are jointly issuing this final 
rule insofar as it relates to the MGIB-SR. This program is funded by 
DOD and the Coast Guard, and is administered by VA. The remainder of 
this final rule is issued solely by VA.

Paperwork Reduction Act of 1995

    Information collection requirements in this final rule (concerning 
38 CFR 21.1030 have been approved by the Office of Management and 
Budget (OMB) under the provisions of the Paperwork Reduction Act of 
1995 (44 U.S.C. 3501-3520) and have been assigned OMB control number 
2900-0596. The provisions of Sec. 21.1030 restate a statutory 
requirement (38 U.S.C. 5101(a)) that provides that no benefits may be 
paid or furnished to an individual until VA receives from the 
individual a claim for the benefit sought in the form prescribed by the 
Secretary. The regulation adds language as to what information needs to 
be included in a claim.
    OMB assigns a control number for each collection of information it 
approves. VA may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless it displays a 
currently valid OMB control number. The valid OMB control number 
assigned to the collection of information in this final rule is 
displayed at the end of the affected section of regulations.
    The signers of this document hereby certify that this final rule 
will not have a significant economic impact on a substantial number of 
small entities as they are defined in the Regulatory Flexibility Act, 5 
U.S.C. 601-612. The final rule will affect only individuals and will 
not directly affect any small entities. Therefore, pursuant to 5 U.S.C. 
605(b), this final rule is exempt from the initial and final regulatory 
flexibility analyses requirements of Secs. 602 and 604.
    The Catalog of Federal Domestic Assistance numbers for the programs 
affected by this proposed rule are 64.117, 64.120, and 64.124. This 
proposed rule will also affect the Montgomery GI Bill--Selected Reserve 
which has no Catalog of Federal Domestic Assistance number.

List of Subjects in 38 CFR Part 21

    Administrative practice and procedure, Armed forces, Civil rights, 
Claims, Colleges and universities, Conflict of interests, Education, 
Employment, Grant programs-education, Grant programs-veterans, Health 
care, Loan programs-education, Loan programs-veterans, Manpower 
training programs, Reporting and recordkeeping requirements, Schools, 
Travel and transportation expenses, Veterans, Vocational education, 
Vocational rehabilitation.

    Approved: January 6, 1999.
Togo D. West, Jr.,
Secretary of Veterans Affairs.
    Approved: April 27, 1999.
P.A. Tracey,
Vice Admiral, USN, Deputy Assistant Secretary (Military Personnel 
Policy), Department of Defense.
    Approved: March 22, 1999.
F.L. Ames,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Human 
Resources.
    For the reasons set out above, 38 CFR part 21 (subparts B, C, D, G, 
H, K, and L) is amended as set forth below.

PART 21--VOCATIONAL REHABILITATION AND EDUCATION

Subpart B--Claims and Applications for Educational Assistance

    1. The authority citation for part 21, subpart B continues to read 
as follows:

    Authority: 38 U.S.C. 501(a), 38 U.S.C. chapter 51, unless 
otherwise noted.

    2. Section 21.1029 is added, to read as follows:


Sec. 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 date of claim is the date on which a valid 
claim or application for educational assistance is considered to have 
been filed with VA, for purposes of determining the commencing date of 
an award of that educational assistance.
    (1) If an informal claim is filed and VA receives a formal claim 
within one year of the date VA requested it, or within such other 
period of time as provided by Sec. 21.1032, the date of claim, subject 
to the provisions of paragraph (b)(3) of this section, is the date VA 
received the informal claim.
    (2) If a formal claim is filed other than as described in paragraph 
(b)(1) of this section, the date of claim, subject to the provisions of 
paragraph (b)(3) of this section, is the date VA received the formal 
claim.
    (3) If a formal claim itself is abandoned and a new formal or 
informal claim is filed, the date of claim is as provided in paragraph 
(b)(1) or (b)(2) of this section, as appropriate.

