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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 1-2006 Qualifying Service under 38 USC §§ 3011 and 3012, and resulting Delimiting Date
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PREC 1-2006 Qualifying Service under 38 USC §§ 3011 and 3012, and resulting Delimiting Date Citation: Vet. Aff. Op. Gen Couns. Prec. 1-2006, VAOPGCPREC 1-2006, 2006
QUESTION PRESENTED: You requested our opinion regarding the proper delimiting date under 38 U.S.C. § 3031 for a veteran who qualifies for education benefits under the Montgomery GI Bill (MGIB) by serving at least three years on active duty followed by at least four years in the Selected Reserve. HELD: In a case where a veteran meets the eligibility requirements for Chapter 30 MGIB education benefits under both 38 U.S.C. §§ 3011 and 3012, the veteran has the right to claim entitlement under whichever of such sections is most advantageous to the veteran. This includes choosing to become entitled under section 3012 when that affords a later delimiting date for using those benefits pursuant to 38 U.S.C. § 3031(a)(1). |
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