Title 38--PENSIONS, BONUSES, AND VETERANS' RELIEF
Chapter I--DEPARTMENT OF VETERANS AFFAIRS (CONTINUED)


18.1 Purpose. Authority: Sec. 602, 78 Stat. 252 (42 U.S.C. 2000d-1) and the laws referred to in Appendix A. The purpose of this part is...


18.2 Application of this part. This part applies to any program for which Federal financial assistance is authorized under a law administered by...


18.3 Discrimination prohibited. (a) General. No person in the United States shall, on the ground of race, color, or national origin be excluded...


18.4 Assurances required. (a) General. (1) Every application for Federal financial assistance to carry out a program to which this part applies, except...


Sec. 18.6 Compliance information. (a) Cooperation and assistance. Each responsible agency official shall to the fullest extent practicable seek the...


18.7 Conduct of investigations. (a) Periodic compliance reviews. The responsible agency official or designee shall from time to time review the practices...


Sec. 18.8 Procedure for effecting compliance. (a) General. If there appears to be a failure or threatened failure to comply with this part, and if...


Sec. 18.9 Hearings. (a) Opportunity for hearing. Whenever an opportunity for a hearing is required by Sec. 18.8(c), reasonable notice shall be given...


Sec. 18.10 Decisions and notices. (a) Procedure on decisions by an administrative law judge. If the hearing is held by an administrative law judge...


18.11 Judicial review. Action taken pursuant to section 602 of the Act is subject to judicial review as provided in section 603 of the Act. [29...


18.12 Effect on other regulations, forms and instructions. (a) Effect on other regulations. All regulations, orders, or like directions issued before...


Sec. 18.13 Definitions. As used in this part: (a) The term agency means the Department of Veterans Affairs, and includes each of its...


Programs of the Department of Veterans Affairs--Effectuation of Title VI of the Civil Rights Act of 1964 Sec. 18.401...


Programs of the Department of Veterans Affairs--Effectuation of Title VI of the Civil Rights Act of 1964 Sec. 18.402...


Federally-Assisted Programs of the Department of Veterans Affairs--Effectuation of Title VI of the Civil Rights Act of 1964 Sec. 18.403...


Federally-Assisted Programs of the Department of Veterans Affairs--Effectuation of Title VI of the Civil Rights Act of 1964 Sec. 18.404...


Federally-Assisted Programs of the Department of Veterans Affairs--Effectuation of Title VI of the Civil Rights Act of 1964 Sec. 18.405...


Federally-Assisted Programs of the Department of Veterans Affairs--Effectuation of Title VI of the Civil Rights Act of 1964 Sec. 18.406...


Programs of the Department of Veterans Affairs--Effectuation of Title VI of the Civil Rights Act of 1964 Sec. 18.407 Designation...


Programs of the Department of Veterans Affairs--Effectuation of Title VI of the Civil Rights Act of 1964 Sec. 18.408...


Programs of the Department of Veterans Affairs--Effectuation of Title VI of the Civil Rights Act of 1964 Sec. 18.409...


Federally-Assisted Programs of the Department of Veterans Affairs--Effectuation of Title VI of the Civil Rights Act of 1964 Sec. 18.410 Effect...


Programs of the Department of Veterans Affairs--Effectuation of Title VI of the Civil Rights Act of 1964 Sec. 18.411...


Federally-Assisted Programs of the Department of Veterans Affairs--Effectuation of Title VI of the Civil Rights Act of 1964 Sec. 18.412...


Programs of the Department of Veterans Affairs--Effectuation of Title VI of the Civil Rights Act of 1964 Sec. 18.413...


Federally-Assisted Programs of the Department of Veterans Affairs--Effectuation of Title VI of the Civil Rights Act of 1964 Sec. 18.414...


Programs of the Department of Veterans Affairs--Effectuation of Title VI of the Civil Rights Act of 1964 Sec. 18.421...


Federally-Assisted Programs of the Department of Veterans Affairs--Effectuation of Title VI of the Civil Rights Act of 1964 Sec. 18.422...


Programs of the Department of Veterans Affairs--Effectuation of Title VI of the Civil Rights Act of 1964 Sec. 18.423...


Programs of the Department of Veterans Affairs--Effectuation of Title VI of the Civil Rights Act of 1964 Sec. 18.431...


Programs of the Department of Veterans Affairs--Effectuation of Title VI of the Civil Rights Act of 1964 Sec. 18.432 Location...


Federally-Assisted Programs of the Department of Veterans Affairs--Effectuation of Title VI of the Civil Rights Act of 1964 Sec. 18.433...


Federally-Assisted Programs of the Department of Veterans Affairs--Effectuation of Title VI of the Civil Rights Act of 1964 Sec. 18.434...


Programs of the Department of Veterans Affairs--Effectuation of Title VI of the Civil Rights Act of 1964 Sec. 18.435 Evaluation...


Programs of the Department of Veterans Affairs--Effectuation of Title VI of the Civil Rights Act of 1964 Sec. 18.436...


Federally-Assisted Programs of the Department of Veterans Affairs--Effectuation of Title VI of the Civil Rights Act of 1964 Sec. 18.437...


Programs of the Department of Veterans Affairs--Effectuation of Title VI of the Civil Rights Act of 1964 Sec. 18.438...


Programs of the Department of Veterans Affairs--Effectuation of Title VI of the Civil Rights Act of 1964 Sec. 18.439...


Programs of the Department of Veterans Affairs--Effectuation of Title VI of the Civil Rights Act of 1964 Sec. 18.441...


Federally-Assisted Programs of the Department of Veterans Affairs--Effectuation of Title VI of the Civil Rights Act of 1964 Sec. 18.442...


Programs of the Department of Veterans Affairs--Effectuation of Title VI of the Civil Rights Act of 1964 Sec. 18.443...


Programs of the Department of Veterans Affairs--Effectuation of Title VI of the Civil Rights Act of 1964 Sec. 18.444...


Programs of the Department of Veterans Affairs--Effectuation of Title VI of the Civil Rights Act of 1964 Sec. 18.445...


Federally-Assisted Programs of the Department of Veterans Affairs--Effectuation of Title VI of the Civil Rights Act of 1964 Sec. 18.446...


Programs of the Department of Veterans Affairs--Effectuation of Title VI of the Civil Rights Act of 1964 Sec. 18.447...


Programs of the Department of Veterans Affairs--Effectuation of Title VI of the Civil Rights Act of 1964 Sec. 18.451...


Federally-Assisted Programs of the Department of Veterans Affairs--Effectuation of Title VI of the Civil Rights Act of 1964 Sec. 18.452 Health...


Programs of the Department of Veterans Affairs--Effectuation of Title VI of the Civil Rights Act of 1964 Sec. 18.453 Drug...


Programs of the Department of Veterans Affairs--Effectuation of Title VI of the Civil Rights Act of 1964 Sec. 18.454 Education...


Programs of the Department of Veterans Affairs--Effectuation of Title VI of the Civil Rights Act of 1964 Sec. 18.461...


the Basis of Age Sec. 18.501 Purpose. Authority: Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101, et seq.; 45 CFR part 90 (1979). ...


the Basis of Age Sec. 18.502 Application. (a) These regulations apply to any program or activity receiving Federal financial assistance provided by VA...


the Basis of Age Sec. 18.503 Definitions. As used in these regulations: (a) Act means the Age Discrimination Act of 1975, as amended (Title III...


the Basis of Age Sec. 18.511 Rules against age discrimination. The rules in this section are limited by the exceptions contained in Secs. 18.513 and 18.514...


the Basis of Age Sec. 18.512 Definitions of ``normal operation'' and ``statutory objective.'' For the purpose of these regulations, the terms normal operation...


the Basis of Age Sec. 18.513 Exceptions to the rules against age discrimination; normal operation or statutory objective of any program or activity. A...


the Basis of Age Sec. 18.514 Exceptions to the rules against age discrimination; reasonable factors other than age. A recipient is permitted to take an...


the Basis of Age Sec. 18.515 Burden of proof. The burden of proving that an age distinction or other action falls within the exceptions outlined in Secs....


the Basis of Age Sec. 18.516 Affirmative action by recipients. Even in the absence of a finding of discrimination, a recipient may take affirmative action...


the Basis of Age Sec. 18.531 General responsibilities. Each VA recipient must ensure that its programs and activities are in compliance with the Act and...


the Basis of Age Sec. 18.532 Notice of subrecipients. Where a recipient passes on Federal financial assistance from VA to programs and activities...


the Basis of Age Sec. 18.533 Assurance of compliance and recipient assessment of age distinctions. (a) Each recipient of Federal financial assistance from...


the Basis of Age Sec. 18.534 Information requirements. Each recipient shall: (a) Make available upon request to VA information necessary to...


the Basis of Age Sec. 18.541 Compliance reviews. (a) VA may conduct compliance reviews and preaward reviews of recipients or use other similar procedures...


the Basis of Age Sec. 18.542 Complaints. (a) Any person, individually or as a member of a class or on behalf of others, may file a complaint with VA...


the Basis of Age Sec. 18.543 Mediation. (a) Referral of complaints for mediation. VA will refer to the Federal Mediation and Conciliation Service...


the Basis of Age Sec. 18.544 Investigation. (a) Informal investigation. (1) VA will investigate complaints that are reopened because of a violation of...


the Basis of Age Sec. 18.545 Prohibition against intimidation or retaliation. A recipient may not engage in acts of intimidation or retaliation against...


the Basis of Age Sec. 18.546 Compliance procedure. (a) VA may enforce the Act and these regulations through: (1) Termination of Federal...


the Basis of Age Sec. 18.547 Hearings, decisions, post-termination proceedings. Certain VA procedural provisions applicable to Title VI of the Civil Rights...


the Basis of Age Sec. 18.548 Remedial action by recipient. Where VA finds that a recipient has discriminated on the basis of age, the recipient shall take...


the Basis of Age Sec. 18.549 Alternate funds disbursal procedure. (a) When VA withholds funds from a recipient under these regulations, the Secretary...


the Basis of Age Sec. 18.549 Alternate funds disbursal procedure. (a) When VA withholds funds from a recipient under these regulations, the Secretary...
...


of Health and Human Services, and the Secretary, Department of Education. (a) Authority has been delegated to the Secretary of Veterans Affairs...


delegated responsibility for obtaining evidence of voluntary compliance for vocational rehabilitation, education, and special restorative training to implement Title VI,...


for obtaining evidence of voluntary compliance implementing the provisions of Title VI, Civil Rights Act of 1964, in connection with payments to State homes,...


Medical Director or the Under Secretary for Benefits, the Director, Contract Compliance Service will: (a) Investigate and process all complaints arising under Title VI of...


receipt of information from the Under Secretary for Benefits, the Chief Medical Director, or the designee of either of them, that compliance cannot be secured...


18.9 and 18.10 of this chapter and govern the practice for hearings, decisions, and administrative review conducted by the Department of Veterans Affairs pursuant to Title VI...


Veterans Affairs, or any person or persons acting pursuant to authority delegated by the Secretary to carry out responsibility under Sec. 18.10 of this chapter. The...


[Code of Federal Regulations] [Title 38, Volume 2] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR18b.9] [Page 51] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS (CONTINUED) PART 18b--PRACTICE AND PROCEDURE UNDER TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 AND PART 18 OF THIS CHAPTER--Table of Contents Sec. 18b.9 Definitions. The definitions contained in Sec. 18.13 of this chapter apply to this part, unless the context otherwise requires. ...


of testimony, exceptions, briefs, decisions, and other documents filed in the docket in any proceeding may be inspected and copied in the office of the Civil...


[Code of Federal Regulations] [Title 38, Volume 2] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR18b.11] [Page 51] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS (CONTINUED) PART 18b--PRACTICE AND PROCEDURE UNDER TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 AND PART 18 OF THIS CHAPTER--Table of Contents Sec. 18b.11 Use of number. As used in this part, words importing the singular number may extend and be applied to several persons or things, and vice versa. [51 FR 10386, Mar. 26, 1986] ...


or the presiding officer, with respect to matters pending before them, may modify or waive any rule upon determination that no party will be unduly prejudiced and the...


in any proceeding. A State agency or a corporation may appear by any of its officers or by any employee it authorizes to appear on its behalf. Counsel must be...


[Code of Federal Regulations] [Title 38, Volume 2] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR18b.14] [Page 51] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS (CONTINUED) PART 18b--PRACTICE AND PROCEDURE UNDER TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 AND PART 18 OF THIS CHAPTER--Table of Contents Sec. 18b.14 Authority for representation. Any individual acting in any proceeding may be required to show authority to act in such capacity. [35 FR 10760, July 2, 1970, as amended at 51 FR 10386, Mar. 26, 1986] ...


contumacious language or contemptuous conduct, refusal to comply with directions, or continued use of dilatory tactics by any person at any hearing before a presiding officer...


other person to whom a notice of hearing or opportunity for hearing has been mailed naming that person as respondent. The Department shall also be deemed a party to...


a petition to participate in a proceeding as an amicus curiae. Such petition shall be filed prior to the prehearing conference, or if none is held, before the commencement of...


Sec. 18.7(b) of this chapter is not a party to the proceedings governed by this part, but may petition, after proceedings are initiated, to become an amicus curiae. ...


the original signed in ink, shall show the docket description and title of the proceeding, and shall show the title, if any, and address of the signatory. Copies need not...


employee, or attorney constitutes a certificate that one of them has read the document, that to the best of that person's knowledge, information, and belief there is...


official, and all written motions, requests, petitions, memoranda, pleadings, exceptions, briefs, decisions, and correspondence to a Department of Veterans Affairs...


one copy to each person to be served or by mailing by first-class mail, properly addressed with postage prepaid. When a party or amicus has appeared by attorney or...


is deposited in the U.S. mail or is delivered in person, except that the date of service of the initial notice of hearing or opportunity for hearing shall be the date of...


required to be served upon parties to a proceeding shall be endorsed with a certificate of service signed by the party making service or by the party's attorney or...


this part or in an order issued hereunder, the time begins with the day following the act, event, or default, and includes the last day of the period, unless it is a...


should be served on all parties and should set forth the reasons for the application. Applications may be granted upon a showing of good cause by the applicant. From...


or the presiding officer, with respect to matters pending before them, may reduce any time limit prescribed by the rules in this part, except as provided by law or...


by mailing a notice of hearing or opportunity for hearing to an affected applicant or recipient, pursuant to Secs. 18.9 and 18a.5 of...


file an answer to the notice within 20 days after service thereof. Answers shall admit or deny specifically and in detail each allegation of the notice, unless the respondent...


notice of hearing or opportunity for hearing once as a matter of course before an answer thereto is served, and each respondent may amend the answer once as a matter of course...


opportunity for hearing which does not fix a date for hearing the respondent, either in the answer or in a separate document, may request a hearing. Failure of the respondent...


the Department of Veterans Affairs to be joined or consolidated for hearing with proceedings in other Federal departments or agencies, by agreement with such...


authority relied upon, and the facts alleged. If made before or after the hearing, these matters shall be in writing. If made at the hearing, they may be stated orally; but...


or petition is served, or such other period as the reviewing authority or the presiding officer may fix, any party may file a response thereto. An immediate oral...


the presiding officer may not sustain or grant a written motion or petition prior to expiration of the time for filing responses thereto, but may overrule or deny such motion...


or 3344 (formerly section 11 of the Administrative Procedure Act) shall preside over the taking of evidence in any hearing to which these rules or...


the administrative law judge as presiding officer shall be in writing, and shall specify whether the administrative law judge is to make an initial decision or to certify the...


the duty to conduct a fair hearing, to take all necessary action to avoid delay, and to maintain order. The presiding officer shall have all powers necessary to these...


require parties and amici curiae to file written statements of position prior to the beginning of a hearing. The presiding officer may also require the parties to submit...


evidence and expert opinion testimony related to the issues in the proceeding. Argument will not be received in evidence; rather it should be presented in...


witnesses at the hearing; but the presiding officer, in the officer's discretion, may require or permit that the direct testimony of any witness be prepared in writing...


or otherwise prior to the hearing if the presiding officer so requires. Proposed exhibits not so exchanged may be denied admission as evidence. The authenticity of...


presiding officer fixes other time periods affidavits shall be filed and served on the parties not later than 15 days prior to the hearing; and not less than 7 days prior...


the parties or of the Department of Veterans Affairs, the presiding officer may authorize or direct the testimony of any witness to be taken...


to the scheduled date of the hearing except for good cause shown or prior to such earlier date as the presiding officer may order, any party may serve upon an opposing...


[Code of Federal Regulations] [Title 38, Volume 2] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR18b.57] [Page 57] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS (CONTINUED) PART 18b--PRACTICE AND PROCEDURE UNDER TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 AND PART 18 OF THIS CHAPTER--Table of Contents Sec. 18b.57 Evidence. Irrelevant, immaterial, unreliable, and unduly repetitious evidence will be excluded. ...


[Code of Federal Regulations] [Title 38, Volume 2] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR18b.58] [Page 57] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS (CONTINUED) PART 18b--PRACTICE AND PROCEDURE UNDER TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 AND PART 18 OF THIS CHAPTER--Table of Contents Sec. 18b.58 Cross-examination. A witness may be cross-examined on any matter material to the proceeding without regard to the scope of his direct examination. ...


and other unsponsored written material regarding matters in issue in a hearing will be placed in the correspondence section of the docket of the proceeding. These data...


[Code of Federal Regulations] [Title 38, Volume 2] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR18b.60] [Page 57] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS (CONTINUED) PART 18b--PRACTICE AND PROCEDURE UNDER TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 AND PART 18 OF THIS CHAPTER--Table of Contents Sec. 18b.60 Objections. Objections to evidence shall be timely and briefly state the ground relied upon. ...


rulings of the presiding officer are unnecessary. It is sufficient that a party, at the time the ruling of the presiding officer is sought, makes known the action which the...


[Code of Federal Regulations] [Title 38, Volume 2] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR18b.62] [Page 57] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS (CONTINUED) PART 18b--PRACTICE AND PROCEDURE UNDER TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 AND PART 18 OF THIS CHAPTER--Table of Contents Sec. 18b.62 Official notice. Where official notice is taken or is to be taken of a material fact not appearing in the evidence of record, any party, on timely request, shall be afforded an opportunity to show the contrary. ...


part) a public document, such as an official report, decision, opinion, or published scientific or economic statistical data issued by any of the executive departments (or...


taken to any ruling of the presiding officer rejecting or excluding proffered oral testimony shall consist of a statement of the substance of the evidence which...


officer may not be appealed to the reviewing authority prior to consideration of the entire proceeding except with the consent of the presiding officer and where the...


the official reporter for all hearings. The official transcripts of testimony taken, together with any exhibits, briefs, or memoranda of law filed therewith shall be...


all papers and requests filed in the proceedings, except the correspondence section of the docket, including rulings and any recommended or initial decision shall constitute...


officer shall fix the time for filing posthearing briefs, which may contain proposed findings of fact and conclusions of law, and, if permitted, reply briefs. ...


briefs has expired, the presiding officer shall certify the entire record, including recommended findings and proposed decision, to the reviewing authority; or if...


the mailing of an initial or recommended decision, any party may file exceptions to the decision, stating reasons therefor, with the reviewing authority. Any other party may file...


examiner who makes an initial decision, if no exceptions thereto are filed within the 20- day period specified in Sec. 18b.72, such decision shall become the final decision...


argue a case orally on exceptions or replies to exceptions to an initial or recommended decision, the party shall make such request in writing. The reviewing authority may...


a final decision pursuant to Sec. 18b.73(a), or within 20 days of the mailing of a final decision referred to in Sec. 18b.73(b), as the case may be, a party may...


and decisions referred to in Secs. 18b.70 through 18b.76 shall be served upon amici curiae at the same times and in the same manner required for service on parties....


judge or reviewing authority that a school or training establishment is not in compliance will be referred by the reviewing authority to the Secretary for approval...


with honor and dignity and observe judicial standards of practice and ethics in all proceedings. They should not indulge in offensive personalities,...


any interested person to attempt to sway the judgment of the reviewing authority by undertaking to bring pressure or influence to bear upon the reviewing authority or...


work with the reviewing authority who perform no investigative or prosecuting function in connection with a proceeding shall communicate ex parte with the reviewing authority...


pending before the reviewing authority or the presiding officer are deemed communications on the merits, and are improper except when forwarded from parties to a...


about the status of a proceeding without discussing issues or expressing points of view is not deemed an ex parte communication. Such requests should be directed to...


writing received by the Secretary, the reviewing authority, or by the presiding officer, shall be made public by placing it in the correspondence file of...


[Code of Federal Regulations] [Title 38, Volume 2] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR19.1] [Page 62] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS (CONTINUED) PART 19--BOARD OF VETERANS' APPEALS: APPEALS REGULATIONS--Table of Contents Subpart A--Operation of the Board of Veterans' Appeals Sec. 19.1 Establishment of the Board. The Board of Veterans' Appeals is established by authority of, and functions pursuant to, title 38, United States Code, chapter 71. ...


of a Chairman, Vice Chairman, Deputy Vice Chairmen, Members and professional, administrative, clerical and stenographic personnel. Deputy Vice Chairmen are Members of the...


may assign a proceeding instituted before the Board, including any motion, to an individual Member or to a panel of three or more Members for adjudication or other...


of the Board are to make determinations of appellate jurisdiction, consider all applications on appeal properly before it, conduct hearings on appeal, evaluate the evidence...


consideration of appeals, the Board is bound by applicable statutes, regulations of the Department of Veterans Affairs, and precedent opinions of the General Counsel of the...


The appellant will not be presumed to be in agreement with any statement of fact contained in a Statement of the Case to which no exception is taken. Decisions of the...


claims. The content of the Board's decision, remand, or order in appeals involving a simultaneously contested claim will be limited to information...


of the evidence, correction of a procedural defect, or any other action is essential for a proper appellate decision, a Board Member or panel of Members may: ...


When a motion for reconsideration is allowed, the Chairman will assign a panel of three or more Members of the Board, which may include the Chairman, to conduct...


of the Board will disqualify himself or herself in a hearing or decision on an appeal if that appeal involves a determination in which he or she participated or had...


Veterans' Appeals. The Chairman and/or Vice Chairman have authority delegated by the Secretary of Veterans Affairs to: (a) Approve the assumption of...


