Veterans Benefits AdministrationM22-4, Part III
Department of Veterans AffairsChange 38
Washington, D.C. 20420May 26, 2005
Part III, "Claims Processing - General," to Veterans Benefits Administration Manual M22-4, "Education Procedures," is changed as follows:
Page 4-i: Remove this page and substitute page 4-i attached.
Pages 4-3 and 4-4: Remove these pages and substitute pages 4-3 and 44 attached.
Paragraph 4.02 is updated to clarify delimiting date extensions based on recent General Council staff interpretations. Rather than getting an extension of a current delimiting date, a service member is now granted a completely new delimiting period ONCE RELEASED FROM ACTIVE DUTY. This affects eligibility when a person returns to active duty after the expiration of their original delimiting date.
The NOTE in paragraph 4.03 is deleted. Only certain chapter 35 spouses have nodelimiting date as determined by the CAVC Ozer decision.
Brackets [ ] have been used to identify new material.
By Direction of the Under Secretary for Benefits
JACK McCOY
Director, Education Service
Distribution:RPC:2225
FDEX:ASO and AR, 1 each
Veterans Benefits AdministrationM22-4, Part III
Department of Veterans AffairsChange 37
Washington, D.C. 20420August 31, 2004
Part III, "Claims Processing - General," to Veterans Benefits Administration Manual M22-4, "Education Procedures," is changed as follows:
Pages iii and iv: Remove these pages and substitute pages iii and iv attached.
Pages 11-A-1 and 11-A-2: Remove these pages and substitute pages 11-A-1 and 11-A-2 attached. This change adds the October 1, 2004, subsistence and assistance allowance rates for the Educational Assistance Test Program (section 901 of Public Law 96-342).
Brackets [ ] have been used to identify new and revised material.
RESCISSION: M22-4, part III, change 36.
By Direction of the Under Secretary for Benefits
Jack McCoy
Director, Education Service
Distribution:RPC: 2225
FDEX: ASO and AR, 1 each
Veterans Benefits AdministrationM22-4, Part III
Department of Veterans AffairsChange 36
Washington, D.C. 20420August 20, 2003
Part III, "Claims Processing - General," to Veterans Benefits Administration Manual M22-4, "Education Procedures," is changed as follows:
Pages iii and iv: Remove these pages and substitute pages iii and iv attached.
Pages 11-A-1 and 11-A-2: Remove these pages and substitute pages 11-A-1 and 11-A-2 attached. This change adds the October 1, 2002 and the October 1, 2003, subsistence and assistance allowance rates for the Educational Assistance Test Program (section 901 of Public Law 96-342).
Brackets [ ] have been used to identify new and revised material.
RESCISSION: M22-4, part III, change 31.
By Direction of the Under Secretary for Benefits
Judith A. Caden
Director, Education Service
Distribution:RPC: 2225
FDEX: ASO and AR, 1 each
Veterans Benefits AdministrationM22-4, Part III
Department of Veterans AffairsChange 35
Washington, D.C. 20420April 3, 2002
Part III, "Claims Processing - General," to Veterans Benefits Administration Manual M22-4, "Education Procedures," is changed as follows:
Pages 1-i, 1-ii and 1-iii: Remove these pages and substitute pages 1-i and 1ii attached.
Pages 1-1 through 1-4: Remove these pages and substitute pages 1-1 through 1-4 and 14a attached.
Paragraph 1.01 is updated. RPOs have the option of consolidating the chapter32 refund function for claimants within their jurisdiction. As of October 1, 2000, chapter30 CEST processing no longer establishes a chapter 30 folder in BIRLS but instead establishes an EDU (Education) folder.
Paragraph 1.02 is revised to include new jurisdiction rules for licensing and certification claims and Tuition Assistance Top-Up claims.
Paragraph 1.03 is revised to clarify that the Manila RO will process only chapter35 claims if the school is in the Philippines.
Subparagraphs 1.04a and b are revised to show updated permanent transfer procedures.
