38 C.F.R. PART 21--VOCATIONAL REHABILITATION AND EDUCATION
TITLE 38--Pensions, Bonuses, and Veterans' Relief
CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS
PART 21--VOCATIONAL REHABILITATION AND EDUCATION
Subpart A--VOCATIONAL REHABILITATION UNDER 38 U.S.C. CHAPTER 31
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| Training and rehabilitation for veterans with service-connected disabilities.
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| Election of benefits under education programs administered by the Department of Veterans Affairs.
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| Nonduplication--Federal programs.
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| Basic period of eligibility.
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| Basic period of eligibility deferred.
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| Extension beyond basic period of eligibility because of serious employment handicap.
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| Extension beyond basic period of eligibility for a program of independent living services.
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| Eligibility for employment assistance.
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| Severance of service-connection--reduction to noncompensable degree.
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| Serious employment handicap.
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| Reasonable feasibility of achieving a vocational goal.
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| Redetermination of employment handicap and serious employment handicap.
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| Review and appeal of decisions on eligibility and entitlement.
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| Vocational Rehabilitation Panel.
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| Duties of the Vocational Rehabilitation Panel.
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| Vocational rehabilitation.
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| Rehabilitation to the point of employability.
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| Duration of employment assistance programs.
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| Approving more than 48 months of rehabilitation.
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| Determining entitlement usage under Chapter 31.
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| Requirement for a rehabilitation plan.
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| Completing the plan under Chapter 31.
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| Individualized written rehabilitation plan.
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| Individualized extended evaluation plan.
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| Individualized employment assistance plan.
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| Individualized independent living plan.
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| Appeal of disagreement regarding development of, or change in, the plan.
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| Educational and vocational training services.
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| Independent study course.
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| Educational and vocational courses outside the United States.
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| Repetition of the course.
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| Limitation on flight training.
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| Evaluation and improvement of rehabilitation potential.
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| Vocational course in a sheltered workshop or rehabilitation facility.
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| Independent instructor course.
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| Interpreter service for the hearing impaired.
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| Special transportation assistance.
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| Services to a veteran's family.
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| Other incidental goods and services.
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| Independent living services.
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| Participation in a program of independent living services.
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| ''Evaluation and planning'' status.
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| ''Extended evaluation'' status.
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| ''Rehabilitation to the point of employability'' status.
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| ''Independent living program'' status.
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| ''Employment services'' status.
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| ''Rehabilitated'' status.
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| General policy in furnishing supplies during periods of rehabilitation.
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| Furnishing supplies for special programs.
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| Methods of furnishing supplies.
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| Supplies consisting of clothing, magazines and periodicals, and items which may be personally used by the veteran.
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| Release of, and repayment for, training and rehabilitation supplies.
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| Medical treatment, care and services.
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| Resources for provision of treatment, care and services.
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| Overview of employment services.
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| Job development and placement services.
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| Incentives for employers.
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| Special assistance for veterans in self-employment.
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| Procurement and reimbursement of cost for training and rehabilitation services, supplies, or facilities.
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| Election of payment at the 38 U.S.C. chapter 30 educational assistance rate.
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| Payment of subsistence allowance under special conditions.
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| Employment adjustment allowance.
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| Payment of subsistence allowance during leave and between periods of instruction.
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| Veteran-student services.
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| Effective date of induction into a rehabilitation program.
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| Reentrance into a rehabilitation program.
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| Training and rehabilitation resources.
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| Selecting the training or rehabilitation facility.
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| Selecting a training establishment for on-job training.
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| Use of Government facilities for on-job training or work experience at no or nominal pay.
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| Rate of pursuit of a rehabilitation program.
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| Pursuit of training under special conditions.
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| Awards for subsistence allowance and authorization of rehabilitation services.
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| Commencing dates of subsistence allowance.
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| Reduction or termination dates of subsistence allowance.
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| Authorization of employment services.
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| Two veteran cases--dependents.
