38 C.F.R. § 21.21

Election of benefits under education programs administered by the Department of Veterans Affairs

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(a) Election of benefits required. A veteran must make an election of benefits among the programs of education administered by VA for which he or she may be eligible. A veteran who has basic entitlement to rehabilitation under chapter 31 and is also eligible for assistance under any of the other education programs administered by VA must make an election of benefits between chapter 31 and any other VA program of education for which he or she may be eligible. The veteran may reelect at any time if he or she is otherwise eligible. (See §§ 21.264 and 21.334.)

(Authority: 38 U.S.C. 1781(b))

(b) Use of prior training in formulating a rehabilitation program. If a veteran has pursued an educational or training program under an education program listed in § 21.4020 of this part, the earlier program of education or special restorative training shall be utilized to the extent practicable.

(Authority: 38 U.S.C. 3695(b)) [53 FR 880, Jan. 14, 1988, as amended at 57 FR 57108, Dec. 3, 1992]

Notes of Decisions

Cited in 1 case, 1995–1995 · leading case: Bernier v. Brown, 7 Vet. App. 434 (Vet. App. 1995).

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Bernier v. Brown, 7 Vet. App. 434 (Vet. App. 1995). “” See also 38 C.F.R. § 21.21 (1994). Section 3681(b)(1) of title 38, U.”

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