Figures 1.01 and 1.02 are updated to reflect changes in jurisdiction. The jurisdiction for Arkansas is changed to Muskogee effective April 1, 2002. The jurisdiction for Louisiana is scheduled to be changed to Muskogee effective July,1,2002.
Brackets [ ] are used to identify new or revised material.
By Direction of the Under Secretary for Benefits
JUDITH A. CADEN
Director, Education Service
Distribution:RPC:2225
FD EX: ASO and AR, 1 each
Veterans Benefits AdministrationM22-4, Part III
Department of Veterans AffairsChange 34
Washington, D.C. 20420December 17, 2001
Part III, "Claims Processing - General," to Veterans Benefits Administration Manual M22-4, "Education Procedures," is changed as follows:
Page 7-i: Remove this page and substitute page 7-i attached.
Pages 7-1 through 7-8: Remove these pages and substitute pages 7-1 through 7-8 attached.
Paragraphs 7.01 and 7.02 are revised for consistency with the regulations.
Figure 7.01 is updated to include preparatory courses, licensing and certification tests, and Tuition Assistance Top-Up. This figure remains organized in alphabetical order. Previous footnotes2 and 5 had references to Selected Reservists' having to make a 6year commitment to the Selected Reserve after September 30, 1990. These references are deleted. Previous footnote #3 is renumbered as footnote #2. Previous footnote #4 is renumbered as footnote #3.
References to Adjudication have been updated to the Education Division. References to Adjudicators has been updated to claim examiners. References to Selected Reservists' having to make a 6-year commitment to the Selected Reserve after September 30, 1990 are deleted. The last Selected Reserve member who would have had eligibility without having a 6-year commitment after September30, 1990 would have had a delimiting date of September 30, 2000. All currently eligible Selected Reserve members meet this criterion.
Brackets [ ] have been used to identify new and revised material. Exceptions are made for minor editorial changes and revised footnotes within figure 7.01. Brackets are not used within figure 7.01 due to space limitations.
By Direction of the Acting Under Secretary for Benefits
WILLIAM D. FILLMAN, JR.
Acting Director, Education Service
Distribution: RPC: 2225
FDEX: ASO and AR, 1 each
Veterans Benefits AdministrationM22-4, Part III
Department of Veterans AffairsChange 33
Washington, D.C. 20420September 28, 2001
Part III, "Claims Processing - General," to Veterans Benefits Administration Manual M22-4, "Education Procedures," is changed as follows:
Pages iii and iv: Remove these pages and substitute pages iii and iv attached.
Page 6-i: Remove this page and substitute page 6-i attached.
Pages 6-1 through 6-8: Remove these pages and substitute pages 6-1 through 6-9 attached.
Paragraph 6.01 is amended to show a basic principle that a claimant must be enrolled in a program of education at all times in order to receive VA education benefits, with the exception of individuals using Section 901 and the chapter 30 program referred to as TAT (Tuition Assistance Top-Up).
Paragraph 6.01 and all other references to programs of education are updated to reflect that individuals using TAT need not be enrolled in a program of education. Additionally, course approval is not an issue for TAT courses.
Paragraph 6.02 is updated to include licensing and certification tests in the definition of a "program of education."
Paragraph 6.04 is updated to indicate that it primarily contains background information for claim examiners.
Paragraph 6.05 is updated. Subparagraphs c, d, and e contained obsolete information and are reserved for future use. Subparagraph f is updated to reflect OLAF changes.
Editorial changes are made throughout the change to show updated information (such as replacing the Adjudication Division with the Education Division and the Adjudication Officer with the Education Officer).
Brackets [ ] have been used to identify new or revised material.
RESCISSION: M22-4, Part III, change 4.
By Direction of the Under Secretary for Benefits
WILLIAM D. FILLMAN, JR.
Acting Director, Education Service
Distribution:RPC:2225
FDEX:ASO and AR, 1 each
Veterans Benefits AdministrationM22-4, Part III
Department of Veterans AffairsChange 32
Washington, D.C. 20420September 5, 2001
Part III, "Claims Processing - General," to Veterans Benefits Administration Manual M22-4, "Education Procedures," is changed as follows:
Pages iii and iv: Remove these pages and substitute pages iii and iv attached.
