VA Sheds Light on Post-9/11 GI Bill Rules

By Terry Howell

This week the VA released the "Post-9/11 GI Bill; Final Rule." This set of regulations governing the policy and procedures for the new GI Bill, is not an easy read. But, it does offer clarification and answers some of the questions we have been asking for the last six months.

The final rule was developed by the Department of Veterans Affairs based on the statutes as currently written. Many details are clearly defined by the statute. However, the law also has many gaps and several ambiguous passages. Leaving the VA to try fill the gaps as best they could.
While the VA doesn’t have the authority to alter or create rules that conflict with the existing law, they do have the authority to set policy based on past rulings and policies where applicable.

It appears that the VA used as “veteran-friendly” an approach as possible in developing the final rule. As part of the process, the VA issued a preliminary copy of the regulations and provided time for comments and feedback. The first 13 pages of the document are dedicated to listing and answering the comments they received.

Although far from finished reading it, I decided to pull out some of the more interesting rulings found in the comment response section of the document.

Note: It is important to remember the VA was given a poorly written law to start with, and in my opinion, they have done their best to make it work within the limits of their authority.

Some National Guard and Active Guard Reserve Deemed Ineligible
The VA has determined that there is no section of the existing statute that will allow them to authorize eligibility for members of the National Guard or Active Guard Reserve (AGR) serving under title 32, U.S.C..

NOAA and PHS Officers Now Deemed Eligible
According to the final rule, service as a commissioned National Oceanic and Atmospheric Administration or Public Health Services officer meets the active duty requirement for eligibility as long as all other Post-9/11 GI Bill eligibility requirements have been met.

Clarifications on Transferring Benefits
Although the DoD has yet to issue their final policy on transferability, the VA has clarified how it will apply to those the DoD deem eligible. The general rule is that the person receiving the transferred GI Bill benefits will get the same payment and benefits as the servicemember or veteran would have got if they kept it.

- Transferring Kickers: Based on comments and the statute, the VA has clarified that the rate of payment for transferred benefits under the Post-9/11 GI Bill will include any kicker to which the transferor is entitled.

- Payment Rate and Stipends for Transferred Benefits: A dependent child and surviving spouse will always receive benefit payments in the same manner as an individual off active duty (or veteran). This means that they will be eligible to receive the housing allowance if all other criteria are met.

However, a dependent spouse of an active duty servicemember will receive benefits in the same manner as the transferor, thus he or she will not be eligible for the monthly housing allowance.

- Combining Transferred and Earned GI Bill Benefits: If a spouse and/or dependent child has earned GI Bill benefits of their own and had benefits transferred to them, he or she may use their own (earned) Post-9/11 GI Bill benefits and/or benefits that were transferred to them.

In addition, the VA's final rule states that this "combining of education assistance" is not subject to the 48 months limit as long as the only educational assistance paid is under the Post-9/11 GI Bill. However, if the dependent is awarded educational assistance under another program, such as the Montgomery GI Bill, the 48 months limit will apply.

This means that spouses who are qualified for the Post-9/11 GI Bill due to their own active-duty service and have Post-9/11 GI Bill benefits transferred to them by their husband of wife can get up to 72 months of the Post-9/11 GI Bill.

Education Benefits for Students Attending Foriegn Institutions
Tuition and fee limits for eligible students studying abroad will be based on the national average "in-state tuition and fees" rates. In addition, the living stipend (Monthly Housing Allowance) will also be based on the national average as set by the DoD's Basic Allowance for Housing at the E-5 with Dependents rate (approximately $1,200 a month). Note: students taking classes solely via distance learning (online) are not eligilble for the monthly housing stipend.

No Monthly Verification Requirement
The new GI Bill will no longer require students to verify their status each month to receive their benefits. However, they will be required to notify the VA if they change the number of units they are carrying during a given term.

Keep in mind that the topics covered here are only the tip of the iceberg, I will continue to comb through the document to find answers to your more frequently asked questions.

Now that the “Final Rule” has been released, VA representatives will have better information and a greater ability to answer your personal benefit eligibility and status questions. Be sure to ask as many questions as possible since you will soon be asked to make an irrevocable choice of which GI Bill program – Montgomery GI Bill (Chapter 30) or Post-9/11 GI Bill (Chapter 33) – will work best for you.

