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38 U.S.C. § 5113 — Effective dates of educational benefits
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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Source file: Laws/federal/codes/united-states-code/title-38/section-5113-effective-dates-of-educational-benefits--4c420da06f.md
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Source location: Title 38, Chapter 51, § 5113; chapter-051-claims-effective-dates-and-payments.md
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**(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 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3680/g&num=0&edition=prelim), shall be the date of the change.
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Federal law — U.S. Code and appendices · legal_authorities
**(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
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
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
**(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
Page 1046
TITLE 38—VETERANS’ BENEFITS
§ 5113
(10) by reason of an erroneous award based
solely on administrative error or error in judg-
ment shall be the date of last payment.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1227, § 3012;
Pub. L. 87–825, § 2, Oct. 15, 1962, 76 Stat. 949; Pub.
L. 89–730, § 3, Nov. 2, 1966, 80 Stat. 1159; Pub. L.
90–275, § 5, Mar. 28, 1968, 82 Stat. 68; Pub. L.
92–198, § 3, Dec. 15, 1971, 85 Stat. 664; Pub. L.
94–433, title IV, § 402, Sept. 30, 1976, 90 Stat. 1378;
Pub. L. 95–588, title III, § 303, Nov. 4, 1978, 92 Stat.
2506; Pub. L. 97–253, title IV, § 402(a), Sept. 8, 1982,
96 Stat. 802; Pub. L. 99–576, title V, § 503, title
VII, § 701(64), Oct. 28, 1986, 100 Stat. 3286, 3296; re-
numbered § 5112 and amended Pub. L. 102–40, title
IV, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238,
239; Pub. L. 107–103, title II, § 204(b)(2), Dec. 27,
2001, 115 Stat. 990; Pub. L. 117–168, title VIII,
§ 807(a)(4), Aug. 10, 2022, 136 Stat. 1806.)
Editorial Notes
AMENDMENTS
2022—Subsec. (b)(6). Pub. L. 117–168 struck out ‘‘(at
the payee’s last address of record)’’ after ‘‘notice to the
payee’’.
2001—Subsec. (c). Pub. L. 107–103 struck out subsec.
(c) which read as follows: ‘‘The effective date of a dis-
continuance under section 5503(b)(1)(A) of this title of
pension, compensation, or emergency officers’ retire-
ment pay by reason of hospital treatment or institu-
tional or domiciliary care shall be the last day of the
first month of such treatment or care during which the
value of the veteran’s estate, as determined under such
section, equals or exceeds $1,500.’’
1991—Pub. L. 102–40, § 402(b)(1), renumbered section
3012 of this title as this section.
Subsec. (b)(4)(A). Pub. L. 102–40, § 402(d)(1), sub-
stituted ‘‘5312’’ for ‘‘3112’’.
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