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Federal regulations · Through 2026-08-25 · Newer source version available

38 CFR 21.7144: Overpayments.

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Where this section sits in the code
  1. Title 38—Pensions, Bonuses, and Veterans' Relief
  2. CHAPTER I—DEPARTMENT OF VETERANS AFFAIRS
  3. PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION
  4. Subpart K—All Volunteer Force Educational Assistance Program (Montgomery GI Bill—Active Duty)

(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.

(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.

(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.

Collected 2026-08-27T02:25:50Z. Source file · JSON

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