My advice–don’t rush to judgment, weigh the facts and make a careful decision. Here is a link to a recent blog posting that could help you know what to ask: VA Offers Info on GI Bill Decision.

Call the VA at 1-888-GIBILL-1 or visit the Q&A section of the VA website to get the facts on your personal GI Bill benefits.

For those suffering insomnia, feel free to read the VA’s Post-9/11 GI Bill; Final Rule (PDF). – Beware it contains 42 single-spaced three-column pages of Government speak.

Comments

[Curtis Bussiere]

I am searching for a voice in Washington who can address a problem with the new post 9/11 GI education bill. I have been eagerly awaiting the approval and implementation of this landmark benefit package. This bill has been passed and has deliberately left out AGR (Active Guard and Reserve) members including retirees. I retired Mar 31 2008 with a total of 25 years active federal service in the Army. I served from 1977 until 1992 in the regular army. I then joined the reserves in 1993 until 1999. In 1999 I joined the Active Reserves and served until my retirement in 2008. During that time I have been to Bosnia, Kosovo and served in Iraq twice.
According to the post 9/11 GI bill soldiers who served in the AGR are not qualified for this benefit? Does your organization have any information on this? Could this be an oversight?

“Some National Guard and Active Guard Reserve Deemed Ineligible
The VA has determined that there is no section of the existing statute that will allow them to authorize eligibility for members of the National Guard or Active Guard Reserve (AGR) serving under title 32, U.S.C.”.

[Warren Schneeweis]

This page is unreadable:

http://military-education.military.com/2009/03/va-offers-more-info-to-aid-pending-gi-bill-decision.html

[cjmilcom]

Great article - I learned a lot about the New GI Bill

[Mark Lanthier]

If your AGR you get nothing becauce congress forgot to put title 32 in the bill. So the VA will not consider us active duty. 29 year and I get nothing. So be happy you get somthing.

[Greg S.]

I retired as an AGR soldier in 2005. What benefits am I eligible to receive? Also can these benefits be transferred to one or more of my children?

[Sarah]

I served in the army from 2006 - 2009. I am eligable 100% for the post 911 G.I. Bill. My husband is still in active duty, so therefor we get BAH through him. If that is the situation , would I still get the BAH that comes with the 911 G.I. Bill or not because my husband gets it through active duty?

[Carl Miller]

thanks JP for what you have said because thast have shedded a little light on my situation, and do what most mature adults that served their country. And that is I'm just going to move on and just make the most of this voc. rehab. and all the other benefits that I will receive.

[Richard forgach]

Could you please tell me if I'm able to get the new GI bill. I retired in May 2003 and I was still on active duty during Afganistan.

[Jeff]

Listening and reading some of these comments reminds me of what is wrong with America (Besides politicians that don't get it) Actually it does make sense because we are the ones that keep voting for them.

I am active duty (split service) with nineteen years. It feels like I am at the wailing wall reading some of the posts in here. People are seriously posting that they think that their expenses that they already incurred (up to ten years ago) should be reimbursed by the government! Unbelievable! Or I already used up my benefits but I want another bite at the apple... that is the problem with us Americans these days... instead of being grateful that the politicians are trying to make the G.I. bill a more realistic to achieve a degree people are complaining that they arent getting the same amount of money as someone else. It is disgusting and frankly diminishes you service if you ask me. The New GI Bill is partly a retention tool.. if you have been retired for 10 years, sorry bud this is not targeted at you... If you have used up you Chapter 30 benefits... sorry this doesnt apply. Everybody needs to get a grip.
Finally don't take this as a criticism of your service, but I know some of you will. If the shoe fits wear it, you should be pleased that some Soldiers, Sailors, Marines, Airman and Coastguardsman are getting the benefits to achieve their educational goals besides whinning about how you missed the boat.

[Julie]

I joined the Air Force just prior to 9/11 and served 6 years. I'm currently using the Chapter 30 GI Bill. I want to know when i am finished with my degree and have exhausted my Chapter 30 GI Bill is the 9/11 GI BILL still available to me?