(a) The authority exercised by the Chairman of the Board of Veterans' Appeals described in Secs. 19.3(b), 19.3(c), and 19.12(c) of this part may also be exercised by the Vice Chairman...


appeal. The claimant and his or her representative, if any, will be informed of appellate rights provided by 38 U.S.C. chapters 71 and 72, including the...


Disagreement. When a Notice of Disagreement is timely filed, the agency of original jurisdiction must reexamine the claim and determine if additional review...


agency of original jurisdiction. If, within the agency of original jurisdiction, there is a question as to the adequacy of a Notice of Disagreement, the procedures for...


by claimant or representative. Whether a Notice of Disagreement is adequate is an appealable issue. If the claimant or his or her representative protests...


Case must be complete enough to allow the appellant to present written and/or oral arguments before the Board of Veterans' Appeals. It must contain: (a) A summary of...


filing a Substantive Appeal. (a) To whom the Statement of the Case is furnished. The Statement of the Case will be forwarded to the appellant at the latest address...


Purpose and limitations. A ``Supplemental Statement of the Case,'' so identified, is a document prepared by the agency of original jurisdiction to inform the appellant of any...


the Case. The agency of original jurisdiction may close the appeal without notice to an appellant or his or her representative for failure to respond to a...


questioned within the agency of original jurisdiction. If, within the agency of original jurisdiction, there is a question as to the timely filing of a Notice...


was not timely filed protested by claimant or representative. Whether a Notice of Disagreement or Substantive Appeal has been filed on time is an appealable...


a timely Substantive Appeal, the agency of original jurisdiction will certify the case to the Board of Veterans' Appeals. Certification is accomplished by the completion of VA...


appellate record. When an appeal is certified to the Board of Veterans' Appeals for appellate review and the appellate record is transferred to the Board,...


agency of original jurisdiction after an appeal has been initiated. (a) Evidence received prior to transfer of records to Board of Veterans' Appeals. Evidence received...


When a case is remanded by the Board of Veterans' Appeals, the agency of original jurisdiction will complete the additional development of the evidence...


administrative appeal from an agency of original jurisdiction determination is an appeal taken by an official of the Department of Veterans Affairs authorized to do so to resolve...


filing. The Secretary of Veterans Affairs authorizes certain officials of the Department of Veterans Affairs to file administrative appeals within specified...


When an administrative appeal is entered, the claimant and his or her representative, if any, will be promptly furnished a copy of the memorandum entitled ``Administrative...


If an administrative appeal is taken from a review or determination by the agency of original jurisdiction pursuant to Secs. 19.50 and 19.51 of...


Field hearing docket. Hearings on appeal held at Department of Veterans Affairs field facilities will be scheduled for each area served by a regional office...


Notice of time and place of hearing before the Board of Veterans' Appeals at Department of Veterans Affairs field facilities. The agency of original jurisdiction...


All interested parties will be specifically notified of the action taken by the agency of original jurisdiction in a simultaneously contested claim and of the...


simultaneously contested claims. Upon the filing of a Notice of Disagreement in a simultaneously contested claim, all interested parties and their representatives...


claims. When a Substantive Appeal is filed in a simultaneously contested claim, the content of the Substantive Appeal will be furnished to the other...


These rules establish the practices and procedures governing appeals to the Board of Veterans' Appeals. (Authority: 38 U.S.C. 501(a), 7102,...


instance there is no applicable rule or procedure, the Chairman may prescribe a procedure which is consistent with the provisions of title 38, United States Code, and...


original jurisdiction means the Department of Veterans Affairs regional office, medical center, clinic, cemetery, or other Department of Veterans Affairs facility which made the...


(a) Name. The name of the Board is the Board of Veterans' Appeals. (b) Business hours. The Board is open during business hours on all days except Saturday, Sunday and...


law and fact necessary to a decision by the Secretary of Veterans Affairs under a law that affects the provision of benefits by the Secretary to veterans or their...


exercised by the Chairman of the Board of Veterans' Appeals described in Rule 900(c) (Sec. 20.900(c) of this part) MAY ALSO be exercised by the Vice Chairman of the Board. ...


of a timely filed Notice of Disagreement in writing and, after a Statement of the Case has been furnished, a timely filed Substantive Appeal. (Authority: 38...


a claimant or his or her representative expressing dissatisfaction or disagreement with an adjudicative determination by the agency of original jurisdiction and a desire...


consists of a properly completed VA Form 9, ``Appeal to Board of Veterans' Appeals,'' or correspondence containing the necessary information. If the Statement of the Case and...


filed. Only an appellant, or an appellant's authorized representative, may withdraw an appeal. An appeal may be withdrawn as to any or all issues involved in the appeal. ...


The Notice of Disagreement and Substantive Appeal must be filed with the Department of Veterans Affairs office from which the claimant received notice of...


of Disagreement and/or a Substantive Appeal may be filed by a claimant personally, or by his or her representative if a proper Power of Attorney or declaration...


response to Supplemental Statement of the Case. (a) Notice of Disagreement. Except in the case of simultaneously contested claims, a claimant, or his or...


Supplemental Statement of the Case. An extension of the 60-day period for filing a Substantive Appeal, or the 60-day period for responding to a Supplemental Statement of...


Except as provided in Rule 302(b) (Sec. 20.302(b) of this part), the filing of additional evidence after receipt of notice of an adverse determination does not extend...


postmark date. When these Rules require that any written document be filed within a specified period of time, a response postmarked prior to expiration of the applicable time limit...


this part), the legal holidays, in addition to any other day appointed as a holiday by the President or the Congress of the United States, are as follows: New...


appeal. When an official of the Department of Veterans Affairs enters an administrative appeal, the claimant and his or her representative, if...


appellate rights. (a) Merged appeal. If the administrative appeal is merged, the appellate decision on the merged appeal will constitute final disposition...


In a simultaneously contested claim, any claimant or representative of a claimant may file a Notice of Disagreement or Substantive Appeal within the time...


and response to Supplemental Statement of the Case in simultaneously contested claims. (a) Notice of Disagreement. In simultaneously...


in a simultaneously contested claim. A party to a simultaneously contested claim may file a brief or argument in answer to a Substantive Appeal filed by...


contested claims. An extension of the 30-day period to file a Substantive Appeal in simultaneously contested claims may be granted if good cause is...


claims. Notices in simultaneously contested claims will be forwarded to the last address of record of the parties concerned and such action will...


access to medical records relating to drug abuse, alcoholism, alcohol abuse, sickle cell anemia, or infection with the human immunodeficiency virus, also see 38...


be prosecuted at any one time by only one recognized organization, attorney, agent or other person properly designated to represent the appellant. (Authority: 38...


designate a recognized organization as his or her representative, an appellant must execute a VA Form 21-22, ``Appointment of Veterans Service Organization as...


attorney-at-law may be designated as an appellant's representative through a properly executed VA Form 22a, ``Appointment of Attorney or Agent as Claimant's Representative.''...


an agent will be by a duly executed power of attorney, VA Form 22a, ``Appointment of Attorney or Agent as Claimant's Representative,'' or its equivalent. The...


This section applies to representation other than by a recognized organization, an agent admitted to practice before the Department of Veterans Affairs, or an attorney-at-law. ...


of appellant. If it is contemplated that a legal intern, law student, or paralegal will assist in the appeal, written consent must be obtained from the appellant. The...


Subject to the provisions of Sec. 20.1304 of this part, an appellant may revoke a representative's authority to act on his or her behalf at any time, irrespective of whether...


of services prior to certification of an appeal. A representative may withdraw services as representative in an appeal at any time prior to certification of the appeal to...


of Veterans Affairs field personnel and before the Board of Veterans' Appeals. (a) Applicability of rule. The provisions of this section apply...


of Veterans Affairs field personnel and before the Board of Veterans' Appeals. (a) Applicability of rule. The provisions of this section apply...


appeal will be granted if an appellant, or an appellant's representative acting on his or her behalf, expresses a desire to appear in person. (b) Purpose of hearing....


his or her authorized representative may appear and present argument in support of an appeal. At the request of an appellant, a Veterans Benefits Counselor of the Department...


Veterans' Appeals in Washington, DC. (a) General. To the extent that officials scheduling hearings for the Board of Veterans' Appeals determine that necessary...


Department of Veterans Affairs field facility may be requested. An appellant, or an appellant's representative, may request a hearing before the Board of Veterans' Appeals at...


Veterans' Appeals at Department of Veterans Affairs field facilities. (a) General. Hearings are conducted by a Member or Members of the Board of Veterans'...


the Board of Veterans' Appeals may be held in one of the following places at the option of the appellant: (a) In Washington, DC, or (b) At a Department of...


of a hearing panel is responsible for the conduct of the hearing, administration of the oath or affirmation, and for ruling on questions of procedure. The presiding Member...


The Member or panel to whom a proceeding is assigned under Sec. 19.3 of this part shall conduct any hearing before the Board in connection with that proceeding. Where...


may request a prehearing conference with the presiding Member of a hearing to clarify the issues to be considered at a hearing on appeal, obtain rulings on...


If it appears during the course of a hearing that additional evidence would assist in the review of the questions at issue, the presiding Member may direct that the record...


her representative, may arrange for the production of any tangible evidence or the voluntary appearance of any witnesses desired. When necessary evidence cannot be obtained in...


to hearings not reimbursable by the Government. No expenses incurred by an appellant, representative, or witness incident to attendance at a hearing may be paid by...


(a) General. If a hearing is scheduled for any party to a simultaneously contested claim, the other contesting claimants and their representatives, if [[Page...


hearing before a Member or panel of Members of the Board, whether held in Washington, DC, or at a Department of Veterans Affairs field facility, will be recorded on...


An appellant or representative may record the hearing with his or her own equipment. Filming, videotaping or televising the hearing may only be authorized when prior written...


file at the Board of Veterans' Appeals or a transcript prepared by the Board of Veterans' Appeals is the only official record of a hearing before the Board. Alternate...


(a) Motion for new hearing. In the event that a hearing has not been recorded in whole or in part due to equipment failure or other cause, or the official...


Subject to the limitations set forth in Rule 1304 (Sec. 20.1304 of this part), an appellant may submit additional evidence, or information as to the availability...


of appeals. Applications for review on appeal are docketed in the order in which they are received. Cases returned to the Board following action pursuant to a remand assume...


(a) Opinion from the Veterans Health Administration. The Board may obtain a medical opinion from an appropriate health care professional in the Veterans Health Administration of...


The appellant or representative may request that the Board obtain an opinion under Rule 901 (Sec. 20.901 of this part). The request must be in writing. It will be granted upon...


the Board and opportunity for response. (a) If the Board obtains a legal or medical opinion. If the Board requests an opinion pursuant to Rule 901 (Sec. 20.901 of...


vacated by the Board of Veterans' Appeals at any time upon request of the appellant or his or her representative, or on the Board's own motion, on the following grounds: ...


an appellate decision may be accorded at any time by the Board of Veterans' Appeals on motion by the appellant or his or her representative or on the Board's...


(a) Application requirements. A motion for Reconsideration must be in writing and must include the name of the veteran; the name of the claimant or appellant if other than...


reconsideration has been allowed, a hearing will be granted if an appellant requests a hearing before the Board. The hearing will be held by a Member or Members assigned to...


All decisions of the Board will be stamped with the date of mailing on the face of the decision. Unless the Chairman of the Board orders reconsideration, and with the...


the Board of Veterans' Appeals which does not affect the merits of the issue or substantive rights of the appellant will be considered harmless and not a basis for vacating...


appeal is not perfected. A determination on a claim by the agency of original jurisdiction of which the claimant is properly notified is final if an appeal is...


on appeal. When a determination of the agency of original jurisdiction is affirmed by the Board of Veterans' Appeals, such determination is subsumed by...


When a claimant requests that a claim be reopened after an appellate decision has been promulgated and submits evidence in support thereof, a determination as to whether such...


during veteran's lifetime. Except with respect to benefits under the provisions of 38 U.S.C. 1311(a)(2), 1318, and certain cases involving individuals...


Privacy Act request is filed under Sec. 1.577 of this chapter by an individual seeking records pertaining to him or her and the relevant records are in the custody of the Board,...


amendment of an appellate decision under the Privacy Act (5 U.S.C. 552a) may be entertained. However, such a request may not be used in lieu of, or to circumvent, the...


involving access to patient information relating to a Department of Veterans Affairs program for, or the treatment of, drug abuse, alcoholism, alcohol abuse, sickle cell...


policy of the Board of Veterans' Appeals for the full text of appellate decisions, Statements of the Case, and Supplemental Statements of the Case to be disclosed to appellants....


An appeal pending before the Board of Veterans' Appeals when the appellant dies will be dismissed. (Authority: 38 U.S.C. 7104(a)) [62 FR 55170, Oct....


Although the Board strives for consistency in issuing its decisions, previously issued Board decisions will be considered binding only with regard to the specific case decided....


or submission of additional evidence following certification of an appeal to the Board of Veterans' Appeals. (a) Request for a change...


Motions to revise Board decisions. Source: 64 FR 2139, Jan. 13, 1999, unless otherwise noted. (a) Review to determine whether clear and unmistakable...


Rule 1402. Inapplicability of other rules. Motions filed under this subpart are not appeals and, except as otherwise [[Page 106]] provided, are not subject...


What constitutes clear and unmistakable error; what does not. (a) General. Clear and unmistakable error is a very specific and rare kind of error. It is the kind...


Rule 1404. Filing and pleading requirements; withdrawal. (a) General. A motion for revision of a decision based on clear and unmistakable error must be in writing, and must...


Rule 1405. Disposition. (a) Docketing and assignment; notification of representative--(1) General. Motions under this subpart will be docketed in the order received and...


Effect of revision; discontinuance or reduction of benefits. (a) General. A decision of the Board that revises a prior Board decision on the grounds of clear...


Motions by the Board. If the Board undertakes, on its own motion, a review pursuant to this subpart, the party to that decision and that party's representative...


Special rules for simultaneously contested claims. In the case of a motion under this subpart to revise a final Board decision in a simultaneously contested claim, as...


Rule 1409. Finality and appeal. (a) A decision on a motion filed by a party or initiated by the Board pursuant to this subpart will be stamped with the date of mailing on...


Stays pending court action. The Board will stay its consideration of a motion under this subpart upon receiving notice that the Board decision that is the subject of...


Rule 1411. Relationship to other statutes. (a) The ``benefit of the doubt'' rule of 38 U.S.C. 5107(b) does not apply to the Board's decision, on a motion under this subpart, as...


Authority: 38 U.S.C. 501(a), 3100-3121, unless otherwise noted. Source: 49 FR 40814, Oct. 18, 1984, unless otherwise noted. ...


the Department of Veterans Affairs. (a) Election of benefits required. A veteran must make an election of benefits among the programs of education administered by VA...


service-disabled veteran who is eligible for benefits under Chapter 31, may not receive a subsistence allowance or elect payment of an allowance at the educational assistance...


the Department of Veterans Affairs must be filed for: (a) A program of rehabilitation services, or (b) Employment assistance. (Authority: 38 U.S.C. 501(a),...


intent to apply for rehabilitation or employment assistance, from a veteran, a duly authorized representative, or a Member of Congress may be considered an informal...


provisions of this paragraph are applicable to an original application, formal or informal, for rehabilitation or employment assistance and to a claim for increased...


means an impairment of a veteran's ability to prepare for, obtain, or retain employment consistent with such veteran's abilities, aptitudes, and...


be entitled to a program of rehabilitation services under 38 U.S.C. chapter 31 if all of the following conditions are met: (a) Service-connected disability. (1) The...


entitlement may be provided a program of rehabilitative services during the twelve-year period following discharge. The beginning date of the twelve-year period is the day of...


twelve-year period of eligibility does not begin to run if the veteran was prevented from beginning or continuing a vocational rehabilitation program for one of the...


employment handicap. The basic period of eligibility of a veteran with a serious employment handicap may be extended when the veteran's employment and...


independent living services. The period of eligibility for a veteran to pursue a program of independent living services may be extended beyond the basic...


employment services to veterans eligible for a rehabilitation program under chapter 31. Each veteran, other than one found in need of a program of independent living services...


When a rating action is taken which proposes severance of service- connection or reduction to a noncompensable degree, the provisions of the following...


VA shall provide an initial evaluation to each individual who applies for benefits under chapter 31 if the individual's compensable service-connected disability meets...


proper determination of employment handicap is a critical decision for rehabilitation planning and program accountability. To the extent possible, necessary information shall...


determination of serious employment handicap. A separate determination whether a serious employment handicap exists shall be made in each case in which an employment handicap...


(a) Requirement. The Department of Veterans Affairs shall determine the reasonable feasibility of achieving a vocational goal in each case in which a veteran has either: ...


an extended evaluation for a veteran with a serious employment handicap is to determine the current feasibility of the veteran achieving a vocational goal, when this...


(a) Prior to induction into a program. A determination as to employment handicap, serious employment handicap, or eligibility for a program of...


A veteran may appeal decisions of the Vocational Rehabilitation and Employment staff on eligibility and entitlement to rehabilitation services to the Board of...


the Panel. A Vocational Rehabilitation Panel will be established at each field facility by the facility head. The purpose of the Panel is to provide technical assistance in...


(a) Consultation requested. The panel shall provide technical and consultative services when requested by professional staff of the Vocational Rehabilitation and Employment (VR&C)...


a vocational rehabilitation program is to: (1) Evaluate and improve the veteran's ability to achieve a vocational goal; (2) Provide services needed to qualify for...


General. Rehabilitation to the point of employability may include the services needed to: (1) Evaluate and improve the veteran's ability to undertake training; (2)...


(a) Duration. Employment assistance may be provided to the veteran for the period necessary to enable the veteran [[Page 136]] to secure employment in a suitable...


may be authorized for the period necessary to determine whether the attainment of a vocational goal is currently reasonably feasible for the veteran. The services which may...


living services may be authorized to enable the veteran to: (1) Reach the goals of the program, and (2) Maintain the newly achieved level of independence in...


(a) General. Neither the basic period of entitlement which may be authorized for a program of rehabilitation under Chapter 31 alone, nor a combination of entitlement of Chapter...


(a) General. The determination of entitlement usage for chapter 31 participants is made under the provisions of this section except as provided in paragraph (f) of this...


An IWRP (Individualized Written Rehabilitation Plan) will be developed for each veteran eligible for rehabilitation services under Chapter 31. The plan is intended to...


handicap. Each plan for a veteran with a serious employment handicap shall provide for completion of the program provided by the plan under Chapter 31. The provisions of...


(a) Purpose. The purposes of the IWRP (Individualized Written Rehabilitation Plan) are to: (1) Identify goals and objectives to be achieved by the veteran during the period...


purpose of an IEEP is to identify the services needed for the VA to determine the veteran's current ability to achieve a vocational goal when this cannot reasonably...


The purpose of the IEAP (Individualized Employment Assistance Plan) is to assure that a comprehensive, thoughtful approach is taken, enabling eligible veterans to secure...


The purpose of the IILP is to identify the steps through which a veteran, whose disabilities are so severe that a vocational goal is not currently reasonably feasible, can...


be jointly developed by Department of Veterans Affairs staff and the veteran. (b) Approval of the plan. The terms and conditions of the plan must be approved and agreed to...


psychologist or the vocational rehabilitation specialist may request a change in the plan at any time. (Authority: 38 U.S.C. 3107(b)) (b)...


in reaching the goals of the plan will be reviewed and evaluated as scheduled in the plan by the case manager and the veteran. (b) Comprehensive review required. The...


the plan. (a) General. The veteran may request a review of a proposed, original, or amended plan when Department of Veterans Affairs staff and the veteran do not...


being furnished assistance under Chapter 31 shall be provided professional counseling services by Vocational Rehabilitation and Employment (VR&C) Service and other staff...


(a) Purposes. The purposes of providing educational and vocational training services are to enable a veteran eligible for, and entitled to, services and assistance under Chapter...


institution, and institution. These terms mean any public or private school, secondary school, vocational school, correspondence school, business school,...


means any establishment providing apprentice or other training on the job, including those under the supervision of a college or university or any State department...


is a course which combines training on the job with training in school. For the purpose of VA vocational rehabilitation, a course will be considered to be a...


approvable farm cooperative course is a full-time course designated to restore employability by training a veteran to: (1) Operate a farm which he or she owns or leases; or ...


course by independent study under the following conditions: (a) College level. The course is offered by a college or university. (b) College degree. The course leads to...


course is a course conducted by mail, consisting of a series of written lesson assignments furnished by a school to the student for study and preparation of written...


(a) General. VA may provide educational and vocational courses outside a State if the case manager determines that such training is in the best interest of the veteran...


part of the course. A veteran, having completed a course under Chapter 31 according to the standards and practices of the institution, ordinarily will not pursue it again at the...


under chapter 31 may only be authorized in degree curriculums in the field of aviation that include required flight training. This type of training is otherwise subject to...


(a) General. The purposes of these services are to: (1) Evaluate if the veteran: (i) Has an employment handicap; (ii) Has a serious employment...


basic education means an instructional program for the undereducated adult planned around those basic and specific skills most needed to help him or her to...


(a) General. A vocational course in a sheltered workshop or rehabilitation facility may be an institutional, on-job, or combination course which has...


independent instructor course is a full-time course of vocational training which the veteran pursues with an individual instructor, who, independently of a training institution...


be provided individualized tutorial assistance, if VA determines that special assistance beyond that ordinarily given by the facility to students pursuing the same or a...


veteran considered to have a visual impairment necessitating reader service includes a veteran: (1) Whose best corrected vision is 20/200 in both eyes; (2) Whose...


(a) General. The main purpose of interpreter service for the hearing impaired is to facilitate instructor-student communication. VA will provide interpreter service as necessary for...


veteran, who because of the effects of disability has transportation expenses in addition to those incurred by persons not so disabled, shall be provided a...


shall provide services to a veteran's family which are necessary to the implementation of the veteran's rehabilitation plan. The term family includes the veteran's immediate...


incidental goods and services may be authorized if the case manager determines them to be necessary to implement the veteran's rehabilitation plan. For example, a calculator...


purpose of independent living services is to assist eligible veterans whose ability to function independently in family, community, or employment is so limited by the severity...