(Authority: 38 U.S.C. 5103)

    (c) Formal claim. A claim is a formal claim when the claimant (or 
his or her authorized representative) files the claim with VA, and--
    (1) The claim is a claim for--
    (i) Educational assistance;
    (ii) An increase in educational assistance; or
    (iii) An extension of the eligibility period for receiving 
educational assistance; and
    (2) If there is a form (either paper or electronic) prescribed 
under this part, the claim is filed on that form.

(Authority: 38 U.S.C. 5101(a))

    (d) Informal claim. (1) If a form (either paper or electronic) has 
been prescribed under this part to use in claiming the benefit sought, 
the term informal claim means--
    (i) Any communication 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 assistance; or
    (ii) A claim from an individual or from an authorized 
representative on that individual's behalf for a benefit described in 
paragraph (c)(1)(i) of this section that is filed in a document other 
than in the prescribed form.

[[Page 23771]]

    (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 
assistance.
    (3) When VA requests evidence in connection with a 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. 3034(a), 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)

    3. Section 21.1030 is revised; and a parenthetical is added at the 
end of the section to read as follows:


Sec. 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 before filing a formal claim for educational 
assistance.

    (The Office of Management and Budget has approved the 
information collection requirements in this section under control 
number 2900-0596.)

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 3034(a), 3241(a), 3471, 
3513, 5101(a))

    4. Section 21.1031 is revised to read as follows.


Sec. 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 
Sec. 21.1032(a).

(Authority: 38 U.S.C. 5103)

    5. Section 21.1032 is revised to read as follows:


Sec. 21.1032  Time limits.

    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 
received within one year from the date of such notification, VA will 
not pay educational assistance by reason of that claim.

(Authority: 38 U.S.C. 5103)

    (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 Sec. 21.3047, 
Sec. 21.5042, or Sec. 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. 3031(d), 3232(a), 3512)

    (d) Time limit for filing for an extension of eligibility due to 
suspension of program (38 U.S.C. chapter 35).
    VA must receive a claim for an extended period of eligibility due 
to a suspension of an eligible child's program of education as provided 
in Sec. 21.3043 by the later of the following dates.
    (1) One year from the date on which the child's original period of 
eligibility ended; or
    (2) One year from the date on which the condition that caused the 
suspension of the program of education ceased to exist.

(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 during the original time 
period and could not have taken the required action sooner.
    (2) Denials of time limit extensions are separately appealable 
issues.

(Authority: 38 U.S.C. 5101, 5113)

    (f) Computation of time limit. (1) In computing the time limit for 
any action required of a claimant or beneficiary, including the filing 
of claims or evidence requested by VA, VA will exclude the first day of 
the specified period, and will include the last day. This rule is 
applicable in cases in which the time limit expires on a workday. When 
the time limit would expire on a Saturday, Sunday, or holiday, the VA 
will include the next succeeding day in the computation.
    (2) The first day of the specified period referred to in paragraph 
(f)(1) of this section will be the date of the letter of notification 
to the claimant or beneficiary for purposes of computing time limits. 
As to appeals, see Secs. 20.302 and 20.305 of this chapter.

(Authority: 38 U.S.C. 501(a))

Subpart C--Survivors' and Dependents' Educational Assistance Under 
38 U.S.C. Chapter 35

    6. The authority citation for subpart C continues to read as 
follows:

    Authority: 38 U.S.C. 501(a), 512, 3500-3566, unless otherwise 
noted.

    7. In Sec. 21.3021, paragraph (m) is amended by removing 
``Sec. 21.4200'', and adding, in its place, ``Secs. 21.1029 and 
21.4200''.
    8. Section 21.3030 is revised to read as follows:

[[Page 23772]]

Sec. 21.3030  Claims.

    The provisions of subpart B of this part apply with respect to 
submission of a claim for educational assistance under 38 U.S.C. 
chapter 35, VA actions upon receiving a claim, and time limits 
connected with claims.

(Authority: 38 U.S.C. 3513, 5101, 5102, 5103)


Secs. 21.3031 and 21.3032  [Removed]

    9. Sections 21.3031 and 21.3032 are removed.

Subpart D--Administration of Educational Assistance Programs

    10. The authority citation for subpart D is revised to read as 
follows:

    Authority: 10 U.S.C. 2141 note, ch. 1606, 38 U.S.C. 501(a), chs. 
30, 32, 34, 35, 36, unless otherwise noted.

    11. In Sec. 21.4131, the introductory text; and paragraphs (a) and 
(d) are revised, to read as follows:


Sec. 21.4131  Commencing dates.

    VA will determine the commencing date of an award or increased 
award of educational assistance under this section. When more than one 
paragraph in this section applies, VA will award educational assistance 
using the latest of the applicable commencing dates.
    (a) Entrance or reentrance including change of program or 
educational institution: individual eligible under 38 U.S.C. chapter 
32. When an eligible veteran or servicemember enters or reenters into 
training (including a reentrance following a change of program or 
educational institution), the commencing date of his or her award of 
educational assistance will be determined as follows:
    (1) If the award is the first award of educational assistance for 
the program of education the veteran or servicemember is pursuing, the 
commencing date of the award of educational assistance is the latest 
of:
    (i) The date the educational institution certifies under paragraph 
(b) or (c) of this section;
    (ii) One year before the date of claim as determined by 
Sec. 21.1029(b);
    (iii) The effective date of the approval of the course, or one year 
before the date VA receives the approval notice, whichever is later; or
    (2) If the award is the second or subsequent award of educational 
assistance for the program of education the veteran or servicemember is 
pursuing, the effective date of the award of educational assistance is 
the later of--
    (i) The date the educational institution certifies under paragraph 
(b) or (c) of this section; or
    (ii) The effective date of the approval of the course, or one year 
before the date VA receives the approval notice, whichever is later.

(Authority: 38 U.S.C. 3672, 5103, 5110(b), 5113)
* * * * *
    (d) Entrance or reentrance including change of program or 
educational institution: individual eligible under 38 U.S.C. chapter 
35. When a person eligible to receive educational assistance under 38 
U.S.C. chapter 35 enters or reenters into training (including a 
reentrance following a change of program or educational institution), 
the commencing date of his or her award of educational assistance will 
be determined as follows:
    (1) If the award is the first award of educational assistance for 
the program of education the eligible person is pursuing, the 
commencing date of the award of educational assistance is the latest 
of:
    (i) The beginning date of eligibility as determined by 
Sec. 21.3041(a) or (b) or by Sec. 21.3046(a) or (b), whichever is 
applicable;
    (ii) One year before the date of claim as determined by 
Sec. 21.1029(b);
    (iii) The date the educational institution certifies under 
paragraph (b) or (c) of this section;
    (iv) The effective date of the approval of the course, or one year 
before the date VA receives the approval notice, whichever is later; or
    (2) If the award is the second or subsequent award of educational 
assistance for that program, the effective date of the award of 
educational assistance is the later of--
    (i) The date the educational institution certifies under paragraph 
(b) or (c) of this section; or
    (ii) The effective date of the approval of the course, or one year 
before the date VA receives the approval notice, whichever is later.

(Authority: 38 U.S.C. 3014, 3023, 3034, 3672, 5103)

Subpart G--Post-Vietnam Era Veterans' Educational Assistance Under 
38 U.S.C. Chapter 32

    12. The authority citation for subpart G continues to read as 
follows:

    Authority: 38 U.S.C. 501(a), ch. 32, unless otherwise noted.

    13. In Sec. 21.5030, the heading for the section and paragraph (c) 
introductory text, are revised; paragraphs (c)(1), (c)(2), and (c)(3) 
are redesignated as paragraphs (c)(2), (c)(3), and (c)(4), 
respectively; a new paragraph (c)(1) is added; and a newly redesignated 
paragraph (c)(3) is revised, to read as follows:


Sec. 21.5030  Applications, claims, and time limits.

