
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-419 Section 112]
[Document affected by Public Law 106-419 Section 114(b)]
[Document affected by Public Law 107-103 Section 103(b)]
[Document affected by Public Law 107-103 Section 108(b)(2)]
[Document affected by Public Law 107-103 Section 108(c)(2),]
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[CITE: 38USC3512]

 
                      TITLE 38--VETERANS' BENEFITS
 
               PART III--READJUSTMENT AND RELATED BENEFITS
 
      CHAPTER 35--SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE
 
               SUBCHAPTER II--ELIGIBILITY AND ENTITLEMENT
 
Sec. 3512. Periods of eligibility

    (a) The educational assistance to which an eligible person (within 
the meaning of section 3501(a)(1)(A) of this title) is entitled under 
section 3511 of this title or subchapter V of this chapter may be 
afforded the person during the period beginning on the person's 
eighteenth birthday, or on the successful completion of the person's 
secondary schooling, whichever first occurs, and ending on the person's 
twenty-sixth birthday, except that--
        (1) if the person is above the age of compulsory school 
    attendance under applicable State law, and the Secretary determines 
    that the person's best interests will be served thereby, such period 
    may begin before the person's eighteenth birthday;
        (2) if the person has a mental or physical handicap, and the 
    Secretary determines that the person's best interests will be served 
    by pursuing a program of special restorative training or a 
    specialized course of vocational training approved under section 
    3536 of this title, such period may begin before the person's 
    eighteenth birthday, but not before the person's fourteenth 
    birthday;
        (3) if the Secretary first finds that the parent from whom 
    eligibility is derived has a service-connected total disability 
    permanent in nature, or if the death of the parent from whom 
    eligibility is derived occurs, after the eligible person's 
    eighteenth birthday but before the person's twenty-sixth birthday, 
    then (unless paragraph (4) applies) such period shall end 8 years 
    after, whichever date last occurs: (A) the date on which the 
    Secretary first finds that the parent from whom eligibility is 
    derived has a service-connected total disability permanent in 
    nature, or (B) the date of death of the parent from whom eligibility 
    is derived;
        (4) if the person serves on duty with the Armed Forces as an 
    eligible person after the person's eighteenth birthday but before 
    the person's twenty-sixth birthday, then such period shall end 8 
    years after the person's first discharge or release from such duty 
    with the Armed Forces (excluding from such 8 years all periods 
    during which the eligible person served on active duty before August 
    1, 1962, pursuant to (A) a call or order thereto issued to the 
    person as a Reserve after July 30, 1961, or (B) an extension of 
    enlistment, appointment, or period of duty with the Armed Forces 
    pursuant to section 2 of Public Law 87-117); however, in no event 
    shall such period be extended beyond the person's thirty-first 
    birthday by reason of this paragraph;
        (5) if the person becomes eligible by reason of the provisions 
    of section 3501(a)(1)(A)(iii) of this title after the person's 
    eighteenth birthday but before the person's twenty-sixth birthday, 
    then (unless clause (4) of this subsection applies) such period 
    shall end eight years after the date on which the person becomes 
    eligible by reason of such provisions, but in no event shall such 
    period be extended beyond the person's thirty-first birthday by 
    reason of this clause; and
        (6)(A) if such person is enrolled in an educational institution 
    regularly operated on the quarter or semester system and such period 
    ends during a quarter or semester, such period shall be extended to 
    the end of the quarter or semester; or
        (B) if such person is enrolled in an educational institution 
    operated on other than a quarter or semester system and such period 
    ends after a major portion of the course is completed, such period 
    shall be extended to the end of the course, or until 12 weeks have 
    expired, whichever first occurs.

    (b)(1) No person made eligible by section 3501(a)(1)(B) or (D) of 
this title may be afforded educational assistance under this chapter 
beyond 10 years after whichever of the following last occurs:
        (A) The date on which the Secretary first finds the spouse from 
    whom eligibility is derived has a service-connected total disability 
    permanent in nature.
        (B) The date of death of the spouse from whom eligibility is 
    derived who dies while a total disability evaluated as permanent in 
    nature was in existence.
        (C) The date on which the Secretary determines that the spouse 
    from whom eligibility is derived died of a service-connected 
    disability.

