What this means
m21-1:XIII.i.1.C explains ratings to extend the delimiting date for educational assistance. In plain terms, the official guidance says 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 It also addresses 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
How this may help with a claim
Use m21-1:XIII.i.1.C as an internal VA audit trail for ratings to extend the delimiting date for educational assistance, not as a promise of a particular result. Compare the actions recorded in your claim file or decision notice with this source-specific detail: 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 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 If the record does not show the expected action, identify the missing step precisely when asking VA or an accredited representative to review the file.
What to review in your file
- Check the file against this official condition: when the delimiting dates for educational assistance may be extended
- Confirm that the record or notice addresses this source point: when medical infeasibility to pursue training may be found for any period during which the veteran or claimant was employed full-time
- Document how this stated step or exception applies: when to refer claims for delimiting date extensions to the rating activity
Important limits
m21-1:XIII.i.1.C is primarily internal workflow guidance about ratings to extend the delimiting date for educational assistance. It can help identify what VA was expected to document, but it does not by itself create a claimant deadline, a freestanding entitlement, or a guaranteed remedy. The source also states: 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 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:
Search terms when useful
Phrases that may help when searching your claim file or this library.
- Ratings to Extend the Delimiting Date for Educational Assistance
- m21-1:XIII.i.1.C
- Ratings Extend Delimiting
- Date Educational Assistance
- Extending Delimiting Dates Educational
- regional processing office jurisdiction
- when delimiting dates educational
- determining whether disability result
Original VA guidance
The official VA text of this section
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
- Veterans eligible for benefits under
- 38 U.S.C. Chapter 30
- 38 U.S.C. Chapter 31
- 38 U.S.C. Chapter 32, and/or
- 38 U.S.C. Chapter 33
- reservists eligible for 10 U.S.C. Chapter 1606 benefits, and
- spouses or surviving spouses eligible for benefits under
- 38 U.S.C. Chapter 33, or
- 38 U.S.C. Chapter 35.
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.
Scroll sideways to see the full table.
| If applying for educational benefits under … | Then … |
|---|---|
| 38 U.S.C. Chapter 31 | there is no time limitation for requesting a delimiting date extension. |
| 38 U.S.C. Chapter 30 38 U.S.C. Chapter 32 38 U.S.C. Chapter 33 38 U.S.C. Chapter 35, and 10 U.S.C. Chapter 1606 | 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.
Scroll sideways to see the full table.
| Step | Action |
|---|---|
| 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.