(a) Approval of a program of independent living services. A program of independent living services and assistance is approved when: (1) The VA determines...


will be assigned to a specific case status from the point of initial contact until all appropriate steps in the rehabilitation process have been completed. The case...


applicant status are to: (1) Process a veteran's claim for assistance under Chapter 31 in a timely manner; and (2) Identify service-disabled veterans whom VA...


The purpose of evaluation and planning status is to identify veterans for whom evaluation and planing services are needed to: (1) Accomplish an initial evaluation...


ineligible status is to identify the cases in which a veteran requests services under Chapter 31, but the request is denied by VA, usually, on the basis of information...


purposes of extended evaluation status are to: (1) Identify a veteran for whom a period of extended evaluation is needed; and (2) Assure that necessary services...


(a) Purpose. The rehabilitation to the point of employability status serves to: (1) Identify veterans who receive training and rehabilitation services to...


The independent living program status serves to: (1) Identify veterans who are being furnished a program of independent living services by VA; and (2) Assure...


status employment services serves to: (1) Identify veterans who are being furnished employment services; and (2) Assure that these veterans receive necessary services in...


rehabilitated status is to identify those cases in which the goals of a rehabilitation program or a program of employment services have been substantially achieved. ...


of interrupted status is to recognize that a variety of situations may arise in the course of a rehabilitation program in which a temporary suspension of the program is...


of discontinued status is to identify situations in which termination of all services and benefits received under Chapter 31 is necessary. (b) Placement...


are furnished to enable a veteran to pursue rehabilitation and achieve the goals of his or her program. (b) Definition. The term supplies includes books, tools, and...


rehabilitation. (a) Furnishing necessary supplies during a period of rehabilitation services. A veteran will be furnished supplies that are necessary for a program...


A veteran pursuing one of the following types of vocational rehabilitation programs is eligible for any types of supplies listed in Sec. 21.212. The following paragraphs...


be authorized as necessary to enable a veteran to mitigate or overcome the effects of disability in pursuing a rehabilitation program. The major types of special...


by the school or facility. VA will make arrangements for the school or other facility furnishing a veteran training, rehabilitation assistance, or employment under Chapter 31...


items which may be personally used by the veteran. (a) Furnishing protective articles and clothing. Protective articles or apparel worn in place of ordinary...


or damaged supples. VA will replace articles which are necessary to further pursuit of the veteran's program and which are lost, stolen, misplaced, or damaged beyond...


The value of supplies authorized by VA will be repaid under the provisions of this section, when the veteran fails to complete the program as...


the most careful checks by the case manager as to what is needed by the veteran to pursue his or her program. Determinations of the supplies needed to enable the veteran...


Chapter 31 participant shall be furnished medical treatment, care and services which VA determines are necessary to develop, carry out and complete the veteran's...


(a) General. VA medical centers are the primary resources for the provision of medical treatment, care and services for Chapter 31 participants which may be authorized...


services shall be provided if: (1) Eligibility for employment services exists; (2) The employment services which are needed have been identified; and (3)...


General. Job development and placement services may include: (1) Direct placement assistance by VA; (2) Utilization of the job development and placement services of: ...


which may be provided during a period or program of employment services include a broad range of medical treatment, care and services, supplies, license and other...


make payments to employers to enable a veteran who has been rehabilitated to employability to begin and maintain employment or to provide on-job training. The purpose of such...


generally be found to have been accomplished by the veteran when he or she achieves suitable employment in the objective selected, in an existing business, agency...


(a) General. A veteran in a self-employment program is eligible for certain special assistance in addition to the services for which veterans in a vocational...


in a rehabilitation program under 38 U.S.C. Chapter 31 will receive a monthly subsistence allowance at the rates in paragraph (b) of this section, unless the...


supplies, or facilities. (a) General. Whenever services, supplies and facilities from source outside VA are required by any of these regulations,...


rate. (a) Eligibility. A veteran who applies for, and is found entitled to training or education under Chapter 31, may elect to receive payment at...


(a) Hospitalized veteran or serviceperson. A veteran pursuing a VA rehabilitation program under Chapter 31 while hospitalized in a VA medical center or in any...


veteran who completes a period of rehabilitation and reaches the point of employability will be paid an employment adjustment allowance for a period of two months at the...


of instruction. (a) Payment during leave. VA will pay an eligible veteran a subsistence allowance during any period of approved leave including a veteran: ...


who are pursuing a rehabilitation program under chapter 31 on a three-quarter or full-time basis are eligible to receive a work-study allowance. (Authority:...


fund loan. A revolving fund is established to provide advances to veterans who would otherwise be unable to begin or continue in a rehabilitation program without...


contained in this section describe the limitations on payment of subsistence allowance and charges for tuition and fees for: (1) Incarcerated veterans; ...


(a) General. Except as provided in paragraph (b) the effective date of induction of a veteran into a rehabilitation program will be one of the dates provided in Secs....


31 a veteran shall be declared rehabilitated when he or she has overcome the employment handicap to the maximum extent feasible as described in paragraph (c), (d) or (e)...


(a) Reentrance into rehabilitation to the point of employability following a determination of rehabilitation. A veteran who has been found rehabilitated under provisions of Sec....


For the purpose of providing training and rehabilitation services under Chapter 31 VA may: (1) Use facilities, staff and other resources of VA; (2) Employ...


those courses approved by the Department of Veterans Affairs shall be utilized to provide training and rehabilitation services under Chapter 31. (Authority: 38...


(a) Criteria the facility must meet. In addition to approval of the courses offered, all facilities which provide training and rehabilitation services under Chapter 31 must...


(a) Additional criteria for selecting a training establishment. In addition to meeting all of the requirements of Sec. 21.294 the training establishment must: (1)...


A farm selected for farm cooperative training must be under the control of the veteran by ownership, lease or other written tenure arrangement. If the veteran...


at no or nominal pay. (a) Types of facilities which may be used to provide training. Notwithstanding any other provision of regulations governing chapter...


(a) Programs offered at educational institutions. This section provides policy for determining the full-time and part-time rate of pursuit of a rehabilitation program by a...


that a veteran with reduced work tolerance is pursuing a rehabilitation program full-time when the amount of time the veteran is devoting to his or her program is as great as...


A veteran is required to pursue a rehabilitation program at a rate which meets the requirement for full- or part-time participation described in Secs. 21.310 and 21.312. However,...


services. Awards providing for payment of a subsistence allowance and authorization of services necessary for rehabilitation may be prepared when an...


(a) General. VA will determine the commencing date of an award or increased award of subsistence allowance under this section. VA will not authorize subsistence allowance for any...


(a) General. The effective date of the reduction of the amount paid or termination of payment of subsistance allowance will be the earliest of the dates specified in...


of employment services shall be based upon the services identified and goals established in an IEAP (Individualized Employment Assistance Plan) under provisions...


a marriage are veterans, and if each is receiving either subsistence allowance for a vocational rehabilitation program or an educational assistance allowance under another...


will apportion subsistence allowance in accordance with Sec. 3.451 of this title, subject to the limitations of Sec. 3.458 of this [[Page 195]] title. If...


the end of the month, VA shall pay to an eligible veteran enrolled in a rehabilitation program, subsistence allowance at the rates specified in Sec. 21.260 for the type...


Election. When the veteran elects payment of an allowance at the chapter 30 rate, the effective dates for commencement, reduction and termination of the allowance shall be in...


of absence under certain conditions. During approved leaves of absence, a veteran in receipt of subsistence allowance shall be considered to be pursuing a...


veteran pursuing one of the programs listed in Sec. 21.340(a) may be authorized up to 30 days of leave by the case manager during a twelve-month period. The beginning date of the...


(a) Approval of leaves of absence required. Leaves of absence normally must be approved in advance by the case manager when the facility offering training or...


(a) Approval of leave of absence not required. A veteran may receive subsistence allowance, during a period when the facility temporarily is not...


(a) Leave following completion of training or rehabilitation services. Leave may not be approved following completion of a period of...


to obtain an authorized leave of absence in advance may seek to have the unauthorized absence excused. (a) Excusing unauthorized absences. VA may excuse an...


successful development and implementation of a program of rehabilitation services require the full and effective participation of the veteran in the rehabilitation process. ...


General. If VA determines that a veteran has failed to maintain satisfactory conduct or cooperation, VA may, after determining that all reasonable counseling efforts have been made...


(a) Introduction. VA may authorize transportation expenses for intraregional travel to a veteran in a rehabilitation program or a program of employment services for the...


(a) Introduction. A veteran may need to transfer from the jurisdiction of one VA facility to another in order to accomplish rehabilitation. This section states the conditions...


for attendants. The services of an attendant to accompany a veteran while traveling for rehabilitation purposes may be provided when such services are necessitated by the severity...


When VA asks a disabled veteran to report to a designated place for an initial evaluation, reevaluation or counseling (including personal or vocational...


Chapter 31. (a) General. Notwithstanding any other provision of law or regulation, VA shall establish qualification standards for VBA personnel...


Chapter 31. (a) General. VA shall provide a program of ongoing professional training and development for staff of the VR&E Service engaged in...


(a) General. VA shall carry out an ongoing program of activities for the purpose of advancing the knowledge, methods, techniques, and resources available for use in...


(a) General. The Secretary shall appoint an advisory committee to be known as the Veterans' Advisory Committee on Rehabilitation. (b) Purpose. The purposes of the Veterans'...


Rehabilitation. (a) Consultation with the Secretary. The Secretary shall regularly, but not less than twice yearly, consult with and seek the advice of the...


to the Under Secretary for Benefits to make findings and decisions under 38 U.S.C. chapter 31 and regulations, precedents, and instructions that affect...


The decision of a VA facility in a given veteran's case: (1) Will be final and binding upon all field stations of VA as to conclusions based on evidence on file...


which an action is based is subject to the following regulations: (a) Clear and unmistakable error, Sec. 3.105(a); (b) Difference of opinion, Sec. 3.105(b); ...


a veteran in writing of findings affecting receipt of benefits and services under Chapter 31. This includes veterans: (1) Requesting benefits and services; or ...


a dependent. (a) Notice of reduction required when a veteran loses a dependent. (1) Except as provided in paragraph (a)(2) of this section, VA will not reduce an...


rehabilitation services. (a) General. VA shall maintain policies and procedures which provide accountability in the authorization and payment of program costs...


51, unless otherwise noted. Editorial Note: The regulations formerly appearing under this subpart were revoked at 30 FR 14103, Nov. 9, 1965. That order provided in...


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...


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...


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...


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


Survivors' and Dependents' Educational Assistance Program. Subpart D of this part applies to the Survivors' and Dependents' Educational Assistance...


The program of educational assistance under 38 U.S.C. Chapter 35 captioned Survivors' and Dependents' Educational Assistance, may be referred to...


Definitions. (a) Eligible person means: (1) A child of a: (i) Veteran who died of a service-connected disability. (ii) Veteran who died while having...


by VA. A person who is eligible for educational assistance under 38 U.S.C. chapter 35 and is also eligible for assistance under any of...


Nonduplication; pension, compensation, and dependency and indemnity compensation. (a) Child; age 18. A child who is eligible for educational assistance and who is...


Employees' Compensation Act. (a) Civilian employment. The provisions of this paragraph are applicable to cases where there is eligibility for benefits from...


Nonduplication; Federal programs. Payment of subsistence allowance and special training allowance is prohibited to an otherwise eligible person-- [[Page 215]] ...


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) Commencement. A program of education or special restorative training may not be afforded prior to the eligible person's 18th birthday or the completion...


Periods of eligibility; child. (a) Basic beginning date. The basic beginning date of an eligible child's period of eligibility is his or her 18th birthday or...


Armed Forces. (a) No educational assistance under 38 U.S.C. chapter 35 may be provided an otherwise eligible person during any period he or she is on duty with...


Suspension of program; child. For an eligible person who suspends his program due to conditions determined by the Department of Veterans Affairs to have been beyond his...


(a) Limitations on entitlement. Each eligible person in entitled to educational assistance not in excess of 45 months, or the equivalent thereof in...


Entitlement charges. VA will make charges against an eligible person's entitlement only when required by this section. Charges for institutional training will be based...


Periods of eligibility; spouses and surviving spouses. This section states how VA will compute the beginning date, the ending date and the length of a spouse's or...


Extended period of eligibility due to physical or mental disability. (a) General. (1) An eligible spouse or surviving spouse shall be granted an extension of the...


Counseling. (a) Purpose of counseling. The purpose of counseling is to assist: (1) In selecting an educational or training objective; (Authority: 38...


(a) Child. The VA counseling psychologist will provide counseling and assist in preparing the educational plan only if the eligible child or his or...


cooperate. VA will not act further on an eligible person's application for assistance under 38 U.S.C. chapter 35 when counseling is required for him or her and...


(a) Initial counseling. A counseling psychologist in the Vocational Rehabilitation and Employment Division will counsel a disabled child, spouse, or...


Travel expenses. (a) General. VA shall determine and pay the necessary expense of travel to and from the place of counseling for an eligible person who is required to...


(a) Approval of a program of education. VA will approve a program of education selected by an eligible person if: (1) The program is described in...


Rates--educational assistance allowance--38 U.S.C. chapter 35. (a) Rates. Except as provided in Sec. 21.3132, educational assistance allowance is payable at the following...


Reductions in survivors' and dependents' educational assistance. The monthly rates established in Sec. 21.3131 shall be reduced as stated in this section whenever...


(a) Release of payments and payment procedures. In determining whether payments of educational assistance allowance may be made in a lump sum, in advance,...


Reduction or discontinuance dates for awards of educational assistance allowance. The reduction or discontinuance date of an award of educational assistance will be as...


Special restorative training. (a) Purpose of special restorative training. The Department of Veterans Affairs may prescribe special restorative training where needed...


Need. (a) Determination of need. When special restorative training has been requested or is being considered for a handicapped child, a counseling psychologist will...


(a) Agreements to provide training. The Department of Veterans Affairs may make agreements with public or private educational institutions or others to...


Extent of training. (a) Length of special restorative training. Ordinarily, special restorative training may not exceed 12 months. When the counseling psychologist,...


training. (a) General. A vocational rehabilitation specialist will provide the professional and technical assistance needed by the eligible child in...


``Interrupted'' status. (a) Special restorative training should be uninterrupted. An eligible child once entered into special restorative training should pursue his or...


interruption. When a course of special restorative training has been interrupted and the eligible child presents himself or herself for reentrance,...


(a) Placement in ``discontinued'' status. If reentrance from interrupted status into a program of special restorative training is not approved by...


Payments. (a) Payments will be made to the person designated to receive the payments under the provisions of Sec. 21.3133(b). (b) VA will pay special training...


The commencing date of an authorization of a special training allowance will be the date of entrance or reentrance into the prescribed course of...


VA will discontinue special training allowance as provided in this section on the earliest date of the following: (a) The ending date of the...


Rates. (a) Rates. Special training allowance is payable at the following monthly rates, except as provided in paragraph (c) of this section. (1) For special...


for the educationally disadvantaged. (a) Enrollment. VA may approve the enrollment of an eligible person in an appropriate course or courses at the secondary...


2141 note, ch. 1606; 38 U.S.C. 501(a), chs. 30, 32, 34, 35, 36, unless otherwise noted. Source: 31 FR 6774, May 6, 1966, unless otherwise noted. ...


constituted agency of original jurisdiction on which an action was predicated will be final and binding upon all field offices of the Department of Veterans Affairs as...


on which an action was predicated will be subject to the following sections: (a) Clear and unmistakable error, Sec. 3.105(a) of this chapter; [[Page 239]] ...


officer or employee of VA will be immediately dismissed from his or her office or employment, if while such an officer or employee he or she has owned any interest in, or received...


not be based on false statements. Except as provided in this section payments may not be authorized based on a claim where it is found that the school or any person has...


to receive educational assistance allowance or special training allowance are subject to forfeiture under the provisions of Secs. 3.900, 3.901 (except paragraph (c)),...


course may be withdrawn, and overpayments may exist or be created, the Department of Veterans Affairs may suspend further payments to veterans or eligible persons enrolled in the...


The amount of the overpayment of educational assistance allowance or special training allowance paid to a veteran or eligible person constitutes a liability of that veteran...


two or more programs. The aggregate period for which any person may receive assistance under two or more of the following laws may not exceed 48 months (or the...


A veteran or eligible person who is eligible for education or training benefits under more than one of the provisions of law listed in this paragraph based on his or her own service...


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...


reduction or discontinuance of educational assistance allowance will be as specified in this section. If more than one type of reduction or discontinuance is involved, the earliest...


(a) General. VA will not pay benefits to an individual for a course from which the individual withdraws or receives a nonpunitive grade which is not used in computing...


Advance payments. (1) VA will make payments of educational assistance in advance when: (i) The veteran, servicemember, reservist, or eligible person has specifically...


veteran or reservist pursuing a program of education under either 38 U.S.C. chapter 30 or 32 or 10 U.S.C. chapter 1606 at a rate of three-quarter time or full time is eligible...


Section 5301(a), Title 38 U.S.C., provides that payments of benefits due or to become due under the laws administered by the Department of Veterans Affairs shall not be...


is requested to create or designate a State department or agency as the State approving agency for his State, for the purpose of assuming the responsibilities delegated to...


and the State approving agencies will take cognizance of the fact that definite duties, functions and responsibilities are conferred upon each of them. To assure...


of educational institutions and State agencies generally prohibited. No department, agency, or officer of the United States will exercise any supervision or control over any...


be reimbursed under contract--(1) Scope of contracts. (i) If a State or local agency requests payment for service contemplated by law, and submits information prescribed in...


must report their activities. Each State approving agency entering into a contract or agreement under Sec. 21.4153 of this part must submit a report of its activities to...


(a) Annual evaluations required. (1) VA shall conduct in conjunction with State approving agencies an annual evaluation of each State approving agency. The evaluation shall...


The terms school, educational institution and institution mean: (1) A vocational school or business school; (2) A junior college, teachers'...


support. (a) General. Except as otherwise provided in this section the Department of Veterans Affairs shall not approve an enrollment in any course...


(c) Restrictions; proprietary schools. Enrollment will not be approved for any veteran or eligible person under the provisions of Chapter 34 or 35 respectively,...


reports required by this paragraph shall be in a form specified by the Secretary. (1) Except as provided in paragraph (a)(2) of this section each educational...


is payable on the basis of a required certification concerning the pursuit of a course during the reporting period. (a) Reports by eligible persons. An...


institution furnishing education or each joint apprenticeship training committee acting as a training establishment under 10 U.S.C. Chapter 1606 or 38 U.S.C....


records. Notwithstanding any other provision of law, educational institutions must make the following records and accounts available to authorized Government representatives: ...


and of enrollments or reenrollments for pursuit of approved courses. (a) Overview. (1) VA may pay educational assistance to an individual eligible for...


Allowances. (a) Authority. VA is authorized by 38 U.S.C. 3690 to discontinue educational benefits to veterans, servicemembers, reservists, or eligible...


(a) Form and content of referral to Committee. When the Director of the VA facility of jurisdiction refers a case to the Committee on Educational Allowances, as provided in...


(a) Content of hearing notice. In any case referred to the Committee on Educational Allowances for consideration, a hearing will be held. If, as provided in...


(a) Rule 1. The Chairperson of the Committee on Educational Allowances will be in charge of the proceedings, will administer oaths or affirmations...


(a) Decision. The Director of the VA facility of jurisdiction will render a [[Page 282]] written decision on the issue of discontinuance of payments of...


(a) Decision is subject to review by Director, Education Service. A review by the Director, Education Service of a decision of a Director of a VA facility...


(a) Eligibility requirements for specialized vocational training. (1) The Department of Veterans Affairs may provide a program of a specialized course of vocational training...


a combination of courses with instruction offered by a school alternating with instruction in a business or industrial establishment (a cooperative course); courses offered...


provided in paragraph (a)(2) of this section, a change of program consists of a change in the educational professional or vocational objective for which the veteran or...


eligible person may receive supplemental monetary assistance to provide tutorial services if he or she: (1) Is pursuing a post-secondary educational program on a...


education, including the class schedules of a resident course (other than a flight course) not leading to a standard college degree, offered by a school must be approved by the...


(a) Definitions. The following definitions apply to the terms used in this section. The definitions in Sec. 21.4200 apply to the extent that no...


Enrollment will not be approved in any bartending or personality development course. (b) Avocational and recreational. Enrollment will not be approved in...


be approved as an accredited course if it meets one of the following requirements: (1) The course has been accredited and approved by a nationally recognized...


are courses which are not approved as accredited courses and which are offered by a public or private, profit or nonprofit, educational institution. These...


refund policy. A refund policy meets the requirements of Sec. 21.4254(c)(13), if it provides that the amount charged for tuition, fees, and other charges for a portion of...


of correspondence programs and courses. (1) An educational institution desiring to enroll veterans under 38 U.S.C. chapter 30 or 32, spouses and/or surviving spouses under...


[Code of Federal Regulations] [Title 38, Volume 2] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR21.4257] [Page 301] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS (CONTINUED) PART 21--VOCATIONAL REHABILITATION AND EDUCATION--Table of Contents Subpart D--Administration of Educational Assistance Programs Sec. 21.4257 Cooperative courses. A cooperative course may be approved when the course meets the requirement of Sec. 21.4233(a). ...


upon determining that a school has complied with all the requirements for approval will notify the school by letter setting forth the courses which have been approved, and...


approving agency, after approving any course: (1) May suspend the approval of the course for new enrollments for a period not to exceed 60 days to allow the institution...


postsecondary courses in foreign countries. (1) In order to be [[Page 303]] approved a postsecondary course offered in a foreign country must meet all the...


is any training on-the-job course which has been established as an apprentice course by a training establishment as defined in Sec. 21.4200(c) and which has been approved...


``other training on-the-job'' course is any training on the job which does not qualify as an apprentice course, as defined in Sec. 21.4261, but which otherwise meets...


flight school or institution of higher learning are the only entities that can offer flight courses. A State approving agency may approve a flight course only if a flight school or...


a farm cooperative course. A farm cooperative course is an institutional agricultural course. It provides training on a reduced basis to those engaged in farming, compared to...


on-job training. (a) Medical-dental internships and residencies. (1) Medical residencies (other than residencies in podiatric medicine), dental residencies,...