    (2) Notwithstanding the provisions of paragraph (1) of this 
subsection, in the case of any eligible person (as defined in section 
3501(a)(1)(B), (C), or (D) of this title) who was prevented from 
initiating or completing such person's chosen program of education 
within such period because of a physical or mental disability which was 
not the result of such person's own willful misconduct, such person 
shall, upon application made within one year after (A) the last date of 
the delimiting period otherwise applicable under this section, (B) the 
termination of the period of mental or physical disability, or (C) 
October 1, 1980, whichever is the latest, be granted an extension of the 
applicable delimiting period for such length of time as the Secretary 
determines, from the evidence, that such person was so prevented from 
initiating or completing such program of education. When an extension of 
the applicable delimiting period is granted under the exception in the 
preceding sentence, the delimiting period will again begin running on 
the first day following such eligible person's recovery from such 
disability on which it is reasonably feasible, as determined in 
accordance with regulations which the Secretary shall prescribe, for 
such eligible person to initiate or resume pursuit of a program of 
education with educational assistance under this chapter.
    (3)(A) Notwithstanding the provisions of paragraph (1) of this 
subsection, any eligible person (as defined in clause (B) or (D) of 
section 3501(a)(1) of this title) may, subject to the approval of the 
Secretary, be permitted to elect a date referred to in subparagraph (B) 
of this paragraph to commence receiving educational assistance benefits 
under this chapter. The date so elected shall be the beginning date of 
the delimiting period applicable to such person under this section.
    (B) The date which an eligible person may elect under subparagraph 
(A) of this paragraph is any date during the period beginning on the 
date the person became an eligible person within the meaning of clause 
(B) or (D) of section 3501(a)(1) of this title and ending on the date 
determined under subparagraph (A), (B), or (C) of paragraph (1) of this 
subsection to be applicable to such person.
    (c) Notwithstanding the provisions of subsection (a) of this 
section, an eligible person may be afforded educational assistance 
beyond the age limitation applicable to such person under such 
subsection if (1) such person suspends pursuit of such person's program 
of education after having enrolled in such program within the time 
period applicable to such person under such subsection, (2) such person 
is unable to complete such program after the period of suspension and 
before attaining the age limitation applicable to such person under such 
subsection, and (3) the Secretary finds that the suspension was due to 
conditions beyond the control of such person; but in no event shall 
educational assistance be afforded such person by reason of this 
subsection beyond the age limitation applicable to such person under 
subsection (a) of this section plus a period of time equal to the period 
such person was required to suspend the pursuit of such person's 
program, or beyond such person's thirty-first birthday, whichever is 
earlier.
    (d) The term ``first finds'' as used in this section means the 
effective date of the rating or date of notification to the veteran from 
whom eligibility is derived establishing a service-connected total 
disability permanent in nature whichever is more advantageous to the 
eligible person.
    (e) No person made eligible by section 3501(a)(1)(C) of this title 
may be afforded educational assistance under this chapter beyond 10 
years after the date on which the spouse was listed by the Secretary 
concerned in one of the categories referred to in such section or 
December 24, 1970, whichever last occurs.
    (f) Any eligible person (as defined in section 3501(a)(1)(B), (C), 
or (D) of this chapter) shall be entitled to an additional period of 
eligibility for an education loan under subchapter III of chapter 36 of 
this title beyond the maximum period provided for in this section 
pursuant to the same terms and conditions set forth with respect to an 
eligible veteran in section 3462(a)(2) of this title.
    (g) Any entitlement used by any eligible person as a result of 
eligibility under the provisions of section 3501(a)(1)(A)(iii) or 
3501(a)(1)(C) of this title shall be deducted from any entitlement to 
which such person may subsequently become entitled under the provisions 
of this chapter.

