38 U.S.C. § 5113

Current through P.L. 118-107 (published on www.congress.gov on 11/21/2024)

Section 5113 - Effective dates of educational benefits

(a) Except as provided in subsections (b) and (c), effective dates relating to awards under chapters 30, 31, 32, 34, and 35 of this title or chapter 106 of title 10 shall, to the extent feasible, correspond to effective dates relating to awards of disability compensation.

(b)

(1) When determining the effective date of an award under chapter 35 of this title for an individual described in paragraph (2) based on an original claim, the Secretary may consider the individual's application as having been filed on the eligibility date of the individual if that eligibility date is more than one year before the date of the initial rating decision.

(2) An individual referred to in paragraph (1) is an eligible person who-

(A) submits to the Secretary an original application for educational assistance under chapter 35 of this title within one year of the date that the Secretary makes the rating decision;

(B) claims such educational assistance for pursuit of an approved program of education during a period preceding the one-year period ending on the date on which the application was received by the Secretary; and

(C) would have been entitled to such educational assistance for such course pursuit if the individual had submitted such an application on the individual's eligibility date.

(3) In this subsection:

(A) The term "eligibility date" means the date on which an individual becomes an eligible person.

(B) The term "eligible person" has the meaning given that term under subparagraphs (A), (B), (D), and (E) of section 3501(a)(1) of this title.

(C) The term "initial rating decision" means with respect to an eligible person a decision made by the Secretary that establishes (i) service connection for the death of the person from whom such eligibility is derived or (ii) the existence of the service-connected total disability permanent in nature (or, in the case of a person made eligible under section 3501(a)(1)(E), the total disability permanent in nature incurred or aggravated in the line of duty in the active military, naval, air, or space service) of the person from whom such eligibility is derived, as the case may be.

(c) The effective date of an adjustment of benefits under any chapter referred to in subsection (a) of this section, if made on the basis of a certification made by the veteran or person and accepted by the Secretary under section 3680(g) of this title, shall be the date of the change.

38 U.S.C. § 5113

Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1227, §3013; Pub. L. 89-358, §4(p), Mar. 3, 1966, 80 Stat. 25; Pub. L. 99-576, title III, §321(10), Oct. 28, 1986, 100 Stat. 3278; Pub. L. 100-322, title III, §323, May 20, 1988, 102 Stat. 536; Pub. L. 101-237, title IV, §419, Dec. 18, 1989, 103 Stat. 2087; Pub. L. 102-16, §10(a)(9), Mar. 22, 1991, 105 Stat. 56; renumbered § 5113,Pub. L. 102-40, title IV, §402(b)(1)5113,, 105 Stat. 238; Pub. L. 102-83, §5(c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 106-419, title I, §113(a), Nov. 1, 2000, 114 Stat. 1832; Pub. L. 109-444, §3(c)(2), Dec. 21, 2006, 120 Stat. 3307; Pub. L. 109-461, title III, §301(c)(2), title X, §1006(b), Dec. 22, 2006, 120 Stat. 3427, 3468; Pub. L. 116-283, div. A, title IX, §926(a)(54), Jan. 1, 2021, 134 Stat. 3830.

EDITORIAL NOTES

AMENDMENTS2021-Subsec. (b)(3)(C). Pub. L. 116-283 substituted "air, or space service" for "or air service". 2006- Pub. L. 109-461, §1006(b), provided that as of the enactment of Pub. L. 109-461 the amendments made by Pub. L. 109-444 were deemed for all purposes not to have taken effect and that Pub. L. 109-444 ceased to be in effect. See Amendment notes below and section 1006(b) of Pub. L. 109-461 set out as a Coordination of Provisions With Pub. L. 109-444 note under section 101 of this title.Subsec. (b)(3)(B). Pub. L. 109-461, §301(c)(2)(A), substituted "subparagraphs (A), (B), (D), and (E) of section 3501(a)(1) of this title." for "section 3501(a)(1) of this title under subparagraph (A)(i), (A)(ii), (B), or (D) of such section by reason of either (i) the service-connected death or (ii) service-connected total disability permanent in nature of the veteran from whom such eligibility is derived." Pub. L. 109-444, §3(c)(2)(A), which substituted "subparagraphs (A), (B), (D), and (E) of section 3501(a)(1) of this title." for "section 3501(a)(1) of this title under subparagraph (A)(i), (A)(ii), (B), or (D) of such section by reason of either (i) the service-connected death or (ii) service-connected total disability permanent in nature of the veteran from whom such eligibility is derived.", was terminated by Pub. L. 109-461, §1006(b). See Amendment notes above. Subsec. (b)(3)(C). Pub. L. 109-461, §301(c)(2)(B), substituted "the death of the person from whom such eligibility is derived" for "such veteran's death" and "the service-connected total disability permanent in nature (or, in the case of a person made eligible under section 3501(a)(1)(E), the total disability permanent in nature incurred or aggravated in the line of duty in the active military, naval, or air service) of the person from whom such eligibility is derived" for "such veteran's service-connected total disability permanent in nature". Pub. L. 109-444, §3(c)(2)(B), which substituted "the death of the person from whom such eligibility is derived" for "such veteran's death" and "the service-connected total disability permanent in nature (or, in the case of a person made eligible under section 3501(a)(1)(E), the total disability permanent in nature incurred or aggravated in the line of duty in the active military, naval, or air service) of the person from whom such eligibility is derived" for "such veteran's service-connected total disability permanent in nature", was terminated by Pub. L. 109-461, §1006(b). See Amendment notes above.2000-Subsec. (a). Pub. L. 106-419, §113(a)(2), substituted "subsections (b) and (c)" for "subsection (b) of this section".Subsecs. (b), (c). Pub. L. 106-419, §113(a)(1), (3), added subsec. (b) and redesignated former subsec. (b) as (c). 1991- Pub. L. 102-40 renumbered section 3013 of this title as this section.Subsec. (a). Pub. L. 102-16 inserted "or chapter 106 of title 10" after "of this title". Subsec. (b). Pub. L. 102-83 substituted "3680(g)" for "1780(g)". 1989- Pub. L. 101-237 designated existing provisions as subsec. (a), substituted "Except as provided in subsection (b) of this section, effective" for "Effective", and added subsec. (b). 1988- Pub. L. 100-322 inserted reference to chapter 32.1986- Pub. L. 99-576 inserted reference to chapter 30.1966- Pub. L. 89-358 substituted "34" for "33".

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 2006 AMENDMENT Amendment by section 301(c)(2) of Pub. L. 109-461 applicable with respect to a payment of educational assistance for a course of education pursued after Dec. 22, 2006, see section 301(d) of Pub. L. 109-461 set out as a note under section 3501 of this title.

EFFECTIVE DATE OF 2000 AMENDMENT Pub. L. 106-419, title I, §113(b), Nov. 1, 2000, 114 Stat. 1832, provided that: "The amendments made by subsection (a) [amending this section] shall apply to applications first made under section 3513 of title 38, United States Code, that-"(1) are received on or after the date of the enactment of this Act [Nov. 1, 2000]; or "(2) on the date of the enactment of this Act, are pending (A) with the Secretary of Veterans Affairs, or (B) exhaustion of available administrative and judicial remedies."