VA Chapter 33

1. U. S. Department of Veterans Affairs
Atlanta Regional Processing Office
July 28, 2009
The Post-9/11 GI Bill
(Chapter 33 of Title 38 U.S.C.)

2. 2
Post-9/11 GI Bill Overview
•Eligibility and Entitlement
•Elections
•Benefit Payments
•Transfer of Entitlement
•Yellow Ribbon Program Agreements
•Application Procedures
•Reporting Procedures
•Payments and Overpayments
•Student Timeline
•Questions
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Eligibility & Entitlement
Individuals eligible for ch33 must have
served on active duty after 09/10/01 for:
• A minimum of 90 aggregate days
(excluding entry level and skill training);
• At least 30 continuous days if
discharged for a service-connected
disability.
Active duty members eligible on 90th day
after completion of entry level training.
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Elections
Individuals eligible for one of the following
benefits on 08/01/09 may be required to
make an irrevocable election to receive
benefits under ch33:
• ch30-Montgomery GI Bill
• ch1606-Montgomery GI Bill-Selected
Reserve
• ch1607-Reserve Educational
Assistance Program
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Elections
Individuals electing ch33 benefits
will begin receiving payment the
later of:
• August 1, 2009 (when an earlier date or no
date is elected)
• Effective date of eligibility
• Effective date of election
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• An individual who relinquishes eligibility
under ch30, ch1606, or ch1607 may receive
benefits for approved programs not offered by
IHLs (i.e.
flight, correspondence, Apprenticeship/On-
the-Job Training, preparatory courses, and
national tests)
• Individuals will be paid as if they are still
receiving benefits under the relinquished
benefit, however, their entitlement will be
charged under ch33.
• The monthly housing allowance and the books
and supplies stipend are not payable
Elections
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Elections –What should a vet consider?
Which VA benefit pays themmore?
–Are they receiving other aid?
•Examples: tuition free attendance, state or campus aid, etc.
•Will entitlement to that aid change?
–What Chap 33 tier are they eligible for?
What type of training
–Exclusively on-line?
–Covered under Chap 33?
Is delimiting date important to them?
In the Armed Forces on 8-1-09?
–Eligible for T of E? Want to transfer?
Does the vet have remaining entitlement under other VA Edu
Programs?
–Use that entitlement before using Post-9/11 GI Bill?
Desire to attend school at half-time or less rate?

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•Tuition and Fees
•Yellow Ribbon
•Monthly Housing Allowance
•Books and Supplies Stipend
•College Fund ―Kickers‖ and Buy-up
•Licensing and Certification Tests
•Rural Benefit
•Other Benefits
Benefit Payments
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•Individuals on active duty are eligible for the
lesser of:
–Tuition and fees charged; or
–The amount of charges that exceed the
amount paid by the military’s federal tuition
assistance
•Individuals not on active duty are eligible for the
applicable percentage (based on aggregate active
duty service) of the lesser of:
–Tuition and fees charged; or
–Highest amount of tuition and fees charged
for full-time, undergraduate training at a
public institution of higher learning in the
state the individual is enrolled.
Tuition and Fees
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Yellow Ribbon Program
•Institutions within the U.S. may voluntarily
enter into an agreement with VA to fund
tuition and fee costs that exceed the
highest public in-state undergraduate
tuition and fees
•Provides additional funding for:
–Training at private institutions
–Graduate training
–Out-of-state tuition
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Yellow Ribbon Program
Only individuals (including
transferees) entitled at the 100%
benefit level may receive this funding
•Individuals who served at least 30
continuous days on active duty, and
discharged due to service-connected
disability
•Individuals who served at least 36
months or more on active duty
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Monthly Housing Allowance
A monthly payment equivalent to
the military Basic Allowance for
Housing for a service member in
pay grade E-5 with dependents
Individuals on active duty are not
eligible for the monthly housing
allowance
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Monthly Housing Allowance
To be eligible for the monthly housing
allowance, individuals must be:
–Pursuing training at a rate of more than 50%
–Enrolled in at least 1 in-residence course
•Based on the school’s zip code:
–Primary institution if concurrently enrolled
–In-residence institution if program pursued online
Note: In-residence training is defined in 38 CFR
21.4267(d) and (e)
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Monthly Housing Allowance
In-residence training for under graduate students
defined in 38 CFR 21.4267(d) as:
Undergraduate resident training. VA considers the
following undergraduate courses to be resident
training.
(1)A course which meets the requirements for resident
institutional training found in §21.4265(f);
(2) A course which requires regularly scheduled,
standard class sessions at least once every two weeks
and which has a total number of class sessions equal
to the number of credit hours awarded for the course,
times the number of weeks in a standard quarter or
semester, as applicable.
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Monthly Housing Allowance
In-residence training for graduate students is defined in 38 CFR
21.4267 (e) as:
Graduate resident training. VA considers a graduate course to
be resident training if the course:
(1) Is offered through regularly scheduled, conventional
classroom or laboratory sessions; or
(2) Consists of research (either on campus or in absentia)
necessary for the preparation of the student’s:
(i) Master’s thesis,
(ii) Doctoral dissertation, or
(iii) Similar treatise which is prerequisite to the degree being
pursued; or
(3) Consists of a combination of training as described in
paragraphs (e)(1) and (e)(2) of this section.
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Rate of Pursuit Example
Standard term:
Full time is 12 credit hours
Student is pursuing 8 credit hours
8 ÷12 = 0.66667
Rate of pursuit is 67%
Graduate training –school will provide
full time equivalent to VA
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Benefit Payments