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1194, Sec. 1712; Pub. L. 87-
815, Sec. 2(a), Oct. 15, 1962, 76 Stat. 926; Pub. L. 87-819, Sec. 2, 
Oct. 15, 1962, 76 Stat. 935; Pub. L. 88-361, Sec. 3, July 7, 1964, 78 
Stat. 297; Pub. L. 90-77, title III, Sec. 307(a), Aug. 31, 1967, 81 
Stat. 189; Pub. L. 90-631, Sec. 2(e), Oct. 23, 1968, 82 Stat. 1333; Pub. 
L. 91-219, title II, Sec. 208, Mar. 26, 1970, 84 Stat. 83; Pub. L. 91-
584, Sec. 3, Dec. 24, 1970, 84 Stat. 1575; Pub. L. 92-540, title IV, 
Sec. 402(1), Oct. 24, 1972, 86 Stat. 1090; Pub. L. 93-337, Sec. 2, July 
10, 1974, 88 Stat. 292; Pub. L. 94-502, title III, Secs. 304, 310(7)-
(9), Oct. 15, 1976, 90 Stat. 2390, 2391; Pub. L. 95-202, title II, 
Sec. 203(a)(2), (b)(2), Nov. 23, 1977, 91 Stat. 1439, 1440; Pub. L. 96-
466, title III, Secs. 321, 322, Oct. 17, 1980, 94 Stat. 2195; Pub. L. 
97-66, title VI, Sec. 605(a), Oct. 17, 1981, 95 Stat. 1036; Pub. L. 97-
295, Sec. 4(44), Oct. 12, 1982, 96 Stat. 1308; Pub. L. 98-160, title 
VII, Sec. 702(13), Nov. 21, 1983, 97 Stat. 1009; Pub. L. 99-576, title 
III, Sec. 313, Oct. 28, 1986, 100 Stat. 3273; Pub. L. 101-237, title IV, 
Sec. 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered Sec. 3512 
and amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 
406.)

                       References in Text

    Section 2 of Public Law 87-117 [75 Stat. 242], referred to in 
subsec. (a)(4), was set out as a note under former section 263 of Title 
10, Armed Forces.


