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Home Page > Executive Branch > Code of Federal Regulations > Electronic Code of Federal Regulations
e-CFR Data is current as of February 4, 2010
TITLE 38--Pensions, Bonuses, and Veterans' Relief
CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS
PART 21--VOCATIONAL REHABILITATION AND EDUCATION
Subpart A--VOCATIONAL REHABILITATION AND EMPLOYMENT UNDER 38 U.S.C. CHAPTER 31
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| Training and rehabilitation for veterans with service-connected disabilities. |
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| Election of benefits under education programs administered by the Department of Veterans Affairs. |
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| Nonduplication--Federal programs. |
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| Notification by VA of necessary information or evidence when a claim is filed; time for claimant response and VA action. |
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| VA has a duty to assist claimants in obtaining evidence. |
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| Basic period of eligibility. |
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| Basic period of eligibility deferred. |
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| Extension beyond basic period of eligibility because of serious employment handicap. |
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| Extension beyond basic period of eligibility for a program of independent living services. |
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| Eligibility for employment assistance. |
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| Severance of service-connection--reduction to noncompensable degree. |
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| Determining employment handicap. |
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| Determining serious employment handicap. |
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| Reasonable feasibility of achieving a vocational goal. |
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| Redetermination of employment handicap and serious employment handicap. |
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| Review and appeal of decisions on eligibility and entitlement. |
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| Vocational Rehabilitation Panel. |
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| Duties of the Vocational Rehabilitation Panel. |
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| Vocational rehabilitation. |
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| Rehabilitation to the point of employability. |
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| Duration of employment assistance programs. |
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| Approving more than 48 months of rehabilitation. |
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| Determining entitlement usage under Chapter 31. |
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| Requirement for a rehabilitation plan. |
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| Completing the plan under Chapter 31. |
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| Individualized written rehabilitation plan. |
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| Individualized extended evaluation plan. |
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| Individualized employment assistance plan. |
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| Individualized independent living plan. |
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| Appeal of disagreement regarding development of, or change in, the plan. |
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| Educational and vocational training services. |
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| Independent study course. |
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| Educational and vocational courses outside the United States. |
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| Repetition of the course. |
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| Limitation on flight training. |
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| Evaluation and improvement of rehabilitation potential. |
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| Vocational course in a sheltered workshop or rehabilitation facility. |
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| Independent instructor course. |
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| Interpreter service for the hearing impaired. |
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| Special transportation assistance. |
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| Services to a veteran's family. |
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| Other incidental goods and services. |
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| Independent living services. |
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| Participation in a program of independent living services. |
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| ''Evaluation and planning'' status. |
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| ''Extended evaluation'' status. |
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| ''Rehabilitation to the point of employability'' status. |
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| ''Independent living program'' status. |
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| ''Employment services'' status. |
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| ''Rehabilitated'' status. |
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| General policy in furnishing supplies during periods of rehabilitation. |
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| Furnishing supplies for special programs. |
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| Methods of furnishing supplies. |
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| Supplies consisting of clothing, magazines and periodicals, and items which may be personally used by the veteran. |
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| Release of, and repayment for, training and rehabilitation supplies. |
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| Medical treatment, care and services. |
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| Resources for provision of treatment, care and services. |
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| Overview of employment services. |
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| Job development and placement services. |
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| Incentives for employers. |
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| Special assistance for veterans in self-employment. |
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| Procurement and reimbursement of cost for training and rehabilitation services, supplies, or facilities. |
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| Election of payment at the 38 U.S.C. chapter 30 educational assistance rate. |
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| Payment of subsistence allowance under special conditions. |
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| Employment adjustment allowance. |
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| Payment of subsistence allowance during leave and between periods of instruction. |
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| Veteran-student services. |
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| Effective date of induction into a rehabilitation program. |
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| Reentrance into a rehabilitation program. |
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| Training and rehabilitation resources. |
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| Selecting the training or rehabilitation facility. |
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| Selecting a training establishment for on-job training. |
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| Use of Government facilities for on-job training or work experience at no or nominal pay. |
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| Rate of pursuit of a rehabilitation program. |
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| Pursuit of training under special conditions. |
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| Awards for subsistence allowance and authorization of rehabilitation services. |
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| Commencing dates of subsistence allowance. |
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| Reduction or termination dates of subsistence allowance. |
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| Authorization of employment services. |
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| Two veteran cases--dependents. |
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| Payments of subsistence allowance. |
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| Election of payment at the Chapter 30 rate. |
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| Facility offering training or rehabilitation services. |
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| Facility temporarily not offering training or rehabilitation services. |
