Election of Education Benefits

This document amends the Department of Veterans Affairs (VA) educational assistance and educational benefits regulations relating to certain elections between benefits. VA has provided by regulation that after a veteran seeks to make an election to have service in the Selected Reserve credited toward payment under the Montgomery GI Bill-- Selected Reserve (MGIB-SR) program or under the Montgomery GI Bill-- Active Duty (MGIB-AD) program, the election will take effect when the individual has negotiated a check issued under the program she or he has elected. In order to adapt the regulations to the new system of electronic transfers, these election provisions are changed to make the election effective either upon negotiation of a check or electronic receipt of education benefits. VA has provided by regulation that an election to receive benefits under Survivors' and Dependents' Educational Assistance (DEA) for a program of education rather than pension, compensation, or Dependency and Indemnity Compensation (DIC) will take effect when the individual has commenced a program of education and negotiated a check issued under the program she or he has elected. In order to adapt the regulations to the new system of electronic transfers and to ensure that decisions are made with knowledge, these election provisions are changed to require a written election to be submitted and to make the election effective either upon negotiation of a check or electronic receipt of education benefits. Nonsubstantive changes are also made for purposes of clarity and to reflect current statutory codification and authority. This final rule also involves collections of information.