(a) General. A State approving agency in approving a course offered at a subsidiary branch or extension of an educational institution may either approve the course...


as provided in Secs. 21.4252(g), 21.7120(c), and 21.7622(f), VA may not pay educational assistance for a nonaccredited course which is offered in whole or in part by...


trade, technical, and high school courses. Trade, technical, high school, and high school preparatory courses shall be measured as stated in this paragraph. (1) Trade...


college level course in an institution of higher learning on a credit-hour basis provided all the conditions under paragraph (a) or (b) of this section are met. See also...


Department of Veterans Affairs will measure a nonaccredited graduate or advanced professional course (other than a law course) as provided in Sec. 21.4272. The Department...


accredited law school leading to a standard professional law degree will be assessed as provided in Sec. 21.4273(a). (b) Nonaccredited. A law course leading to a...


and dental residencies and osteopathic internships and residencies. VA will measure medical and dental residencies, and osteopathic internships and residencies as provided in...


(a) Satisfactory pursuit of program. Entitlement to benefits for a program of education is subject to the requirement that the veteran or eligible person,...


reentrance after discontinuance. A veteran or eligible person may be reentered following discontinuance because of unsatisfactory conduct, progress or attendance only...


(a) Requirements for pursuit. A program of education may be pursued partly in residence and partly by correspondence for the attainment of a predetermined and identified...


otherwise noted. (a) General. These definitions shall be applicable for subpart F of part 21. (b) Education loan. A loan made by the Department of...


shall be eligible to receive an education loan if he or she meets the criteria of this section. (Authority: 38 U.S.C. 3512(f), 3698) (b)...


make an application for an education loan in the manner prescribed and upon the forms prescribed by the Department of Veterans Affairs. The Department of Veterans...


education loan shall be computed by: (1) Determining the total amount of financial resources of the eligible [[Page 326]] spouse or surviving spouse, as defined...


pursuant to 38 U.S.C. 3512(f) and 3698 to any eligible spouse or surviving spouse shall be in the form of a promissory note which shall include: (1) The full amount of...


Veterans Affairs shall be made by a check payable to the eligible spouse or surviving spouse and shall be mailed promptly to the educational institution in which the...


shall include a statement in advertisements or brochures intended to solicit students as to the availability of education loans from the Department of...


benefits: 38 U.S.C. Chapter 32. Authority: 38 U.S.C. 501(a), chs. 32, 36, unless otherwise noted. Source: 45 FR 31, Jan. 2, 1980, unless...


veterans' educational assistance. Title 38 U.S.C. Chapter 32 provides for a participatory program for educational assistance benefits to eligible veterans...


Definitions. For the purpose of subpart G and payment of Chapter 32 benefits the following definitions apply: (a) Veteran--means anyone whose service meets...


more than one program. (a) Concurrent benefits under more than one program. An individual may not receive educational assistance under 38 U.S.C. Chapter...


programs. An individual may not receive educational assistance allowance under 38 U.S.C. Chapter 32, if the individual is: (a) On active duty and...


Applications, claims, and time limits. (a) To become a participant an individual must apply to his or her Service Department on forms prescribed by the Service Department...


Basic eligibility. (a) Individuals not on active duty. Whether an individual has basic eligibility under 38 U.S.C. Chapter 32 for educational assistance depends upon when...


entitlement. (a) Ten-year delimiting period. Except as provided in Sec. 21.5042 no educational assistance shall be afforded an eligible individual under chapter...


Extended period of eligibility. (a) General. A veteran shall be granted an extension of the applicable delimiting period, as otherwise determined by Sec. 21.5041 of this...


Application requirements for participation. (a) An individual, who is otherwise eligible to become a participant, must apply to the Service Department under which he or...


Contribution requirements. (a) Minimum period of participation. Each individual who agrees to participate must do so for a minimum period of 12 consecutive months, unless...


contributions (Persian Gulf War). (a) Restoration of contributions when no entitlement is charged. If the provisions of Sec. 21.5072(i) require that a...


participation. (a) General. An individual may participate after December 31, 1976. An individual was not eligible for benefits before July 1, 1977, unless...


Resumption of participation. (a) General. An eligible individual, who remains otherwise eligible, may resume active contribution to the fund, if he or she has: ...


(a) Voluntary disenrollment. (1) An individual may disenroll at anytime after the initial 12 months of participation. (2) At any time within the initial...


disenrollment. An individual will be disenrolled effective: (a) The date the Department of Veterans Affairs or the Service Department determines he or she has...


Refund upon disenrollment. (a) General. A disenrolled individual will be refunded all contributions made by him or her to the fund. He or she will be ineligible to...


Refunds without disenrollment. (a) Refunds made without disenrollment following a discharge or release under dishonorable conditions--(1) A discharge or release...


Suspension of participation. An individual may suspend participation in the program without [[Page 342]] disenrolling. If the individual suspends participation, he...


participant. (a) Disposition of unused contributions. If an individual dies, the Department of Veterans Affairs shall pay the amount of his or her unused...


A participant is entitled to a monthly benefit for periods of time during which the individual is enrolled in, and satisfactorily pursuing, an approved program...


Months of entitlement allowed. (a) Entitlement based on monthly contributions. The Department of Veterans Affairs will credit an individual with 1 month of entitlement...


Entitlement charge. The Department of Veterans Affairs shall determine the entitlement charge for each payment in the same manner for all individuals regardless of...


cases. (a) Overpayment cases. VA will make a charge against an individual's entitlement of an overpayment of educational assistance allowance...


Interruption to conserve entitlement. (a) Interruption to conserve entitlement generally prohibited. No one may interrupt a certified period of enrollment for the purpose...


(a) Purpose. The purpose of counseling is: (1) To assist in selecting an objective: (2) To develop a suitable program of education or training; and ...


Travel expenses. (a) General. VA shall determine and pay the necessary expense of travel to and from the place of counseling for a veteran who is required to...


assistance allowance. VA will apply the following sections in administering benefits payable under 38 U.S.C. Chapter 32: (a) Section...


allowance. VA will pay educational assistance allowance at the rate specified in Secs. 21.5136 and 21.5138 of this part while the individual is...


in determining benefit payments. (a) Training time. The amount of benefit payment to an individual in all types of training except cooperative training,...


Certifications and release of payments. An individual must be pursuing a program of education in order to receive payments. To ensure that this is the case, the provisions...


paying benefits to servicepersons. The Department of Veterans Affairs may not pay benefits to a serviceperson (other than one enrolled in a course, courses or...


VA will apply the provisions of Sec. 21.4138(a) in making advance payments to veterans and servicemembers. (Authority: 38 U.S.C. 3241, 3680) [64...


Benefit payments--secondary school program. (a) Restrictions on payments. (1) The Department of Veterans Affairs may authorize benefits to qualified enlisted servicepersons for...


Computation of benefit payments and monthly rates. The Department of Veterans Affairs will compute all monthly rates and benefit payments as stated in this section except...


benefit payments for incarcerated individuals. Notwithstanding the provisions of Sec. 21.5138, some incarcerated individuals may have their educational...


An individual who is otherwise eligible to receive benefits under the Post-Vietnam Era Veterans' Educational Assistance Program may receive...


State approving agencies. In administering chapter 32, title 38, United States Code, VA will apply the provisions of the following sections: (a) Section 21.4150...


In the administration of benefits payable under the provisions of chapter 32, title 38, U.S.C., the Department of Veterans Affairs will apply the...


Programs of education. (a) Approving the selected program of education. Except as provided in paragraphs (b) and (c) of this section, VA will approve a program of...


In the administration of benefits payable under chapter 32, title 38, U.S.C., the Department of Veterans Affairs will apply Sec. 21.4233(b), (c),...


program. In determining whether a change of program of education may be approved for the payments of educational assistance, VA will apply Sec. 21.4234 of...


(a) In administering benefits payable under 38 U.S.C. chapter 32, VA and, where appropriate, the State approving agencies shall apply the following sections. ...


Assessment and pursuit of course. In the administration of benefits payable under 38 U.S.C. chapter 32, VA shall apply the following sections. (a) Section 21.4270...


Pilot Program. (a) Purpose. The Educational Assistance Pilot Program is designed to encourage enlistments and reenlistments in the Army, Navy, Air Force...


Reduced monthly contribution for certain individuals. (a) Qualifying for reduced monthly contributions. Some individuals can become participants while making no contributions....


Transfer of entitlement. (a) Qualifying for a transfer of entitlement. Some participants may transfer their entitlement to their spouse or child. To qualify for this...


Extended period of eligibility. (a) General. A veteran shall be granted an extension of the applicable delimiting period, as otherwise determined by Sec....


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. Source: 51...


educational assistance to selected veterans and servicemembers and, in some cases, to dependents of these veterans and servicemembers. (Authority: 10...


authority to administer the benefit payment portion of this program to the Secretary of Veterans Affairs and his or her designees. See Sec. 21.5901. (Authority:...


Secs. 21.5700, 21.5800 and 21.5900 series and payment of benefits under the educational assistance and subsistence allowance program, the following definitions apply: ...


order to obtain benefits under the educational assistance and subsistence allowance program, an individual must-- (1) File a claim for benefits with VA, and ...


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...


to educational assistance under 10 U.S.C. Chapter 107 an individual must-- (1) Enlist or reenlist for service on active duty as a member of the Army, Navy,...


servicemembers. A veteran or servicemember who is eligible for educational assistance under either 38 U.S.C. chapter 31 or 34, or subsistence allowance under 38 U.S.C. chapter 31...


servicemember shall be entitled to one standard academic year (or the equivalent) of educational assistance for each year of service following the first enlistment...


(1) A veteran or servicemember may transfer all or part of his or her entitlement to educational assistance and subsistence allowance to a spouse or dependent child....


to educational assistance. (1) Except as provided in paragraph (a)(2) of this section VA will make a charge against an individual's entitlement to educational...


of a veteran expires on the first day following ten years from the date the veteran retires or is discharged or otherwise separated from active...


assistance and subsistence allowance only while receiving instruction in a postsecondary course offered at any institution in the United States (including...


individual who wishes to receive educational assistance and subsistence allowance shall ensure that the accredited institution he or she is...


training time. (a) Reports of withdrawals and terminations of attendance. (1) An individual shall report to VA facility of jurisdiction whenever he or she withdraws...


or official shall be subject to civil penalties or criminal penalties, or both, under applicable Federal law for submitting a false or fraudulent report, revision to a...


assistance will be paid to cover the educational expenses incurred by an eligible servicemember, veteran, spouse, surviving spouse or dependent child while attending...


as provided in paragraph (a)(2) of this section, VA will pay subsistence allowance to a veteran, spouse, surviving spouse or dependent child during any period for which he...


some benefits prohibited. An individual who is receiving educational assistance under programs authorized by 38 U.S.C. Chapters 30, 31, 32, 34, 35 or 36 may not receive...


individual who attempts to obtain educational assistance or subsistance allowance or both through submission of false or misleading statements is subject to civil penalties...


payments. VA will pay educational assistance to the individual on the last day of the calendar month during which the individual enters or...


of an award or increased award of subsistence allowance will be determined by this section (a) Entrance or reentrance. Latest of the following dates: (1)...


educational assistance is paid only once in a term, quarter, or semester, VA may discontinue it under the circumstances stated in Sec. 21.5835. The discontinuance may...


govern reduction and discontinuance dates for educational assistance and subsistence allowance. (a) Death of individual. If an individual dies-- (1) VA will...


receives educational assistance but the educational assistance must be discontinued according to Sec. 21.5835, the amount of educational assistance attributable to...


standard term. An individual who enrolls in a standard quarter or semester for 12 undergraduate credit hours is a full-time student. An individual who enrolls in...


In administering benefits payable under Chapter 107, Title 10 U.S.C, VA will be bound by the provisons of the Secs. 21.5700, 21.5800 and 21.5900 series...


Except as otherwise provided, authority is delegated to the Under Secretary for Benefits and to supervisory or adjudication personnel within the jurisdiction of...


training program for certain pension recipients. Authority: Pub. L. 98-543, 38 U.S.C. 501 and chapter 15, sections specifically cited, unless...


Definitions. (a) Temporary program. The term temporary program means the program of vocational training for certain pension recipients authorized by section 1524, chapter...


Applicability of rules and administrative procedures under 38 U.S.C., Chapter 31. (a) General. Title 38 U.S.C., section 1524(b)(2)(A) provides, in part, that a...


elections. (a) Claims by veterans under age 45 for whom participation in an evaluation is required. A veteran under age 45 who is awarded pension during the...


Nonduplication--38 U.S.C., chapters 30, 31, 32, 34 and 35. (a) Election between this temporary program and chapter 31 required. A service-disabled veteran awarded VA pension who...


Eligibility for vocational training and employment assistance. (a) Basic eligibility requirements. A veteran may be provided vocational training, employment assistance and...


and completion. (a) Dates of entry. A veteran found eligible under the provisions of Sec. 21.6040 of this part may not begin pursuit of a vocational...


Participation of eligible veterans in an evaluation. (a) Veterans under age 45. A veteran under age 45 awarded pension during the program period shall be provided an evaluation...


Evaluations. (a) Scope and nature of evaluation. The scope and nature of the evaluation under this program shall be the same as for an evaluation of the reasonable...


determining good employment potential. (a) Determining good employment potential. Before scheduling an evaluation of feasibility to pursue a vocational goal for...


the veteran in an evaluation. (a) Cooperation of the veteran. The cooperation of the veteran is essential to a successful evaluation. The purpose of the evaluation...


evaluation. (a) Eligible veteran may choose to participate. If VA finds, based on the evaluation, that achievement of a vocational goal by the veteran...


Limitations on the number of evaluations. (a) Number of evaluations. No more than 3,500 evaluations of the reasonable feasibility of achieving a vocational goal may be...


assistance. (a) General. VA may provide to program participants: (1) Vocationally oriented services and assistance of the kind provided veterans under chapter...


Basic duration of a vocational training program. (a) Basic duration of a vocational training program. The duration of a vocational training program may not exceed 24...


Extending the duration of a vocational training program. (a) Extension of the duration of a vocational training program. An extension of a vocational training program as...


period of vocational training program participation. (a) Computing the participation period. The number of months and days used in a vocational training program shall...


Requirement for an individualized written rehabilitation or employment assistance plan. (a) General. An Individualized Written Rehabilitation Plan (IWRP) and/or...


plan. (a) Completing the plan. If the VA determines that the veteran is unable to complete the program within the time limits of the plan after training has...


General. A veteran requesting or being furnished assistance under this temporary program shall be provided professional counseling services by the...


Educational and vocational training services. (a) Purposes. Educational and vocational training services are to be provided to a veteran eligible for services and assistance...


Evaluation and improvement of rehabilitation potential. (a) General. The services described in paragraph (d) of this section may be used to: (1) Evaluate...


services. (a) Services must be part of a vocational training program. Independent living services may be provided as a part of a veteran's IWRP when...


system. (a) General. The case status system used in administering benefits under the chapter 31 program, as provided in Sec. 21.180 through Sec. 21.198 of this...


Supplies. (a) Purpose of furnishing supplies. Supplies are furnished to enable a veteran to pursue training, obtain and maintain employment and achieve the goals of his or...


care and services. (a) General. A participant in a vocational training program or receiving employment assistance shall be furnished medical treatment, care...


Resources for provision of medical treatment, care and services. (a) General. VA medical centers are the primary resources for the provision of medical treatment, care and...


(a) Direct financial assistance prohibited. The provisions of Sec. 21.260 and Sec. 21.264 through Sec. 21.276 of this part are not applicable to...


of induction into and termination of vocational training. (a) Induction. Subject to the limitations set forth in Sec. 21.6042 of this part, the date a veteran...


Reentrance into a training program. (a) Reentrance into rehabilitation to the point of employability following a determination of rehabilitation. A veteran in a...


(a) Applicable 38 U.S.C. chapter 31 provisions. The provisions of Sec. 21.290 through Sec. 21.299 are applicable to veterans pursuing vocational training...


pursuit. (a) General requirements. A veteran should pursue a vocational training program at a rate which is consistent with his or her ability to successfully...


Authorization of services under Chapter 31 rules. (a) General. Sections 21.320 through 21.334 of this part are not applicable to a veteran pursuing a vocational training...


absence. (a) General. VA may approve leaves of absence under vertain conditions. During approved leaves of absence, a ceteran shall be considered to be pursuing...


and cooperation. The provisions of Sec. 21.362 and Sec. 21.364 of this part are applicable to veterans pursuing vocational training under this program in...


Authorization of transportation services. (a) General. VA shall authorize transportation services necessary for a veteran to pursue a vocational training program under...


Chapter 31 regulations. The following regulations are applicable to veterans pursuing the vocational training under this program in the same manner as they...


authority. (a) General. Authority is delegated to the Under Secretary for Benefits and to supervisory or non-supervisory personnel within the jurisdiction of...


Coordination with the Adjudication Division. It is the responsibility of the VR&C Division to inform the Adjudication Division in writing of the following changes in...


38 U.S.C. 1163; Pub. L. 100- 687, sec. 1301, unless otherwise noted. Source: 51 FR 19333, May 29, 1986. Redesignated at 53 FR 4397, Feb. 16, 1988. ...


period means the period beginning on February 1, 1985, and ending December 31, 1992. (Authority: 38 U.S.C. 1163(a)(2)(B); Pub. L. 102-291) (b)...


Participation in this temporary program of trial work periods and vocational rehabilitation is limited to qualified veterans. (Authority: 38 U.S.C. 1163(a)(2)(A)). [55...


(a) Protection of IU rating under 38 CFR 3.343(c)(2). The total disability rating of any qualified veteran who begins to engage in a substantially gainful...


notice is provided to a qualified veteran of an award of an IU rating, VA shall provide the veteran with an additional statement. These statements shall contain the...


of plan. Following an evaluation, the counseling psychologist will formulate an IWRP (individualized written rehabilitation plan) or an IEAP (individualized...


counseling services. (a) General. A qualified veteran for whom vocational rehabilitation and achievenment of a vocational goal are reasonably feasible may be...


the IEAP (Individualized Employment Assistance Plan). Each IEAP of a qualified veteran shall require that the: (1) Case manager maintain close contact with...


under 38 U.S.C. 3104(a) (2) and (5). (a) Dates of entry. A qualified veteran, not eligible to receive Chapter 31 benefits, may not enter or pursue a...


Establishment of educational assistance program. Authority: 38 U.S.C. 501(a), chs. 30, 36, unless otherwise noted. Source: 53 FR 1757, Jan. 22, 1988, unless...


Definitions. For the purposes of regulations from Sec. 21.7000 through Sec. 21.7499 and the payment of basic educational assistance and supplemental...


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...


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...


Categories of basic eligibility. Eligibility for basic educational assistance can be established by: (a) Some individuals who first become members of the Armed Forces...


Basic eligibility requirements. An individual must meet the requirements of this section, Sec. 21.7044, or Sec. 21.7045 in order to be eligible for basic...


Persons with eligibility under 38 U.S.C. chapter 34. Certain individuals with 38 U.S.C. chapter 34 eligibility may establish eligibility for educational assistance under...


Eligibility based on involuntary separation, voluntary separation, or participation in the Post-Vietnam Era Veterans' Educational Assistance Program. ...


Eligibility for supplemental educational assistance. The Secretary concerned, pursuant to regulations prescribed by that Secretary, has the discretion to provide for...


Ending dates of eligibility. The ending date of eligibility will be determined as follows: (a) Ten-year time limitation. (1) Except as provided in paragraphs (c),...


Extended period of eligibility. (a) Period of eligibility may be extended. VA shall grant an extension of the applicable delimiting period, as otherwise determined...


Entitlement. An eligible servicemember or veteran is entitled to a monthly benefit for periods of time during which he or she is enrolled in, and satisfactorily pursuing,...


Entitlement to basic educational assistance. The provisions of this section apply to all veterans and servicemembers except to those to whom Sec. 21.7073 applies. ...


Entitlement for some individuals who establish eligibility during the open period or who establish eligibility before involuntary separation. (a) Individuals who...


Entitlement to supplemental educational assistance. In determining the entitlement of a veteran or servicemember who is eligible for supplemental educational assistance...


Entitlement charges. (a) Overview. VA will make charges against entitlement as stated in this section. (1) Charges will be made against the entitlement the veteran...


Counseling. A veteran or servicemember may receive counseling from VA before beginning training and during training. (a) Purpose. The purpose of counseling is ...


Travel expenses. (a) Travel for veterans and servicemembers. (1) Except as provided in paragraph (a)(2) of this section, VA shall determine and pay the necessary cost...


Selection of a program of education. (a) General requirement. In order to receive educational assistance an individual must either be pursuing an approved program of...


Programs of education combining two or more types of courses. (a) Concurrent enrollment. (1) When a veteran or servicemember cannot successfully schedule his or her...


Change of program. In determining whether a veteran or servicemember may change his or her program of education under 38 U.S.C. ch. 30, VA will apply the provisions of...


Courses included in programs of education. (a) General. Generally, VA will approve, and will authorize payment of educational assistance, for the individual's enrollment...


Courses precluded. (a) Unapproved courses. VA will not pay educational assistance for an enrollment in any course which has not been approved by a State approving...


Overcharges. VA may disapprove an educational institution for further enrollments, when the educational institution charges or receives from a veteran or...


Educational assistance. VA will pay educational assistance to an eligible veteran or servicemember while he or she is pursuing approved courses in a program of education...


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...


Suspension or discontinuance of payments. VA may suspend or discontinue payments of educational assistance. In doing so, VA will apply Secs. 21.4210...


Discontinuance dates. The effective date of reduction or discontinuance of educational assistance will be as stated in this section. Reference to reduction of...


Rates of payment of basic educational assistance. The monthly rate of educational assistance payable to a veteran or servicemember depends in part upon the...


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...


Rates of supplemental educational assistance. In addition to basic educational assistance, a veteran or servicemember who is eligible for supplemental educational...


Conditions which result in reduced rates or no payment. The monthly rates established in Secs. 21.7136, 21.7137 and 21.7138 shall be reduced as stated in this section...


Certifications and release of payments. (a) Advance payments and lump-sum payments. VA will apply the provisions of Sec. 21.4138(a) and (b) in making advance payments...


Tutorial assistance. An individual who is otherwise eligible to receive benefits under the Montgomery GI Bill - Active Duty may receive supplemental monetary assistance...


Accelerated payments. The accelerated payment will be the lesser of-- (a) The amount equal to 60 percent of the charged tuition and fees for the term, quarter or...


Nonduplication of educational assistance. (a) Payments of educational assistance shall not be duplicated. An individual, entitled to educational assistance under 38 U.S.C....


Overpayments. (a) Prevention of overpayments. In administering benefits payable under 38 U.S.C. chapter 30, VA will apply the provisions of Sec. 21.4008. See...


Pursuit. The veteran's or servicemember's educational assistance depends upon his or her pursuit of a program of education. Verification of this pursuit is accomplished...


Advance payment and accelerated payment certifications. All certifications required by this paragraph shall be in a form and shall contain such information as specified by...


Certification of enrollment. As stated in Sec. 21.7140 of this part, the educational institution must certify the veteran's or servicemember's enrollment before he or...


Progress and conduct. (a) Satisfactory pursuit of program. In order to receive educational assistance for pursuit of a program of education, an individual must...


Pursuit and absences. Except as provided in this section, an individual must submit a verification to VA each month of his or her enrollment during the period for...


Other required reports. (a) Reports from veterans and servicemembers. (1) A veteran or servicemember enrolled full time in a program of education for a standard...


False, late, or missing reports. (a) Veteran. Payments may not be based on false or misleading statements, claims or reports. VA will apply the provisions of...


Reporting fee. In determining the amount of the reporting fee payable to educational institutions or joint apprenticeship training committees acting as...


Course measurement. In administering benefits payable under 38 U.S.C. chapter 30, VA will apply the following sections: (a) Sec. 21.4270 (except paragraphs (a)(2)...


Measurement of concurrent enrollments. (a) Conversion of units of measurement required. Where a veteran enrolls concurrently in courses offered by two schools and...


State approving agencies. State approving agencies have the same general responsibilities for approving courses for training under 38 U.S.C. chapter 30 as they do...


Course approval. (a) Courses must be approved. (1) A course of education, including the class schedules of a resident course not leading to a standard college...


Courses and enrollments which may not be approved. The Secretary may not approve an enrollment by a veteran or servicemember in, and a State approving agency may not approve...


Death benefit. (a) Overview. VA will pay a death benefit under 38 U.S.C. ch. 30 when an individual's death meets the criteria of this section; the individual is...


Delegations of authority. (a) General delegation of authority. Except as otherwise provided, authority is delegated to the Under Secretary for Benefits of VA, and...


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...


Revision of decisions. The revision of a decision on which an action was predicated is subject to the following sections: (a) Clear and unmistakable error,...


Conflicting interests. In administering benefits payable under 38 U.S.C. chapter 30, VA will apply the provisions of Sec. 21.4005. (Authority: 38 U.S.C....


Examination of records. In administering benefits payable under 38 U.S.C. chapter 30, VA will apply the provisions of Sec. 21.4209. (Authority: 38 U.S.C....


Civil rights. (a) Delegation of authority concerning Federal equal opportunity laws. The Under Secretary for Benefits is delegated the responsibility to obtain evidence...


Procedural protection; reduction following loss of dependent. (a) Notice of reduction required when a veteran loses entitlement to additional educational assistance for...


Authority: 10 U.S.C. ch. 1606; 38 U.S.C. 501(a), 512, ch. 36, unless otherwise noted. Source: 53 FR 34740, Sept. 8, 1988, unless...


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...


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...


(a) Basic eligibility requirements. The Armed Forces will determine whether a reservist is eligible to receive benefits pursuant to 10 U.S.C. chapter 1606 (or 10 U.S.C. chapter 106...


on eligibility. Except as provided in Sec. 21.7551 and paragraphs (a)(3), (b), (c), and (d) of this section, a reservist's period of eligibility expires effective the earlier...


of eligibility may be extended. VA shall grant an extension of a delimiting period determined by Sec. 21.7550(a)(1) of this part provided: (1) The individual applies for...


each reservist is entitled to a maximum of 36 months of educational assistance (or its equivalent in part-time educational assistance) under this program, but is...


will make charges against entitlement as stated in this section. Charges are based upon the principle that a reservist who trains full time for one day should be charged one day...


from VA before beginning training and during training. (a) Purpose. The purpose of counseling is-- (1) To assist in selecting an objective; (2) To develop...


will not pay for any costs of travel to and from the place of counseling for anyone who requests counseling under 10 U.S.C. chapter 1606 or for whom counseling is...


requirement. An individual must be pursuing an approved program of education in order to receive educational assistance. (Authority: 10 U.S.C. 16131; Pub....


courses. An approved program may consist of courses offered by two educational institutions concurrently, or courses offered through class attendance and by...


change of program of education may be approved for the payments of educational assistance, VA will apply Sec. 21.4234 of this part. (Authority: 10 U.S.C. 16136(b),...


(a) General. Generally, VA will approve, and will authorize payment of educational assistance for the reservist's enrollment in any course or subject which a State approving...


will not pay educational assistance for an enrollment in any course which has not been approved by a State approving agency or by VA when that agency acts as a State...


(a) Overcharges. VA may disapprove an educational institution for further [[Page 485]] enrollments when the educational institution charges or receives from...


pursuant to 10 U.S.C. chapter 1606 to an eligible reservist while he or she is pursuing approved courses in a program of education at the rates specified in Sec....


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...


VA may suspend or discontinue payments of educational assistance. In doing so, VA will apply Secs. 21.4210 through 21.4216. (Authority: 10 U.S.C 16136(b); 38...


of reduction or discontinuance of educational assistance [[Page 487]] will be as stated in this section. If more than one type of reduction or discontinuance...


(1) Except as otherwise provided in this section or in Sec. 21.7639, the monthly rate of educational assistance payable for training that occurs after...


The payment of educational assistance at the monthly rates established in Sec. 21.7636 shall be subject to reduction, whenever the circumstances described in...


upon certifications, reports, and verifications of pursuit. When certifications, reports, or verifications of pursuit are mentioned in this paragraph, the...


(a) Payments of educational assistance shall not be duplicated. A reservist is barred from receiving educational assistance concurrently under 10 U.S.C. Chapter 1606 and any of...


administering benefits payable under 10 U.S.C. chapter 1606, VA will apply the provisions of Secs. 21.4008 and 21.4009 of this part in the same manner as they are...


only for actual pursuant of a program of educational. Verification is accomplished by various certifications. (Authority: 10 U.S.C. 16131(a); Pub....


As stated in Sec. 21.7640 of this part, the educational institution must certify the reservist's enrollment before he or she may receive educational...


Satisfactory pursuit of program. In order to receive educational assistance for pursuit of a program of education, a reservist must maintain satisfactory progress. Progress...


this section, a reservist must submit a verification to VA each month of his or her enrollment during the period for which the reservist is to be paid. This verification shall...


reservists. (1) A reservist enrolled full time in a program of education for a standard term, quarter, or semester must report without delay to VA: (i) A change in his or...


may not be based on false or misleading statements, claims or reports. VA will apply the provisions of Secs. 21.4006 and 21.4007 of this part to a reservist or any...


the reporting fee payable to educational institutions for furnishing required reports, VA will apply the provisions of Sec. 21.4206. (Authority: 10 U.S.C. 16136(b); 38...


degree. Except as provided in Sec. 21.7672, VA will measure a reservist's courses as stated in this section. (a) Fourteen semester hours are...


degree. (a) Overview. (1) Courses not leading to a standard college degree may be measured on either a clock-hour basis, or a credit-hour basis or a combination...


(a) Conversion of units of measurement required. Where a reservist enrolls concurrently in courses offered by two schools and the standards for measurement of the courses...


(a) Nursing courses. (1) Courses for the objective of registered nurse or registered professional nurse will be measured on the basis of credit hours or clock hours of...


agencies have the same general responsibilities for approving courses for training under 38 U.S.C. chapter 1606 (or 10 U.S.C. chapter 106 as in effect before December...


A course of education offered by an educational institution must be approved by-- (i) The State approving agency for the State in which the educational institution...


(a) The Secretary of Veterans Affairs may not approve an enrollment by a reservist in, and a State approving agency may not approve for training under 10 U.S.C. chapter...


authority. Except as otherwise provided, authority is delegated to the Under Secretary for Benefits of VA, and to supervisory or adjudication personnel within the...


are binding. The decision of the VA facility of original jurisdiction on which an action is based-- (1) Will be final, (2) Will be binding upon all facilities...


decision on which an action was predicated is subject to the following sections: (a) Clear and unmistakable error, Sec. 3.105(a) of this chapter; and (b) Difference of...


payable under 10 U.S.C. chapter 1606, VA will apply the provisions of Sec. 21.4005 in the same manner as they are applied in the [[Page...


payable under 10 U.S.C. chapter 1606, VA will apply the provisions of Sec. 21.4209 in the same manner as they are applied in the administration of 38 U.S.C. chapters 34...


21.8010 Definitions and abbreviations. Authority: 38 U.S.C. 101, 501, 512, 1151 note, 1802, 1804-1805, 1811, 1811 note, 1812, 1814, 1816, 1821-1824, 5112,...


21.8012 Vocational training program for certain children of Vietnam veterans--spina bifida and covered birth defects. VA will provide an evaluation to an eligible...


21.8014 Application. (a) Filing an application. To participate in a vocational training program, the child of a Vietnam veteran (or the child's parent or...


21.8016 Nonduplication of benefits. (a) Election of benefits--chapter 35. An eligible child may not receive benefits concurrently under 38 U.S.C. chapter 35 and...


21.8020 Entitlement to vocational training and employment assistance. (a) Basic entitlement requirements. Under this subpart, for an eligible child to...


21.8022 Entry and reentry. (a) Date of program entry. VA may not enter a child into a vocational training program or provide an evaluation or any...


21.8030 Requirement for evaluation of child. (a) Children to be evaluated. The VR&E Division will evaluate each child who: (1) Applies for a vocational...


21.8032 Evaluations. (a) Scope and nature of evaluation. The scope and nature of the evaluation under this program will be comparable to an evaluation of...


21.8050 Scope of training, services, and assistance. (a) Allowable training, services, and assistance. VA may provide to vocational training...


21.8070 Basic duration of a vocational training program. (a) Basic duration of a vocational training program. The duration of a vocational training program,...


21.8072 Authorizing training, services, and assistance beyond the initial individualized written plan of vocational rehabilitation. (a) Extension of the duration of...


21.8074 Computing the period for vocational training program participation. (a) Computing the participation period. To compute the number of months and days...


21.8080 Requirement for an individualized written plan of vocational rehabilitation. (a) General. A CP or VRC will work in consultation with each child for whom...


21.8082 Inability of child to complete individualized written plan of vocational rehabilitation or achieve vocational goal. (a) Inability to timely complete...


21.8100 Counseling. An eligible child requesting or receiving services and assistance under this subpart will receive professional counseling by VR&E and...


21.8120 Vocational training, services, and assistance. (a) Purposes. An eligible child may receive training, services, and assistance to enable the child to...


21.8140 Evaluation and improvement of vocational potential. (a) General. A CP or VRC may use the services that paragraph (d) of this section describes to: ...


21.8210 Supplies. (a) Purpose of furnishing supplies. VA will provide the child with the supplies that the child needs to pursue training, to obtain...


21.8260 Training, services, and assistance costs. The provisions of Sec. 21.262 pertaining to reimbursement for training and other program costs apply, in a...


21.8280 Effective date of induction into a vocational training program. Subject to the limitations in Sec. 21.8022, the date an eligible child is inducted into...


21.8282 Termination of a vocational training program. A case manager may terminate a vocational training program under this subpart for cause, including lack...


21.8284 Additional vocational training. VA may provide an additional period of training or services under a vocational training program to an eligible child who...


21.8286 Training resources. (a) Applicable 38 U.S.C. chapter 31 resource provisions. The provisions of Sec. 21.146 and Secs. 21.290 through 21.298 apply to...


21.8310 Rate of pursuit. (a) General requirements. VA will approve an eligible child's pursuit of a vocational training program at a rate consistent with his...


21.8320 Authorization of services. The provisions of Sec. 21.326, pertaining to the commencement and termination dates of a period of employment services, apply...


21.8340 Leaves of absence. (a) Purpose of leave of absence. The purpose of the leave system is to enable the child to maintain his or her status as an active...


21.8360 Satisfactory conduct and cooperation. The provisions for satisfactory conduct and cooperation in Secs. 21.362 and 21.364, except as otherwise provided in...


21.8370 Authorization of transportation services. (a) General. VA authorizes transportation services necessary for an eligible child to pursue a vocational...


21.8380 Additional applicable regulations. The following regulations are applicable to children in this program in a manner comparable to that provided for...


21.8410 Delegation of authority. The Secretary delegates authority for making findings and decisions under 38 U.S.C. 1804 and 1814 and the applicable...


Purpose and effective date. The purpose of these Title IX regulations is to effectuate Title IX of the Education Amendments of 1972, as amended (except sections 904...


Definitions. As used in these Title IX regulations, the term: Administratively separate unit means a school, department, or college of an educational institution...


Remedial and affirmative action and self-evaluation. (a) Remedial action. If the designated agency official finds that a recipient has discriminated against persons on the basis...


Assurance required. (a) General. Either at the application stage or the award stage, Federal agencies must ensure that applications for Federal financial assistance...


Transfers of property. If a recipient sells or otherwise transfers property financed in whole or in part with Federal financial assistance to a transferee that operates...


Effect of other requirements. (a) Effect of other Federal provisions. The obligations imposed by these Title IX regulations are independent of, and do not alter,...


Effect of employment opportunities. The obligation to comply with these Title IX regulations is not obviated or alleviated because employment opportunities in any...


Designation of responsible employee and adoption of grievance procedures. (a) Designation of responsible employee. Each recipient shall designate at least one employee...


Dissemination of policy. (a) Notification of policy. (1) Each recipient shall implement specific and continuing steps to notify applicants for admission and...


Except as provided in Secs. 23.205 through 23.235(a), these Title IX regulations apply to every recipient and to each education program or activity operated...


Educational institutions and other entities controlled by religious organizations. (a) Exemption. These Title IX regulations do not apply to any operation of an...


merchant marine educational institutions. These Title IX regulations do not apply to an educational institution whose primary purpose is the training of individuals...


of certain organizations. (a) Social fraternities and sororities. These Title IX regulations do not apply to the membership practices of social fraternities...


(a) Admissions to educational institutions prior to June 24, 1973, are not covered by these Title IX regulations. (b) Administratively separate units. For...


eligible to submit transition plans. (a) Application. This section applies to each educational institution to which Secs. 23.300 through 23.310...


Transition plans. (a) Submission of plans. An institution to which Sec. 23.225 applies and that is composed of more than one administratively separate unit may submit...


Statutory amendments. (a) This section, which applies to all provisions of these Title IX regulations, addresses statutory amendments to Title IX. (b) These Title...


Recruitment Prohibited Sec. 23.300 Admission. (a) General. No person shall, on the basis of sex, be denied admission, or be...


Recruitment Prohibited Sec. 23.305 Preference in admission. A recipient to which Secs. 23.300 through 23.310 apply shall not give preference...


Recruitment Prohibited Sec. 23.310 Recruitment. (a) Nondiscriminatory recruitment. A recipient to which Secs. 23.300 through 23.310 apply...


Activities Prohibited Sec. 23.400 Education programs or activities. (a) General. Except as provided elsewhere in these Title...


Activities Prohibited Sec. 23.405 Housing. (a) Generally. A recipient shall not, on the basis of sex, apply different rules...


Activities Prohibited Sec. 23.410 Comparable facilities. A recipient may provide separate toilet, locker room, and shower facilities...


Activities Prohibited Sec. 23.415 Access to course offerings. (a) A recipient shall not provide any course or otherwise carry out any...


Activities Prohibited Sec. 23.420 Access to schools operated by LEAs. A recipient that is a local educational agency shall not, on...


Activities Prohibited Sec. 23.425 Counseling and use of appraisal and counseling materials. (a) Counseling. A recipient shall...


Activities Prohibited Sec. 23.430 Financial assistance. (a) General. Except as provided in paragraphs (b) and (c) of this section,...


Activities Prohibited Sec. 23.435 Employment assistance to students. (a) Assistance by recipient in making available outside employment....


Activities Prohibited Sec. 23.440 Health and insurance benefits and services. Subject to Sec. 23.235(d), in providing a medical,...


Activities Prohibited Sec. 23.445 Marital or parental status. (a) Status generally. A recipient shall not apply any rule concerning...


Activities Prohibited Sec. 23.450 Athletics. (a) General. No person shall, on the basis of sex, be excluded from participation in,...


Activities Prohibited Sec. 23.455 Textbooks and curricular material. Nothing in these Title IX regulations shall be interpreted...


Programs or Activities Prohibited Sec. 23.500 Employment. (a) General. (1) No person shall, on the basis of sex, be excluded...


Programs or Activities Prohibited Sec. 23.505 Employment criteria. A recipient shall not administer or operate any test or other criterion...


Programs or Activities Prohibited Sec. 23.510 Recruitment. (a) Nondiscriminatory recruitment and hiring. A recipient shall not discriminate...


Programs or Activities Prohibited Sec. 23.515 Compensation. A recipient shall not make or enforce any policy or practice that, on the basis...


Programs or Activities Prohibited Sec. 23.520 Job classification and structure. A recipient shall not: (a) Classify a job as being for...


Programs or Activities Prohibited Sec. 23.525 Fringe benefits. (a) ``Fringe benefits'' defined. For purposes of these Title IX...


Programs or Activities Prohibited Sec. 23.530 Marital or parental status. (a) General. A recipient shall not apply any policy or take...


Programs or Activities Prohibited Sec. 23.535 Effect of state or local law or other requirements. (a) Prohibitory requirements. The obligation...


Programs or Activities Prohibited Sec. 23.540 Advertising. A recipient shall not in any advertising related to employment indicate...


Programs or Activities Prohibited Sec. 23.545 Pre-employment inquiries. (a) Marital status. A recipient shall not make pre-employment...


Programs or Activities Prohibited Sec. 23.550 Sex as a bona fide occupational qualification. A recipient may take action otherwise prohibited...


of covered programs. Within 60 days of September 29, 2000, each Federal agency that awards Federal financial assistance shall publish in the Federal Register...


procedures. The investigative, compliance, and enforcement procedural provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d) (``Title VI'')...


the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Pub. L. 91-646, 84 Stat. 1894, 42 U.S.C. 4601), as amended by the Surface...


Act (NEPA) of 1969 as amended (42 U.S.C. 4321-4370a), in accordance with regulations promulgated by the Council of Environmental Quality (CEQ Regulations, 40 CFR...


[Code of Federal Regulations] [Title 38, Volume 2] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR26.2] [Page 536] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS (CONTINUED) PART 26--ENVIRONMENTAL EFFECTS OF THE DEPARTMENT OF VETERANS AFFAIRS (VA) ACTIONS--Table of Contents Sec. 26.2 Applicability and scope. This part applies to VA, its administrations and staff offices. (Authority: 42 U.S.C. 4321-4370a) [51 FR 37182, Oct. 20, 1986, as amended at 54 FR 34987, Aug. 23, 1989] ...


States and all waters and air space subject to the territorial jurisdiction of the United States. The territories and possessions of the United States include the...


veterans to ensure it does so consistently with national environmental policies. Specifically, VA shall ensure that all practical means and measures are used to protect, restore,...


(1) Be responsible to coordinate and provide guidance to VA elements on all environmental matters; (2) Assist in the preparation of environmental documents by VA elements;...


include a detailed written statement ``in every recommendation or report on proposals for legislation and other major Federal actions significantly affecting the quality...


accompany other decision documents as they proceed through the decision-making process. [[Page 540]] (b) The major decision points for VA actions, by which time...


private applicants or other non-Federal groups when VA involvement in a particular action is reasonably foreseeable. Such foreseeable actions involve application to a VA element...


environmental documents, the responsible VA element shall include the participation of environmental agencies, applicants, State and local governments and the public to...


[Code of Federal Regulations] [Title 38, Volume 2] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR36.4201] [Page 543] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS (CONTINUED) PART 36--LOAN GUARANTY--Table of Contents Sec. 36.4201 Applicability of the Sec. 36.4200 series. The Sec. 36.4200 series shall be applicable to each loan entitled to guaranty under 38 U.S.C. 3712 on or after the date of publication thereof in the Federal Register. ...


shall have the meaning herein stated. Automatic lender. A lender that may process a loan or assumption without submitting the credit package to the Department of...


a veteran must have loan guaranty entitlement for manufactured home purposes available for use. Notwithstanding the provisions of Sec. 36.4205(e), the Secretary may exclude...


(1) To purchase a lot on which to place a manufactured home already owned by the veteran; (2) To purchase a single-wide manufactured home; (3) To purchase...


principal amount of the loan or $20,000, whichever is less. With respect to a loan guaranteed under 38 U.S.C. 3712(a)(1)(F), the dollar amount of guaranty may not exceed...


loan shall be guaranteed unless the terms of repayment bear a proper relationship to the veteran's present and anticipated income and expenses, and the veteran is a...


(1) A single-wide unit must be a minimum of ten (10) feet wide and have a minimum floor area of four hundred (400) square feet. (2) A double-wide unit,...


qualify as an acceptable rental site as follows: (1) Be located within a manufactured home park or subdivision which is acceptable to the Department of Veterans...


submitted to the Secretary for approval prior to closing. The Secretary upon determining any such proposed loan to be eligible for guaranty will issue a certificate...


loan to be made to two or more borrowers who become jointly and severally liable, or jointly liable therefor, and who will acquire an undivided interest in the property...


the term of the loan in accordance with any generally recognized plan of amortization requiring approximately equal monthly payments. The loan shall not be payable on demand...


loans either bear interest at a rate that is agreed upon by the veteran and the lender, or bear interest at a rate not in excess of a rate established by the Secretary....


legal capacity of any person to contract, sell, convey or encumber, or by the existence of other legal disability or defects invalidating or rendering unenforceable in whole or...


for the purposes of 38 U.S.C. 3712 comprises the several States, the Territories and possessions of the United States, the District of Columbia, the Commonwealth of Puerto...


and the dates thereof. This record shall be maintained until the Secretary ceases to be liable as guarantor of the loan. For the purpose of any accounting with the...


as may be approved by an official designated in Sec. 36.4221(b) and delivered, by mail or otherwise, to the VA office at which the guaranty was issued, or to any...