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| Payments of subsistence allowance.
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| Election of payment at the Chapter 30 rate.
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| Facility offering training or rehabilitation services.
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| Facility temporarily not offering training or rehabilitation services.
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| Leave following completion of a period of training or rehabilitation services.
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| Satisfactory conduct and cooperation.
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| Unsatisfactory conduct and cooperation.
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| Intraregional travel at government expense.
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| Interregional transfer at government expense.
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| Authorization for travel of attendants.
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| Travel expenses for initial evaluation and counseling.
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| Establishment of qualifications for personnel providing assistance under Chapter 31.
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| Training and staff development for personnel providing assistance under Chapter 31.
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| Rehabilitation research and special projects.
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| Veterans' Advisory Committee on Rehabilitation.
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| Responsibilities of the Veterans' Advisory Committee on Rehabilitation.
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| Reduction in subsistence allowance following the loss of a dependent.
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| Accountability for authorization and payment of training and rehabilitation services.
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Subpart B--CLAIMS AND APPLICATIONS FOR EDUCATIONAL ASSISTANCE
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| VA responsibilities when a claim is filed.
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Subpart C--SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE UNDER 38 U.S.C. CHAPTER 35
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| Administration of Survivors' and Dependents' Educational Assistance Program.
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| Nonduplication--programs administered by VA.
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| Nonduplication; pension, compensation, and dependency and indemnity compensation.
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| Nonduplication; Federal Employees' Compensation Act.
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| Nonduplication; Federal programs.
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| Periods of eligibility; child.
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| Service with Armed Forces.
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| Suspension of program; child.
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| Periods of eligibility; spouses and surviving spouses.
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| Extended period of eligibility due to physical or mental disability.
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| Rates--educational assistance allowance--38 U.S.C. chapter 35.
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| Reductions in survivors' and dependents' educational assistance.
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| Reduction or discontinuance dates for awards of educational assistance allowance.
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| Special restorative training.
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| Assistance during training.
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| Reentrance after interruption.
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| Special assistance for the educationally disadvantaged.
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Subpart D--ADMINISTRATION OF EDUCATIONAL ASSISTANCE PROGRAMS
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| Delegations of authority.
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| False or misleading statements.
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| Prevention of overpayments.
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| Overpayments; waiver or recovery.
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| Nonduplication--programs administered by VA.
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| Withdrawals or nonpunitive grades may result in nonpayment.
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| Certifications and release of payments.
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| Assignments of benefits prohibited.
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| Control by agencies of the United States.
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| Reimbursement of expenses.
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| Evaluations of State approving agency performance.
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| Restrictions on enrollment; percentage of students receiving financial support.
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| Overcharges; restrictions on enrollments.
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| Suspension and discontinuance of educational assistance payments and of enrollments or reenrollments for pursuit of approved courses.
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| Composition, jurisdiction, and duties of Committee on Educational Allowances.
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| Referral to Committee on Educational Allowances.
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| Notice of hearing by Committee on Educational Allowances.
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| Hearing rules and procedures for Committee on Educational Allowances.
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| Decision of Director of VA facility of jurisdiction.
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| Review of decision of Director of VA facility of jurisdiction.
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| Specialized vocational training--38 U.S.C. Chapter 35.
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| Programs of education that include flight training.
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| Minimum period of operation requirement for educational institutions.
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| Refund policy; nonaccredited courses.
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| Correspondence programs and courses.
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| Suspension or disapproval.
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| Courses in foreign countries.
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| Other training on-the-job courses.
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| Approval of flight training courses.
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| Farm cooperative courses.
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| Practical training approved as institutional training or on-job training.
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| Courses offered at subsidiary branches or extensions.
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| Approval of independent study.
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| Collegiate course measurement.
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| Practical training courses; measurement.
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| Discontinuance: unsatisfactory progress, conduct and attendance.
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| Reentrance after discontinuance.
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| Combination correspondence-residence program.