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Rate of Pursuit
Non-standard term:
Equivalent Credit Hours (ECH) must be
computed first
ECH will be divided by the number of credit
hours considered to be full time at the
institution to determine the rate of pursuit.
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Benefit Payments

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Rate of Pursuit Example
Non-standard term:
Full time is 12 credit hours
Student is pursuing 3 credit hours over an
8-week semester
ECH = 6.75
6.75 ÷12 = 0.56000
Rate of pursuit is 56%
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Benefit Payments

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Books and Supplies Stipend
•Up to $1,000 per academic year
–$41.67 per credit hour
–Up to 24 credit hours in a single academic year
–Lump sum payment (each quarter, semester or
term attended) paid directly to the individual
•Prorated based on benefit level
•If the enrollment begins before 08/01/09, it is not
reduced based on a partial enrollment period
•Active duty members are not eligible
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College Fund Kickers
MGIB-AD and MGIB-SR kickers
•Individuals eligible for a kicker under
another benefit may receive the kicker
under the Post-9/11 GI Bill
•Monthly kicker amount will be prorated
based on the individual’s rate of pursuit
•Payment issued in a lump sum directly
to the student
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•Ch33 kickers
−Only payable if individual is entitled to
a monthly housing allowance
−Payment will be issued directly to the
student with the monthly housing
allowance
•DoD has not yet begun offering ch33
kickers
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College Fund Kickers

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Application Procedures
•Use VA Form 22-1990, Application for
Education Benefits, available on the GI BILL
website
•A signature is not requiredin support of
applications for education benefits or
applications for a change of program or place
of training
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Application Procedures
Elections must include:
–The effective date of the election, which must be
on or after August 1, 2009;
–The benefit the individual is relinquishing to
receive ch33 benefits; and
–Acknowledgement that the election is irrevocable.
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Application Procedures
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•VA began accepting applications for Certificates of
Eligibility beginning May 1, 2009
−Veterans and servicemembers enrolling for Fall 2009
−VA is currently accepting applications for TOE from
family members
•Certificates of Eligibility
−Benefit levelbased on length of service, including
Yellow Ribbon for individuals at the maximum benefit
level
−15-year eligibility date for individuals not on active
duty
−Number of months of entitlement
Application Procedures

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Application Procedures
Relinquished
benefit information

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•Entitlement and
delimiting date
•Benefit level
•Active duty service
period used to
establish eligibility
•Yellow Ribbon, if
benefit level is 100%
and not on active
duty
Application Procedures

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Claimant is responsible
for overpayment of
tuition and fees and
Yellow Ribbon Program
payments sent to the
school
You are responsible for ALLdebts resulting from reductions or
terminations of your enrollment even if the payment was submitted
directly to the school on your behalf.
Application Procedures

