38 C.F.R. § 21.7137

Current through November 30, 2024

Section 21.7137 - Rates of payment of basic educational assistance for individuals with remaining entitlement under 38 U.S.C. chapter 34

(a)Minimum rates.

(1) Except as elsewhere provided in this section, basic educational assistance is payable to individuals with remaining entitlement under 38 U.S.C. chapter 34 at the following monthly rates:

(i) For training that occurs after September 30, 2005, and before October 1, 2006:

Training	Monthly rate
	No dependents	One dependent	Two dependents	Additional for each additional dependent
Full time	$1222.00	$1258.00	$1289.00	$16.00
3/4 time	917.00	943.50	967.00	12.00
1/2 time	611.00	629.00	644.50	8.50
Less than 1/2 but more than 1/4 time	611.00	611.00	611.00	0
1/4 time or less	305.50	305.50	305.50	0

(Authority: 38 U.S.C. 3015 )

(ii) For training that occurs after September 30, 2006, and before October 1, 2007:

Training	Monthly rate
	No dependents	One dependent	Two dependents	Additional for each additional dependent
Full time	$1263.00	$1299.00	$1330.00	$16.00
3/4 time	947.75	974.25	997.75	12.00
1/2 time	631.50	649.50	665.00	8.50
Less than 1/2 but more than 1/4 time	631.50	631.50	631.50	0
1/4 time or less	315.75	315.75	315.75	0

(Authority: 38 U.S.C. 3015 )

(iii) For training that occurs after September 30, 2007, and before August 1, 2008:

Training	Monthly rate
	No dependents	One dependent	Two dependents	Additional for each additional dependent
Full time	$1289.00	$1325.00	$1356.00	$16.00
3/4 time	967.25	993.75	1017.25	12.00
1/2 time	644.50	662.50	678.00	8.50
Less than 1/2 but more than 1/4 time	644.50	644.50	644.50	0
1/4 time or less	322.25	322.25	322.25	0

(Authority: 38 U.S.C. 3015 )

(2) For veterans pursuing apprenticeship or other on-job training, basic educational assistance is payable for training at the following monthly rates:

(i) For training that occurs after September 30, 2005, and before October 1, 2006:

Training	Monthly rate
	No dependents	One dependent	Two dependents	Additional for each additional dependent
1st six months of pursuit of program	$995.35	$1009.38	$1021.70	$5.95
2nd six months of pursuit of program	738.73	749.78	758.88	4.55
3rd six months of pursuit of program	495.90	503.78	509.85	3.15
Remaining pursuit of program	480.60	488.03	494.78	3.15

(Authority: 38 U.S.C. 3015 )

(ii) For training that occurs after September 30, 2006, and before October 1, 2007:

Training	Monthly rate
	No dependents	One dependent	Two dependents	Additional for each additional dependent
1st six months of pursuit of program	$1030.20	$1044.23	$1056.55	$5.95
2nd six months of pursuit of program	765.38	776.43	785.53	4.55
3rd six months of pursuit of program	514.35	522.23	528.30	3.15
Remaining pursuit of program	499.05	506.48	513.23	3.15

(Authority: 38 U.S.C. 3015 )

(iii) For training that occurs after September 30, 2007 and before January 1, 2008:

Training	Monthly rate
	No dependents	One dependent	Two dependents	Additional for each additional dependent
1st six months of pursuit of program	$1052.30	$1066.33	$1078.65	$5.95
2nd six months of pursuit of program	782.28	793.33	802.43	4.55
3rd six months of pursuit of program	526.05	533.93	540.00	3.15
Remaining pursuit of program	510.75	518.18	524.93	3.15

(Authority: 38 U.S.C. 3015 )

(iv) For training that occurs after December 31, 2007, and before August 1, 2008:

Training	Monthly rate
	No dependents	One dependent	Two dependents	Additional for each additional dependent
1st six months of pursuit of program	$928.50	$940.88	$951.75	$5.25
2nd six months of pursuit of program	661.93	671.28	678.98	3.85
3rd six months of pursuit of program	409.15	415.28	420.00	2.45
Remaining pursuit of program	397.25	403.03	408.28	2.45

(Authority: 38 U.S.C. 3015 )

(3) The monthly rate of basic educational assistance payable to a veteran who is pursuing a cooperative course is the rate stated in the following tables:

(i) For training that occurs after September 30, 2005, and before October 1, 2006:

Monthly rate
No dependents	One dependent	Two dependents	Additional for each additional dependent
$1222.00	$1258.00	$1289.00	$16.00

(Authority: 38 U.S.C. 3015 )

(ii) For training that occurs after September 30, 2006, and before October 1, 2007:

Monthly rate
No dependents	One dependent	Two dependents	Additional for each additional dependent
$1263.00	$1299.00	$1330.00	$16.00

(Authority: 38 U.S.C. 3015 )

(iii) For training that occurs after September 30, 2007, and before August 1, 2008:

Monthly rate
No dependents	One dependent	Two dependents	Additional for each additional dependent
$1289.00	$1325.00	$1356.00	$16.00

(Authority: 38 U.S.C. 3015 )

(b)Less than one-half-time training. Except as provided in paragraph (d) of this section, the monthly rate of basic educational assistance for a veteran who is pursuing a course on a less than one-half-time basis is the lesser of:

(1) The monthly rate in paragraph (a)(1) of this section, or

(2) The monthly rate of the cost of the course. If there is no cost for the course, educational assistance is not payable.

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

(c)Rates for servicemembers. Except as provided in paragraph (d) of this section, the monthly rate of basic educational assistance for a servicemember may not exceed the lesser of:

(1) The monthly rate stated in paragraph (a) of this section; or

(2) The monthly rate of the cost of the course. If there is no cost for the course, educational assistance is not payable.

(Authority: 38 U.S.C. 3015 )

(d)Increase ("kicker") in basic educational assistance rates for service in the Selected Reserve.

(1) The Secretary of the service department concerned may increase the amount of basic educational assistance payable under paragraphs (a), (b), or (c) of this section, as appropriate. The increase ("kicker") is payable to an individual who has a skill or specialty in which there is a critical shortage of personnel or for which it is difficult to recruit, or, in the case of critical units, retain personnel, if the individual:

(i) Establishes eligibility for educational assistance under § 21.7044(a) or § 21.7080 ;

(ii) Meets the criteria of § 21.7540(a)(1) with respect to service in the Selected Reserve.

(2) The Secretary of the military department concerned-

(i) Will, for such an increase, set the amount of the increase ("kicker") payable for full-time training, but the increase ("kicker") may not exceed $350 per month;

(ii) May set the amount of the "kicker" payable, for a veteran pursuing a program of education less than full time or pursuing an apprenticeship or other on-job training, at an amount less than the amount described in paragraph (e)(2)(i) of this section.

(Authority: 10 U.S.C. 16131(i)(2) )

(e)Concurrent benefits. VA may pay additional educational assistance to a veteran for a dependent concurrently with additional pension or compensation for the same dependent.

(Authority: 38 U.S.C. 3015(d) , Pub. L. 98-525 )

(f)Two veteran cases. VA may pay additional educational assistance to a veteran for a spouse who is also a veteran. This will not bar the payment of additional educational assistance or subsistence allowance under § 21.260 of this part to the spouse for the veteran. If the veteran is paid additional educational assistance for a child, that will not bar payment of additional educational assistance or subsistence allowance under § 21.260 of this part to the spouse for the same child.

(Authority: 38 U.S.C. 3015 (d); Pub. L. 98-525 )

38 C.F.R. §21.7137

53 FR 1757, Jan. 22, 1988

For FEDERAL REGISTER citations affecting §21.7137, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov.