38 CFR §21.9591

1. (a)Basis for education assistance payments. Payments of educational assistance are based on pursuit of a program of education. In order to receive educational assistance under 38 U.S.C. chapter 33, an eligible individual must—
   1. (1)Be pursuing an approved program of education;
   2. (2)Be pursuing refresher, remedial, or deficiency courses as these courses are defined in § 21.7020(b);
   3. (3)Be pursuing other preparatory or special education or training courses necessary to enable the individual to pursue an approved program of education;
   4. (4)Have taken an approved licensing or certification test, national test for admission, or national test for credit for which he or she is requesting reimbursement; or
   5. (5)Be an individual who has taken a course for which the individual received tuition assistance provided under a program administered by the Secretary of a military department under 10 U.S.C. 2007(a) or (c), for which the individual is requesting educational assistance for the amount of tuition and fees not covered by military tuition assistance.
2. (b)Approval of the selected program of education. Subject to paragraph (a) of this section, VA will approve a program of education under 38 U.S.C. chapter 33 selected by the individual if:
   1. (1)The program meets the definition of a program of education in § 21.9506; (2) Except for a program consisting of a licensing or certification test, a national test for admission, or a national test for credit, the program has an educational, vocational, or professional objective as described in § 21.7020(b)(13) or (22);
   2. (3)The courses, subjects, licensing or certification tests, national tests for admission, or national tests for credit in the program are approved for VA training; and
   3. (4)Except for a program consisting of a licensing or certification test designed to help the individual maintain employment in a vocation or profession, or for a program consisting of a national test for admission or a national test for credit, the individual is not already qualified for the objective of the program.
3. (c)Change of program. In determining whether an individual may change his or her selected program of education, VA will apply the provisions of § 21.4234.
4. (d)Authority.
   1. (1)Paragraph (a) of this section issued under the authority of 38 U.S.C. 3313, 3315, 3315A, 3323(a), 3689; and
   2. (2)Paragraph (b) of this section issued under the authority of 38 U.S.C. 3034(a), 3323(a), 3471, 3689.