Pages 4-i through 4-10: Remove these pages and substitute pages 4-i through 410 attached.
This chapter is revised to include only material claims examiners must know.
Figure 4.01 is corrected to indicate that involuntary separation is a basis for chapter1606 delimiting date extension only. This figure is changed to apply to claimants under chapters 30, 32, 1606 and Sections 901 and 903.
In Ozer v. Principi, the United States Court of Appeals for Veterans Claims decided that chapter 35 spouses have no delimiting date. Therefore, extension of delimiting date is not an issue for chapter 35 spouses. Figure4.02 pertains to chapter 35 surviving spouses and children and for claimants under the Omnibus Diplomatic Security and Antiterrorism Act of 1986. References to eligibility of chapter35 spouses qualifying for an extension of their delimiting dates have been removed from this chapter.
Paragraphs 4.02 c and d now refer to part V procedures for determining qualifying separation reasons and verifying subsequent service.
Paragraph 4.02e is revised to reflect VA Precedent Opinion 9-2001 adding procedures where a veteran has already qualified for basic educational assistance under chapter 30, 32 or section 903 based on an honorable period and then has another period of service ending with an “other than honorable” discharge.
Paragraph 4.03 is amended to remove obsolete information and include references to appropriate PCGL (Personal Computer Generated Letter) letters. Rating procedures are removed as they duplicate established M21-1 procedures.
Paragraph 4.04 shows the basic steps to determine computing of an extension to the end of a term or course. Monthly rates change often and are now deleted from the procedures.
Paragraph 4.07 removes unnecessary procedures but has a reference to partVIII for chapter 1606 procedures.
Paragraph 4.11 updates chapter 30 and 1606 procedures.
Editorial changes are made throughout the change to show updated information (such as updating chapter 106 to chapter 1606, updating references to the current chapter1606 system, M21-1 references, and changing Target to BDN).
Brackets [ ] have been used to identify new or revised material.
RESCISSION: M22-4, Part III, change 3.
By Direction of the Under Secretary for Benefits
WILLIAM D. FILLMAN, JR
Acting Director, Education Service
Distribution:RPC:2225
FDEX:ASO and AR, 1 each
Veterans Benefits AdministrationM22-4, Part III
Department of Veterans AffairsChange 31
Washington, D.C. 20420August 8, 2001
Part III, "Claims Processing - General," to Veterans Benefits Administration Manual M22-4, "Education Procedures," is changed as follows:
Pages iii and iv: Remove these pages and substitute pages iii and iv attached.
Pages 11-A-1 and 11-A-2: Remove these pages and substitute pages 11-A-1 and 11-A-2 attached. This change adds the October 1, 2001, subsistence and assistance allowance rates for the Educational Assistance Test Program (section 901 of Public Law 96-342).
Brackets [ ] have been used to identify new and revised material.
RESCISSION: M22-4, part III, change 29.
By Direction of the Under Secretary for Benefits
WILLIAM D. FILLMAN, JR.
Acting Director, Education Service
Distribution:RPC: 2225
FDEX: ASO and AR, 1 each
Veterans Benefits AdministrationM22-4, Part III
Department of Veterans AffairsChange 30
Washington, D.C. 20420March 8, 2001
Part III, "Claims Processing - General," to Veterans Benefits Administration Manual M22-4, "Education Procedures," is changed as follows:
Pages iii and iv: Remove these pages and substitute pages iii and iv attached.
Pages 11-A-1 and 11-A-2: Remove these pages and substitute pages 11-A-1 and 11-A-2 attached. This change adds the October 1, 2001, subsistence and assistance allowance rates for the Educational Assistance Test Program (section 901 of Public Law 96-342).
Brackets [ ] have been used to identify new and revised material.
RESCISSION: M22-4, part III, change 29.
