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38 U.S.C. § 3511 — Duration of educational assistance

Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3511 — Duration of educational assistance

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Source location: Title 38, Chapter 35, § 3511; chapter-035-survivors-and-dependents-educational-assistance.md

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**(a)** (1) Each eligible person, whether made eligible by one or more of the provisions 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), shall be entitled to educational assistance under this chapter— (A) in the case of a person who first enrolls in a program of education using such entitlement before August 1, 2018, for an aggregate period not in excess of 45 months (or to the equivalent thereof in part-time training); or (B) in the case of a person who first enrolls in a program of education using such entitlement on or after August 1, 2018, for an aggregate period not in excess of 36 months (or to the equivalent thereof in part-time training). (2) (A) Notwithstanding any other provision of this chapter or chapter 36 of this title, any payment of an educational assistance allowance described in subparagraph (B) of this paragraph shall not— (i) be charged against the entitlement of any individual under this chapter; or (ii) be counted toward the aggregate period for which [section 3695 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3695&num=0&edition=prelim) limits an individual’s receipt of assistance. (B) The payment of the educational assistance allowance referred to in subparagraph (A) of this paragraph is the payment of such an allowance to an individual for pursuit of a course or courses under this chapter if the Secretary finds that the individual— (i) had to discontinue such course pursuit as a result of being ordered to serve on active duty under section 688, 12301(a), 12301(d), 12301(g), 12302, or 12304 of title 10 or of being involuntarily ordered to full-time National Guard duty under [section 502(f) of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section502/f&num=0&edition=prelim); and (ii) failed to receive credit or training time toward completion of the individual’s approved educational, professional, or vocational objective as a result of having to discontinue, as described in clause (i) of this subparagraph, his or her course pursuit. (C) The period for which, by reason of this subsection, an educational assistance allowance is not charged against entitlement or counted toward the applicable aggregate period under [section 3695 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3695&num=0&edition=prelim) shall not exceed the portion of the period of enrollment in the course or courses for which the individual failed to receive credit or with respect to which the individual lost training time, as determined under subparagraph (B)(ii) of this paragraph. **(b)** If any eligible person pursuing a program of education, or of special restorative training, under this chapter ceases to be an “eligible person” because— (1) the parent or spouse from whom eligibility is derived is found no longer to have a “total disability permanent in nature”, as defined in [section 3501(a)(8) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3501/a/8&num=0&edition=prelim), (2) the parent or spouse from whom eligibility is derived based upon [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) is no longer listed in one of the categories specified therein, (3) the spouse, as an eligible person under subparagraph (D) or (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), is divorced, without fault on such person’s part, from the person upon whose disability such person’s eligibility is based, or (4) the parent or spouse from whom such eligibility is derived based upon subparagraph (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) no longer meets a requirement under clause (i), (ii), or (iii) of that subparagraph, then such eligible person (if such person has sufficient remaining entitlement) may, nevertheless, be afforded educational assistance under this chapter until the end of the quarter or semester for which enrolled if the educational institution in which such person is enrolled is operated on a quarter or semester system, or if the educational institution is not so operated until the end of the course, or until 12 weeks have expired, whichever first occurs.

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3013 — Duration of basic educational assistance

**(a)** (1) Subject to [section 3695 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3695&num=0&edition=prelim) and except as provided in paragraph (2) of this subsection, each individual entitled to basic educational assistance under [section 3011 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3011&num=0&edition=prelim) is entitled to 36 months of educational assistance benefits under this chapter (or the equivalent thereof in part-time educational assistance). (2) Subject to [section 3695 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3695&num=0&edition=prelim) and subsection (d) of this section, in the case of an individual described in section 3011(a)(1)(A)(ii)(I) or (III) of this title who is not also described in [section 3011(a)(1)(A)(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3011/a/1/A/i&num=0&edition=prelim) or an individual described in section 3011(a)(1)(B)(ii)(I) or (III) of this title who is not also described in [section 3011(a)(1)(B)(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3011/a/1/B/i&num=0&edition=prelim), the individual is entitled to one month of educational assistance benefits under this chapter for each month of continuous active duty served by such individual after June 30, 1985, as part of the obligated period of active duty on which such entitlement is based in the case of an individual described in section 3011(a)(1)(A)(ii)(I) or (III) of this title, or in the case of an individual described in section 3011(a)(1)(B)(ii)(I) or (III) of this title, after June 30, 1985. **(b)** Subject to [section 3695 of this ti

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 101 — Definitions

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

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3512 — Periods of eligibility

**(a)** Except as provided in subsection (g), the educational assistance to which an 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) is entitled under [section 3511 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3511&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3536&num=0&edition=prelim), 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 eightee

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 1711 — Care during examinations and in emergencies