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| Leave following completion of a period of training or rehabilitation services. |
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| Satisfactory conduct and cooperation. |
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| Unsatisfactory conduct and cooperation. |
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| Intraregional travel at government expense. |
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| Interregional transfer at government expense. |
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| Authorization for travel of attendants. |
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| Travel expenses for initial evaluation and counseling. |
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| Establishment of qualifications for personnel providing assistance under Chapter 31. |
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| Training and staff development for personnel providing assistance under Chapter 31. |
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| Rehabilitation research and special projects. |
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| Veterans' Advisory Committee on Rehabilitation. |
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| Responsibilities of the Veterans' Advisory Committee on Rehabilitation. |
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| Reduction in subsistence allowance following the loss of a dependent. |
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| Accountability for authorization and payment of training and rehabilitation services. |
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Subpart B--CLAIMS AND APPLICATIONS FOR EDUCATIONAL ASSISTANCE
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| VA responsibilities when a claim is filed. |
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| VA has a duty to assist claimants in obtaining evidence. |
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Subpart C--SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE UNDER 38 U.S.C. CHAPTER 35
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| Administration of Survivors' and Dependents' Educational Assistance Program. |
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| Nonduplication--programs administered by VA. |
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| Nonduplication; pension, compensation, and dependency and indemnity compensation. |
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| Nonduplication; Federal Employees' Compensation Act. |
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| Nonduplication; Federal programs. |
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| Periods of eligibility; child. |
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| Service with Armed Forces. |
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| Suspension of program; child. |
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| Periods of eligibility; spouses and surviving spouses. |
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| Extended period of eligibility due to physical or mental disability. |
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| Rates--educational assistance allowance--38 U.S.C. chapter 35. |
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| Reductions in survivors' and dependents' educational assistance. |
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| Reduction or discontinuance dates for awards of educational assistance allowance. |
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| Special restorative training. |
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| Special restorative training agreements and reports. |
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| Assistance during training. |
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| Reentrance after interruption. |
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| Special assistance for the educationally disadvantaged. |
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Subpart D--ADMINISTRATION OF EDUCATIONAL ASSISTANCE PROGRAMS
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| Delegations of authority. |
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| False or misleading statements. |
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| Prevention of overpayments. |
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| Waiver or recovery of overpayments. |
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| Nonduplication--programs administered by VA. |
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| Withdrawals or nonpunitive grades may result in nonpayment. |
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| Certifications and release of payments. |
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| Assignments of benefits prohibited. |
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| Control by agencies of the United States. |
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| Reimbursement of expenses. |
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| Evaluations of State approving agency performance. |
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| Restrictions on enrollment; percentage of students receiving financial support. |
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| Overcharges; restrictions on enrollments. |
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| Suspension and discontinuance of educational assistance payments, and of enrollments or reenrollments for pursuit of approved courses. |
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| Composition, jurisdiction, and duties of Committee on Educational Allowances. |
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| Referral to Committee on Educational Allowances. |
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| Notice of hearing by Committee on Educational Allowances. |
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| Hearing rules and procedures for Committee on Educational Allowances. |
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| Decision of Director of VA Regional Processing Office of jurisdiction. |
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| Review of decision of Director of VA Regional Processing Office of jurisdiction. |
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| Specialized vocational training--38 U.S.C. Chapter 35. |
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| Programs of education that include flight training. |
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| Course and licensing and certification test approval; jurisdiction and notices. |
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| Minimum period of operation requirement for educational institutions. |
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| Courses precluded; erroneous, deceptive, or misleading practices. |
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| Refund policy; nonaccredited courses. |
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| Correspondence programs and courses. |
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| Suspension or disapproval. |
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| Courses in foreign countries. |
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| Other training on-the-job courses. |
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| Approval of flight training courses. |
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| Farm cooperative courses. |
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| Practical training approved as institutional training or on-job training. |
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| Approval of courses at a branch campus or extension. |
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| Approval of independent study. |
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| Approval of licensing and certification tests. |
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| Collegiate course measurement. |
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| Practical training courses; measurement. |
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| Discontinuance: unsatisfactory progress, conduct and attendance. |
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| Reentrance after discontinuance. |
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| Combination correspondence-residence program. |
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Subpart E--[RESERVED]
Subpart F--EDUCATION LOANS
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| Determination of loan amount. |
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Subparts F-1--F-3--[RESERVED]
Subpart G--POST-VIETNAM ERA VETERANS' EDUCATIONAL ASSISTANCE UNDER 38 U.S.C. CHAPTER 32
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| Administration of benefits: 38 U.S.C. Chapter 32. |
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| Post-Vietnam era veterans' educational assistance. |
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| Eligibility under more than one program. |
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| Nonduplication; Federal programs. |