By Direction of the Under Secretary for Benefits
WILLIAM D. FILLMAN, JR.
Acting Director, Education Service
Distribution:RPC: 2225
FDEX: ASO and AR, 1 each
Veterans Benefits AdministrationM22-4, Part III
Department of Veterans AffairsChange 30
Washington, D.C. 20420March 8, 2001
Part III, "Claims Processing - General," to Veterans Benefits Administration Manual M22-4, "Education Procedures," is changed as follows:
Pages i through iv: Remove these pages and substitute pages i through iv attached. (To show the correct signatureblock on page ii and to add both circular20909 and part III, changes 6 & 18 to page iii.)
Page 8-i : Remove this page and substitute page 8-i attached.
Pages 8-1 through 8-13: Remove these pages and substitute pages 8-1 through 8-18 attached.
Paragraph 8.01 is updated and revised for clarity.
Figure 8.01 is updated and revised.
Paragraph 8.03 is updated to remove subparagraph d. Information is included in paragraph 8.03A. Paragraph 8.03a and 8.08i are revised for clarity.
Paragraph 8.03A is added to include procedures for processing changes in enrollment reported by the student. This paragraph applies to chapter 30 verifications as well as noncollege degree programs under chapter 32 and 35. This paragraph will apply to chapter 1606 as verifications of enrollment will be sent to these claimants when regulations are finalized. This paragraph also reflects the revised mitigating circumstances procedures. Procedures previously contained in part V, chapter 6 are updated and clarified.
Paragraph 8.04 reflects the RPOs processing new chapter 32 correspondence awards. References to the Alternate Means of Input are updated to the CHAIRS (Chapter 35 Alternate Input Replacement System) Training Guide.
Target is changed to BDN. Chapter 106 is updated to 1606. The Adjudication Division is updated to the Education Division. Brackets [ ] are used to show new or revised material.
RESCISSIONS: M22-4, part III, changes 6 and 18; circular 20-90-9.
By Direction of the Under Secretary for Benefits
CELIA P. DOLLARHIDE
Director, Education Service
Distribution:RPC:2225
FDEX:ASO and AR, 1 each
Veterans Benefits AdministrationM22-4, Part III
Department of Veterans AffairsChange 29
Washington, D.C. 20420September 15, 2000
Part III, "Claims Processing - General," to Veterans Benefits Administration Manual M22-4, "Education Procedures," is changed as follows:
Pages 11-A-1 and 11-A-2: Remove these pages and substitute pages 11-A-1 and 11-A-2 attached. This change adds the October 1, 2000, subsistence and assistance allowance rates for the Educational Assistance Test Program (section 901 of Public Law 96-342).
Brackets [ ] have been used to identify new and revised material.
By Direction of the Under Secretary for Benefits
CELIA P. DOLLARHIDE
Director, Education Service
Distribution:RPC:2225
FD EX: ASO and AR, 1 each
Veterans Benefits AdministrationM22-4, Part III
Department of Veterans AffairsChange 28
Washington, D.C. 20420June 2, 2000
Part III, "Claims Processing - General," to Veterans Benefits Administration Manual M22-4, "Education Procedures," is changed as follows:
Pages iii and iv: Remove these pages and substitute pages iii and iv attached.
Pages 11-i and 11-ii: Remove these pages and substitute pages 11-i through 11ii attached.
Pages 11-1 through 11-28: Remove these pages and substitute pages 11-1 through 1127 and pages 11-A-1 and 11-A-2 attached.
Figure 11.01 has a NOTE reflecting the correct telephone number for Section901 inquiries. (The M30 screen has not yet been updated for this new telephone number.)
Paragraph 11.06 has been updated to include references to appendix A, which now includes the section 901 rates.
Paragraph 11.07 has been updated to eliminate references to chapter 34.
Paragraph 11.09 has been updated to refer to the current version of VA Form 22-1999. Figure 11.04 has been updated to the current version of VA Form 22-1999.