[Cory]

I joined the Marines prior to 9/11, so I'm 100% eligible. The problem is I finished active duty in 2005 and went straight into school. I graduated last May under the old program working full-time, and going to school at night with a family raising a new born. Sure would have been nice to have the BAH then so I didn't miss out on so much.

Does anyone know if there is back pay for those who meet the eligibility but already went to school? I fought in Iraq. Since we're under an Obama administration I want to make sure I'm getting mine too!

[Army Wife]

My husband was in active duty for 18 months in IRAQ and came back in 2005. He then retired after serving 20 years in Army, honorably discharged. Now, can he transfer his post 9/11 GI bill transfer to our children? We got high school daughter and middle school son and we have no money for them to go to college.

[Terry Howell]

RE: Mr. Lorry - The housing stipend is yours to spend on living expenses. Doesn't matter where you live - dorm, apt. or at home with Mom and Dad. The only factor is are you otherwise eligible.

[Mr.Lorry]

Does the housing allowance cover an aptarment if your going to school full time?

[prtyfdup]

This bill has never made any sense to me and many others. Why couldn't the original GI Bill simply be improved upon? It gives those who served since 2001 and their families, benefits no one else could receive before. As usual the VA seems to dream up "rules" and laws that affect veterans and their familes that make absolutely no sense.

[JP]

P.S. Matt.

Oh yeah, and because I didn't sign up for VEAP, I was then ineligible to transfer or sign up for the Montgomery GI Bill. But my subordinates who came in after 1986 were and entitled to many, many thousands of VA dollars. Think that's fair? And oh by the way, over half my career was spent overseas, and I still got it done.

[JP]

Sorry, Matt. The only VA Education benefit available in 1983 was VEAP--a sorry program that required a significant payout by the member and only would return VA money 2 for 1 at a max of $8100 total (including the $2700 the member contributed). The counselors at basic recommended against signing up. So, as a wet-behind-the-ears 18 year old E-1, I accepted their recommendation. Besides, any idea how much an E-1 made in 1983?
But I'm not whining. Over the course of my career, I used TA to complete both my BS and MS degrees. Knowing I had no post military benefits, I planned ahead. Novel concept, eh? Oh, and TA never covered 100% tuition or any books, so I had to kick in a large portion of my own $$$. But I'm not whining about that either. It was an investment in my future.
What I don't get is all the whining about how people think they should be able to transfer their education benefits to their wives and kids, etc., etc. It's that sense of entitlement that I believe is misplaced.
So, Matt, if you've earned it and are eligible, that's great. Be thankful and enjoy. But to those that may not be or believe that they should be entitled to every program that comes along--quit whining. Life's not always fair.

[Henry]

RE: Matt

Yes Matt, the vast majority of us are whiner's. Those same folks who are whining about the GI Bill are the same one's that whine about not having time to go to school because of deploying, or duty location, or time. All excuses today, especially with the steps the military has taken to bring education to the front lines for the Warrior's who are actually doing the fighting. Yes, you earned it and yes you definitely deserve it. But how long will it take before you begin to use what you've earned. You've also earned Tuition Assistance (which would fund your education and still leave your GI Bill untouched for later use). How much of that earned benefit have you used to date. I'm betting either minimal or none! That's why it's classified as whining. Oh yeah, and about that investment you made. . .not all investments pay off in the end so quit stalling and use what's available to you NOW before the administration takes that away too.

[Matt]

RE:JP
You bet I am entitled to this benefit. I bought in to the program, made an investment. Just like any investment, you expect it to keep up with the times. Just because you did not have the sense of mind to sign up for the GI Bill (which was an option in 1983), does not give you the right to call the rest of us whiners. I served my country and after three trips to Iraq you bet my country owes me something.

[EFHoden]

I retired Nov 2000. Returned to active duty Sep 2001 and have been on active duty since then so should be 100% eligible for myself. I have a separation date of 30 Sep so will have a total of 28 years active. I don't need another degree but my 3 daughters do. I read in this article that children between 18-26 years of age are ineligible. So, if I read correctly, benefits may be transferable but not to college age kids. That's government wisdom for you!