                               Amendments

    1991--Pub. L. 102-83, Sec. 5(a), renumbered section 1712 of this 
title as this section.
    Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted 
``3501(a)(1)(A)'' for ``1701(a)(1)(A)'' and ``3511'' for ``1711'' in 
introductory provisions, ``3536'' for ``1736'' in par. (2), and 
``3501(a)(1)(A)(iii)'' for ``1701(a)(1)(A)(iii)'' in par. (5).
    Subsec. (b). Pub. L. 102-83, Sec. 5(c)(1), substituted 
``3501(a)(1)(B)'' for ``1701(a)(1)(B)'' in pars. (1) and (2) and 
``3501(a)(1)'' for ``1701(a)(1)'' in par. (3)(A) and (B).
    Subsec. (e). Pub. L. 102-83, Sec. 5(c)(1), substituted 
``3501(a)(1)(C)'' for ``1701(a)(1)(C)''.
    Subsec. (f). Pub. L. 102-83, Sec. 5(c)(1), substituted 
``3501(a)(1)(B)'' for ``1701(a)(1)(B)'' and ``3462(a)(2)'' for 
``1662(a)(2)''.
    Subsec. (g). Pub. L. 102-83, Sec. 5(c)(1), substituted 
``3501(a)(1)(A)(iii) or 3501(a)(1)(C)'' for ``1701(a)(1)(A)(iii) or 
1701(a)(1)(C)''.
    1989--Subsecs. (a)(1) to (3), (b)(1)(A), (C), (2), (3)(A), (c). Pub. 
L. 101-237 substituted ``Secretary'' for ``Administrator'' wherever 
appearing.
    1986--Subsec. (b)(3). Pub. L. 99-576 added par. (3).
    1983--Subsec. (b)(2)(C). Pub. L. 98-160 substituted ``October 1, 
1980'' for ``the effective date of the Veterans' Rehabilitation and 
Education Amendments of 1980''.
    1982--Subsec. (a). Pub. L. 97-295, Sec. 4(44)(A), inserted ``of this 
title'' after ``section 1701(a)(1)(A)'', and inserted a colon after 
``last occurs'' in cl. (3).
    Subsec. (b). Pub. L. 97-295, Sec. 4(44)(B), substituted ``of this 
title'' for ``of this chapter'' wherever appearing.
    Subsec. (e). Pub. L. 97-295, Sec. 4(44)(C), substituted ``December 
24, 1970'' for ``the date of enactment of this subsection''.
    1981--Subsec. (b)(1). Pub. L. 97-66 substituted ``after whichever of 
the following last occurs'' for ``after whichever last occurs'' in the 
provisions preceding subpar. (A), ``The date'' for ``the date'' and 
``permanent in nature.'' for ``permanent in nature, or;'' in subpar. 
(A), and ``The date of death of the spouse from whom eligibility is 
derived who dies while a total disability evaluated as permanent in 
nature was in existence'' for ``the date of death of the spouse from 
whom eligibility is derived'' in subpar. (B), and added subpar. (C).
    1980--Subsec. (a)(5), (6). Pub. L. 96-466, Sec. 321, added cl. (5) 
and redesignated former cl. (5) as (6).
    Subsec. (b)(2). Pub. L. 96-466, Sec. 322, inserted ``made within one 
year after (A) the last date of the delimiting period otherwise 
applicable under this section, (B) the termination of the period of 
mental or physical disability, or (C) the effective date of the 
Veterans' Rehabilitation and Education Amendments of 1980, whichever is 
the latest'' after ``application'', inserted ``so'' after ``that such 
veteran was'', and inserted provision relating to the running of the 
delimiting period when an extension of the applicable delimiting period 
is granted an eligible person.
    1977--Subsec. (b). Pub. L. 95-202, Sec. 203(a)(2), designated 
existing provisions as par. (1) and former cls. (1) and (2) thereof as 
cls. (A) and (B), and added par. (2).
    Subsecs. (f), (g). Pub. L. 95-202, Sec. 203(b)(2), added subsec. (f) 
and redesignated former subsec. (f) as (g).
    1976--Subsec. (a). Pub. L. 94-502, Secs. 304(1), (2), 310(7), 
substituted ``the person'' for ``he'' and ``him'' and ``the person's'' 
for ``his'' respectively, in the provision preceding cl. (1), and in 
cls. (1), (2), (3), and (4), in cls. (3) and (4) ``8 years'' for ``five 
years'', and cl. (5), ``such person'' for ``he'', ``a quarter or 
semester'' for ``the last half of a quarter or semester'', ``period ends 
after a major portion of the course is completed'' for ``periods ends 
during the last half of the course'', and ``12 weeks'' for ``nine 
weeks''.
    Subsec. (c). Pub. L. 94-502, Sec. 310(8), substituted ``such 
person'' for ``him'' and ``he'' wherever appearing, and ``such 
person's'' for ``his'' wherever appearing.
    Subsec. (d). Pub. L. 94-502, Sec. 304(3), struck out subsec. (d) 
which authorized educational assistance to an eligible person beyond the 
age limits applicable to him under subsec. (a) of this section by a 
period of time equivalent to the period of time between his eighteenth 
birthday or the date of his application, whichever was later, and the 
date of approval of his application, but in no event beyond his thirty-
first birthday. Former subsec. (e) redesignated (d).
    Subsec. (e). Pub. L. 94-502, Secs. 304(3), 310(9), redesignated 
subsec. (f) as (e) and substituted ``the spouse'' for ``her spouse''. 
Former subsec. (e) redesignated (d).
    Subsecs. (f), (g). Pub. L. 94-502, Secs. 304(3), 310(9), 
redesignated subsec. (g) as (f) and substituted ``such person'' for 
``he''. Former subsec. (f) redesignated (e).
    1974--Subsec. (b). Pub. L. 93-337, Sec. 2(1), substituted ``may be 
afforded educational assistance under this chapter beyond 10 years'' for 
``may be afforded educational assistance under this chapter beyond eight 
years''.
    Subsec. (f). Pub. L. 93-337, Sec. 2(2), substituted ``may be 
afforded educational assistance under this chapter beyond 10 years'' for 
``may be afforded educational assistance under this chapter beyond eight 
years''.
    1972--Subsec. (a)(2). Pub. L. 92-540 substituted reference to 
section 1736 of this title for reference to section 1737 of this title.
    1970--Subsec. (a)(3). Pub. L. 91-219, Sec. 208(1), substituted 
``last occurs'' for ``first occurs''.
    Subsec. (b). Pub. L. 91-584, Sec. 3(1), substituted ``1701(a)(1)(B) 
or (D)'' for ``1701(a)(1)(B) or (C)''.
    Subsec. (e). Pub. L. 91-219, Sec. 208(2), added subsec. (e).
    Subsecs. (f), (g). Pub. L. 91-584, Sec. 3(2), added subsecs. (f) and 
(g).
    1968--Subsec. (a). Pub. L. 90-631, Sec. 2(e)(1), inserted ``(within 
the meaning of section 1701(a)(1)(A))'' after ``to which an eligible 
person''.
    Subsec. (b). Pub. L. 90-631, Sec. 2(e)(2), substituted provisions 
that no person made eligible by section 1701(a) (1)(B) or (C) may be 
afforded educational assistance under this chapter beyond 8 years after 
whichever of the specified events last occurs for provisions that no 
eligible person may be afforded educational assistance under this 
chapter unless he was discharged or released after each period he was on 
duty with the armed forces under conditions other than dishonorable, or 
while he is on duty with the armed forces.
    1967--Subsec. (a). Pub. L. 90-77 substituted ``twenty-sixth'' for 
``twenty-third'' birthday in text preceding cl. (1) and in cls. (3) and 
(4).
    1964--Subsec. (a)(3). Pub. L. 88-361, Sec. 3(a), inserted provisions 
relating to parents with a service-connected total disability permanent 
in nature.
    Subsec. (d). Pub. L. 88-361, Sec. 3(b), added subsec. (d).
    1962--Subsec. (a). Pub. L. 87-815, among other changes, struck out 
from cl. (3), provisions which it incorporated into cl. (4), added to 
such cl. (4) the exclusion from the computation of the five year period, 
of all periods during which the person served on active duty before Aug. 
1, 1962, pursuant to a call as a Reserve after July 30, 1961, or an 
extension of duty pursuant to Pub. L. 87-117, and redesignated former 
cl. (4) as (5).
    Subsec. (c). Pub. L. 87-819 added subsec. (c).