**(a)** The Secretary may furnish hospital care incident to physical examinations where such examinations are necessary in carrying out the provisions of other laws administered by the Secretary. **(b)** Repealed. Pub. L. 107–135, title II, § 208(d), Jan. 23, 2002, 115 Stat. 2463.] **(c)** (1) The Secretary may contract with any organization named in, or approved by the Secretary under, [section 5902 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5902&num=0&edition=prelim) to provide for the furnishing by the Secretary, on a reimbursable basis (as prescribed by the Secretary), of emergency medical services to individuals attending any national convention of such organization, except that reimbursement shall not be required for services furnished under this subsection to the extent that the individual receiving such services would otherwise be eligible under this chapter for medical services. (2) The authority of the Secretary to enter into contracts under this subsection shall be effective for any fiscal year only to such extent or in such amounts as are provided in appropriation Acts.

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3500 — Purpose

The Congress hereby declares that the educational program established by this chapter is for the purpose of providing opportunities for education to children whose education would otherwise be impeded or interrupted by reason of the disability or death of a parent from a disease or injury incurred or aggravated in the Armed Forces after the beginning of the Spanish-American War, and for the purpose of aiding such children in attaining the educational status which they might normally have aspired to and obtained but for the disability or death of such parent. The Congress further declares that the educational program extended to the surviving spouses of veterans who died of service-connected disabilities and to spouses of veterans with a service-connected total disability permanent in nature is for the purpose of assisting them in preparing to support themselves and their families at a standard of living level which the veteran, but for the veteran’s death or service disability, could have expected to provide for the veteran’s family.

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3695 — Limitation on period of assistance under two or more programs

**(a)** The aggregate period for which any person may receive assistance under two or more of the provisions of law listed below may not exceed 48 months (or the part-time equivalent thereof): (1) Parts VII or VIII, Veterans Regulation numbered 1(a), as amended. (2) Title II of the Veterans’ Readjustment Assistance Act of 1952. (3) The War Orphans’ Educational Assistance Act of 1956. (4) Chapters 30, 32, 33, 34, and 36. (5) Chapters 107, 1606, 1607, and 1611 of title 10. (6) Section 903 of the Department of Defense Authorization Act, 1981 (Public Law 96–342, [10 U.S.C. 2141](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2141&num=0&edition=prelim) note). (7) The Hostage Relief Act of 1980 (Public Law 96–449, [5 U.S.C. 5561](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5561&num=0&edition=prelim) note). (8) The Omnibus Diplomatic Security and Antiterrorism Act of 1986 (Public Law 99–399). **(b)** No person may receive assistance under chapter 31 of this title in combination with assistance under any of the provisions of law cited in subsection (a) of this section in excess of 48 months (or the part-time equivalent thereof) unless the Secretary determines that additional months of benefits under chapter 31 of this title are necessary to accomplish the purposes of a rehabilitation program (as defined in [section 3101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3101&num=0&edition=prelim)) in the individual case. **(c)** The aggregate period for which any person may receive assistance under chapter 35 of this title, on the one hand, and any of the provisions of law referred to in subsection (a), on the other hand, may not exceed 81 months (or the part-time equiv

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3695

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3693 — Compliance surveys

**(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

38 U.S.C. § 3501 — Definitions

**(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

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3533 — Special assistance for the educationally disadvantaged

**(a)** (1) Any eligible person shall be entitled to the assistance provided an eligible veteran under section 3491(a) (if pursued in a State) of this title and be paid an educational assistance allowance therefor in the manner prescribed by [section 3491(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3491/b&num=0&edition=prelim), except that the corresponding rate provisions of this chapter shall apply, as determined by the Secretary, to such pursuit by an eligible person. (2) Educational assistance under this chapter for the first five months of full-time pursuit of a program (or the equivalent thereof in part-time educational assistance) consisting of such course or courses shall be provided without charge to entitlement. **(b)** Any eligible person shall, without charge to any entitlement such person may have under [section 3511 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3511&num=0&edition=prelim), be entitled to the benefits provided an eligible veteran under [section 3492 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3492&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3541 — Entitlement to special restorative training

**(a)** The Secretary at the request of an eligible person is authorized— (1) to determine whether such person is in need of special restorative training; and (2) where need is found to exist, to prescribe a course which is suitable to accomplish the purposes of this chapter. Such a course, at the discretion of the Secretary, may contain elements that would contribute toward an ultimate objective of a program of education. **(b)** The total period of educational assistance under this subchapter and other subchapters of this chapter may not exceed the amount of entitlement as established in [section 3511 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3511&num=0&edition=prelim), except that the Secretary may extend such period in the case of any person if the Secretary finds that additional assistance is necessary to accomplish the purpose of special restorative training as stated in subsection (a) of this section.

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