Paragraph 11.19 has been updated to require notification to the CELO (Chief Education Liaison Officer) by e-mail of a section 901 award. Figure 11.05 has been eliminated as a formal memo is no longer required for such notification.
Paragraph 11.25 has been updated for clarification.
Appendix A is added with section 901 rates.
Brackets [ ] are used to identify new or revised material. References to chapter106 are updated to chapter 1606. References to Target are updated to BDN (Benefits Delivery Network). References to VA Form 21-8046 are updated to VA Form 22-8046. References to the Adjudication Division and the Adjudication Officer are updated to Veterans Service Center and the Veterans Service Center Manager.
RESCISSIONS: M22-4, Part III, changes 5 and 27.
By Direction of the Under Secretary for Benefits
CELIA P. DOLLARHIDE
Director, Education Service
Distribution:RPC:2225
FD EX: ASO and AR, 1 each
Veterans Benefits AdministrationM22-4, Part III
Department of Veterans AffairsChange 27
Washington, D.C. 20420August 25, 1999
Part III, "Claims Processing - General," to Veterans Benefits Administration Manual M22-4, "Education Procedures," is changed as follows:
Pages 11-7 through 11-10: Remove these pages and substitute pages 11-7 through 11-10 attached. This change adds the October 1, 1999, subsistence and assistance allowance rates for the Educational Assistance Test Program (section 901 of Public Law 96-342).
Brackets [ ] have been used to identify new and revised material.
RESCISSION: M22-4, Part III, Change 24.
By Direction of the Under Secretary for Benefits
CELIA P. DOLLARHIDE
Director, Education Service
Distribution:RPC: 2225
FDEX: ASO and AR, 1 each
Veterans Benefits AdministrationM22-4, Part III
Department of Veterans AffairsChange 26
Washington, D.C. 20420July 20, 1999
Part III, "Claims Processing—General," to Veterans Benefits Administration Manual M22-4, "Education Procedures," is changed as follows:
Page iii: Remove this page and substitute pages iii and iv attached.
Page 2-i: Remove this page and substitute page 2-i attached.
Pages 2-9 through 2-13: Remove these pages and substitute pages 2-9 and 2-10 attached.
Paragraphs 2.09 and 2.10 are reserved for future use. Information in paragraph 2.09 is moved to paragraph 3.02D. Information in paragraph 2.10 is moved to paragraph 3.02E. Paragraph 2.11 is updated. Stations can use Form Letter 22899, the BDN 205 screen or the PCGL letter to notify claimants about the need to submit evidence in support of mitigating circumstances. Each of these means contains adequate notice. Figure 2.01 is updated.
Pages 3-i and 3-ii: Remove these pages and substitute pages 3-i and 3-ii attached.
Pages 3-1 through 3-12: Remove these pages and substitute pages 3-1 through 3-18 attached.
References to M21-1 are updated throughout this chapter. References to chapter 106 are updated to chapter 1606 throughout this chapter. Target is changed to BDN where not previously changed. Brackets [ ] are used to indicate changes.
Paragraph 3.01 adds reference to new paragraph 3.04A with information concerning initial actions in claim processing. This paragraph also adds reference to new appendix A with general rules of evidence. These new items contain information extracted from M21-1 but are updated for education processing.
Subchapter I is changed to address changes in the regulations concerning formal and informal claims. Subsequent subchapters are renumbered. Paragraphs 3.02A through 3.02D are added to subchapter I to address these issues.
Paragraph 3.03 adds a Note that photocopies and fax copies of original claims are acceptable in certain instances. Paragraph 3.03c adds a Note stating that claimants do not have to file a request for a change of school or change of program on any specific form. Paragraph 3.03d includes a reference to circular 22-75-25 for chapter 32 refund instructions.
Paragraph 3.04 adds a Note before subparagraph a stating that if an education claim is received by a regional office that does not process education claims, that station should immediately forward that claim to the appropriate RPO. Subparagraph e adds a Note that if an individual is eligible for two benefits and applies for the lower one (in the amount of benefits payable), that VA must advise him or her of the greater benefit.