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| Applications, claims, and time limits. |
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| Extended period of eligibility. |
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| Application requirements for participation. |
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| Contribution requirements. |
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| Restoration of contributions (Persian Gulf War). |
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| Resumption of participation. |
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| Refund upon disenrollment. |
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| Refunds without disenrollment. |
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| Suspension of participation. |
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| Months of entitlement allowed. |
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| Entitlement charge--overpayment cases. |
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| Interruption to conserve entitlement. |
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| Payments; educational assistance allowance. |
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| Educational assistance allowance. |
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| Criteria used in determining benefit payments. |
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| Certifications and release of payments. |
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| Restrictions on paying benefits to servicepersons. |
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| Benefit payments--secondary school program. |
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| Benefit payments and charges against entitlement for taking an approved licensing or certification test. |
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| Computation of benefit payments and monthly rates. |
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| Computation of benefit payments for incarcerated individuals. |
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| State approving agencies. |
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| Assessment and pursuit of course. |
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| Educational Assistance Pilot Program. |
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| Reduced monthly contribution for certain individuals. |
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| Extended period of eligibility. |
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Subpart H--EDUCATIONAL ASSISTANCE TEST PROGRAM
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| Establishment of educational assistance test program. |
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| Applications, claims, and time limits. |
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| Eligibility under more than one program. |
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| Charges against entitlement. |
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| Certifications of enrollment. |
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| Reports of withdrawals and terminations of attendance and changes in training time. |
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| False or fraudulent claims. |
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| Nonduplication: Federal progams. |
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| False or misleading statements. |
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| Payment of educational assistance. |
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| Commencing date of subsistence allowance. |
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| Discontinuance dates: General. |
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| Specific discontinuance dates. |
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| Administration of benefits program--chapter 107, title 10 U.S.C. |
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| Delegations of authority. |
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Subpart I--TEMPORARY PROGRAM OF VOCATIONAL TRAINING FOR CERTAIN NEW PENSION RECIPIENTS
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| Temporary vocational training program for certain pension recipients. |
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| Applicability of rules and administrative procedures under 38 U.S.C., Chapter 31. |
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| Nonduplication--38 U.S.C., chapters 30, 31, 32, 34 and 35. |
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| Eligibility for vocational training and employment assistance. |
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| Entry, reentry and completion. |
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| Participation of eligible veterans in an evaluation. |
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| Criteria for determining good employment potential. |
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| Cooperation of the veteran in an evaluation. |
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| Consequences of evaluation. |
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| Limitations on the number of evaluations. |
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| Basic duration of a vocational training program. |
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| Extending the duration of a vocational training program. |
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| Computing the period of vocational training program participation. |
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| Requirement for an individualized written rehabilitation or employment assistance plan. |
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| Educational and vocational training services. |
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| Evaluation and improvement of rehabilitation potential. |
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| Independent living services. |
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| Medical treatment, care and services. |
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| Resources for provision of medical treatment, care and services. |
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| Effective dates of induction into and termination of vocational training. |
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| Reentrance into a training program. |
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| Authorization of services under Chapter 31 rules. |
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| Satisfactory conduct and cooperation. |
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| Authorization of transportation services. |
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| Additional applicable Chapter 31 regulations. |
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| Coordination with the Veterans Service Center. |
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Subpart J--TEMPORARY PROGRAM OF VOCATIONAL TRAINING AND REHABILITATION
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| Participation in the temporary program. |
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| Special benefits for qualified veterans under test program. |
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| Notice to qualified veterans. |
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| Formulation of rehabilitation plan. |
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| Eligibility of qualified veterans for employment and counseling services. |
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| Employment of qualified veterans. |
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| Entry and reentry into a program of counseling and employment services under 38 U.S.C. 3104(a) (2) and (5). |
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Subpart K--ALL VOLUNTEER FORCE EDUCATIONAL ASSISTANCE PROGRAM (MONTGOMERY GI BILL--ACTIVE DUTY)
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| Establishment of educational assistance program. |
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| Applications, claims, and time limits. |
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| Time limits for making elections. |
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| Categories of basic eligibility. |
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| Basic eligibility requirements. |
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| Persons with eligibility under 38 U.S.C. chapter 34. |
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| Eligibility based on involuntary separation, voluntary separation, or participation in the Post-Vietnam Era Veterans' Educational Assistance Program. |
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| Eligibility for supplemental educational assistance. |
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| Ending dates of eligibility. |
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| Extended period of eligibility. |
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| Entitlement to basic educational assistance. |
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| Entitlement for some individuals who establish eligibility during the open period or who establish eligibility before involuntary separation. |
