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38 U.S.C. § 3563 — Notification of eligibility
Federal law — U.S. Code and appendices · legal_authorities
The Secretary shall notify the parent or guardian of each eligible person whose eligibility is based on the death or disability of a parent or on a parent being listed in one of the categories referred to in [section 3501(a)(1)(C) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3501/a/1/C&num=0&edition=prelim) of the educational assistance available to such person under this chapter. Such notification shall be provided not later than the month in which such eligible person attains such person’s thirteenth birthday or as soon thereafter as feasible.
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Source file: Laws/federal/codes/united-states-code/title-38/section-3563-notification-of-eligibility--093682e46f.md
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Source location: Title 38, Chapter 35, § 3563; chapter-035-survivors-and-dependents-educational-assistance.md
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The Secretary shall notify the parent or guardian of each eligible person whose eligibility is based on the death or disability of a parent or on a parent being listed in one of the categories referred to in [section 3501(a)(1)(C) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3501/a/1/C&num=0&edition=prelim) of the educational assistance available to such person under this chapter. Such notification shall be provided not later than the month in which such eligible person attains such person’s thirteenth birthday or as soon thereafter as feasible.
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this title—
(1) The terms “Secretary” and “Department” mean the Secretary of Veterans Affairs and the Department of Veterans Affairs, respectively.
(2) The term “veteran” means a person who served in the active military, naval, air, or space service, and who was discharged or released therefrom under conditions other than dishonorable.
(3) The term “surviving spouse” means (except for purposes of chapter 19 of this title) a person who was the spouse of a veteran at the time of the veteran’s death, and who lived with the veteran continuously from the date of marriage to the date of the veteran’s death (except where there was a separation which was due to the misconduct of, or procured by, the veteran without the fault of the spouse) and who has not remarried.
(4)
(A) The term “child” means (except for purposes of chapter 19 of this title (other than with respect to a child who is an insurable dependent under subparagraph (B) or (C) of section 1965(10) of such chapter) and [section 8502(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section8502/b&num=0&edition=prelim)) a person who is unmarried and—
(i) who is under the age of eighteen years;
(ii) who, before attaining the age of eighteen years, became permanently incapable of self-support; or
(iii) who, after attaining the age of eighteen years and until completion of education or training (but not after attaining the age of twenty-three years), is pursuing a course of instruction at an approved educational institution;
and who is a legitimate child, a legally adopted child, a stepchild who is a member of a veteran’s household or was a member at the time of the veteran’s death, or an illegitimate child but, as to the alleged father, onl
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 101
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Except as provided in subsection (b), the Secretary shall conduct an annual compliance survey of educational institutions and training establishments offering one or more courses approved for the enrollment of eligible veterans or persons if at least 20 such veterans or persons are enrolled in any such course. The Secretary shall—
(A) design the compliance surveys to ensure that such institutions or establishments, as the case may be, and approved courses are in compliance with all applicable provisions of chapters 30 through 36 of this title;
(B) survey each such educational institution and training establishment not less than once during every 2-year period; and
(C) assign not fewer than 1 education compliance specialist to work on compliance surveys in any year for each 40 compliance surveys required to be made under this section for such year.
(2) The Secretary, in consultation with the State approving agencies, shall—
(A) annually determine the parameters of the surveys required under paragraph (1); and
(B) not later than September 1 of each year, make available to the State approving agencies a list of the educational institutions and training establishments that will be surveyed during the fiscal year following the date of making such list available.
**(b)** The Secretary may waive the requirement in subsection (a)(1) for a compliance survey with respect to an educational institution or training establishment if the Secretary determines, based on the record of compliance of such institution or establishment with all the applicable provisions of chapters 30 through 36 of this title, that the waiver would be appropriate and in the best interest of the United States Government.
**(c)** To the maximum extent feasible, the Secretary, or
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3693
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** For the purposes of this chapter and chapter 36 of this title—
(1) The term “eligible person” means any of the following:
(A) A child of a person who, as a result of qualifying service—
(i) died of a service-connected disability; or
(ii) has a total disability permanent in nature resulting from a service-connected disability, or who died while a disability so evaluated was in existence.
(B) The surviving spouse of any person who died of a service-connected disability sustained during a period of qualifying service.
(C) The spouse or child of any member of the Armed Forces serving on active duty who, at the time of application for benefits under this chapter is listed, pursuant to [section 556 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section556&num=0&edition=prelim) and regulations issued thereunder, by the Secretary concerned in one or more of the following categories and has been so listed for a total of more than ninety days: (i) missing in action, (ii) captured in line of duty by a hostile force, or (iii) forcibly detained or interned in line of duty by a foreign government or power.
(D)
(i) The spouse of any person who has a total disability permanent in nature resulting from a service-connected disability sustained during a period of qualifying service, or (ii) the surviving spouse of a veteran who died while a disability so evaluated was in existence.
(E) The spouse or child of a person who—
(i) at the time of the Secretary’s determination under clause (ii), is a member of the Armed Forces who is hospitalized or receiving outpatient medical care, services, or treatment;
(ii) the Secretary determines has a total disability permanent in nature incurred or aggravated in the line
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3501
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 1761, added Pub. L. 96–22, title I, § 105(a), June 13, 1979, 93 Stat. 52, § 661; amended Pub. L. 98–160, title I, § 106(b), Nov. 21, 1983, 97 Stat. 998; renumbered § 1761, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406, related to purpose of this subchapter, which established a preventive health-care services pilot program.
Prior section 1761 was renumbered [section 3561 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3561&num=0&edition=prelim).
Section 1762, added Pub. L. 96–22, title I, § 105(a), June 13, 1979, 93 Stat. 52, § 662; renumbered § 1762 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406; Pub. L. 102–585, title V, § 513(a), Nov. 4, 1992, 106 Stat. 4958, defined the term “preventive health-care services” for purposes of this subchapter. [Section 1762 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1762&num=0&edition=prelim) was transferred to [section 1701(9) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1701/9&num=0&edition=prelim) by Pub. L. 102–585.
Prior section 1762 was renumbered [section 3562 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3562&num=0&edition=prelim).
Section 1763, added Pub. L. 96–22, title I, § 105(a), June 13, 1979, 93 Stat. 52, § 663; amended Pub. L. 96–128, title V, § 501(d), Nov. 28, 1979, 93 Stat. 987; Pub. L. 98–160, title I, § 106(c), Nov. 21, 1983, 97 Stat. 998; Pub. L. 99–272, title XIX, § 19011(d)(6), Apr. 7, 1986, 100 Stat. 379; renumbered § 1763 and amended Pub. L. 102–83, §§ 4(a)(3), (4), (b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406, related to provision of prev
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1761 to 1764
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Federal law — U.S. Code and appendices · legal_authorities
Page 801
TITLE 38—VETERANS’ BENEFITS
§ 3563
Subsec. (b). Pub. L. 94–502 substituted ‘‘the Adminis-
trator may deem’’ for ‘‘he may deem’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1976 AMENDMENT
Amendment by Pub. L. 94–502 effective Oct. 15, 1976,
see section 703(b) of Pub. L. 94–502, set out as an Effec-
tive Date note under section 3693 of this title.
SUBCHAPTER VI—MISCELLANEOUS
PROVISIONS
§ 3561. Authority and duties of Secretary
(a) The Secretary may provide the educational
and vocational counseling authorized under sec-
tion 3520 of this title, and may provide addi-
tional counseling if the Secretary deems it to be
necessary to accomplish the purposes of this
chapter.
(b) Where any provision of this chapter au-
thorizes or requires any function, power, or duty
to be exercised by a State, or by any officer or
agency thereof, such function, power, or duty
shall, with respect to the Republic of the Phil-
ippines, be exercised by the Secretary.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1200, § 1761;
Pub. L. 89–358, § 3(a)(1), Mar. 3, 1966, 80 Stat. 19;
Pub. L. 94–502, title III, § 310(23), Oct. 15, 1976, 90
Stat. 2392; Pub. L. 96–466, title III, § 323(b), Oct.
17, 1980, 94 Stat. 2196; Pub. L. 101–237, title IV,
§ 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renum-
bered § 3561 and amended Pub. L. 102–83, § 5(a),
(c)(1), Aug. 6, 1991, 105 Stat. 406.)
Editorial Notes
AMENDMENTS
1991—Pub. L. 102–83, § 5(a), renumbered section 1761 of
this title as this section.
Subsec. (a). Pub. L. 102–83, § 5(c)(1), substituted ‘‘3520’’
for ‘‘1720’’.
1989—Pub. L. 101–237 substituted ‘‘Secretary’’ for ‘‘Ad-
ministrator’’ wherever appearing.
1980—Subsec. (a). Pub. L. 96–466 substituted ‘‘author-
ized’’ for ‘‘required’’ and ‘‘may provide additional
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 3563
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