38 CFR § 21.5134 - Restrictions on paying benefits to servicepersons.

---
identifier: "/us/cfr/t38/s21.5134"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "38 CFR § 21.5134 - Restrictions on paying benefits to servicepersons."
title_number: 38
title_name: "Pensions, Bonuses, and Veterans' Relief"
section_number: "21.5134"
section_name: "Restrictions on paying benefits to servicepersons."
chapter_name: "DEPARTMENT OF VETERANS AFFAIRS"
part_number: "21"
part_name: "VETERAN READINESS AND EMPLOYMENT AND EDUCATION"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
cfr_part: "21"
---


# 21.5134 Restrictions on paying benefits to servicepersons.

The Department of Veterans Affairs may not pay benefits to a serviceperson (other than one enrolled in a course, courses or a program of education leading to a secondary school diploma or an equivalency certificate) unless he or she:

(a) Has completed 3 months of contributions to the fund or has made a lump-sum payment which is the equivalent of at least 3 months of contributions to the fund;

(b) Has agreed either to have a monthly deduction from his or her military pay, or has made a lump-sum contribution to the fund, or both, so that the 12 months participation requirement of § 21.5052(a) of this part will be met; and

(c) Is serving on active duty in an enlistment period subsequent to the initial period of active duty defined in § 21.5040(b)(3) of this part.

(Authority: 38 U.S.C. 3221, 3231, Pub. L. 94-502)

[45 FR 31, Jan. 2, 1980, as amended at 47 FR 51746, Nov. 17, 1982; 54 FR 49977, Dec. 4, 1989]