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VR&E Education entitlement under 2 programs

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pwrslm

Question

Just finished a BA with 100% VA funding via CH 31. Now I want to go on and get a MA. Spouse is 100% P&T Veteran, and I am eligible for CH35 benefits.

Was looking into this, and found that the CFR and USC do not agree on the entitlement.
 

USC :

 

§3695. Limitation on period of assistance under two or more programs

(a) The aggregate period for which any person may receive assistance under two or more of the provisions of law listed below may not exceed 48 months (or the part-time equivalent thereof):

(1) Parts VII or VIII, Veterans Regulation numbered 1(a), as amended.

(2) Title II of the Veterans' Readjustment Assistance Act of 1952.

(3) The War Orphans' Educational Assistance Act of 1956.

(4) Chapters 30, 32, 33, 34, and 36.

(5) Chapters 107, 1606, 1607, and 1611 of title 10.

(6) Section 903 of the Department of Defense Authorization Act, 1981 (Public Law 96–342, 10 U.S.C. 2141 note).

(7) The Hostage Relief Act of 1980 (Public Law 96–449, 5 U.S.C. 5561 note).

(8) The Omnibus Diplomatic Security and Antiterrorism Act of 1986 (Public Law 99–399).

…(c) The aggregate period for which any person may receive assistance under chapter 35 of this title, on the one hand, and any of the provisions of law referred to in subsection (a), on the other hand, may not exceed 81 months (or the part-time equivalent thereof).

(end)

and the CFR :

38CFR §21.4020  Two or more programs.

(a) Limit on training under two or more programs.

The aggregate period for which any person may receive assistance under two or more of the following laws may not exceed 48 months (or the part-time equivalent):

                        (1) Part VII or VIII, Veterans Regulations numbered 1(a), as amended:

                        (2) Title II of the Veterans’ Readjustment Assistance Act of 1952;

                        (3) The War Orphans’ Educational Assistance Act of 1956;

(4) 38 U.S.C. chapters 30, 32, 33, 34, 35, and 36;

 

(5) 10 U.S.C. chapters 106a, 1606, and 1607;

...

(b) Limit on combining assistance received under Chapter 31 with assistance under another program. No person may receive assistance under Chapter 31, Title 38, United States Code in combination with any provisions of law listed in paragraph (a) of this section in excess of 48 months (or the part-time equivalent) unless the Department of Veterans Affairs determines that additional months of benefits under Chapter 31 are necessary to accomplish the purpose of the veteran’s rehabilitation program.  (Authority: 10 U.S.C. 16136(b), 16166(b); 38 U.S.C. 3034(a), 3241(a), 3323(a), 3695(b)) 
(end)

(NOTE “c)” IN THE CFR IS NOT HERE)

My question, if anyone can figure this out, is if the USC allows for 81 months but the CFR does not allow it, what needs to be done to fix this?

 

 

Edited by pwrslm
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