38 C.F.R. § 21.7610

Selection of a program of education

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

(Authority: 10 U.S.C. 16131; Pub. L. 98-525)

(b) Approval of a program of education. VA will approve a program of education selected by a reservist for payment of educational assistance under 10 U.S.C. chapter 1606 if—

(1) The program accords with the definition of a program of education found in § 21.7520(b)(17) of this part,

(2) It has an educational, professional or vocational objective (as defined in § 21.7520(b)(7) and (28) of this part), and

(3) The courses and subjects in the program are approved for VA purposes as provided in § 21.7720 of this part.

(4) The reservist is not already qualified for the objective of the program.

(Authority: 10 U.S.C. 16136(b), 1671; Pub. L. 98-525) [53 FR 34740, Sept. 8, 1988, as amended at 61 FR 20729, May 8, 1996]

Notes of Decisions

Cited in 1 case, 2009–2009 · leading case: Joseph A. Celano v. James B. Peake, 22 Vet. App. 341 (Vet. App. 2009).

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Joseph A. Celano v. James B. Peake, 22 Vet. App. 341 (Vet. App. 2009). · cites it 2× “Similar in construction to the statutes described above, those regulations dictate that “[a]n individual must be pursuing an approved program of education in order to receive educational assistance,” 38 C.F.R. § 21.7610 (a) (2008), and that VA generally “will approve, and will…”

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