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38 U.S.C. § 3691 — Change of program
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as provided in subsections (b) and (c) of this section, each eligible veteran and eligible person may make not more than one change of program of education, but an eligible veteran or eligible person whose program has been interrupted or discontinued due to the veteran’s or person’s own misconduct, the veteran’s or person’s own neglect, or the veteran’s or person’s own lack of application shall not be entitled to any such change.
**(b)** The Secretary, in accordance with procedures that the Secretary may establish, may approve a change other than a change under subsection (a) of this section (or an initial change in the case of a veteran or person not eligible to make a change under subsection (a)) in program if the Secretary finds that—
(1) the program of education which the eligible veteran or eligible person proposes to pursue is suitable to the veteran’s or person’s aptitudes, interests, and abilities; and
(2) in any instance where the eligible veteran or eligible person has interrupted, or failed to progress in, the veteran’s or person’s program due to the veteran’s or person’s own misconduct, the veteran’s or person’s own neglect, or the veteran’s or person’s own lack of application, there exists a reasonable likelihood with respect to the program which the eligible veteran or eligible person proposes to pursue that there will not be a recurrence of such an interruption or failure to progress.
**(c)** The Secretary may also approve additional changes in program if the Secretary finds such changes are necessitated by circumstances beyond the control of the eligible veteran or eligible person.
**(d)**
(1) For the purposes of this section, the term “change of program of education” shall not be deemed to include a change by a veteran or eligible p
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Source location: Title 38, Chapter 36, § 3691; chapter-036-administration-of-educational-benefits.md
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**(a)** Except as provided in subsections (b) and (c) of this section, each eligible veteran and eligible person may make not more than one change of program of education, but an eligible veteran or eligible person whose program has been interrupted or discontinued due to the veteran’s or person’s own misconduct, the veteran’s or person’s own neglect, or the veteran’s or person’s own lack of application shall not be entitled to any such change.
**(b)** The Secretary, in accordance with procedures that the Secretary may establish, may approve a change other than a change under subsection (a) of this section (or an initial change in the case of a veteran or person not eligible to make a change under subsection (a)) in program if the Secretary finds that—
(1) the program of education which the eligible veteran or eligible person proposes to pursue is suitable to the veteran’s or person’s aptitudes, interests, and abilities; and
(2) in any instance where the eligible veteran or eligible person has interrupted, or failed to progress in, the veteran’s or person’s program due to the veteran’s or person’s own misconduct, the veteran’s or person’s own neglect, or the veteran’s or person’s own lack of application, there exists a reasonable likelihood with respect to the program which the eligible veteran or eligible person proposes to pursue that there will not be a recurrence of such an interruption or failure to progress.
**(c)** The Secretary may also approve additional changes in program if the Secretary finds such changes are necessitated by circumstances beyond the control of the eligible veteran or eligible person.
**(d)**
(1) For the purposes of this section, the term “change of program of education” shall not be deemed to include a change by a veteran or eligible person from the pursuit of one program to the pursuit of another program if—
(A) the veteran or eligible person has successfully completed the former program;
(B) the program leads to a vocational, educational, or professional objective in the same general field as the former program;
(C) the former program is a prerequisite to, or generally required for, pursuit of the subsequent program;
(D) in the case of a change from the pursuit of a subsequent program to the pursuit of a former program, the veteran or eligible person resumes pursuit of the former program without loss of credit or standing in the former program; or
(E) the change from the program to another program is at the same educational institution and such educational institution determines that the new program is suitable to the aptitudes, interests, and abilities of the veteran or eligible person and certifies to the Secretary the enrollment of the veteran or eligible person in the new program.
(2) A veteran or eligible person undergoing a change from one program of education to another program of education as described in paragraph (1)(E) shall not be required to apply to the Secretary for approval of such change.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Except as provided in subsection (b), the Secretary shall conduct an annual compliance survey of educational institutions and training establishments offering one or more courses approved for the enrollment of eligible veterans or persons if at least 20 such veterans or persons are enrolled in any such course. The Secretary shall—
(A) design the compliance surveys to ensure that such institutions or establishments, as the case may be, and approved courses are in compliance with all applicable provisions of chapters 30 through 36 of this title;
(B) survey each such educational institution and training establishment not less than once during every 2-year period; and
(C) assign not fewer than 1 education compliance specialist to work on compliance surveys in any year for each 40 compliance surveys required to be made under this section for such year.
