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| Home >> VA Claims Resources >> VA Claims >> VA General Counsel Precedent Opinions |
VA General Counsel Precedent Opinions |
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PREC 17-94 Conflicting Interests (38 U.S.C. § 3683, 38 C.F.R. § 21.4005)
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PREC 17-94 Conflicting Interests (38 U.S.C. § 3683, 38 C.F.R. § 21.4005) Citation: Vet. Aff. Op. Gen Couns. Prec. 17-94, VAOPGCPREC 17-94, 1994 QUESTION PRESENTED: May a supervisor for a State Approving Agency (SAA) enroll in and pursue training at a for-profit flight school in a course approved for training under a VA administered education benefits program? HELD: 1. An SAA officer or employee will be considered to have received "services" from a for-profit educational institution within the meaning of section 3683 of title 38, United States Code, when the individual receives instruction in a course approved for VA purposes at that institution, even though the official or employee is enrolled in and pursuing the course on the same basis as similarly circumstanced students not so employed. 2. A waiver may be granted by the Director, Education Service, or by the Secretary, pursuant to 38 C.F.R. § 21.4005, when the facts show no detriment to the United States, veterans, or eligible persons will ensue from the receipt of such services by the SAA officer or employee. |
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