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Subpart E--[RESERVED]
Subpart F--EDUCATION LOANS
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| Determination of loan amount.
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Subparts F-1--F-3--[RESERVED]
Subpart G--POST-VIETNAM ERA VETERANS' EDUCATIONAL ASSISTANCE UNDER 38 U.S.C. CHAPTER 32
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| Administration of benefits: 38 U.S.C. Chapter 32.
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| Post-Vietnam era veterans' educational assistance.
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| Eligibility under more than one program.
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| Nonduplication; Federal programs.
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| Applications, claims, and time limits.
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| Extended period of eligibility.
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| Application requirements for participation.
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| Contribution requirements.
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| Restoration of contributions (Persian Gulf War).
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| Resumption of participation.
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| Refund upon disenrollment.
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| Refunds without disenrollment.
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| Suspension of participation.
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| Months of entitlement allowed.
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| Entitlement charge--overpayment cases.
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| Interruption to conserve entitlement.
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| Payments; educational assistance allowance.
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| Educational assistance allowance.
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| Criteria used in determining benefit payments.
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| Certifications and release of payments.
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| Restrictions on paying benefits to servicepersons.
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| Benefit payments--secondary school program.
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| Computation of benefit payments and monthly rates.
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| Computation of benefit payments for incarcerated individuals.
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| State approving agencies.
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| Assessment and pursuit of course.
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| Educational Assistance Pilot Program.
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| Reduced monthly contribution for certain individuals.
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| Extended period of eligibility.
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Subpart H--EDUCATIONAL ASSISTANCE TEST PROGRAM
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| Establishment of educational assistance test program.
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| Applications, claims, and time limits.
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| Eligibility under more than one program.
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| Charges against entitlement.
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| Certifications of enrollment.
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| Reports of withdrawals and terminations of attendance and changes in training time.
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| False or fraudulent claims.
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| Nonduplication: Federal progams.
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| False or misleading statements.
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| Payment of educational assistance.
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| Commencing date of subsistence allowance.
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| Discontinuance dates: General.
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| Specific discontinuance dates.
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| Administration of benefits program--chapter 107, title 10 U.S.C.
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| Delegations of authority.
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Subpart I--TEMPORARY PROGRAM OF VOCATIONAL TRAINING FOR CERTAIN NEW PENSION RECIPIENTS
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| Temporary vocational training program for certain pension recipients.
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| Applicability of rules and administrative procedures under 38 U.S.C., Chapter 31.
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| Nonduplication--38 U.S.C., chapters 30, 31, 32, 34 and 35.
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| Eligibility for vocational training and employment assistance.
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| Entry, reentry and completion.
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| Participation of eligible veterans in an evaluation.
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| Criteria for determining good employment potential.
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| Cooperation of the veteran in an evaluation.
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| Consequences of evaluation.
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| Limitations on the number of evaluations.
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| Basic duration of a vocational training program.
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| Extending the duration of a vocational training program.
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| Computing the period of vocational training program participation.
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| Requirement for an individualized written rehabilitation or employment assistance plan.
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| Educational and vocational training services.
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| Evaluation and improvement of rehabilitation potential.
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| Independent living services.
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| Medical treatment, care and services.
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| Resources for provision of medical treatment, care and services.
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| Effective dates of induction into and termination of vocational training.
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| Reentrance into a training program.
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| Authorization of services under Chapter 31 rules.
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| Satisfactory conduct and cooperation.
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| Authorization of transportation services.
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| Additional applicable Chapter 31 regulations.
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| Coordination with the Veterans Service Center.
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Subpart J--TEMPORARY PROGRAM OF VOCATIONAL TRAINING AND REHABILITATION
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| Participation in the temporary program.
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| Special benefits for qualified veterans under test program.
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| Notice to qualified veterans.
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| Formulation of rehabilitation plan.
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| Eligibility of qualified veterans for employment and counseling services.
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| Employment of qualified veterans.