                    Effective Date of 1981 Amendment

    Amendment by Pub. L. 97-66 effective Oct. 17, 1981, see section 
701(b)(1) of Pub. L. 97-66, set out as a note under section 1114 of this 
title.


                    Effective Date of 1980 Amendment

    Amendment 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 Amendment

    Amendment by Pub. L. 95-202 effective retroactively to May 31, 1976, 
see section 501 of Pub. L. 95-202, set out as a note under section 101 
of this title.


                    Effective Date of 1976 Amendment

    Amendment by sections 304 and 310(7)-(9) of Pub. L. 94-502 effective 
Oct. 1, 1976, and Oct. 15, 1976, respectively, see section 703(a), (b) 
of Pub. L. 94-502, set out as an Effective Date note under section 3693 
of this title.


                    Effective Date of 1968 Amendment

    Amendment by Pub. L. 90-631 effective first day of second calendar 
month which begins after Oct. 23, 1968, see section 6(a) of Pub. L. 90-
631, set out as an Effective Date note under section 3500 of this title.


                    Effective Date of 1967 Amendment

    Amendment by Pub. L. 90-77 effective first day of first calendar 
month which begins more than ten days after Aug. 31, 1967, see section 
405 of Pub. L. 90-77, set out as a note under section 101 of this title.


 Termination of Eligibility Period for a Wife, Widow, or Eligible Person

    Section 604 of Pub. L. 92-540, as amended by Pub. L. 93-337, Sec. 3, 
July 10, 1974, 88 Stat. 292, provided that a wife or widow who was 
eligible to pursue a program of education exclusively by correspondence 
under section 1786 [now 3686] of this title or entitled to the benefits 
of section 1733(a) [now 3533(a)] of this title, had 10 years from Oct. 
24, 1972, to complete such program of education or receive such benefits 
and provided that an eligible person, as defined in section 1701(a)(1) 
[now 3501(a)(1)] of this title, who was entitled to pursue a program of 
apprenticeship or other on-job training under section 1787 [now 3687] of 
this title had 10 years from Oct. 24, 1972, to complete such program or 
training.


