Veterans Benefits

Veterans Benefits

Veterans Benefit Information

Most programs and courses of instruction at the college are approved for veterans benefits. Persons who are eligible for veterans educational assistance should contact their local Veterans Administration office or the college Veterans Affairs Office and secure the forms needed to apply for educational assistance. Any veteran wishing to receive benefits must be officially accepted by the college into an approved program. Once veterans are accepted in a program of study, they are allowed to take required courses and electives as outlined in the catalog. Prior approval from the student’s faculty advisor is required to substitute other courses for required courses. Each veteran or veteran’s dependent in a degree, certificate, or diploma program must report withdrawals and/or class drops to the Veterans Affairs Office.

Military (Department of Veterans Affairs) Delayed Payment Policy

This policy documents compliance with the Veterans Benefits and Transition Act of 2018, section 3679 of Title 38 of the United States Code.

A covered individual is any individual who is entitled to educational assistance under chapter 31, Vocational Rehabilitation and Employment, or chapter 33, Post-9/11 GI Bill benefits, or chapter 35, Dependents Education Assistance.

Southside Virginia Community College requires all covered individuals to submit an online request of certification of their enrollment each semester for which they plan to use their Chapter 30, 31, 33, 35, 1606, or 1607 entitlement benefits. The Certification Request for Veterans Affairs (VA) Educational Benefits must be submitted no later than the last day to drop and receive a refund for the respective semester.

Any covered individual will be permitted to attend or participate in a course of education during the period beginning on the date on which the individual provides to Southside Virginia Community College a Certificate of Eligibility for entitlement to educational assistance under Chapter 31, 33, or 35 (a “certificate of eligibility” can also include a Statement of Benefits obtained from the Department of Veterans Affairs (VA) website, eBenefits, or a VAF 28-1905 form for Chapter 31 authorization purposes) and ending on the earlier of the following dates:

1. The date on which payment from VA is made to Southside Virginia Community College

2. 90 days after the date Southside Virginia Community College certified tuition and fees following the receipt of the certificate of eligibility.

Due to the delayed disbursement of funding from the VA under Chapter 31, 33, or 35, Southside Virginia Community College will not assess a late penalty fee, deny access to classes, libraries, or other institutional facilities, or require a covered individual to borrow additional funds because of the individual’s inability to meet his or her financial obligations to Southside Virginia Community College for the VA delay.

Southside Virginia Community College reserves the right to follow normal collection procedures for any difference between the amount of a covered individual’s financial obligation and the amount of the VA education benefit disbursement.

Eligibility for In State Tuition: Veterans

In December 2016, Congress passed Public Law 114-315, which modifies 38 U.S.C. 3679(c) of the Veterans Choice Act of 2014. As amended, 38 U.S.C. 3679(c) requires that The following individuals shall be charged the in-state rate, or otherwise considered a resident, for tuition purposes:

• A veteran using educational assistance under either Chapter 30 (Montgomery G.I. Bill® – Active Duty Program) or Chapter 33 (Post-9/11 G.I. Bill), of Title 38, United States Code, who lives in the Commonwealth of Virginia while attending a school located in the Commonwealth of Virginia (regardless of their formal state of residence).
• Anyone using transferred Post-9/11 GI Bill benefits who lives in the state where the IHL is located, and the transferor is a member of the uniformed service serving on active duty.
• A spouse or child using benefits under the Marine Gunnery Sergeant John David Fry Scholarship (38 U.S.C. § 3311(b)(9) who lives in the Commonwealth of Virginia while attending a school located in the Commonwealth of Virginia (regardless of their formal state of residence).
• A spouse or child using benefits under Survivors’ and Dependents’ Education Assistance (Chapter 35) living in the Commonwealth of Virginia while attending a school located in the Commonwealth of Virginia (regardless of their formal state of residence).
• An individual using educational assistance under chapter 31, Veteran Readiness and Employment (VR&E) who lives in the Commonwealth of Virginia while attending a school located in the Commonwealth of Virginia (regardless of their formal state of residence) effective for courses, semesters, or terms beginning after March 1, 2019.
• Anyone described above remains continuously enrolled (other than during regularly scheduled breaks between courses, semesters, or terms) at the same institution. Therefore, the described person must be enrolled in the institution and use educational benefits under Chapters 30, 31, 33 or 35 of Title 38, United States Code.

GI Bill® is a registered trademark of the U.S Department of Veterans Affairs (VA). More information about education benefits offered by VA is available at the official U.S. government Website at http://www.benefis.va.gov/gibill.

Waived Tuition-Survivors of Certain Veterans

Section 23-7.1 of the Code of Virginia provides that free tuition shall be granted to children of permanently disabled or deceased veterans of armed forces of the United States to state-supported institutions of secondary grade or college level.

