21.5138 Computation of benefit payments and monthly rates.
§ 21.5138 Computation of benefit payments and monthly rates.
Except as provided in §§ 21.5136(b)(1) and 21.5137(a), for
purposes of this subpart VA will compute benefit payments and
monthly rates as provided in this section.
(a) Computation of entitlement factor. (1) For residence
training, VA will compute an entitlement factor as follows:
(i)
Enter the number of full months in the applicable benefit
period
(1) ___
(ii) Enter the
number of full days in excess of the number of full months
(a)
(iii)
Divide line a by 30. Enter the quotient
(2) ___
(iv)
Total (lines 1 and 2)
(3) ___
(v)
Multiply line 3 by 1 for a full-time student; by .75 for a
three-quarter time student; by .5 for a half-time student; or by
.25 for a one-quarter time student. Enter the result
(4) ___
(This
is the entitlement factor.)
(2) For correspondence training, VA will compute an entitlement
factor as follows:
(i) Enter the
amount of the individual's contributions remaining in the fund
(b)
(ii) Enter the
individual's remaining months of entitlement
(c)
(iii)
Divide line b by line c. Enter the quotient
(5) ___
(iv)
Enter two times the amount in line 5
(6) ___
(v) Enter the
amount of the contributions, if any, remaining in the fund which
the Secretary of Defense contributed for the individual
(d)
(vi) Enter the
individual's remaining months of entitlement
(e)
(vii)
Divide line d by line e. Enter the quotient
(7) ___
(viii)
Total (lines 5, 6 and 7)
(8) ___
(ix)
Enter the correspondence charges certified by the school
(9) ___
(x)
Divide line 9 by line 8. Enter the quotient
(10) ___
(This
is the entitlement factor.)
(3) For apprenticeship and other on-job training, VA will
compute an entitlement factor as follows:
(i)
Enter the number of full days in the applicable benefit period.
(Enter 30 if the benefit period is a full month.)
(1) ___
(ii)
Divide line 1 by 30. Enter the quotient:
(2) ___
(iii)
Multiply line 2 by .75 if the veteran is in the first six months of
training; by .55 if the veteran is in the second six months of
training; by .35 if the veteran is in a subsequent month of
training; and by a pro-rated fraction if one of the veteran's first
two six-month periods of training ends during the benefit period.
Enter the result
(3) ___
(This
is the entitlement factor.)
(Authority: 38 U.S.C. 3231, 3233; Pub. L. 96-466, Pub. L. 97-306,
Pub. L. 99-576)
(4) For cooperative training, VA will compute an entitlement
factor as follows:
(i)
Enter the number of full months in the applicable benefit
period
(1) ___
(ii)
Enter the number of full days in excess of the number of full
months
(a) ___
(iii)
Divide line a by 30. Enter the quotient
(2) ___
(iv)
Total lines 1 and 2
(3) ___
(v)
Multiply line 3 by .80. Enter the result
(4) ___
(This
is the entitlement factor.)
(Authority: 38 U.S.C. 3231; Pub. L. 100-689)
(5) For flight training, VA will compute an entitlement factor
as follows:
(i) Enter the
amount of the individual's contributions remaining in the fund
(a) ___
(ii) Enter the
individual's remaining months of entitlement
(b) __
(iii) Divide line
a by line b. Enter the quotient
(1) __
(iv) Enter two
times the amount in line 1
(2) __
(v) Enter the
amount of the contributions, if any, remaining in the fund which
the Secretary of Defense contributed for the individual
(c) __
(vi) Enter the
individual's remaining months of entitlement
(d) __
(vii) Divide line
c by line d. Enter the quotient
(3) __
(viii) Total
(lines 1, 2 and 3)
(4) __
(ix) Enter the
charges for flight training certified by the school
(e) __
(x) Multiply line
e by .60
(5) __
(xi) Divide line 5
by line 4. Enter the quotient. (This is the entitlement
factor.)
(6) __
(Authority: 38 U.S.C. 3231(f))
(b) Computation of benefit payment. Under this section,
VA will compute benefit payments as follows:
(1) Enter the
entitlement factor
(f)
(2) Enter the
amount of the individual's contributions remaining in the fund
(g)
(3) Multiply line
f by line g. Enter the result
(h)
(4) Enter the
remaining months of the individual's entitlement
(i)
(5)
Divide line h by line i. Enter the quotient
(11) ___
(This
is the individual's portion.)
(6)
Enter two times the amount in line 11
(12) ___
(This
is the Department of Veterans Affairs's portion of benefit payments
for training completed before January 1, 1982. The Secretary of
Defense will contribute this portion of the benefit payment for
training that occurs after December 31, 1981.)
(7) Enter the
amount of the additional contributions, if any, remaining in the
fund which the Secretary of Defense contributed for the
individual
(j)
(8) Multiply line
f by line j. Enter the result
(k)
(9) Enter the
individual's remaining months of entitlement
(l)
(10)
Divide line k by line 1. Enter the quotient
(13) ___
(This
is the Department of Defense's portion for training completed
before January 1, 1982. For training completed after December 31,
1981, this is the second part of the Department of Defense's
portion.) (38 U.S.C. 3231)
(11)
Total (add lines 11, 12 and 13)
(14) ___
(12)
If the veteran is in an apprenticeship or other on-job training and
fails to complete 120 hours of training in a month, reduce the
amount on line 14 proportionately. In this computation round the
number of hours worked to the nearest multiple of eight. Enter the
result.
(15) ___
(13)
If the veteran is pursuing certain courses which do not lead to a
standard college degree, has excessive absences, and incurred those
absences before December 18, 1989, reduce the amount on line 14
sufficiently to avoid paying for any excessive absence. Enter the
result
(i) The amount
shown on line 14 unless the veteran is in apprenticeship or other
on-job training and has failed to complete 120 hours of training in
a month during the benefit period in which case the benefit payment
is the amount shown on line 15, or the veteran is pursuing certain
courses which do not lead to a standard college degree in which
case the benefit payment is the amount shown on line 16, or
(Authority: 38 U.S.C. 3233; Pub. L. 99-576)
(ii) The total
amount of the remaining contributions in the fund made by the
individual and the VA and the Secretary of Defense on behalf of the
individual, whichever is less.
(Authority: 38 U.S.C. 3231; Pub. L. 94-502)
(c) Monthly rates. Under this section, VA will compute
the monthly rates of payment for individuals in residence training
by repeating the calculations in paragraphs (b)(1) through (11) of
this section except that instead of entering the entitlement factor
on line f, paragraph (b)(1), VA will enter 1 for a full-time
student, .75 for a three-quarter time student, .5 for a half-time
student, or .25 for a one-quarter time student.