[JP]

PEOPLE! Please quit whining! Every VA GI Bill that has been issued has left some segment of the veteran population out in the cold. This one will be no different. I did 20 years on active duty and at the time of my retirement in 2003 had absolutely NO GI bill benefits whatsoever. But I didn't whine about it. I just accepted it, moved on, and made other arrangements. But I also don't have this overwhelming sense of entitlement that most posters seem to have. Why does everyone seem to think that doing some time on active duty entitles them and their families to free education on my tax dollar? If you're eligible, consider it a priviledge. It's not a right. If you're retired, you get a check every month and access to Tricare medical benefits (which are far cheaper than most company sponsored plans), commissary, BX, etc.
Be thankful for what the VA does provide because, hey, it's better than the alternative. And be thankful that there are many veterans (like me) who had nothing that will be able to take advantage of this. And it will be something less than the 100% level. But I'm not complaining...

[Ray]

I plowed through the 42 pages looking for an answer I have yet to find anywhere. Does anyone know what the definition of a month is for the percentages? Is it similar to the CZTE where you get credit for a month even if you only served one day in that month or is it a 30 day rule for math purposes?

[harold]

we vets are all in the" HARDWARE STORE BIN "CALLED SCREWED.

[1stSgt Marines]

I have attempted to use the new GI Bill benefits as a USMCR member. I was denied because I dropped to the IRR for 10 months in attempt to solidify work relationships with my civilian employer. Has this penalty been removed in any of these new modicfications for OIF Vets?

[1stSgt]

I have attempted to use the new GI Bill benefits as a USMCR member. I was denied because I dropped to the IRR for 10 months in attempt to solidify work relationships with my civilian employer. Has this penalty been removed in any of these new modicfications for OIF Vets?

[Nick]

How does all of this apply to medically retired soldiers? I was retired July, 2008 with 6 and a half years and two Iraq tours. I'm using the VA Voc. Rehab program. How does the new bill match up and how does it effect transferability? Since my daughters are only 3 and 1 is there any way benefits could even been transferred to them?

[frank]

I too am I retired 1 Aug 2007,and if I have read it right I miss the dependent transfer by a month,,,,A MONTH!!!! but some one who has ten years in can get the whole package.....How is this justified...I have 2 daughters I would love to give these benefits too...because there DAD served his country for 20 years......I am proud of the men and women who serve even if for a short time,but how and why should they get better treatment......
Signed,
MISSION COMPLETE

[daphne]

My husband is due to retire in May of 2010 with a full twenty in. I have not had the time to attend school until now. Currently, I've got a 4.0 for computer forensics at an online college. Does this mean that after twenty years we're out of luck? I've ready comments that state two things at once, and I just want an answer.

If it's a no, bullocks. Why any soldier who's almost got twenty in can't have his GI Bill for his family but someone who has ten in can is ridiculous. I hope to God I'm reading this wrong.

My husband's last re-enlistment involved the gracious military gift of a coffee mug. A freaking coffee mug. Please tell me we get the transfer of the GI Bill. I've stuck by him for 18 years. Can't I get some smartz, too? I know it's not a coffee mug, but it would be nice.

Ugh.

[daphne]

My husband is due to retire in May of 2010 with a full twenty in. I have not had the time to attend school until now. Currently, I've got a 4.0 for computer forensics at an online college. Does this mean that after twenty years we're out of luck? I've ready comments that state two things at once, and I just want an answer.

If it's a no, bullocks. Why any soldier who's almost got twenty in can't have his GI Bill for his family but someone who has ten in can is ridiculous. I hope to God I'm reading this wrong.

My husband's last re-enlistment involved the gracious military gift of a coffee mug. A freaking coffee mug. Please tell me we get the transfer of the GI Bill. I've stuck by him for 18 years. Can't I get some smartz, too? I know it's not a coffee mug, but it would be nice.

Ugh.

[daphne]

My husband is due to retire in May of 2010 with a full twenty in. I have not had the time to attend school until now. Currently, I've got a 4.0 for computer forensics at an online college. Does this mean that after twenty years we're out of luck? I've ready comments that state two things at once, and I just want an answer.