29. Transfer of Entitlement
Department of Defense Benefit
Administered by VA

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Transfer of Entitlement
Only the following entities may authorize
transfer of benefits—
–Secretary of Defense (when the Coast Guard is
operating as a service of the Navy)
–Secretaries of Army, Navy, or Air Force
–Secretary of Homeland Security (for Coast
Guard)
PHS/NOAA members are not eligible to
transfer benefits as only the Secretaries
above may offer transfer of benefits

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Transfer of Entitlement
To be approved to transfer member must—
–Be in Armed Forces on 8/1/09, and
–Have completed 6 years in the Armed Forces, and
–Agree to serve 4 more years
DoD/DHS mayprescribe rules to address
situations when individuals cannot (by
military rules or retirement) serve 4 more
years after 8/1/09.
–VA can’t make these decisions
–If DoD does offer transfer of benefits to this group
of individuals, VA will post this information on the
GI Bill website

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Transfer of Entitlement
An individual approved to transfer may—
–Transfer up to 36 months of benefits (unless
DoD/DHS restricts number of months an
individual may transfer).
–Transfer to spouse, child, or children in any
amount up to amount transferor has available or
amount approved by DoD/DHS.
–Revoke or modify a transfer request for any
unused benefits unless the transferor’s 15-year
eligibility period is ended.
–Not transfer benefits to a new dependent once the
transferor is no longer a member of Armed Forces.

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Transfer of Entitlement
Spouses—
–May use after transferor completes 6 years in Armed
Forces
–Paid at transferor’s rate -Cannot be paid housing
allowance or books and supplies stipend if the transferor
is on active duty when the spouse is receiving benefits
–Can, unless the transferor revokes transfer, continue to
use benefits if divorced after the transfer
–Can use benefits up to transferor’s 15-year eligibility
period expires unless transferor specifies an earlier
ending date
–Under law, benefits are not marital property and are not
subject to division in a divorce or other civil proceedings

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Transfer of Entitlement
Children—
–Must be transferred to an unmarried child who has not
reached the age of 18 or, if in school, before child is 23
years of age
–May use after transferor completes 10 years in Armed
Forces
–To commence training, child must have–
•attained age 18; or
•completed requirements of secondary school diploma (or
equivalency certificate)
–Receives veteran rate, including housing allowance & book
stipend, even if transferor is on active duty
–May use until age 26 –even if transferor’s 15-year eligibility
period ended
–May continue to use benefits after marriage (unless
transferor revokes)

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Transfer of Entitlement
Servicemember shouldvisit:
http://www.defenselink.mil/home/features/2009/0409_gibill/
for information and application
After the TOE request is approved, family member
should submit a VA Form 22-1990E through the
GIBILL web-site

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Transfer of Entitlement
IMPORTANT !!
–Transferor and individual using
transferred entitlement are jointly
liable for any overpayment of
chapter 33 benefits

37. Overpayment of Benefits

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Overpayment of Benefits
VA will determine the amount of an overpayment
for an individual in receipt of chapter 33 benefits
An individual who does not complete one or
more courses in the certified period of
enrollment, and who does not substantiate
mitigating circumstancesfor not completing
such course(s), will be charged an overpayment
equal to the amount of ALLeducational
assistance paid for such course(s) for that period
of enrollment (except for the books and supplies
stipend).

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Overpayment of Benefits
The student is responsible for any overpayment
incurred as a result of not completing courses.
In the event a student does not complete a
course, schools should follow their established
student refund policy.
Important:Tuition and Fees payments are
paid to the school on behalf of the student;
overpayments for Tuition and Fees will be
charged to the student.

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Overpayment of Benefits
School must make a refund (return
payment) to VA—
–When students never attend classes for a
certified period of enrollment.
Returned payments must include the
student identification information as well
as the intended quarter, semester, or
term for which the payment was made.

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References
GI Bill Website
–www.gibill.va.gov
•Sign up for FAQ updates!
•Sign up for RSS feeds to be notified of any change on
web page (orangeblock on page that says RSS)
GI Bill Call Center (VA staffed)
–1-888-GIBILL-1
Yellow Ribbon Mailbox
–[email protected]

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