[Code of Federal Regulations] [Title 38, Volume 2] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR36.4218] [Page 559] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS (CONTINUED) PART 36--LOAN GUARANTY--Table of Contents Sec. 36.4218 Payment in full; termination of guaranty. Upon full satisfaction of a guaranteed loan by payment or otherwise the instrument evidencing the guaranty shall be returned to the Department of Veterans Affairs office issuing the same with the holder's cancellation or endorsement of release thereon. ...


submitted and accepted or approved for a guaranty thereunder, shall govern the rights, duties, and liabilities of the parties to such loan and any provisions of the...


the guaranty of manufactured home loans to veterans, the Under Secretary for Benefits, or the Director, Loan Guaranty Service, within the limitations and...


or lawfully filling, any position designated in paragraph (b) of this section is hereby delegated [[Page 560]] authority, within the limitations...


risks or hazards to which it may be subjected to the extent customary in the locality. The costs of such required insurance coverage may be paid for by the veteran....


loan to reduce the interest rate payable on the Department of Veterans Affairs loan provided the following requirements are met: (1) The loan application must...


lien on a manufactured home owned and occupied by the veteran as his or her home in conjunction with a loan to acquire a suitable lot on which that manufactured home is...


(2) are authorized by statute to process VA guaranteed manufactured home loans on the automatic basis. This category of lenders includes any Federal land bank, national...


lender to close manufactured home loans on the automatic basis may be withdrawn by the Secretary at any time upon 30 days notice. The automatic processing authority of...


concerning manufactured housing loans to be guaranteed or insured by the Secretary: (a) Must not include information falsely stating or implying that it was issued by or...


or she will be supplied a written warranty by the manufacturer in the form and content prescribed by the Secretary. Such warranty shall be in addition to, and not...


manufactured home unit only, no charge shall be made against, or paid by, the veteran-borrower without the express prior approval of the Secretary except as provided in...


(1) Legal title evidenced by such document as is customarily issued to the purchaser of a manufactured home in the jurisdiction in which the manufactured home is initially...


may include funds (or be augmented by a separate loan) to pay all or a part of the cost of the necessary site preparation of a lot on which to place the manufactured...


separate loan) to finance all or part of the cost of acquisition by the veteran of a lot on which to place the manufactured home and the loan shall be eligible for guaranty:...


the proceeds of a guaranteed loan, or in the realty constituting a manufactured home lot improved wholly or in part with the proceeds of a guaranteed loan, shall not be...


lot upon which a manufactured home owned by the veteran will be placed which may be paid by the veteran shall be limited, with respect to the real estate portion of the loan,...


owned by the veteran shall be eligible for guaranty, Provided, That: (1) The veteran will acquire title to such lot that conforms to the requirements of...


the conveyance of or other transfer of title to property by operation of law or otherwise, after the creation of a lien thereon to secure a loan which is guaranteed in whole or...


for the payment of accrued taxes, special assessments or other charges which constitute prior liens, or premiums on fire or other hazard insurance against loss of or damage...


as security for a guaranteed loan, or grant a fee or other interest in such property, without the prior approval of the Secretary, unless in the opinion of the holder...


develop and maintain a loan servicing program which follows accepted industry standards for servicing of similar type conventional loans. The loan servicing program...


the debtor's (s') creditworthiness, including a review of a current credit report(s) on the debtor(s), the terms of repayment of any loan may, by written agreement between...


default by reason of nonpayment of two full installments; or (b) Is in default by failing to comply with any other covenant or obligation of such guaranteed loan which...


the property require the holder upon penalty of otherwise losing the guaranty to transfer and assign the loan and the security therefor to the Secretary or to...


on or in connection with the guaranteed indebtedness, or involving title to, or other lien on, the security, such holder, within the time that would be required if...


sale contained in the loan instruments, to liquidate any security for a guaranteed loan, the Secretary may specify in advance of such sale the minimum amount which shall...


amount payable on a claim for the guaranty shall be the percentage of the loan originally guaranteed applied to the indebtedness computed as of the date of claim but...


any sum paid on a guaranty, which right shall be junior to the holder's rights as against the debtor or the encumbered property until the holder shall have received the full...


signature to the note, the mortgage or other security instrument is a forgery. Except as to a holder who acquired the loan instrument before maturity, for value, and...


power of sale otherwise, shall contain a provision empowering any holder of the indebtedness to appoint substitute trustees or other person with such power to sell, who...


to an automatic guaranty, or otherwise guaranteed or insured, on or after the date of publication in the Federal Register, and shall be applicable to such loans...


this part, unless the context otherwise requires, the terms defined in this section shall have the following meaning: A period of more than 180 days. For the purposes of...


exceed the lesser of the dollar amount of entitlement available to the veteran or (1) 50 percent of the original principal loan amount where the loan amount is not more...


a lender of a class described under 38 U.S.C. 3702(d) if the loan is reported to the Secretary within 60 days following full disbursement and upon the certification of...


and the report of final payment [[Page 603]] of the proceeds of the loan, or a change in the identity of the property upon which the original appraisal was...


or justify the lender in declining to make further disbursements on a construction loan, evidence of guaranty or of insurance of the loan or the proper pro rata part...


or other indebtedness secured by a lien of record on a dwelling or farm residence owned and occupied or to be reoccupied if the refinancing loan is for the completion of...


guaranteed, [[Page 605]] insured, or direct loan to reduce the interest rate payable on the existing loan provided the following requirements are met: (1)...


made to two or more borrowers who become jointly and severally liable, or jointly liable therefor, and who will acquire an undivided interest in the property to be purchased...


or other transfer of title to property by operation of law or otherwise, after the creation of a lien thereon to secure a loan which is guaranteed or insured in whole...


Except as provided in paragraph (e) of this section, the schedule of payments thereon shall be in accordance with any generally recognized plan of amortization...


the amount of one installment, or $100, whichever is less. Any prepayment in full of the indebtedness shall be credited on the date received, and no interest may be...


interest at a rate that is agreed upon by the veteran and the lender, or bear interest at a rate not in excess of a rate established by the Secretary. The Secretary may,...


those expressly permitted under paragraph (d) or (e) of this section, and no loan shall be guaranteed or insured unless the lender certifies to the Secretary that it has...


for the payment of accrued taxes, special assessments, ground or water rents, or premiums on fire or other casualty insurance against loss of or damage to such property and...


the debtor's (s') creditworthiness, including a review of a current credit report(s) on the debtor(s), the terms of repayment of any loan may by written agreement between...


the Secretary within 45 days after any debtor: (1) Is in default by reason of nonpayment of any installment for a period of 60 days from the date of first uncured default...


3 months, or for more than 1 month on an extended loan or on a term loan, the holder may at the holder's option then or thereafter give the notice prescribed in Sec. 36.4317. ...


court or give notice of sale under power of sale, or otherwise take steps to terminate the debtor's rights in the security until the expiration of 30 days after delivery...


the holder upon penalty of otherwise losing the guaranty or insurance to transfer and assign the loan and the security therefore to the Secretary or to another...


connection with the guaranteed or insured indebtedness, or involving title to, or other lien on, the security, such holder, within the time that would...


shall determine the net value of the security and shall notify the holder of the net value and of the regulatory provision which will govern the disposition of...


amount originally guaranteed, the amount payable on a claim for the guaranty shall be the percentage of the loan originally guaranteed applied to the indebtedness computed as of...


or in the event of a transfer of the loan under Sec. 36.4318 (a), or other accounting to the Secretary, the holder shall not be entitled to treat repayments...


any sum paid on a guaranty or on account of an insured loss, which right shall be junior to the holder's rights as against the debtor or the encumbered property until the...


as security for a guaranteed or insured loan, or grant a fee or other interest in such property, without the prior approval of the Secretary, unless in the opinion of...


or subsequent to July 1, 1948, there shall be no liability on account of a guaranty or insurance, or any certificate or other evidence thereof, with respect to a transaction...


risks or hazards to which it may be subjected to the extent customary in the locality. All moneys received under such policies covering payment of insured losses shall...


confers a power of sale otherwise, shall contain a provision empowering any holder of the indebtedness to appoint substitute trustees, or other person with such power...


for any loss caused by the lack of legal capacity of any person to contract, convey, or encumber, or caused by the existence of other legal disability or...


be situated within the United States which for purposes of 38 U.S.C. Chapter 37 is here defined as the several States, Territories and possessions, and the District...


and the dates thereof. This record shall be maintained until the Secretary ceases to be liable as guarantor or insurer of the loan. For the purpose of any accounting...


as may be approved by an official designated in Sec. 36.4342 and delivered, by mail or otherwise, to the VA office at which the guaranty or insurance was issued, or to...


endorsement, if any, of the Secretary; and forthwith inform the Secretary of such cancellation. In the event the Secretary's liability thereon is evidenced by an...


approved for a guaranty or for insurance thereunder, shall govern the rights, duties, and liabilities of the parties to such loan and any provisions of the loan...


guaranty or insurance of loans to veterans, the Under Secretary for Benefits, or the Director, Loan Guaranty Service, within the limitations and conditions prescribed by...


purposes specified in 38 U.S.C. 3710(a) only if: (1) The proceeds of such loan have been used to pay for the property purchased, constructed, repaired, refinanced, altered,...


purposes specified in 38 U.S.C. 3710(a) only if: (1) The proceeds of such loan have been used to pay for the property purchased, constructed, repaired, refinanced, altered,...
...


the Secretary, all sums then standing as a credit balance in a trust, or deposit, or other account to cover taxes, insurance accruals, or other items in connection with the...


the Secretary that his or her character, experience, and the type of work in which he or she has had experience for at least 5 years qualifies the applicant to competently...


repairs to real property entailing a cost of not more than $3,500, if such appraiser is an officer, director, trustee, employer, or employee of the lender, contractor,...


or lawfully filling, any position designated in paragraph (b) of this section is hereby delegated authority, within the limitations and conditions prescribed by law,...


the purchase or construction of residential units in any housing development, cooperative or otherwise, the title to which development or to the individual units therein is...


for delegation of authority to review VA appraisals and determine the reasonable value of properties to be purchased with VA guaranteed loans, a lender must (i)...


insurance of loans to veterans shall be valid unless in writing signed by the Secretary or the subordinate officer to whom authority has been delegated by the...


develop and maintain a loan servicing program which follows accepted industry standards for servicing of similar type conventional loans. The loan servicing program...


insurance unless such property complies or conforms with those standards of planning, construction, and general acceptability that may be applicable thereto and prescribed by...


statute to process VA guaranteed home loans on the automatic basis. This category of lenders includes any Federal land bank, national bank, State bank, private bank, building...


on the automatic basis may be withdrawn by the Secretary at any time upon 30 days notice. The automatic processing authority of both supervised and nonsupervised lenders may...


insured loan, or owned by him and on which construction, or repairs, or alterations or improvements are to be made, shall be not less than: (1) A fee simple estate...


or insurance of loans to veterans, or for the alteration, improvement, or repair thereof, and for more than $1,500 and more than 40 percent of the reasonable value of...


loans shall be secured by a lien of specified dignity. With the prior approval of the Secretary, Under Secretary for Benefits, or Director, Loan Guaranty Service,...


and business property which the veteran proposes to occupy in part as a home will be eligible under 38 U.S.C. 3710, if the property is primarily for residential purposes...


a guaranteed or insured obligation of the borrower is currently outstanding, may be reported for guaranty or insurance coverage, if such loan is made by the holder of...


purchase a one-family residential unit in a condominium housing development or project shall be eligible for guaranty or insurance to the same extent and on the same terms as...


are generally acceptable provided they are established in compliance with the applicable condominium law of the jurisdiction(s) in which the condominium...


the declarant must be reasonable and set forth in the declaration. (2) Examples of reserved rights of declarant, sponsor, or affiliate of declarant which are...


relinquish all special rights, expressed or implied, through which the declarant may directly or indirectly control, direct, modify, or veto any action of the...


apply to condominium regimes which may be increased in size by the declarant: (1) The declarant's right to expand the regime must be fully described in...


unit(s) proposed as security for guaranteed financing shall be appraised to ensure that they meet MPR's (Minimum Property Requirements) and are safe, sanitary, and...


unit, except those covering one-family residential units in condominium housing developments or projects within the purview of Secs. 36.4356 through 36.4360a, shall...


or existing construction, and any request for appraisal of individual existing housing not previously occupied, which is received on or after November 21, 1962, will not...


38 U.S.C. 1827 to an eligible borrower who has been unable to secure satisfactory correction of structural defects in a dwelling encumbered by a mortgage securing a...


housing loans to be guaranteed or insured by the Secretary: (a) Must not include information falsely stating or implying that it was issued by or at the direction...


purchaser (lender) submits with the loan report evidence of an agreement, general or special, made prior to the closing of the loan, to purchase such loan subject to its...


are transferred without recourse, guaranty, or repurchase agreement, if no payment on any loan included in the transfer is past due more than one calendar month at the time...


shall be charged to the insurance account of the transferor a sum equal to the amount paid transferor on account of the indebtedness less the current market value of...


net loss, after giving the notice prescribed in Sec. 36.4317 if security is available. The net loss shall be reported to the Secretary with proper claim, whereupon the holder...


time to time require, not more frequently than semiannually. Federally Assisted Construction Contracts--Nondiscrimination in Employment--Executive...


[Code of Federal Regulations] [Title 38, Volume 2] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR36.4390] [Page 685] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS (CONTINUED) PART 36--LOAN GUARANTY--Table of Contents Sec. 36.4390 Purpose. Sections 36.4390 through 36.4393 are promulgated to achieve the aims of the applicable provisions of Executive Orders 11246 and 11375 and the regulations of the Secretary of Labor with respect to federally assisted construction contracts. [40 FR 34595, Aug. 18, 1975] ...


``applicant for Federal assistance'' or ``applicant'' in Part III of Executive Order 11246, shall mean the builder, sponsor or developer of land to be improved by such...


taken by the Department of Veterans Affairs on any request for appraisal relating to proposed construction, site approval of land to be improved by a builder, sponsor or...


has violated the undertakings referred to in Sec. 36.4392, such person, firm or other entity shall be invited to discuss the matter in an informal hearing with the Director...


chapters 21 and 37, shall where applicable, be deemed to refer also to the prior corresponding provision of the law. [24 FR 2657, Apr....


this section shall have the meaning herein stated; namely: (a) Secretary: The Secretary of Veterans Affairs or any employee of the Department of Veterans Affairs authorized...


of reimbursing the veteran for the cost of an existing structure acquired by the veteran prior to applying for assistance or for constructing or remodeling a dwelling or...


at the veteran's own expense pursuant to section 2101(a) of chapter 21, shall be permissible notwithstanding that title to the home is or will be vested in an eligible...


payable to a veteran-beneficiary, there may be included in the total cost to the veteran the following amount, not to exceed $48,000. (1) The cost of the necessary land...


[Code of Federal Regulations] [Title 38, Volume 2] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR36.4405] [Page 690] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS (CONTINUED) PART 36--LOAN GUARANTY--Table of Contents Sec. 36.4405 Submission of proof to the Secretary. As a condition precedent to the grant the Secretary may require submission of such proof of costs and other matters as the Secretary may deem necessary. [13 FR 7282, Nov. 27, 1948, as amended at 46 FR 43674, Aug. 31, 1981] ...


the Secretary's opinion is appropriate and advisable in the interest of the veteran and the Government and disburse the benefit payable accordingly. Disbursements may be made...


Secretary, within the limitations and conditions prescribed in 38 U.S.C. chapters 3 and 21, may take such action as may be necessary or appropriate to relieve...


or lawfully filling, any position designated in paragraph (b) of this section is hereby delegated authority, within the limitations...


veteran's entitlement to the loan guaranty or insurance benefits of 38 U.S.C. chapter 37, the complete transaction must be in accord with applicable regulations promulgated...


the Secretary deems advisable for payment of any of the following costs or debts which are obligations of the veteran before any part of the grant may be paid to the...


of any specially adapted housing grant, shall be situated in the United States, which, for purposes of 38 U.S.C. chapter 21, is defined as the several States,...


to 38 U.S.C. 3711. (b) Sections 36.4501, 36.4512, and 36.4527, which concern direct loans to Native American veterans shall be applicable to loans made by...


terms defined in this section shall have the meaning herein stated, namely: Cost means the entire consideration paid or payable for or on account of the...


charged with the lessor of the loan amount or an amount which bears the same ratio to $36,000 as the amount of the loan bears to $33,000. The charge against entitlement of...


the same ratio to $33,000 as the amount of the guaranty to which the veterans is entitled under 38 U.S.C. 3710 at the time the loan is made bears to $36,000. This...


closing and in advance thereof will agree with the loan closer upon the fee to be paid by the Department of Veterans Affairs for preparing the loan closing instruments...


expenses of a veteran-applicant under customary credit standards would prevent the veteran from making the required loan payments for a loan which matures in 25 years and...


borrower which will permit the latter temporarily to repay the obligation on a basis appropriate to the borrower's apparent current ability to pay or may enter into...


loan or other indebtedness secured by a lien of record on a dwelling or farm residence owned and occupied by an eligible veteran as the veteran's home, provided that: ...


approval of the Department of Veterans Affairs or its authorized agent. The following shall apply: (1) The Department of Veterans Affairs shall include in the mortgage...


are the principal obligors thereon, nor unless such veteran alone, or together with a spouse or eligible veteran co-applicant, acquire the entire fee simple or...


the gratuity credit required by prior provisions of law to be credited to principal, may be reapplied by the Department of Veterans Affairs at the request of the borrower for...


the maintenance, repair, alteration, or improvement of the security for a loan or for the payment of taxes, assessments, ground or water rights, or casualty insurance...


borrower will be required to make payments monthly to the Secretary in such amounts as may be determined by the Secretary from time to time to be necessary for the...


credit upon the indebtedness the greater of: (a) The net proceeds of the sale, or (b) The current market value of the property as determined by the Department...


(a) The applicant is an eligible veteran. (b) The applicant has full capacity under local law to enter into binding contracts. (c) The applicant is a satisfactory credit...


owned by the veteran and on which improvements on a farmhouse are to be financed by such loan, shall be not less than: (1) A fee simple estate therein, legal or...


farm residence shall be secured by a first lien on the property or estate. Loans for the construction of a farm residence or other dwelling shall also be secured by a first lien. ...


and liabilities of the parties to such loan during the period the Department of Veterans Affairs is the holder thereof, and any provisions of the loan...


concerning direct loans to veterans, the Under Secretary for Benefits, or the Director, Loan Guaranty Service, within the limitations and conditions prescribed by the...


and the loan may not exceed the reasonable value of the property as established by the Department of Veterans Affairs: (1) To purchase or construct...


or otherwise lawfully filling, any position designated in paragraph (b) of this section is hereby delegated authority, within the limitations and conditions prescribed...


or conforms with those standards of planning, construction, and general acceptability applicable thereto which have been prescribed by the Secretary. [23 FR...


[Code of Federal Regulations] [Title 38, Volume 2] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR36.4522] [Page 703] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS (CONTINUED) PART 36--LOAN GUARANTY--Table of Contents Sec. 36.4522 Waivers, consents, and approvals. No waiver, consent, or approval required or authorized by the regulations concerning direct loans to veterans shall be valid unless in writing signed by Department of Veterans Affairs. [15 FR 6291, Sept. 20, 1950] ...


the United States, which for purposes of 38 U.S.C. Chapter 37 is here defined as the several States, Territories, and possessions, and the District of Columbia, the Commonwealth...


the Department of Veterans Affairs may issue a guaranty in connection therewith within the maximums applicable to loans guaranteed under 38 U.S.C. 3710 and such...


May 2, 1955, shall, if the purpose of the loan is to finance the construction of a dwelling or farmhouse or to finance the purchase of a newly constructed dwelling, be...


direct loans may apply for a commitment for the reservation of direct loan funds to be used for the making of loans to eligible veterans for the purchase or construction...


(1) The Secretary has entered into a memorandum of understanding with respect to such loans with the tribal organization that has jurisdiction over the veteran; or ...


sold with or without recourse. (b) The payment of all loans sold with recourse shall be guaranteed in [[Page 708]] accordance with the provisions of...


and 4128. (b) Purpose. The purpose of sections 36.4700 through 36.4709 of this part is to implement the requirements of the National Flood Insurance Act of 1968 and...


Veterans Affairs. (c) Building means a walled and roofed structure, other than a gas or liquid storage tank, that is principally above ground and affixed to a...


the building or mobile home and any personal property securing the loan is covered by flood insurance for the term of the loan. The amount of insurance must be at least equal...


under a policy of self- insurance satisfactory to the Director of FEMA, who publishes and periodically revises the list of States falling within this exemption; or ...


real estate or a mobile home that is made, increased, extended, or renewed on or after October 1, 1996, the Secretary shall also require the escrow of all...


by the Director of FEMA (as set forth in appendix A of 44 CFR part 65) when determining whether the building or mobile home offered as collateral security for a loan is or...


a designated loan that the building or mobile home and any personal property securing the designated loan is not covered by flood insurance or is covered by flood insurance in...


4001-4129), the Secretary, or a servicer acting on behalf of the Secretary, may charge a reasonable fee for determining whether the building or mobile home securing the loan...


or renews a loan secured by a building or a mobile home located or to be located in a special flood hazard area, the Secretary shall mail or deliver a written notice...


a building or mobile home located or to be located in a special flood hazard area, the Secretary shall notify the Director of FEMA (or the Director's designee) in writing...


contouring, landscaping, and construction necessary to convert a tract of land to an operational cemetery. (b) The term expansion means an increase in the...


State in establishing, expanding, or improving veterans' cemeteries which are or will be owned by such State. In order to qualify for assistance under this program, a cemetery...


shall submit SF 424, Federal Assistance, with preapplication or application attachments, as applicable, to the Secretary for such assistance in compliance with...


veterans' cemeteries shall be disapproved until the applicant has been afforded an opportunity for a hearing. (b) Whenever a hearing is requested under this section, notice...


the extent that underutilization by any of these groups is determined to exist, a program shall be established to inform members of these groups about benefits available to them....


control over the administration, personnel, maintenance, or operation of any State veterans' cemetery constructed, expanded, or improved with assistance received under...


such cemetery as veterans' cemetery, or uses any part of the funds provided through such grant for a purpose other than for which the grant was made, the United States...


such cemetery as veterans' cemetery, or uses any part of the funds provided through such grant for a purpose other than for which the grant was made, the United States...
...