(2) The Secretary, in consultation with the State approving agencies, shall—
(A) annually determine the parameters of the surveys required under paragraph (1); and
(B) not later than September 1 of each year, make available to the State approving agencies a list of the educational institutions and training establishments that will be surveyed during the fiscal year following the date of making such list available.
**(b)** The Secretary may waive the requirement in subsection (a)(1) for a compliance survey with respect to an educational institution or training establishment if the Secretary determines, based on the record of compliance of such institution or establishment with all the applicable provisions of chapters 30 through 36 of this title, that the waiver would be appropriate and in the best interest of the United States Government.
**(c)** To the maximum extent feasible, the Secretary, or
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3693
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1)
(A) The Secretary shall pay monthly to each living person whose name has been entered on the Army, Navy, Air Force, and Coast Guard Medal of Honor Roll, and a copy of whose certificate has been delivered to the Secretary under subsection (d) of [section 1134a of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1134a&num=0&edition=prelim), a special pension at the rate described in subparagraph (B), as adjusted from time to time under subsection (e),11 See Special Benefit Allowance Rates note below. beginning as of the date on which the person’s name is entered on the Army, Navy, Air Force, and Coast Guard Medal of Honor Roll under subsection (b) of such section.
(B) The rate described in this subparagraph is equal to the amount of monthly compensation paid to a veteran without dependents under subsection (m) of [section 1114 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1114&num=0&edition=prelim), increased to the next intermediate rate under subsection (p) of such section.
(2)
(A) Except as provided in subparagraphs (B) and (C), the Secretary shall pay special pension under this section to the surviving spouse of a person whose name has been entered on the Army, Navy, Air Force, and Coast Guard Medal of Honor Roll and a copy of whose certificate has been delivered to the Secretary under [section 1134a(d) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1134a/d&num=0&edition=prelim).
(B) No special pension shall be paid to a surviving spouse of a person under this section unless such surviving spouse was married to such person—
(i) for one year or more prior to the veteran’s death; or
(ii) for any period of time if
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1562
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** For the purposes of [section 1710(a)(2)(G) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1710/a/2/G&num=0&edition=prelim), a veteran shall be considered to be unable to defray the expenses of necessary care if—
(1) the veteran is eligible to receive medical assistance under a State plan approved under title XIX of the Social Security Act ([42 U.S.C. 1396](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396&num=0&edition=prelim) et seq.);
(2) the veteran is in receipt of pension under [section 1521 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1521&num=0&edition=prelim); or
(3) the veteran’s attributable income is not greater than the amount set forth in subsection (b).
**(b)**
(1) For purposes of subsection (a)(3), the income threshold for the calendar year beginning on January 1, 1990, is—
(A) $17,240 in the case of a veteran with no dependents; and
(B) $20,688 in the case of a veteran with one dependent, plus $1,150 for each additional dependent.
(2) For a calendar year beginning after December 31, 1990, the amounts in effect for purposes of this subsection shall be the amounts in effect for the preceding calendar year as adjusted under subsection (c) of this section.
**(c)** Effective on January 1 of each year, the amounts in effect under subsection (b) of this section shall be increased by the percentage by which the maximum rates of pension were increased under [section 5312(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5312/a&num=0&edition=prelim) during the preceding calendar year.
**(d)**
(1) Notwithstanding the attributable income of a veteran, the Secretary may refuse to ma
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1722
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Subject to subsection (b), a family member of a veteran described in subparagraph (F) of [section 1710(e)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1710/e/1&num=0&edition=prelim) who resided at Camp Lejeune, North Carolina, for not fewer than 30 days during the period described in such subparagraph or who was in utero during such period while the mother of such family member resided at such location shall be eligible for hospital care and medical services furnished by the Secretary for any of the illnesses or conditions described in such subparagraph, notwithstanding that there is insufficient medical evidence to conclude that such illnesses or conditions are attributable to such residence.
**(b) Limitations.—**
(1) The Secretary may only furnish hospital care and medical services under subsection (a) to the extent and in the amount provided in advance in appropriations Acts for such purpose.
(2) Hospital care and medical services may not be furnished under subsection (a) for an illness or condition of a family member that is found, in accordance with guidelines issued by the Under Secretary for Health, to have resulted from a cause other than the residence of the family member described in that subsection.