Eligibility of such children shall be determined by the Division of War Veterans Claims, which shall verify in writing to the admitting institution that tuition should be waived in accordance with the provisions of Section 23-7.1. To apply, visit the Virginia Department of Veterans Services webpage (https://www.dvs.virginia.gov/education-employment/virginia-military-survivors-and-dependents-education-program-2-2-2). A letter of certification from the State Division of War Veterans Claims must be presented to the Veterans Affairs Coordinator at the time of registration before the tuition can be waived. The VA administers several programs under the GI Bill for veterans, active duty personnel, Reserve and National Guard, as well as qualified dependents of veterans. 

Refunding Tuition and Fees Following a Withdraw Due to Covered Service

PL 117-328 Section 216 (enacted on December 29, 2022), which established Title 38 U.S.C. §3691A, provides actions a school shall and shall not take when a covered member withdraws or takes a leave of absence from covered education resulting from the requirement to perform covered service. 

This statute defines who is covered, what types of education is covered, and what military service is covered as the following:  

1. Covered Member - a member of the Armed Forces (including reserve components) enrolled in Covered Education
2. Covered Education - a course of education at an institution of higher learning and paid for with educational assistance furnished under a law administered by VA
3. Covered Service - active-duty service or inactive-duty training as defined in Title 10 U.S.C. §101 or state active-duty as defined by Title 38 U.S.C. §4303 

In other words, 38 U.S.C. §3691A stipulates actions a school must and must not take when a member of the Armed Forces either withdraws or takes a leave of absence from a course of education if the following three conditions are all met:   

1. The course of education is at an institution of higher learning
2. The course of education is paid for with assistance furnished by VA (either directly to the institution or indirectly through the student),
3. The withdraw or leave of absence is because the student is required to perform service described in Title 10 U.S.C. §101 or Title 38 U.S.C. §4303 

Additionally, Title 38 U.S.C. §3691A addresses instances when a covered member decides to either withdraw or take leave of absence due to covered service in 38 U.S.C. §§3691A(b) and 3691A(c) respectively.   

Specifically, 38 USC §3691A(b) provides that if the member of the Armed Forces withdraws from covered education after receiving orders to enter a period of covered service, the institution concerned shall refund all tuition and fees (including payments for housing) for the academic term in which the covered member withdraws.

VA makes a plain language interpretation of 38 USC §3691A(b).  If a covered member withdraws from covered education due to receiving orders to perform covered service, the institution shall refund all tuition and fees including payments for housing for the academic term leading to the following conclusions:  

1. Tuition and fees paid by the student should be refunded to the student.
2. Tuition and fees paid by VA on behalf of the student should be returned to VA.
3. Tuition and fees paid by another entity: the educational institution will coordinate proper disposition of the funds with the third-party entity and return of funds will be handled in whatever manner the third-party and the institution determine to be appropriate.   

Furthermore, VA interprets that the housing payments described in 38 U.S.C. §3691A(b) are not the monthly housing allowance stipends provided by the Post 9/11 GI Bill.  Rather, these are payments made for housing, such as dormitory charges or fees.   

Section 1015 of Public Law 116-315 and approval requirements for accredited institutions under 38 U.S.C. § 3672 and 38 U.S.C. § 3675. 

Chapter 36 of title 38 U.S.C. §§ 3672(b)(2)(A) and 3675(b)(4) requires accredited institutions to be eligible for and participate in the Federal Student Aid program under title IV of the Higher Education Act of 1965 (HEA) to be eligible to receive GI Bill® funds. To provide VA’s interpretation of the approval requirement for an accredited educational institution to be approved for, and participate in, a program under title IV of the (HEA).

Department of Education (D) regulation, Title 34 Code of Federal Regulation (CFR) § 668.14(a)(1) states: An institution may participate in any title IV, HEA program, other than the [Leveraging Educational Assistance Partnership (LEAP)] and [National Early Intervention Scholarship and Partnership (NEISP)] programs, only if the institution enters into a written program participation agreement with the Secretary [of Education], on a form approved by the Secretary [of Education]. A program participation agreement conditions the initial and continued participation of an eligible institution in any title IV, HEA program upon compliance with the provisions of this part, the individual program regulations, and any additional conditions specified in the program participation agreement that the Secretary [of Education] requires the institution to meet. 

As expressly stated above, a program participation agreement is a requirement for an institution to participate in any title IV program. Aligned with these ED participation guidelines, VA considers a program participation agreement a requirement to prove an institution is approved for title IV and participates in a program under title IV.  For State Approving Agency approval purposes, VA will accept a copy of the participation agreement or a snapshot of OPEID number and school name from the Department of Education website as evidence of Title IV.  

NOTE: Institutions that only process education loan deferments do not enter into a program participation agreement with the Department of Education.  Therefore, these institutions are not considered to be eligible for and participate in a program under Title IV.