M21-1 Manual  /  Part XIII, Subpart i, Chapter 1, Section C

Ratings to Extend the Delimiting Date for Educational Assistance

M21-1, Part XIII, Subpart i, Chapter 1, Section C

Overview

In This Section

 This section contains the topic “Extending the Delimiting Dates for Educational Assistance.”

1. Extending the Delimiting Dates for Educational Assistance

Introduction

 This topic contains information on extending the delimiting dates for educational assistance based on disability, including
  • regional processing office (RPO) jurisdiction in claims for extension of the educational assistance delimiting date
  • when the delimiting dates for educational assistance may be extended
  • determining whether the disability was the result of willful misconduct
  • when medical infeasibility to pursue training may be found for any period during which the claimant was employed full-time
  • time limit for requesting a delimiting date extension
  • when to refer claims for delimiting date extensions to the rating activity
  • processing claims for delimiting date extensions
  • reviewing medical records for evidence relating to non-Education Service benefits, and
  • rating conclusion for determinations of delimiting date extensions.

Change Date

 April 12, 2021

XIII.i.1.C.1.a. RPO Jurisdiction in Claims for Extension of the Educational Assistance Delimiting Date

 The jurisdiction of all rating determinations required in claims for extension of the educational assistance delimiting date resides with the regional processing offices (RPOs) in
  • Buffalo, and
  • Muskogee.
If an RO receives a request for a delimiting date extension, the RO should route the request to the RPO of jurisdiction. Note: The address of the claimant’s educational facility determines which RPO has jurisdiction over the claim. Reference: For more information on the alignment of ROs and RPOs, see M22-4, Part III, 1.02.

XIII.i.1.C.1.b. When the Delimiting Dates for Educational Assistance May Be Extended

 The delimiting date for educational assistance may be extended for the following beneficiaries, if the rating activity determines that mental or physical disability, not the result of misconduct, prevented their initiation or completion of a chosen program of education within the applicable 10, 12, 15, or 20-year period of eligibility

XIII.i.1.C.1.c. Determining Whether the Disability Was the Result of Willful Misconduct

 A determination as to whether the disability was the result of willful misconduct is made by the rating activity or authorization activity according to the provisions of M21-1, Part X, Subpart iv, 1.C.

XIII.i.1.C.1.d. When Medical Infeasibility to Pursue Training May Be Found for Any Period During Which the Claimant Was Employed Full-Time

 Medical infeasibility to pursue training ordinarily may not be found for any period during which the claimant was employed full-time unless
  • the medical evidence indicates the employment was part of a medically- prescribed rehabilitation program
  • the employment was of a marginal nature and the disability can reasonably be deemed to have restricted the claimant from concurrent pursuit of the chosen program of training, or
  • the nature of the disability actually precluded the claimant from pursuing the desired program of training.

XIII.i.1.C.1.e. Time Limit for Requesting a Delimiting Date Extension

 Use the table below to determine the appropriate time limit for requesting a delimiting date extension.
If applying for educational benefits under …Then …
38 U.S.C. Chapter 31 there is no time limitation for requesting a delimiting date extension.
the application for an extension of the delimiting date must be received in VA within one year of the latter
  • the last date of the delimiting period, otherwise applicable, or
  • the termination of the period of mental or physical disability.

XIII.i.1.C.1.f. When to Refer Claims for Delimiting Date Extensions to the Rating Activity

 Veterans Claims Examiners at RPOs refer claims for delimiting date extensions to the rating activity of the RO co-located with the RPO when the following evidence is of record:
  • the claimant’s statement as to
    • the origin, if known, and nature of the disability upon which the claim for extension is based and the period(s) during which training was precluded because of disability
    • employment history during the period(s) in which educational pursuit was prevented by disability, including the dates and weekly hours of employment, names and addresses of employers, and types of jobs held, and
    • the exceptional circumstances which prevented the claimant from enrolling in or pursuing a program of education during the period of disablement, if the disabling period was 30 days or less, and
  • medical evidence of the disability, including a statement by a physician, indicating
    • diagnosis and treatment, the period(s) of disability, the dates during which, in the physician’s opinion, training was medically infeasible, and an evaluation of current feasibility of employment or training, and
    • hospital reports, laboratory tests, and other relevant medical evidence referred to by the claimant or the attending physician.

XIII.i.1.C.1.g. Processing Claims for Delimiting Date Extensions

 The table below describes the actions the RPOs and the co-located ROs take when processing claims for delimiting date extensions.
StepAction
1 An RPO receives a claim for a delimiting date extension.
2 Is there sufficient evidence of record to warrant referral of the claim to the rating activity at the co-located RO?
  • If yes, the RPO
    • scans the evidence into The Image Management System (TIMS), an electronic database
    • forwards the hard copy of the evidence to the RO rating activity, and
    • goes to Step 4.
  • If no, the RPO
    • sends a development letter to the claimant, and
    • goes to Step 3.
Reference: For more information on when to refer claims for delimiting date extensions to the rating activity, see M21-1, Part XIII, Subpart i, 1.C.1.f.
3 Did the claimant provide the evidence requested?
  • If yes, the RPO
    • scans the medical evidence into TIMS
    • forwards the hard copy of the medical evidence to the RO rating activity, and
    • goes to Step 4.
  • If no, the RPO
    • denies the claim, and
    • notifies the claimant of the decision.
4 The RO rating activity
  • prepares a rating decision, and
  • furnishes the RPO
    • a copy of the decision, and
    • the evidence considered in the claim.
5 The RPO
  • scans the rating decision into TIMS
  • takes final action on the claim based on the rating determination, and
  • notifies the claimant of the decision.

XIII.i.1.C.1.h. Reviewing Medical Records for Evidence Relating to Non-Education Service Benefits

 The RO rating activity must carefully review medical records furnished by RPOs for evidence that could relate to non-Education Service benefits. When reviewing medical records, the rating activity should
  • access the appropriate VBA digital system screens to determine
    • the existence and location of the Veteran’s claims folder, and
    • what SC disabilities, if any, have been established
  • for paper claims folders, contact the station of origination (SOO) where the claims folder is located for clarification of SC disabilities, if necessary
  • examine the medical records for
    • any informal or formal claims for non-Education Service benefits, such as compensation,
    • records that pertain to a previously-established SC disability, and
    • forward pertinent paper medical records and/or claims for benefits to the SOO where the claims folder is located.

XIII.i.1.C.1.i. Rating Conclusion for Determinations of Delimiting Date Extensions

 In the rating decision conclusion for determinations of delimiting date extensions, under the Decision, show either
  • Extension of Delimiting Date Under Ch. 30, 38 U.S.C. 3031(d)[is] [is not]granted
  • Extension of Delimiting Date Under Ch. 31, 38 U.S.C. 3103[is] [is not]granted
  • Extension of Delimiting Date Under Ch. 32, 38 U.S.C. 3232(2)(A) and (B)[is] [is not]granted
  • Extension of Delimiting Date Under Ch. 33, 38 U.S.C. 3312(b)(1) [is] [is not]granted
  • Extension of Delimiting Date Under Ch. 35, 38 U.S.C. 3512(B)[is] [is not]granted, or
  • Extension of Delimiting Date Under Ch. 1606, 10 U.S.C. 16133(b)(3)[is] [is not]granted.
In the coded conclusion, show either
  • Training medically infeasible from[date]through[date], or
  • Disability did not make training medically infeasible.

Source: VA M21-1 Adjudication Procedures Manual, M21-1, Part XIII, Subpart i, Chapter 1, Section C (U.S. government work, reproduced for reference). Browse all sections →