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Code of Federal Regulations Title 38. Pensions, Bonuses, and Veterans' Relief § 38.21.7144 Overpayments

Current as of January 02, 2025 | Updated by Findlaw Staff

(a) Prevention of overpayments. In administering benefits payable under 38 U.S.C. chapter 30, VA will apply the provisions of § 21.4008. See § 21.7133.

(Authority:  38 U.S.C. 3034, 3690(b))

(b) Liability for overpayments.

(1) The amount of the overpayment of educational assistance paid to a veteran or servicemember constitutes a liability of that veteran or servicemember.

(2) The amount of the overpayment of educational assistance paid to a veteran or servicemember constitutes a liability of the educational institution if VA determines that the overpayment was made as the result of willful or negligent:

(i) False certification by the educational institution;  or

(ii) Endorsement of a veteran's or servicemember's false certification of his or her actual attendance.

(Authority:  38 U.S.C. 3034, 3685)

(c) Recovery of overpayments. In determining whether an overpayment should be recovered from an educational institution, VA will apply the provisions of § 21.4009 (except paragraph (a)(1)) to overpayments of educational assistance under 38 U.S.C. chapter 30.

(Authority:  38 U.S.C. 3034, 3685)

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Cite this article: FindLaw.com - Code of Federal Regulations Title 38. Pensions, Bonuses, and Veterans' Relief § 38.21.7144 Overpayments - last updated January 02, 2025 | https://codes.findlaw.com/cfr/title-38-pensions-bonuses-and-veterans-relief/cfr-sect-38-21-7144/

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