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| Entitlement to supplemental educational assistance. |
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| Entitlement to tuition assistance top-up. |
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| Selection of a program of education. |
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| Programs of education combining two or more types of courses. |
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| Courses included in programs of education. |
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| Suspension or discontinuance of payments. |
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| Rates of payment of basic educational assistance. |
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| Rates of payment of basic educational assistance for individuals with remaining entitlement under 38 U.S.C. chapter 34. |
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| Rates of supplemental educational assistance. |
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| Conditions which result in reduced rates or no payment. |
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| Certifications and release of payments. |
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| Accelerated payments, payment of tuition assistance top-up, and licensing or certification test reimbursement. |
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| Nonduplication of educational assistance. |
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| Advance payment and accelerated payment certifications. |
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| Certification of enrollment. |
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| False, late, or missing reports. |
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| Measurement of concurrent enrollments. |
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| State approving agencies. |
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| Courses and enrollments which may not be approved. |
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| Delegations of authority. |
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| Procedural protection; reduction following loss of dependent. |
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Subpart L--EDUCATIONAL ASSISTANCE FOR MEMBERS OF THE SELECTED RESERVE
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| Establishment and purpose of educational assistance program. |
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| Applications, claims, and time limits. |
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| Eligibility for educational assistance. |
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| Ending dates of eligibility. |
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| Extended period of eligibility. |
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| Selection of a program of education. |
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| Programs of education combining two or more types of courses. |
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| Courses included in programs of education. |
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| Overcharges and restrictions on enrollments. |
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| Suspension or discontinuance of payments. |
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| Conditions which result in reduced rates or no payment. |
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| Nonduplication of educational assistance. |
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| Certification of enrollment and verification of pursuit. |
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| Progress, conduct, and attendance. |
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| False, late, or missing reports. |
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| Measurement of courses leading to a standard, undergraduate college degree. |
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| Measurement of courses not leading to a standard college degree. |
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| Measurement of concurrent enrollments. |
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| Measurement of practical training courses. |
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| State approving agencies. |
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| Courses and enrollments which may not be approved. |
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Subpart M--VOCATIONAL TRAINING AND REHABILITATION FOR CERTAIN CHILDREN OF VIETNAM VETERANS--SPINA BIFIDA AND COVERED BIRTH DEFECTS
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| Definitions and abbreviations. |
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| Vocational training program for certain children of Vietnam veterans--spina bifida and covered birth defects. |
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| Notification by VA of necessary information or evidence when a claim is filed; time for claimant response and VA action; and VA's duty to assist claimants in obtaining evidence. |
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| Nonduplication of benefits. |
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| Entitlement to vocational training and employment assistance. |
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| Requirement for evaluation of child. |
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| Scope of training, services, and assistance. |
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| Basic duration of a vocational training program. |
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| Authorizing training, services, and assistance beyond the initial individualized written plan of vocational rehabilitation. |
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| Computing the period for vocational training program participation. |
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| Requirement for an individualized written plan of vocational rehabilitation. |
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| Inability of child to complete individualized written plan of vocational rehabilitation or achieve vocational goal. |
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| Vocational training, services, and assistance. |
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| Evaluation and improvement of vocational potential. |
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| Training, services, and assistance costs. |
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| Effective date of induction into a vocational training program. |
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| Termination of a vocational training program. |
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| Additional vocational training. |
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| Authorization of services. |
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| Satisfactory conduct and cooperation. |
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| Authorization of transportation services. |
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| Additional applicable regulations. |
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Subparts N-O--[RESERVED]
Subpart P--POST-9/11 GI BILL
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| Claims, VA's duty to assist, and time limits. |
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| Eligibility for increased and supplemental educational assistance. |
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| Extended period of eligibility. |
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| Entitlement to supplemental educational assistance. |
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| Approved programs of education and courses. |
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| Suspension or discontinuance of payments. |
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| Rates of payment of educational assistance. |
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| Refund of basic contribution to chapter 30. |
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| Increase in educational assistance. |
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| Rates of supplemental educational assistance. |
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| Rural relocation benefit. |
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| Reimbursement for licensing or certification tests. |
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| Conditions that result in reduced rates or no payment. |
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| Certifications and release of payments. |
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| Nonduplication of educational assistance. |
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| Advance payment certification. |
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| Certification of enrollment. |
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| False, late, or missing reports. |
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| Program of education approval. |
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