(3) The Secretary may provide reimbursement for hospital care or medical services provided to a family member under this section only after the family member or the provider of such care or services has exhausted without success all claims and remedies reasonably available to the family member or provider against a third party (as defined in [section 1725(h) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1725/h&num=0&edition=prelim)) for payment of
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary shall discontinue the educational assistance allowance of an eligible veteran if, at any time, the Secretary finds that according to the regularly prescribed standards and practices of the educational institution, the veteran’s attendance, conduct, or progress is unsatisfactory. The Secretary may renew the payment of the educational assistance allowance only if the Secretary finds that—
(1) the veteran will be resuming enrollment at the same educational institution in the same program of education and the educational institution has both approved such veteran’s reenrollment and certified it to the Department of Veterans Affairs; or
(2) in the case of a proposed change of either educational institution or program of education by the veteran—
(A) the cause of the unsatisfactory attendance, conduct, or progress has been removed;
(B) the program proposed to be pursued is suitable to the veteran’s aptitudes, interests, and abilities; and
(C) if a proposed change of program is involved, the change meets the requirements for approval under [section 3691 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3691&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3474
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary shall discontinue the educational assistance allowance on behalf of an eligible person if, at any time, the Secretary finds that according to the regularly prescribed standards and practices of the educational institution such person is attending, the person’s attendance, conduct, or progress is unsatisfactory. The Secretary may renew the payment of the educational assistance allowance only if the Secretary finds that—
(1) the eligible person will be resuming enrollment at the same educational institution in the same program of education and the educational institution has both approved such eligible person’s reenrollment and certified it to the Department of Veterans Affairs; or
(2) in the case of a proposed change of either educational institution or program of education by the eligible person—
(A) the cause of the unsatisfactory attendance, conduct, or progress has been removed;
(B) the program proposed to be pursued is suitable to the eligible person’s aptitudes, interests, and abilities; and
(C) if a proposed change of program is involved, the change meets the requirements for approval under [section 3691 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3691&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
Page 856
TITLE 38—VETERANS’ BENEFITS
§ 3691
(d) FALSE OR MISLEADING STATEMENTS.—When-
ever the Secretary finds that an educational in-
stitution has willfully submitted a false or mis-
leading claim, or that a veteran or person, with
the complicity of an educational institution, has
submitted such a claim, the Secretary shall
make a complete report of the facts of the case
to the appropriate State approving agency and,
where deemed advisable, to the Attorney Gen-
eral of the United States for appropriate action.
(Added Pub. L. 92–540, title III, § 316(2), Oct. 24,
1972, 86 Stat. 1088, § 1790; amended Pub. L. 94–502,
title V, §§ 510, 513(a)(19), Oct. 15, 1976, 90 Stat.
2401, 2403; Pub. L. 95–202, title III, § 306, Nov. 23,
1977, 91 Stat. 1445; Pub. L. 96–466, title VIII,
§ 801(f), Oct. 17, 1980, 94 Stat. 2216; Pub. L. 97–295,
§ 4(59), Oct. 12, 1982, 96 Stat. 1309; Pub. L. 97–306,
title II, § 207, Oct. 14, 1982, 96 Stat. 1435; Pub. L.
101–237, title IV, § 423(a)(9), (b)(1)(A), (2), Dec. 18,
1989, 103 Stat. 2092; renumbered § 3690, Pub. L.
102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L.
102–86, title V, § 506(b)(1), Aug. 14, 1991, 105 Stat.
426; Pub. L. 109–233, title V, § 503(8)(A), June 15,
2006, 120 Stat. 416; Pub. L. 110–252, title V,
§ 5003(b)(2)(A)(iv), June 30, 2008, 122 Stat. 2375;
Pub. L. 117–76, § 3(c)(2), Dec. 21, 2021, 135 Stat.
1519.)
Editorial Notes
PRIOR PROVISIONS
Provisions similar to those comprising subsec. (a)
were contained in former section 1685, as added by Pub.
L. 89–358, § 2, Mar. 3, 1966, 80 Stat. 19, § 1684; renumbered
Pub. L. 90–77, title III, § 304(a), Aug. 31, 1967, 81 Stat. 186,
and former section 1734, Pub. L. 85–857, Sept. 2, 1958, 72
Stat. 1199; Pub. L. 89–358, § 4(m), Mar. 3, 1966, 80 Stat. 25;
provision
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 3691
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