   Commencement of Delimiting Period in Cases of Death or of Service-
Connected Total Disability Permanent in Nature Occurring Before December 
                                 1, 1968

    Section 2(f) of Pub. L. 90-631, as amended Pub. L. 97-66, title VI, 
Sec. 605(b), Oct. 17, 1981, 95 Stat. 1036, provided that in the case of 
any person who was an eligible person by reason of section 1701(a)(1)(B) 
or (D) [now 3501(a)(1)(B) or (D)] of this title, if the date of death or 
the date of the determination of service-connected total disability 
permanent in nature of the person from whom eligibility was derived 
occurred before Dec. 1, 1968, the 10-year delimiting period referred to 
in subsec. (b)(1) of this section was to run from such date and provided 
that if the death of the person from whom such eligibility was derived 
occurred before Dec. 1, 1968, and the date on which the Administrator of 
Veterans' Affairs determined that such person died of a service-
connected disability was later than Dec. 1, 1968, the delimiting period 
referred to in subsec. (b)(1) of this section was to run from the date 
on which the Administrator made such determination.


                   Termination of Eligibility Periods

    Section 307(b) of Pub. L. 90-77 provided that anyone made eligible 
for educational assistance under this chapter by Pub. L. 90-77, and who, 
on the effective date of Pub. L. 90-77, was below the age of twenty-six, 
was to remain eligible for said assistance until the expiration of the 
five year period beginning on the effective date of Pub. L. 90-77 as set 
out in the Effective Date of 1967 Amendment note under section 101 of 
this title, excluding from such period any time which elapsed between 
applying for the assistance and the determination of eligibility by the 
Administrator of Veterans' Affairs, and also provided that the period of 
eligibility was to terminate regardless of the five year period when the 
eligible person reached the age of thirty-one.
    Pub. L. 89-349, Sec. 2, Nov. 8, 1965, 79 Stat. 1313, provided that 
anyone made eligible for educational assistance under section 1701 [now 
3501] of this title by reason of the amendment of that section by Pub. 
L. 89-349, and who was between the ages of seventeen and twenty-three on 
Nov. 8, 1965, was to remain eligible for said assistance until the 
expiration of the five year period beginning on Nov. 8, 1965.
    Section 5 of Pub. L. 88-361 provided that anyone made eligible for 
educational assistance under section 1701 [now 3501] of this title by 
reason of the amendment of that section by Pub. L. 88-361, and who was 
between the ages of seventeen and twenty-three on July 7, 1964, was to 
remain eligible for said assistance until the expiration of the five 
year period beginning on July 7, 1964, excluding from such period any 
time which elapsed between applying for the assistance and the 
determination of eligibility by the Administrator of Veterans' Affairs, 
and also provided that the period of eligibility was to terminate 
regardless of the five year period when the eligible person reached the 
age of thirty-one.


             Extension of Period for Completion of Education

    Pub. L. 87-377, Sec. 2, Oct. 4, 1961, 75 Stat. 806, which contained 
a savings clause which granted five years of educational training to 
certain children in the Philippines, was repealed by Pub. L. 91-24, 
Sec. 14(d), June 11, 1969, 83 Stat. 35, effective June 11, 1969, except 
as to any indebtedness which may be due the Government as the result of 
any benefits granted thereunder.


                Children of Spanish-American War Veterans

    Pub. L. 86-236, Sec. 2, Sept. 8, 1959, 73 Stat. 471, as amended by 
Pub. L. 87-815, Sec. 2(b), Oct. 15, 1962, 76 Stat. 927, which contained 
a savings clause which granted five years of educational training to 
certain children of Spanish-American War veterans, was repealed by Pub. 
L. 91-24, Sec. 14(b), June 11, 1969, 83 Stat. 35, effective June 11, 
1969, except as to any indebtedness which may be due the Government as 
the result of any benefits granted thereunder.

                  Section Referred to in Other Sections

    This section is referred to in sections 3501, 3565 of this title.
