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38 U.S.C. § 3513 — Application
Federal law — U.S. Code and appendices · legal_authorities
The parent or guardian of a person or the eligible person if such person has attained legal majority for whom educational assistance is sought under this chapter shall submit an application to the Secretary which shall be in such form and contain such information as the Secretary shall prescribe. If the Secretary finds that the person on whose behalf the application is submitted is an eligible person, the Secretary shall approve the application provisionally. The Secretary shall notify the parent or guardian or eligible person (if the person has attained legal majority) of the provisional approval or of the disapproval of the application.
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Source location: Title 38, Chapter 35, § 3513; chapter-035-survivors-and-dependents-educational-assistance.md
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The parent or guardian of a person or the eligible person if such person has attained legal majority for whom educational assistance is sought under this chapter shall submit an application to the Secretary which shall be in such form and contain such information as the Secretary shall prescribe. If the Secretary finds that the person on whose behalf the application is submitted is an eligible person, the Secretary shall approve the application provisionally. The Secretary shall notify the parent or guardian or eligible person (if the person has attained legal majority) of the provisional approval or of the disapproval of the application.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Prior Provisions
A prior section 1713 was renumbered [section 3513 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3513&num=0&edition=prelim).
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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
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3501/a/1&num=0&edition=prelim).
(C) The term “initial rating decision” means with respect to an eligible person a decision made by the S
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Federal law — U.S. Code and appendices · legal_authorities
Page 787
TITLE 38—VETERANS’ BENEFITS
§ 3513
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, respec-
tively, 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
Pub. L. 92–540, title VI, § 604, Oct. 24, 1972, 86 Stat.
1099, as amended by Pub. L. 93–337, § 3, July 10, 1974, 88
Stat. 292, provided that a wife or widow who was eligi-
ble 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 d
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 3513
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