Review of Federal Programs'', issued on July 14, 1982 and amended on April 8, 1983. These regulations also implement applicable provisions of section 401 of...


(a) VA means the Department of Veterans Affairs. (b) Order means Executive Order 12372, issued July 14, 1982, and amended April 8, 1983, and...


VA's programs and activities that are subject to these regulations and identifies which of these are subject to the requirements of section 204 of the Demonstration Cities...


those State and local governments that would provide the non-Federal funds for, or that would be directly affected by, proposed Federal financial assistance from, or...


with and seeks advice from all other substantially affected Federal departments and agencies in an effort to assure full coordination between such agencies and...


in the Federal Register in accordance with Sec. 40.3 of this part, for intergovernmental review under these regulations. Each State, before selecting programs...


The Secretary provides notice to directly affected State, areawide, regional, and local entities in a State of proposed Federal financial assistance or direct...


(a) Except in unusual circumstances, the Secretary gives State processes or State, areawide, regional and local officials and entities at least 60 days from the date...


Sec. 40.10 if: (1) A State office or official is designated to act as a single point of contact between a State process and all Federal agencies, and (2) That...


a State process recommendation to VA through its single point of contact, the Secretary either: (1) Accepts the recommendation; (2) Reaches a mutually...


financial assistance and direct Federal development that have an impact on interstate areas; (2) Notifying appropriate officials and entities in States which...


[Code of Federal Regulations] [Title 38, Volume 2] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR40.13] [Page 731] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS (CONTINUED) PART 40--INTERGOVERNMENTAL REVIEW OF DEPARTMENT OF VETERANS AFFAIRS PROGRAMS AND ACTIVITIES--Table of Contents Sec. 40.13 Waiver. In an emergency, the Secretary may waive any provision of these regulations. (Authority: 42 U.S.C. 4231(b)) ...


requirements for State and local governments that receive Federal aid, and defines Federal responsibilities for implementing and monitoring those requirements. The...


the Federal agency assigned by the OMB (Office of Management and Budget) to carry out the responsibilities described in Sec. 41.11. (b) Federal financial assistance...


government auditing standards covering financial and compliance audits. (b) The audit shall cover the entire operations of a State or local government or, at the...


for less frequent audits. For those governments, the cognizant agency shall permit biennial audits, covering both years, if the government so requests. It shall...


has internal control systems to provide reasonable assurance that it is managing Federal assistance programs in compliance with applicable laws and regulations. ...


shall: (a) Determine whether State or local subrecipients have met the audit requirements of these regulations and whether subrecipients covered by Circular...


any financial or financial compliance audit required under individual Federal assistance programs. To the extent that a single audit provides Federal agencies with...


(a) The Office of Management and Budget will assign cognizant agencies for States and their subdivisions and larger local governments and their subdivisions....


officials above the level of involvement. (See also Sec. 41.13(a)(3) for the auditor's reporting responsibilities.) The recipient, in turn, shall promptly notify...


well as meeting the requirements of the Single Audit Act. (a) The audit report shall state that the audit was made in accordance with the provisions of these regulations....


the programs of more than one Federal agency. Resolution of findings that relate to the programs of a single Federal agency will be the responsibility of the recipient...


auditor is notified in writing by the cognizant agency to extend the retention period. Audit workpapers shall be made available upon request to the cognizant agency or...


(a) The charges may be considered a direct cost or an allocated indirect cost, determined in accordance with the provision of Circular A-87, ``Cost principles for State...


not made in accordance with these regulations. In [[Page 738]] cases of continued inability or unwillingness to have a proper audit, Federal agencies must...


of Circular A-102, ``Uniform requirements for grants to State and local governments.'' The standards provide that while recipients are encouraged to enter into...


have the maximum practicable opportunity to participate in contracts awarded to fulfill the requirements of these regulations. Recipients of Federal assistance shall take...


State and local governments in carrying out the provisions of these regulations. The report must identify each State or local government or Indian tribe that, in the opinion of...


L. 99-509, 6101-6104, 100 Stat. 1874 (October 21, 1986), to be codified at 31 U.S.C. 3801-3812. Section 3809 of title 31 U.S.C., requires each authority head, such as the Secretary...


Law Judge in the Department of Veterans Affairs pursuant to 5 U.S.C. 3105 or detailed to the Department of Veterans Affairs pursuant to 5 U.S.C. 3344. Benefit...


section, any person who makes a claim that the person knows or has reason to know-- (i) Is false, fictitious, or fraudulent; (ii) Includes or is supported by...


official. (b) If an investigating official concludes that a subpoena pursuant to the authority conferred by 31 U.S.C. 3804(a) is warranted-- (1) The subpoena...


official to determine if there is adequate evidence to believe a person is liable under Sec. 42.3 of this part. The review will be completed within 90 days. (b)...


this part only if-- (1) The Department of Justice approves the issuance of a complaint in a written statement described in 31 U.S.C. 3803(b)(1), and (2) In the case...


accordance with 31 U.S.C. 3803(b)(1), the reviewing official may serve a complaint on the defendant, as provided in Sec. 42.8 of this part. (b) The complaint shall...


delivery in any manner authorized by Rule 4(d) of the Federal Rules of Civil Procedure. Service is complete upon receipt. (b) Proof of service, stating the name and address of...


30 days of service of the complaint. An answer shall be deemed to be a request for hearing. (b) In the answer, the defendant-- (1) Shall admit or deny each of...


in Sec. 42.9(a) of this part, the reviewing official may refer the complaint to the ALJ. (b) Upon the referral of the complaint, the ALJ shall promptly serve on...


[Code of Federal Regulations] [Title 38, Volume 2] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR42.11] [Page 744] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS (CONTINUED) PART 42--STANDARDS IMPLEMENTING THE PROGRAM FRAUD CIVIL REMEDIES ACT--Table of Contents Sec. 42.11 Referral of complaint and answer to the Administrative Law Judge (ALJ). Upon receipt of an answer, the reviewing official shall file the complaint and answer with the ALJ. ...


a notice of hearing upon the defendant in the manner prescribed by Sec. 42.8 of this part. At the [[Page 745]] same time, the ALJ shall send a copy of such notice...


Veterans Affairs. (b) Pursuant to 31 U.S.C. 3730(c)(5), a private plaintiff under the False Claims Act may participate in these proceedings to the extent authorized by...


agent of the Department of Veterans Affairs who takes part in investigating, preparing, or presenting a particular case may not, in the case or a factually related case-- ...


any way with the ALJ on any matter at issue in a case, unless on notice and opportunity for all parties to participate. This provision does not prohibit a person or party from...


disqualify himself or herself at any time. (b) A party may file with the ALJ a motion for disqualification of a reviewing official or an ALJ. The motion shall be accompanied...


(a) Be accompanied, represented, and advised by a representative; (b) Participate in any conference held by the ALJ; (c) Conduct discovery; (d) Agree...


and assure that a record of the proceeding is made. (b) The ALJ has the authority to-- (1) Set and change the date, time, and place of the hearing upon...


the motion of any party, the ALJ shall schedule at least one prehearing conference at a reasonable time in advance of the hearing. (c) The ALJ may use prehearing conferences...


any relevant and material documents, transcripts, records, and other materials that relate to the allegations set out in the complaint and upon which the findings and...


documents for inspection and copying; (2) Requests for admissions of the authenticity of any relevant document or the truth of any relevant fact; (3) Written...


such other time as may be ordered by the ALJ, the parties shall exchange witness lists, copies of prior statements of proposed witnesses, and copies of proposed hearing...


individual at the hearing may request that the ALJ issue a subpoena. (b) A subpoena requiring the attendance and testimony of an individual may also require the individual...


with respect to discovery sought by an opposing party or with respect to the hearing, seeking to limit the availability or disclosure of evidence. (b) In issuing...


in the amounts that would be payable to a witness in a proceeding in United States District Court. A check for witness fees and mileage shall accompany the subpoena...


two copies. (2) Every pleading and paper filed in the proceeding shall contain a caption setting forth the title of the action, the case number assigned by the...


the time begins with the date following the act, event, or default, and includes the last day of the period, unless it is a Saturday, Sunday, or legal holiday observed by...


the relief sought, the authority relied upon, and the facts alleged, and shall be filed with the ALJ and served on all other parties. (b) Except for motions made during...


(1) Failing to comply with an order, rule, or procedure governing the proceeding; (2) Failing to prosecute or defend an action; or (3) Engaging in other misconduct...


the defendant is liable for a civil penalty or assessment under Sec. 42.3 of this part and, if so, the appropriate amount of any civil penalty or assessment...


penalties and assessments, the ALJ and the Secretary of Veterans Affairs, upon appeal, should evaluate any circumstances that mitigate or aggravate the violation and...


in which the defendant resides or transacts business; (2) In any judicial district of the United States in which the claim or statement in issue was made; or ...


given orally by witnesses under oath or affirmation. (b) At the discretion of the ALJ, testimony may be admitted in the form of a written statement or deposition. Any...


this part, the ALJ shall not be bound by the Federal Rules of Evidence. However, the ALJ may apply the Federal Rules of Evidence where appropriate, e.g., to exclude...


hearing from the ALJ at a cost not to exceed the actual cost of duplication. (b) The transcription of testimony, exhibits and other evidence admitted at the hearing,...


party may file a post-hearing brief. The ALJ shall fix the time for filing the briefs, not to exceed 60 days from the date the parties receive the transcript of the hearing or,...


findings of fact, conclusions of law, and the amount of any penalties and assessments imposed. (b) The findings of fact shall include a finding on each of the...


may file a motion for reconsideration of the initial decision within 20 days of receipt of the initial decision. If service was made by mail, receipt will be presumed to...


determined in an initial decision to be liable for a civil penalty or assessment may appeal the decision to the Secretary of Veterans Affairs by filing a notice of appeal with...


designated by the Attorney General transmits to the Secretary a written finding that continuation of the administrative process described in this part with respect to a...


[Code of Federal Regulations] [Title 38, Volume 2] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR42.41] [Page 754] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS (CONTINUED) PART 42--STANDARDS IMPLEMENTING THE PROGRAM FRAUD CIVIL REMEDIES ACT--Table of Contents Sec. 42.41 Stay pending appeal. (a) An initial decision is stayed automatically pending disposition of a motion for reconsideration or of an appeal to the Secretary. (b) No administrative stay is available following a final decision of the Secretary. ...


States District Court of a final decision of the Secretary imposing penalties or assessments under this part and specifies the procedures for...


[Code of Federal Regulations] [Title 38, Volume 2] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR42.43] [Page 754] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS (CONTINUED) PART 42--STANDARDS IMPLEMENTING THE PROGRAM FRAUD CIVIL REMEDIES ACT--Table of Contents Sec. 42.43 Collection of civil penalties and assessments. Sections 3806 and 3808(b) of title 31 U.S.C., authorizes actions for collection of civil penalties and assessments imposed under this part and specify the procedures for the action. ...


a judgment has been entered under Sec. 42.42 or Sec. 42.43 of this part, or any amount agreed upon in a compromise or settlement under Sec. 42.46 of this part, may...


[Code of Federal Regulations] [Title 38, Volume 2] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR42.45] [Page 754] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS (CONTINUED) PART 42--STANDARDS IMPLEMENTING THE PROGRAM FRAUD CIVIL REMEDIES ACT--Table of Contents Sec. 42.45 Deposit in Treasury of United States. All amounts collected pursuant to this part shall be deposited as miscellaneous receipts in the Treasury of the United States, except as provided in 31 U.S.C. 3806(b). ...


(b) The reviewing official has the exclusive authority to compromise or settle a case under this part at any time after the date on which the reviewing official is permitted to issue...


specified in Sec. 42.8 of this part within 6 years after the date on which such claim or statement is made. (b) If the defendant fails to file a timely answer, service of...


this part. This part establishes uniform administrative rules for Federal grants and cooperative agreements and subawards to State, local and Indian...


[Code of Federal Regulations] [Title 38, Volume 2] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR43.2] [Page 755] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS (CONTINUED) PART 43--UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS--Table of Contents Subpart A--General Sec. 43.2 Scope of subpart. This subpart contains general rules pertaining to this part and procedures for control of exceptions from this part. ...


As used in this part: Accrued expenditures mean the charges incurred by the grantee during a given period requiring the provision of funds for: (1) Goods...


(a) General. Subparts A-D of this part apply to all grants and subgrants to governments, except where inconsistent with Federal statutes or with regulations authorized...


All other grants administration provisions of codified program regulations, program manuals, handbooks and other nonregulatory materials which are...


(a) For classes of grants and grantees subject to this part, Federal agencies may not impose additional administrative requirements except in codified...


applying for grants. (a) Scope. (1) This section prescribes forms and instructions to be used by governmental organizations (except hospitals and institutions...


plans. (a) Scope. The statutes for some programs require States to submit plans before receiving grants. Under regulations implementing Executive Order...


or subgrant conditions for ``high-risk'' grantees. (a) A grantee or subgrantee may be considered ``high risk'' if an awarding agency determines that a grantee...


for financial management systems. Financial Administration (a) A State must expand and account for grant funds in accordance...


(a) Scope. This section prescribes the basic standard and the methods under which a Federal agency will make payments to grantees, and grantees will make payments...


(a) Limitation on use of funds. Grant funds may be used only for: (1) The allowable costs of the grantees, subgrantees and cost-type contractors,...


of availability of funds. (a) General. Where a funding period is specified, a grantee may charge to the [[Page 763]] award only costs resulting...


or cost sharing. (a) Basic rule: Costs and contributions acceptable. With the qualifications and exceptions listed in paragraph (b) of this section, a matching or...


income. (a) General. Grantees are encouraged to earn income to defray program costs. Program income includes income from fees for services performed, from the use...


(a) Basic rule. Grantees and subgrantees are responsible for obtaining audits in accordance with the Single Audit Act Amendments of 1996 (31 U.S.C....


(a) General. Grantees and subgrantees are permitted to rebudget within the approved direct cost budget to meet unanticipated requirements and may make limited...


property. (a) Title. Subject to the obligations and conditions set forth in this section, title to real property acquired under a grant or subgrant will vest...


(a) Title. Subject to the obligations and conditions set forth in this section, title to equipment acquired under a grant or subgrant will vest upon acquisition...


(a) Title. Title to supplies acquired under a grant or subgrant will vest, upon acquisition, in the grantee or subgrantee respectively. (b) Disposition. If there is...


The Federal awarding agency reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use,...


debarred and suspended parties. Grantees and subgrantees must not make any award or permit any award (subgrant or contract) at any tier to any party which is debarred...


(a) States. When procuring property and services under a grant, a State will follow the same policies and procedures it uses for procurements from its...


(a) States. States shall follow state law and procedures when awarding and administering subgrants (whether on a cost reimbursement or fixed amount basis) of...


and reporting program performance. (a) Monitoring by grantees. Grantees are responsible for managing the day-to-day operations of grant and subgrant supported...


reporting. (a) General. (1) Except as provided in paragraphs (a)(2) and (5) of this section, grantees will use only the forms specified in paragraphs (a) through...


and access requirements for records. (a) Applicability. (1) This section applies to all financial and programmatic records, supporting documents, statistical records,...


(a) Remedies for noncompliance. If a grantee or subgrantee materially fails to comply with any term of an award, whether stated in a Federal statute or...


convenience. Except as provided in Sec. 43.43 awards may be terminated in whole or in part only as follows: (a) By the awarding agency with the consent of...


(a) General. The Federal agency will close out the award when it determines that all applicable administrative actions and all required work of the grant has...


and adjustments. The closeout of a grant does not affect: (a) The Federal agency's right to disallow costs and recover funds on the basis of a later...


Collection of amounts due. (a) Any funds paid to a grantee in excess of the amount to which the grantee is finally determined to be entitled under the terms of the...


Purpose. (a) Executive Order (E.O.) 12549 provides that, to the extent permitted by law, Executive departments and agencies shall participate in...


Definitions. The following definitions apply to this part: Adequate evidence. Information sufficient to support the reasonable belief that a particular...


Coverage. (a) These regulations apply to all persons who have participated, are currently participating or may reasonably be expected to participate...


Policy. (a) In order to protect the public interest, it is the policy of the Federal Government to conduct business only with responsible persons. Debarment...


44.200 Debarment or suspension. (a) Primary covered transactions. Except to the extent prohibited by law, persons who are debarred or suspended shall be...


Ineligible persons. Persons who are ineligible, as defined in Sec. 44.105(i), are excluded in accordance with the applicable statutory, executive order,...


Voluntary exclusion. Persons who accept voluntary exclusions under Sec. 44.315 are excluded in accordance with the terms of their settlements. Department...


Exception provision. The Department of Veterans Affairs may grant an exception permitting a debarred, suspended, or voluntarily excluded person, or a...


44.220 Continuation of covered transactions. (a) Notwithstanding the debarment, suspension, proposed debarment under 48 CFR part 9, subpart 9.4, determination...


Failure to adhere to restrictions. (a) Except as permitted under Sec. 44.215 or Sec. 44.220, a participant shall not knowingly do business under a...


General. The debarring official may debar a person for any of the causes in Sec. 44.305, using procedures established in Secs. 44.310 through 44.314....


Causes for debarment. Debarment may be imposed in accordance with the provisions of Secs. 44.300 through 44.314 for: (a) Conviction of or civil...


Procedures. The Department of Veterans Affairs shall process debarment actions as informally as practicable, consistent with the principles of...


Investigation and referral. Information concerning the existence of a cause for debarment from any source shall be promptly reported, investigated, and referred,...


Notice of proposed debarment. A debarment proceeding shall be initiated by notice to the respondent advising: (a) That debarment is being considered; ...


Opportunity to contest proposed debarment. (a) Submission in opposition. Within 30 days after receipt of the notice of proposed debarment, the respondent may submit,...


Debarring official's decision. (a) No additional proceedings necessary. In actions based upon a conviction or civil judgment, or in which there is no...


Settlement and voluntary exclusion. (a) When in the best interest of the Government, Department of Veterans Affairs may, at any time, settle a debarment or...


Period of debarment. (a) Debarment shall be for a period commensurate with the seriousness of the cause(s). If a suspension precedes a debarment, the...


Scope of debarment. (a) Scope in general. (1) Debarment of a person under these regulations constitutes debarment of all its divisions and other...


General. (a) The suspending official may suspend a person for any of the causes in Sec. 44.405 using procedures established in Secs. 44.410...


Causes for suspension. (a) Suspension may be imposed in accordance with the provisions of Secs. 44.400 through 44.413 upon adequate evidence: (1) To...


Procedures. (a) Investigation and referral. Information concerning the existence of a cause for suspension from any source shall be promptly...


Notice of suspension. When a respondent is suspended, notice shall immediately be given: (a) That suspension has been imposed; (b) That the suspension...


Opportunity to contest suspension. (a) Submission in opposition. Within 30 days after receipt of the notice of suspension, the respondent may submit, in person,...


44.413 Suspending official's decision. The suspending official may modify or terminate the suspension (for example, see Sec. 44.320(c) for reasons for reducing the...


Period of suspension. (a) Suspension shall be for a temporary period pending the completion of an investigation or ensuing legal, debarment, or Program...


Scope of suspension. The scope of a suspension is the same as the scope of a debarment (see Sec. 44.325), except that the procedures of Secs. 44.410...


44.500 GSA responsibilities. (a) In accordance with the OMB guidelines, GSA shall compile, maintain, and distribute a list of all persons who...


44.505 Department of Veterans Affairs responsibilities. (a) The agency shall provide GSA with current information concerning debarments,...


Sec. 44.510 Participants' responsibilities. (a) Certification by participants in primary covered transactions. Each participant shall submit...


44.600 Purpose. Source: 55 FR 21688, 21700, May 25, 1990, unless otherwise noted. (a) The purpose of this subpart is to carry out the...


Sec. 44.605 Definitions. (a) Except as amended in this section, the definitions of Sec. 44.105 apply to this subpart. (b) For purposes of...


44.610 Coverage. (a) This subpart applies to any grantee of the agency. (b) This subpart applies to any grant, except where application of this...


Sec. 44.615 Grounds for suspension of payments, suspension or termination of grants, or suspension or debarment. A grantee shall be deemed in violation of...


44.620 Effect of violation. (a) In the event of a violation of this subpart as provided in Sec. 44.615, and in accordance with applicable law, the...


44.625 Exception provision. The agency head may waive with respect to a particular grant, in writing, a suspension of payments under a grant, suspension...


Sec. 44.630 Certification requirements and procedures. (a)(1) As a prior condition of being awarded a grant, each grantee shall make the...


44.635 Reporting of and employee sanctions for convictions of criminal drug offenses. (a) When a grantee other than an individual is notified that...


44.700 General. Source: 58 FR 60385, Nov. 16, 1993, unless otherwise noted. Field Facility Directors are authorized to order a limited denial...


44.705 Causes for a limited denial of participation. (a) Causes. A limited denial of participation shall be based upon adequate evidence of any of the...


44.710 Scope and period of a limited denial of participation. (a) Scope and Period. The scope of a limited denial of participation shall be as follows: ...


44.711 Notice. (a) Generally. A limited denial of participation shall be initiated by advising a participant or contractor, and any specifically...


44.712 Conference. Upon receipt of a request for a conference, the official imposing the sanction shall arrange such a conference with the participant...


44.713 Appeal. Where the decision is made to affirm all or a portion of the remaining period of exclusion, any participant desiring an appeal shall file...


recipient of a Federal contract, grant, loan, or cooperative ageement to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member...


U.S.C. 552(f), includes Federal executive departments and agencies as well as independent regulatory commissions and Government corporations, as defined in 31 U.S.C. 9101(1). ...


a disclosure form, if required, with each submission that initiates agency consideration of such person for: (1) Award of a Federal contract, grant, or cooperative...


appropriated funds, in Sec. 45.100(a), does not apply in the case of a payment of reasonable compensation made to an officer or employee of a person requesting or receiving...


of appropriated funds, in Sec. 45.100(a), does not apply in the case of a payment of reasonable compensation made to an officer or employee of a person requesting or receiving...