If it's a no, bullocks. Why any soldier who's almost got twenty in can't have his GI Bill for his family but someone who has ten in can is ridiculous. I hope to God I'm reading this wrong.

My husband's last re-enlistment involved the gracious military gift of a coffee mug. A freaking coffee mug. Please tell me we get the transfer of the GI Bill. I've stuck by him for 18 years. Can't I get some smartz, too? I know it's not a coffee mug, but it would be nice.

Ugh.

[daphne]

My husband is due to retire in May of 2010 with a full twenty in. I have not had the time to attend school until now. Currently, I've got a 4.0 for computer forensics at an online college. Does this mean that after twenty years we're out of luck? I've ready comments that state two things at once, and I just want an answer.

If it's a no, bullocks. Why any soldier who's almost got twenty in can't have his GI Bill for his family but someone who has ten in can is ridiculous. I hope to God I'm reading this wrong.

My husband's last re-enlistment involved the gracious military gift of a coffee mug. A freaking coffee mug. Please tell me we get the transfer of the GI Bill. I've stuck by him for 18 years. Can't I get some smartz, too? I know it's not a coffee mug, but it would be nice.

Ugh.

[daphne]

My husband is due to retire in May of 2010 with a full twenty in. I have not had the time to attend school until now. Currently, I've got a 4.0 for computer forensics at an online college. Does this mean that after twenty years we're out of luck? I've ready comments that state two things at once, and I just want an answer.

If it's a no, bullocks. Why any soldier who's almost got twenty in can't have his GI Bill for his family but someone who has ten in can is ridiculous. I hope to God I'm reading this wrong.

My husband's last re-enlistment involved the gracious military gift of a coffee mug. A freaking coffee mug. Please tell me we get the transfer of the GI Bill. I've stuck by him for 18 years. Can't I get some smartz, too? I know it's not a coffee mug, but it would be nice.

Ugh.

[daphne]

My husband is due to retire in May of 2010 with a full twenty in. I have not had the time to attend school until now. Currently, I've got a 4.0 for computer forensics at an online college. Does this mean that after twenty years we're out of luck? I've ready comments that state two things at once, and I just want an answer.

If it's a no, bullocks. Why any soldier who's almost got twenty in can't have his GI Bill for his family but someone who has ten in can is ridiculous. I hope to God I'm reading this wrong.

My husband's last re-enlistment involved the gracious military gift of a coffee mug. A freaking coffee mug. Please tell me we get the transfer of the GI Bill. I've stuck by him for 18 years. Can't I get some smartz, too? I know it's not a coffee mug, but it would be nice.

Ugh.

[Tom Dalpini]

I am a Navy Reserve Captain with more than one year of active duty since 9/11/2001 (so I'm eligible for the Post 9/11 GI Bill at the 60% rate), but on Aug 1, 2009 (i.e., the date that the Post 9/11 GI Bill can be transferred to one's dependents), I will have just over 26 years of service. And since I can only stay til the 30 year point, I will not be able to meet the one eligibility requirement that says I must stay four more years. Are there any ways to get around that requirement for people having less than four years of service remaining?

Tom - Here is a link which may help explain the DoD's policy on Transferability for Retirees: http://military-education.military.com/2009/01/new-info-on-gi-bill-transferability.html

[Charlie]

Bad, Bad Idea! This give the VA license to take the narrowest possible view concerning who is covered, and how. Traditionally, the VA has instituted "rules" that restrict benefits to a smaller number of veterans, thus evading the written intent of congress.

"Leaving the VA to try fill the gaps as best they could"

[Donald Ward]

On line school is no option at times in continuing education. I have 9 classes left to receive my bachelor degree through Embry Riddle Aeronautical University using the Seymour Johnson Satellite center. In order for me to finish my Professional Aeronautics degree I don't have a choice but to take some online courses due to availability of classes offered. The BAH will definitely help me get to my goal while providing for my family.

[Me]

Veterans who are taking classes online should be able to recieve bah. They served just like all other service member, and once they returned home, their options of returning to school may have been limited to distance learning. I think the people that are designing this new to bill should take that into cosideration. Set a standard rate like it is got students studying abroad.