Title 38, Veterans' BenefitsRelease 119-102
§3685 Overpayments to Eligible Persons or Veterans
Title 38 › PART III — READJUSTMENT AND RELATED BENEFITS › CHAPTER 36 — ADMINISTRATION OF EDUCATIONAL BENEFITS › SUBCHAPTER III — MISCELLANEOUS PROVISIONS › § 3685
Summary
The Secretary treats any extra payment of education benefits as a debt the veteran or eligible person owes to the United States. If the extra payment happened because a school willfully or negligently failed to report excessive absences, stopped or interrupted a course, or falsely certified a student, or because the benefit was paid to the school under sections 3313(h), 3317, 3680(d), or 3320(d), the school can be held responsible for the overpayment. These overpayments can be collected like other federal debts, except as limited by the last sentence of section 3684(c). The VA may waive a veteran’s overpayment under section 5302, but that does not remove a school’s liability. Money collected from a veteran must be used to reimburse a liable school to the extent the school was charged. This section does not prevent civil or criminal charges and does not require colleges to keep daily attendance records for standard degree courses.
Full Legal Text
Title 38, §3685
Veterans' Benefits, Source: USLM XML via OLRC
(a)Whenever the Secretary finds that an overpayment has been made to a veteran or eligible person relating to educational assistance under a law administered by the Secretary, the amount of such overpayment shall constitute a liability of such veteran or eligible person to the United States.
(b)Any overpayment to a veteran or eligible person with respect to pursuit by the veteran or eligible person of a program of education at an educational institution shall constitute a liability of the educational institution to the United States if—
(1)the Secretary finds that the overpayment has been made as the result of—
(A)the willful or negligent failure of an educational institution to report, as required under this chapter or chapter 34 or 35 of this title, to the Department of Veterans Affairs excessive absences from a course, or discontinuance or interruption of a course by the veteran or eligible person; or
(B)the willful or negligent false certification by an educational institution; or
(2)the benefit payment sent to an educational institution on behalf of an eligible veteran or person is made pursuant to—
(A)section 3313(h) of this title;
(B)section 3317 of this title; or
(C)section 3680(d) of this title; or
(D)section 3320(d) of this title.
(c)Any overpayment referred to in subsection (a) or (b) of this section may be recovered, except as otherwise provided in the last sentence of section 3684(c) of this title, in the same manner as any other debt due the United States.
(d)Any overpayment referred to in subsection (a) or (b) of this section may be waived as to a veteran or eligible person as provided in section 5302 of this title. Waiver of any such overpayment as to a veteran or eligible person shall in no way release any educational institution from liability under subsection (b) of this section.
(e)(1)Any amount collected from a veteran or eligible person pursuant to this section shall be reimbursed to the educational institution which is liable pursuant to subsection (b) of this section to the extent that collection was made from the educational institution.
(2)Nothing in this section or any other provision of this title shall be construed as (A) precluding the imposition of any civil or criminal liability under this title or any other law, or (B) requiring any institution of higher learning to maintain daily attendance records for any course leading to a standard college degree.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Prior Provisions
Provisions similar to those comprising this section were contained in Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1191, 1202, which was classified to former section 1666 and 1766 of this title, prior to repeal by section 4(a) and 3(a)(3) of Pub. L. 89–358, respectively.
Amendments
2021—Subsec. (a). Pub. L. 116–315, § 1019(b), inserted “relating to educational assistance under a law administered by the Secretary” after “made to a veteran or eligible person”. Subsec. (b). Pub. L. 116–315, § 1019(a), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “Whenever the Secretary finds that an overpayment has been made to a veteran or eligible person as the result of (1) the willful or negligent failure of an educational institution to report, as required under this chapter or chapter 34 or 35 of this title, to the Department of Veterans Affairs excessive absences from a course, or discontinuance or interruption of a course by the veteran or eligible person, or (2) the willful or negligent false certification by an educational institution, the amount of such overpayment shall constitute a liability of the educational institution to the United States.” 1991—Pub. L. 102–83, § 5(a), renumbered section 1785 of this title as this section. Subsec. (c). Pub. L. 102–83, § 5(c)(1), substituted “3684(c)” for “1784(c)”. Subsec. (d). Pub. L. 102–40 substituted “5302” for “3102”. 1989—Subsecs. (a), (b). Pub. L. 101–237 substituted “Secretary” and “Department of Veterans Affairs” for “Administrator” and “Veterans’ Administration”, respectively, wherever appearing. 1980—Pub. L. 96–466 designated existing provisions as subsecs. (b), (c), and (e), with minor changes in language, and added subsecs. (a) and (d). 1977—Pub. L. 95–202 inserted “, except as otherwise provided in section 1784(b) of this title,” after “recovered” in first sentence, and inserted last sentence providing that nothing in this section or any other provision of this title shall be construed as requiring any institution of higher learning to maintain daily attendance for any course leading to a standard college degree. 1972—Pub. L. 92–540 inserted “this chapter or” before “chapter 34 or 35”.
Statutory Notes and Related Subsidiaries
Effective Date
of 1980 AmendmentAmendment by Pub. L. 96–466 effective Oct. 1, 1980, except as otherwise specifically provided, see section 802(c) of Pub. L. 96–466, set out as a note under section 3452 of this title.
Effective Date
of 1977 AmendmentAmendment by Pub. L. 95–202 effective Nov. 23, 1977, see section 501 of Pub. L. 95–202, set out as a note under section 101 of this title.
Reference
Citations & Metadata
Citation
38 U.S.C. § 3685
Title 38, Veterans' Benefits
Last Updated
Aug 21, 2026
Release point: 119-102