* * * * *
    (c) The provisions of the following sections shall apply to claims 
for educational assistance under 38 U.S.C. chapter 32:
    (1) Section 21.1029--Definitions.
* * * * *
    (3) Section 21.1031--VA responsibilities when a claim is filed.
* * * * *


Sec. 21.5130  [Amended]

    14. In Sec. 21.5130, paragraph (a) is amended by removing 
``dates'', and adding, in its place, ``dates (except paragraph (d))''.

Subpart H--Educational Assistance Test Program

    15. The authority citation for subpart H continues to read as 
follows:

    Authority: 10 U.S.C. ch. 107; 38 U.S.C. 501(a), 3695, 5101, 
5113, 5303A; 42 U.S.C 2000; sec. 901, Pub. L. 96-342, 94 Stat. 1111-
1114, unless otherwise noted.

    16. Section 21.5730 is revised to read as follows:


Sec. 21.5730  Applications, claims, and time limits.

    The provisions of subpart B of this part apply with respect to 
claims for educational assistance under the educational program 
described in Sec. 21.5701, VA actions upon receiving a claim, and time 
limits connected with claims.

(Authority: 10 U.S.C. 2141, 2149; 38 U.S.C. 5101, 5102, 5103)


Sec. 21.5732  [Removed]

    17. Section 21.5732 is removed.

Subpart K--All Volunteer Force Educational Assistance Program 
(Montgomery GI Bill--Active Duty)

    18. The authority citation for Subpart K continues to read as 
follows:

    Authority: 38 U.S.C. 501(a), chs. 30 and 36, unless otherwise 
noted.

    19. In Sec. 21.7020, the introductory text is revised to read as 
follows:


Sec. 21.7020  Definitions.

    For the purposes of regulations from Sec. 21.7000 through 
Sec. 21.7499 and the payment of basic educational assistance and 
supplemental educational assistance under 38 U.S.C. chapter 30, the 
following definitions apply. (See also additional definitions in 
Sec. 21.1029).
* * * * *

[[Page 23773]]

    20. Section 21.7030 is revised to read as follows:


Sec. 21.7030  Applications, claims, and time limits.

    The provisions of subpart B of this part apply with respect to 
claims for educational assistance under 38 U.S.C. chapter 30, VA 
actions upon receiving a claim, and time limits connected with claims.

(Authority: 38 U.S.C. 3018B, 3034(a), 3471, 5101, 5102, 5103)

    21. In Sec. 21.7032, paragraphs (b), (c), (d), and (e) are removed; 
paragraph (f) is redesignated as paragraph (b); and the section heading 
and paragraph (a) are revised to read as follows:


Sec. 21.7032  Time limits for making elections.

    (a) Scope of this section. The provisions of this section are 
applicable to certain elections to receive educational assistance under 
38 U.S.C. ch. 30. For time limits governing formal and informal claims 
for educational assistance under 38 U.S.C. ch. 30, see Sec. 21.1032.

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


Sec. 21.7051  [Amended]

    22. In Sec. 21.7051, paragraph (a)(1) is amended by removing 
``Sec. 21.7032(e) of this part'' and adding, in its place, 
``Sec. 21.1032(c)''.
    23. In Sec. 21.7131, paragraph (d) is removed and reserved; 
paragraph (e)(1)(iii) is amended by removing ``subdivision (ii)(B) of 
this subparagraph'' and adding, in its place, ``paragraph (e)(1)(ii)(B) 
of this section''; paragraph (e)(2)(i) introductory text is removed; 
paragraphs (e)(2)(i)(A), (e)(2)(i)(B), and (e)(2)(i)(C) are 
redesignated as new (e)(2)(i), (e)(2)(ii), and (e)(2)(iii), 
respectively; the introductory text and paragraph (a) are revised to 
read as follows:


Sec. 21.7131  Commencing dates.

