(a) Limit on training under 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 part-time equivalent):
(1) Part VII or VIII, Veterans Regulations numbered 1(a), as amended:
(2) Title II of the Veterans' Readjustment Assistance Act of 1952;
(3) The War Orphans' Educational Assistance Act of 1956;
(4) 38 U.S.C. chapters 30, 32, 33, 34, and 36;
(5) 10 U.S.C. chapters 107, 1606, 1607, and 1611;
(6) Section 903 of the Department of Defense Authorization Act, 1981,
(7) The Hostage Relief Act of 1980, and
(8) The Omnibus Diplomatic Security and Antiterrorism Act of 1986.
(b) Limit on combining assistance received under Chapter 31 with assistance under another program. No person may receive assistance under Chapter 31, Title 38 U.S.C. in combination with any provisions of law listed in paragraph (a) of this section in excess of 48 months (or the part-time equivalent) unless the Department of Veterans Affairs determines that additional months of benefits under Chapter 31 are necessary to accomplish the purpose of the veteran's rehabilitation program.
(c) Limit of Aggregate Assistance. The aggregate period for which any person may receive assistance under 38 U.S.C. chapter 35 in combination with any of the provisions of law referred to in paragraph (a) of this section may not exceed 81 months (or the part-time equivalent thereof).
(Authority: 10 U.S.C. 16136(b), 16166(b); 38 U.S.C. 3034(a), 3241(a), 3323(a), 3695(b))
[48 FR 37976, Aug. 22, 1983, as amended at 51 FR 16316, May 2, 1986; 57 FR 29800, July 7, 1992; 61 FR 20728, May 8, 1996; 74 FR 14666, Mar. 31, 2009; 90 FR 35966, July 31, 2025]
Notes of Decisions
Cited in
3
cases (
1 in the last 5 years), 2002–2024 · leading case:
Davenport v. Principi, 16 Vet. App. 522 (Vet. App. 2002).
Davenport v. Principi, 16 Vet. App. 522 (Vet. App. 2002).
· cites it 4× “In response to the veteran’s argument that 38 C.F.R. § 21.4020 (b) (1998) permitted payment of the benefits that he sought, the Board determined that VA had not awarded extended benefits under this discretionary provision and that, even if such benefits were proper, that…”
Christopher C. Hambidge v. Denis McDonough (Vet. App. 2024).
· cites it 3× “Hambidge has petitioned this Court for extraordinary relief in the form of an order enjoining the Secretary from applying 38 C.F.R. § 21.4020 to limit his continued entitlement to Post-9/11 GI Bill education benefits under 38 U.”
09-15 130 (Board of Vet. App. 2011).
“Generally, neither the basic period of entitlement which may be authorized for a program of rehabilitation under Chapter 31 alone, nor a combination of entitlement under Chapter 31 alone, nor a combination of entitlement under Chapter 31 and other programs listed in 38 C.F.R. §…”
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