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| Entry and reentry into a program of counseling and employment services under 38 U.S.C. 3104(a) (2) and (5).
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Subpart K--ALL VOLUNTEER FORCE EDUCATIONAL ASSISTANCE PROGRAM (MONTGOMERY GI BILL--ACTIVE DUTY)
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| Establishment of educational assistance program.
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| Applications, claims, and time limits.
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| Time limits for making elections.
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| Categories of basic eligibility.
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| Basic eligibility requirements.
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| Persons with eligibility under 38 U.S.C. chapter 34.
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| Eligibility based on involuntary separation, voluntary separation, or participation in the Post-Vietnam Era Veterans' Educational Assistance Program.
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| Eligibility for supplemental educational assistance.
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| Ending dates of eligibility.
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| Extended period of eligibility.
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| Entitlement to basic educational assistance.
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| Entitlement for some individuals who establish eligibility during the open period or who establish eligibility before involuntary separation.
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| Entitlement to supplemental educational assistance.
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| Selection of a program of education.
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| Programs of education combining two or more types of courses.
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| Courses included in programs of education.
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| Suspension or discontinuance of payments.
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| Rates of payment of basic educational assistance.
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| Rates of payment of basic educational assistance for individuals with remaining entitlement under 38 U.S.C. chapter 34.
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| Rates of supplemental educational assistance.
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| Conditions which result in reduced rates or no payment.
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| Certifications and release of payments.
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| Nonduplication of educational assistance.
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| Advance payment and accelerated payment certifications.
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| Certification of enrollment.
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| False, late, or missing reports.
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| Measurement of concurrent enrollments.
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| State approving agencies.
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| Courses and enrollments which may not be approved.
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| Delegations of authority.
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| Procedural protection; reduction following loss of dependent.
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Subpart L--EDUCATIONAL ASSISTANCE FOR MEMBERS OF THE SELECTED RESERVE
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| Establishment and purpose of educational assistance program.
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| Applications, claims, and time limits.
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| Eligibility for educational assistance.
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| Ending dates of eligibility.
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| Extended period of eligibility.
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| Selection of a program of education.
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| Programs of education combining two or more types of courses.
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| Courses included in programs of education.
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| Overcharges and restrictions on enrollments.
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| Suspension or discontinuance of payments.
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| Conditions which result in reduced rates or no payment.
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| Nonduplication of educational assistance.
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| Certification of enrollment and verification of pursuit.
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| Progress, conduct, and attendance.
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| False, late, or missing reports.
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| Measurement of courses leading to a standard, undergraduate college degree.
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| Measurement of courses not leading to a standard college degree.
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| Measurement of concurrent enrollments.
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| Measurement of practical training courses.
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| State approving agencies.
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| Courses and enrollments which may not be approved.
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Subpart M--VOCATIONAL TRAINING AND REHABILITATION FOR CERTAIN CHILDREN OF VIETNAM VETERANS--SPINA BIFIDA AND COVERED BIRTH DEFECTS
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| Definitions and abbreviations.
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| Vocational training program for certain children of Vietnam veterans--spina bifida and covered birth defects.
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| Nonduplication of benefits.
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| Entitlement to vocational training and employment assistance.
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| Requirement for evaluation of child.
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| Scope of training, services, and assistance.
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| Basic duration of a vocational training program.
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| Authorizing training, services, and assistance beyond the initial individualized written plan of vocational rehabilitation.
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| Computing the period for vocational training program participation.
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| Requirement for an individualized written plan of vocational rehabilitation.
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| Inability of child to complete individualized written plan of vocational rehabilitation or achieve vocational goal.
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| Vocational training, services, and assistance.
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| Evaluation and improvement of vocational potential.
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| Training, services, and assistance costs.
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| Effective date of induction into a vocational training program.
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| Termination of a vocational training program.
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| Additional vocational training.
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| Authorization of services.
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| Satisfactory conduct and cooperation.
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| Authorization of transportation services.
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| Additional applicable regulations.
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