What are mitigating circumstances?

Answer ID 403   |    Published 07/06/2004 01:30 PM   |    Updated 11/06/2018 09:24 AM

If a student drops a course or withdraws from school after the drop period and receives a non punitive grade, VA will reduce benefits effective the first day of the term unless mitigating circumstances are found. Mitigating circumstances are circumstances beyond the student's control that prevent the student from continuing in school or that cause the student to reduce credits.

Examples are:

  • An illness or injury afflicting the student during the enrollment period.
  • An illness or death in the student’s immediate family.
  • An unavoidable change in the student’s conditions of employment.
  • An unavoidable geographical transfer resulting from the student’s employment.
  • Immediate family or financial obligations beyond the control of the claimant that require him or her to suspend pursuit of the program of education to obtain employment.
  • Discontinuance of the course by the school.
  • Unanticipated active military service, including active duty for training.
  • Unanticipated difficulties with childcare arrangements the student has made for the period during which he or she is attending classes.

When a student terminates or reduces after the drop period and a non punitive grade is assigned, mitigating circumstances are an issue. If mitigating circumstances are needed and adequate evidence of mitigating circumstances is not received with the Notice of Change in Student Status; VA will not pay for the course or courses in question.

If the student has already been paid for the course or courses, VA will create an overpayment (subject to the 6-credit hour exclusion) from the beginning of the term, quarter, or semester. If you know what the student’s mitigating circumstance is, concisely describe the circumstance in remarks.

For example, you might enter: “Student withdrew 5/6/11 following Father’s death on 4/30/11.” Submitting the reason for the reduction or withdrawal at the time the change is reported will help the student avoid or reduce an overpayment if the change is for an acceptable reason.