    VA will determine the commencing date of an award or increased 
award of educational assistance under this section. When more than one 
paragraph in this section applies, VA will award educational assistance 
using the latest of the applicable commencing dates.
    (a) Entrance or reentrance including change of program or 
educational institution. When an eligible veteran or servicemember 
enters or reenters into training (including a reentrance following a 
change of program or educational institution), the commencing date of 
his or her award of educational assistance will be determined as 
follows:
    (1) If the award is the first award of educational assistance for 
the program of education the veteran or servicemember is pursuing, the 
commencing date of the award of educational assistance is the latest 
of:
    (i) The date the educational institution certifies under paragraph 
(b) or (c) of this section;
    (ii) One year before the date of claim as determined by 
Sec. 21.1029(b);
    (iii) The effective date of the approval of the course, or one year 
before the date VA receives the approval notice whichever is later; or
    (2) If the award is the second or subsequent award of educational 
assistance for the program of education the veteran or servicemember is 
pursuing, the effective date of the award of educational assistance is 
the later of--
    (i) The date the educational institution certifies under paragraph 
(b) or (c) of this section; or
    (ii) The effective date of the approval of the course, or one year 
before the date VA receives the approval notice, whichever is later.

(Authority: 38 U.S.C. 3014, 3023, 3034, 3672, 5103, 5110(b), 5113)
* * * * *

Subpart L--Educational Assistance for Members of the Selected 
Reserve

    24. The authority citation for subpart L is revised to read as 
follows:

    Authority: 10 U.S.C. ch. 1606; 38 U.S.C. 501(a), 512, ch. 36, 
unless otherwise noted.

    25. In Sec. 21.7520, the introductory text is revised to read as 
follows:


Sec. 21.7520  Definitions.

    For the purposes of regulations from Sec. 21.7500 through 
Sec. 21.7999, governing the administration and payment of educational 
assistance under 10 U.S.C. chapter 1606, the Selected Reserve 
Educational Assistance Program, the following definitions apply. (See 
also additional definitions in Sec. 21.1029).
* * * * *
    26. Section 21.7530 is revised to read as follows:


Sec. 21.7530  Applications, claims, and time limits.

    The provisions of subpart B of this part apply with respect to 
claims for educational assistance under 10 U.S.C. chapter 1606, VA 
actions upon receiving a claim, and time limits connected with claims.

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 3472)


Sec. 21.7532  [Removed]

    27. Section 21.7532 is removed.
    28. In Sec. 21.7631, paragraph (d) is removed; paragraphs (e), (f), 
(g), and (h) are redesignated as paragraphs (d), (e), (f), and (g), 
respectively; and the introductory text and paragraph (a) are revised 
to read as follows:


Sec. 21.7631  Commencing dates.

    VA will determine the commencing date of an award or increased 
award of educational assistance under this section. When more than one 
paragraph in this section applies, VA will award educational assistance 
using the latest of the applicable commencing dates.
    (a) Entrance or reentrance including change of program or 
educational institution. When an eligible reservist enters or reenters 
into training (including a reentrance following a change of program or 
educational institution), the commencing date of his or her award of 
educational assistance will be determined as follows:
    (1) If the award is the first award of educational assistance for 
the program of education the reservist is pursuing, the commencing date 
of the award of educational assistance is the latest of:
    (i) The date the educational institution certifies under paragraph 
(b) or (c) of this section;
    (ii) One year before the date of claim as determined by 
Sec. 21.1029(b);
    (iii) The effective date of the approval of the course, or one year 
before the date VA receives the approval notice whichever is later; or
    (2) If the award is the second or subsequent award of educational 
assistance for the program of education the reservist is pursuing, the 
effective date of the award of educational assistance is the later of--
    (i) The date the educational institution certifies under paragraph 
(b) or (c) of this section; or
    (ii) The effective date of the approval of the course, or one year 
before the date VA receives the approval notice, whichever is later.

(Authority: 10 U.S.C. 16136(b); 38 U.S.C. 3672, 5103)
* * * * *
[FR Doc. 99-11069 Filed 5-3-99; 8:45 am]
BILLING CODE 8320-01-P