- 25 - that inclines us to classify them as benefits along with other payments, such as education, training, and subsistence allowances (including work-study allowances, see 38 U.S.C. sec. 3537), that are tax-exempt on account of 38 U.S.C. section 5301(a) (2000).7 Before we reach a final conclusion, however, we look to additional interpretative guidance available to us. G. VA Op. Gen. Couns. Prec. 64-90 The VA is the agency charged with the interpretation and administration of laws pertaining to veterans’ benefits. The general counsel of the VA may issue a written legal opinion (a General Counsel Precedent Opinion) involving veterans’ benefits under laws administered by the VA that is conclusive as to all VA officials and employees with respect to the matter at issue.8 VA 7 In IRS Pub. 525, Taxable and Nontaxable Income 14 (2006), the Service includes among a description of nontaxable veterans’ benefits “[e]ducation, training, and subsistence allowances”. 8 See 38 C.F.R. sec. 14.507(b), providing: A written legal opinion of the General Counsel involving veterans’ benefits under laws administered by the Department of Veterans Affairs which, in the judgment of the General Counsel or the Deputy General Counsel acting as or for the General Counsel, necessitates regulatory change, interprets a statute or regulation as a matter of first impression, clarifies or modifies a prior opinion, or is otherwise of significance beyond the matter at issue, may be designated a “precedent opinion” for purposes of such benefits. Written legal opinions designated as precedent opinions under this section shall be considered by Department of Veterans Affairs to be subject to the provisions of 5 U.S.C. 552(a)(1). An (continued...)Page: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 NextLast modified: November 10, 2007