[Code of Federal Regulations] [Title 38, Volume 2] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR45.210] [Page 807] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS (CONTINUED) PART 45--NEW RESTRICTIONS ON LOBBYING--Table of Contents Subpart B--Activities by Own Employees Sec. 45.210 Reporting. No reporting is required with respect to payments of reasonable compensation made to regularly employed officers or employees of a person. ...


the use of appropriated funds, in Sec. 45.100(a), does not apply in the case of any reasonable payment to a person, other than an officer or employee of a person requesting...


be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure. (b) Any person who fails to file or amend the disclosure...


to the provisions of the Program Fraud and Civil Remedies Act, 31 U.S.C. sections 3803 (except subsection (c)), 3804, 3805, 3806, 3807, 3808, and 3812, insofar as...


[Code of Federal Regulations] [Title 38, Volume 2] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR45.410] [Page 808-809] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS (CONTINUED) PART 45--NEW RESTRICTIONS ON LOBBYING--Table of Contents Subpart D--Penalties and Enforcement Sec. 45.410 Enforcement. The head of each agency shall take such actions as are necessary to ensure [[Page 809]] that the provisions herein are vigorously implemented and enforced in that agency. ...


a covered Federal action from the prohibition whenever the Secretary determines, in writing, that such an exemption is in the national interest. The Secretary...


the disclosure reports (see appendix B) and, on May 31 and November 30 of each year, submit to the Secretary of the Senate and the Clerk of the House of Representatives...


specified in paragraph (b) of this section, of each agency shall prepare and submit to Congress each year, commencing with submission of the President's Budget in 1991,...


Health Care Quality Improvement Act of 1986, as amended (42 U.S.C. 11101-11152). (b) Claim of medical malpractice means a written claim or demand for payment based on an...


Bank, authorized by the Act and administered by the Department of Health and Human Services, was established for the purpose of collecting and releasing certain...


(a) VA will file a report with the National Practitioner Data Bank, in accordance with regulations at 45 CFR part 60, subpart B, as applicable, regarding any payment...


(a) VA will file an adverse action report with the National Practitioner Data Bank in accordance with regulations at 45 CFR part 60, subpart B, as applicable,...


VA will request information from the National Practitioner Data Bank, in accordance with the regulations published at 45 CFR part 60, subpart C, as...


Note that medical quality assurance records that are confidential and privileged under the provisions of 38 U.S.C. 5705 may not be used as evidence for...


Reporting under this part (including the submission of copies) may not be the subject of negotiation in any settlement agreement, employee action, legal proceedings, or any...


acting on behalf of the Department of Veterans Affairs are subject to the National Practitioner Data Bank reporting provisions of this part. In the following circumstances,...


to practice dental surgery or medical dentistry by a State (or any individual who, without authority, holds himself or herself out to be so authorized). ...


any currently employed licensed health care professional or separated licensed health care professional whose clinical practice during VA employment so...


paying per diem to State homes providing nursing home care to eligible veterans and is intended to ensure that veterans receive high quality care in...


Clinical nurse specialist means a licensed professional nurse with a master's degree in nursing with a major in a clinical nursing specialty from an academic program accredited by...


VA will pay per diem to a State for providing nursing home care to eligible veterans in a facility if the Under Secretary for Health recognizes the...


To apply for recognition and certification of a State home for nursing home care, a State must: (a) Send a request for recognition and certification to...


(a)(1) The Under Secretary for Health will make the determination regarding recognition and the initial determination regarding certification, after receipt of a...


Notwithstanding other provisions of this part, a facility that already is recognized by VA as a State home for nursing home care at the time this part becomes effective, automatically...


diem monthly for nursing home care provided to an eligible veteran in a facility recognized as a State home for nursing home care. During Fiscal Year 2000, VA will pay the lesser...


under this part if VA determines that the veteran needs nursing home care and the veteran is within one of the following categories: (a) Veterans...


The provisions of this subpart are the standards that a State home and facility management must meet for the State to receive per diem for nursing...


a dignified existence, self- determination, and communication with and access to persons and services inside and outside the facility. The facility management must protect...


(a) Transfer and discharge. (1) Definition: Transfer and discharge includes movement of a resident to a bed outside of the facility whether that bed is in the same physical plant or...


(a) Restraints. (1) The resident has a right to be free from any chemical or physical restraints imposed for purposes of discipline or convenience. When a restraint is applied or used,...


care for its residents in a manner and in an environment that promotes maintenance or enhancement of each resident's quality of life. (a) Dignity. The facility management...


conduct initially, annually and as required by a change in the resident's condition a comprehensive, accurate, standardized, reproducible assessment of each...


the facility management must provide the necessary care and services to attain or maintain the highest practicable physical, mental, and psychosocial well-being, in...


an organized nursing service with a sufficient number of qualified nursing personnel to meet the total nursing care needs, as determined by resident assessment...


provide each resident with a nourishing, palatable, well-balanced diet that meets the daily nutritional and special dietary needs of each resident. (a) Staffing....


in writing a recommendation that an individual be admitted to a facility. Each resident must remain under the care of a physician. (a) Physician supervision....


services. If specialized rehabilitative services such as but not limited to physical therapy, speech therapy, occupational therapy, and mental health services for mental...


obtain from an outside resource, in accordance with Sec. 51.210(h) of this part, routine and emergency dental services to meet the needs of each resident; (b) A facility...


provide routine and emergency drugs and biologicals to its residents, or obtain them under an agreement described in Sec. 51.210(h) of this part. The facility management must...


establish and maintain an infection control program designed to provide a safe, sanitary, and comfortable environment and to help prevent the...


be designed, constructed, equipped, and maintained to protect the health and safety of residents, personnel and the public. (a) Life safety from fire. The facility...


a manner that enables it to use its resources effectively and efficiently to attain or maintain the highest practicable physical, mental, and psychosocial well being...


paying per diem to State homes providing adult day health care to eligible veterans and includes quality assurance requirements that are intended to ensure that...


Activities of daily living (ADLs) means the functions or tasks for self-care usually performed in the normal course of a day, i.e., mobility, bathing, dressing,...


certification. VA will pay per diem to a State for providing adult day health care to eligible veterans in a facility if the Under Secretary for Health recognizes...


certification. To apply for recognition and certification of a State home for adult day health care, a State must: (a) Send a request for recognition...


(a)(1) The Under Secretary for Health will make the determination regarding recognition and the initial determination regarding certification, after receipt of...


Year 2002, VA will pay monthly one-half of the total cost of each eligible veteran's adult day health care for each day the veteran is in a facility recognized as a State home...


under this part if VA determines that the veteran meets the definition of a veteran in 38 U.S.C. 101, is not barred from receiving this VA care under 38 U.S.C....


The provisions of this subpart are the standards that a State home and program management must meet for the State to receive per diem for adult day health care provided at...


Adult day health care must be a therapeutically-oriented outpatient day program, which provides health maintenance and rehabilitative services to participants. The...


right to a dignified existence, self- determination, and communication with and access to persons and services inside and outside the facility. The program management must protect...


The program management has a written statement of participant and family caregiver responsibilities that are posted in the facility and provided to the participant and...


(a) Participants in the adult day health care program must meet the provisions of this part that apply to participants and-- (1) Must meet at least two of the...


(a) Restraints. (1) The participant has a right to be free from any chemical or physical restraints imposed for purposes of discipline or convenience. When a restraint is applied...


provide an environment and provide or coordinate care that supports the quality of life of each participant by maximizing the individual's potential strengths and skills. ...


must conduct initially, semi-annually and as required by a change in the participant's condition a comprehensive, accurate, standardized, reproducible assessment of...


and the program management must provide, the necessary care and services to attain or maintain the highest practicable physical, mental, and psychosocial well-being,...


provide an organized nursing service with a sufficient number of qualified nursing personnel to meet the total nursing care needs, as determined by participant assessment...


provide each participant with a nourishing, palatable, well-balanced meal that proportionally meets the daily nutritional and special dietary needs of each participant. ...


enrollment in adult day health care program, a participant must obtain a written physician order [[Page 859]] for enrollment. Each participant must remain under the care...


of services. If specialized rehabilitative services such as, but not limited to, physical therapy, speech therapy, occupational therapy, and mental health services for...


if necessary, assist the participant and family/caregiver-- (1) In making appointments; and (2) By arranging for transportation to and from the dental services. ...


must assist with the management of medication and have a system for disseminating drug information to participants and program staff. (a) Procedures. (1) The...


establish and maintain an infection control program designed to prevent the development and transmission of disease and infection. (a) Infection control program. The...


must be designed, constructed, equipped, and maintained to protect the health and safety of participants, personnel and the public. (a) Life safety from fire....


program must be administered in a manner that enables it to use its resources effectively and efficiently to attain or maintain the highest practicable physical, mental,...


and from the adult day health care facility must be a component of the overall program. (a)(1) Except as provided in paragraph (a)(2) of this section, the adult...


[Code of Federal Regulations] [Title 38, Volume 2] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR58.10] [Page 867-869] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS (CONTINUED) PART 58--FORMS--Table of Contents Sec. 58.10 VA Form 10-3567--State Home Inspection Staffing Profile. [GRAPHIC] [TIFF OMITTED] TR06JA00.000 [[Page 868]] [GRAPHIC] [TIFF OMITTED] TR06JA00.001 [[Page 869]] [GRAPHIC] [TIFF OMITTED] TR06JA00.002 [[Page 870]] ...


[Code of Federal Regulations] [Title 38, Volume 2] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR58.11] [Page 870-871] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS (CONTINUED) PART 58--FORMS--Table of Contents Sec. 58.11 VA Form 10-5588--State Home Report and Statement of Federal Aid Claimed. [GRAPHIC] [TIFF OMITTED] TR06JA00.003 [[Page 871]] [GRAPHIC] [TIFF OMITTED] TR06JA00.004 [[Page 872]] ...


[Code of Federal Regulations] [Title 38, Volume 2] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR58.12] [Page 872-873] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS (CONTINUED) PART 58--FORMS--Table of Contents Sec. 58.12 VA Form 10-10EZ--Application for Health Benefits [GRAPHIC] [TIFF OMITTED] TR06JA00.005 [[Page 873]] [GRAPHIC] [TIFF OMITTED] TR06JA00.006 [[Page 874]] ...


[Code of Federal Regulations] [Title 38, Volume 2] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR58.13] [Page 874-876] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS (CONTINUED) PART 58--FORMS--Table of Contents Sec. 58.13 VA Form 10-10SH--State Home Program Application for Veteran Care Medical Certification. [GRAPHIC] [TIFF OMITTED] TR06JA00.007 [[Page 875]] [GRAPHIC] [TIFF OMITTED] TR06JA00.008 [[Page 876]] [GRAPHIC] [TIFF OMITTED] TR06JA00.009 [[Page 877]] ...


[Code of Federal Regulations] [Title 38, Volume 2] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR58.14] [Page 877] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS (CONTINUED) PART 58--FORMS--Table of Contents Sec. 58.14 VA Form 10-0143A--Statement of Assurance of Compliance with Section 504 of The Rehabilitation Act of 1973. [GRAPHIC] [TIFF OMITTED] TR06JA00.010 [[Page 878]] ...


[Code of Federal Regulations] [Title 38, Volume 2] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR58.15] [Page 878-879] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS (CONTINUED) PART 58--FORMS--Table of Contents Sec. 58.15 VA Form 10-0143--Department of Veterans Affairs Certification Regarding Drug-Free Workplace Requirements for Grantees Other Than Individuals. [GRAPHIC] [TIFF OMITTED] TR06JA00.011 [[Page 879]] [GRAPHIC] [TIFF OMITTED] TR06JA00.012 [[Page 880]] ...


[Code of Federal Regulations] [Title 38, Volume 2] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR58.16] [Page 880] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS (CONTINUED) PART 58--FORMS--Table of Contents Sec. 58.16 VA Form 10-0144--Certification Regarding Lobbying. [GRAPHIC] [TIFF OMITTED] TR06JA00.013 [[Page 881]] ...


[Code of Federal Regulations] [Title 38, Volume 2] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR58.17] [Page 881] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS (CONTINUED) PART 58--FORMS--Table of Contents Sec. 58.17 VA Form 10-0144A--Statement of Assurance of Compliance with Equal Opportunity Laws. [GRAPHIC] [TIFF OMITTED] TR06JA00.014 [[Page 882]] ...


home facilities (or to acquire facilities to be used as State home facilities) for furnishing domiciliary or nursing home care to veterans, and (b) To expand, remodel,...


which to establish a State home for the provision of domiciliary and/or nursing home care to veterans. Adult day health care is a therapeutically-oriented outpatient...


Number for a project, the number must be included on all subsequent written communications to VA from the State, or its agent, regarding a request for a grant...


this part will be the Chief Consultant, Geriatrics and Extended Care, unless specified to be the Secretary or other VA official. The VA decisionmaker will provide...


be presented to VA must be made, unless otherwise specified under this part, to the Chief Consultant, Geriatrics and Extended Care (114), VA Central Office, 810 Vermont...


initial application for the grant must be approved under Sec. 59.20, and the project must be ranked sufficiently high on the priority list for the current fiscal year so...


in Sec. 59.50 of this part for the next fiscal year, a State must submit to VA an original and one copy of a completed VA Form 10-0388 and all information, documentation,...


submit to VA documentation [[Page 884]] that the site of the project is in reasonable proximity to a sufficient concentration and population of veterans that are 65...


as provided in paragraph (b) of this section, a State may not request a grant for a project to construct or acquire a new State home facility, to increase the number of...


on or before August 15 and that were approved under Sec. 59.20 of this part. Except as provided in paragraphs (b) and (c) of this section, applications will be prioritized...


the fiscal year for which the priority list was made, during that fiscal year the State must submit to VA an original and a copy of the following: (a) Complete,...


this part, will: (1) Award a grant for each application that has been approved under Sec. 59.20, that is sufficiently high on the priority list so that funding is...


this part may not be less than $400,000 and, except as provided in paragraph (i) of this section, the total cost of a project will not exceed the total cost of new...


may approve a change in a line item (line items are identified in Form 424C which is set forth in Sec. 59.170(o) of this part) of up to 10 percent (increase...


the State representative, the State home for which such project is being carried out, or any other State agency or instrumentality. Such amount shall be paid by way...


a State home for the purpose for which the grant was made, the United States shall be entitled to recover from the State which was the recipient of the grant or from the then...


of this part, the Secretary will advise the State by letter that a grant is tentatively denied, explain the reasons for the tentative denial, and inform the State of...


changes the cost estimates by 10 percent or more shall be subject to approval in the same manner as an original application. (Authority: 38 U.S.C. 101, 501, 1710,...


[Code of Federal Regulations] [Title 38, Volume 2] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR59.122] [Page 892] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS (CONTINUED) PART 59--GRANTS TO STATES FOR CONSTRUCTION OR ACQUISITION OF STATE HOMES-- Table of Contents Sec. 59.122 Withdrawal of application. A State representative may withdraw an application by submitting to VA a written document requesting withdrawal. (Authority: 38 U.S.C. 101, 501, 1710, 1742, 8105, 8131-8137) ...


be held in VA Central Office in Washington, DC, to provide an opportunity for the State and its architects to discuss requirements for a grant with...


and audits as necessary to ensure compliance with the provisions of this part. The State will provide evidence that it has met its responsibility under the Single...


funds under this part, States must comply with the requirements of this section. (a) The physical environment of a State home must be designed, constructed, equipped,...


home facility under this part, States must comply with the requirements of this section. (a) Resident rooms must be designed and equipped for adequate nursing...


this part, the domiciliary must meet the requirements for a nursing home specified in Sec. 59.140 of this part. (Authority: 38 U.S.C. 101, 501, 1710, 1742,...


part for an adult day health care facility, States must meet the requirements of this section. (a) Each adult day health care program, when it is co-located in...


[TIFF OMITTED] TR26JN01.001 [[Page 899]] [GRAPHIC] [TIFF...


medical care or C&P examinations and a family member or other person accompanying the veteran to provide the equivalent of familial support. (Authority: 38 U.S.C....


Service to be conducted at a VA health care facility for the purpose of evaluating claims by veterans. Temporary lodging means: (1) Lodging at a Fisher House which...


(a) A veteran with an appointment at a VA health care facility for the purpose of receiving health care or a C&P examination; and (b) A member of the family of such veteran or...


the temporary lodging program at the VA health care facility of jurisdiction. This may be done by letter, electronic means (including telephone, e-mail, or...


miles, or at least two hours from his or her home to the VA health care facility, except that the facility Director at the VA health care facility of jurisdiction may make...


and [[Page 929]] must be capable of self-care or be accompanied by a caregiver able to provide the necessary care. Questions regarding these issues will be...


at a VA health care facility. When a veteran is undergoing extensive treatment or procedures, such as an organ transplant or chemotherapy, eligible persons may...


a VA health care facility will be made available if not barred by law and if the Director of the VA health care facility determines that such action would not have a...


[Code of Federal Regulations] [Title 38, Volume 2] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR60.9] [Page 929] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS (CONTINUED) PART 60--FISHER HOUSES AND OTHER TEMPORARY LODGING--Table of Contents Sec. 60.9 Decisionmaker. Except as otherwise provided in this part, the person responsible for coordinating the temporary lodging program at the VA health care facility of jurisdiction is responsible for making decisions under this part. (Authority: 38 U.S.C. 501, 1708) ...


[Code of Federal Regulations] [Title 38, Volume 2] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR60.10] [Page 929] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS (CONTINUED) PART 60--FISHER HOUSES AND OTHER TEMPORARY LODGING--Table of Contents Sec. 60.10 Costs. Costs for temporary lodging under this part shall be borne by VA. (Authority: 38 U.S.C. 501, 1708) ...


capital grants, per diem, special needs grants, and technical assistance grants. (Authority: 38 U.S.C. 501, 2002, 2011, 2012, 2061, 2064,...


(such as precinct, ward, borough, city, county, State, Congressional district, etc.) with a separately identifiable population of homeless veterans. ...


veterans by helping to ensure the availability of supportive housing and service centers to furnish outreach, rehabilitative services, vocational counseling and...


application package and submit to VA the information called for in the application package within the time period established in the Notice of Fund Availability under Sec. 61.60...


threshold requirements: (a) The application was completed in all parts and included the information called for in the application package and was filed within...


this part, will then be rated using the selection criteria listed in this section. To be eligible for a capital grant, an applicant must receive at least 600 points (out of...


set forth in the NOFA, if any. Applicants will then be ranked, within their respective funding category if applicable. The highest-ranked applications for which...


a capital grant will be requested by VA to submit additional information, including: (1) Documentation to show that the project is feasible, including a plan from...


project for which the capital grant was awarded. The recipient must, from sources other than grant funds received under this part, match the funds provided by VA to cover...


service center, an applicant must demonstrate site control through a deed, a capital lease, or an executed contract of sale, unless the site is in a building or on land owned...


under 38 U.S.C. 2012(c)(3). To be eligible to receive such a capital grant, an applicant already must have received a grant under section 3 of the Homeless...


which established a program of supportive housing or services after November 10, 1992 so they can assist homeless veterans by helping to offset operating costs to...


receive per diem on the capital grant application or may separately request per diem by submitting [[Page 938]] to VA a written statement requesting per diem. ...


Notice of Fund Availability will be reviewed and grouped in categories according to the funding priorities set forth in the NOFA, if any. Such applications will then be...


of this part is eligible for per diem subject to a site inspection establishing that the applicant continues to meet the requirements for a capital grant as outlined in...


part to assist with additional operational costs that would not otherwise be incurred but for the fact that the recipient is providing beds or services in supportive housing and...


grant application package and submit to VA the information called for in the application package within the time period established in the Notice of Fund Availability. ...


meet the following threshold requirements: (a) The application included the information called for in the application package and was filed within the time period...


of this part, will then be rated using the selection criteria listed in paragraphs (b) and (c) of this section. To be eligible for a special needs grant, an applicant...


set forth in the NOFA, if any. Applicants will then be ranked, within their respective funding category if applicable. The highest-ranked applications for which funding...


applications relating to the provision of assistance for homeless veterans. The recipients are to use the grants to provide technical assistance to those nonprofit...


must obtain from VA a technical assistance grant application package and submit to VA the information called for in the technical assistance grant application package...


applicant must meet the following threshold requirements: (a) The application included the information called for in the application package and was filed within the time...


61.52 of this part, will then be rated using the selection criteria listed in paragraphs (b) and (c) of this section. To be eligible for a technical assistance grant, an...


set forth in the NOFA, if any. Applicants will then be ranked, within their respective funding category if applicable. The highest-ranked applications for which funding...


the activities for which the technical assistance grant funds were awarded, including the type and amount of technical assistance provided and the number of...


needs grants, or technical assistance grants, VA will publish a Notice of Fund Availability in the Federal Register. The notice will: (a) Give the location...


a technical assistance grant meets all of the requirements under this part for the type of assistance requested and VA has funding for such assistance, VA will incorporate...


significant changes to a project for which a grant has been awarded without prior VA approval. Significant changes include, but are not limited to, a change in the recipient,...


that application for potential funding when sufficient funds become available if there is no material change in the information that resulted in its selection. A...


religious organization must agree to conduct activities for which the assistance is provided in a manner that is free from religious influences and must comply with...


this part at such times as are deemed necessary to [[Page 946]] determine compliance with the provisions of this part. The authority to inspect carries with it...


1996, as implemented by OMB Circular A- 133. (b) All entities receiving assistance under this part must use a financial management system that follows generally...


from the VA Homeless Providers Grant and Per Diem Program (Program); does not establish the project for which the grant was made; or has established the project for which...


for which assistance is provided under this part must: (1) Comply with the Life Safety Code of the National Fire Protection Association and all applicable State and...


centers must use their best efforts to ensure that eligible hard-to-reach veterans are found, engaged, and provided assistance. Accordingly, a recipient should search for...


determined by the recipient, except that such rent may not exceed 30 percent of the resident's monthly income after deducting medical expenses, child care expenses, court...




PEO7.com 23945 Calabasas Rd. Suite 106, Calabasas, CA 91302 818-222-4572 cs@peo7.com
SiteMap  | Employee Leasing  | Exploring the Possibilities  | What is Employee Leasing  | Why use a Peo  | Free Advice  | Benefits to  Employees  |  Responsibilities of PEO  | Benefit Package  | HR Management  | Pre-Employment Screening  | The Issue of Control  |  Future of PEO |  Request For Proposal (RFP)  | Contact Us  | Peo Resources |  Terms of Service | FAQ