38 CFR § 21.350 - Unauthorized absences.

---
identifier: "/us/cfr/t38/s21.350"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "38 CFR § 21.350 - Unauthorized absences."
title_number: 38
title_name: "Pensions, Bonuses, and Veterans' Relief"
section_number: "21.350"
section_name: "Unauthorized absences."
chapter_name: "DEPARTMENT OF VETERANS AFFAIRS"
part_number: "21"
part_name: "VETERAN READINESS AND EMPLOYMENT AND EDUCATION"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
cfr_part: "21"
---


# 21.350 Unauthorized absences.

A veteran who is unable to obtain an authorized leave of absence in advance may seek to have the unauthorized absence excused.

(a) *Excusing unauthorized absences.* VA may excuse an unauthorized absence and make proper charges against the veteran's leave when:

(1) The veteran has absented himself or herself when advance approval from VA is impracticable; and

(2) Conditions for approval of leave are otherwise met.

(b) *Unexcused, unauthorized absences.* When an unauthorized absence is not satisfactorily explained, VA will take necessary action, including recoupment of subsistence allowance for that period of absence.

(Authority: 38 U.S.C. 3110)