38 U.S.C. § 3103 — Periods of eligibility

Page 688 TITLE 38—VETERANS’ BENEFITS § 3103 1 See References in Text note below. (3) In this subsection, the terms ‘‘compensa- tion’’, ‘‘regular compensation’’, ‘‘benefit year’’, ‘‘State’’, ‘‘State law’’, and ‘‘week’’ have the re- spective meanings given such terms under sec- tion 205 of the Federal-State Extended Unem- ployment Compensation Act of 1970 (26 U.S.C. 3304 note). (4) No person shall be entitled to an additional rehabilitation program under paragraph (1) from whom the Secretary receives an application therefor after March 31, 2014. (Added Pub. L. 96–466, title I, § 101(a), Oct. 17, 1980, 94 Stat. 2173, § 1502; amended Pub. L. 101–237, title IV, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; Pub. L. 101–508, title VIII, § 8021(a), Nov. 5, 1990, 104 Stat. 1388–347; Pub. L. 102–16, § 3(a), Mar. 22, 1991, 105 Stat. 49; renumbered § 3102, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102–568, title IV, § 404(a), Oct. 29, 1992, 106 Stat. 4338; Pub. L. 104–275, title I, § 101(b), Oct. 9, 1996, 110 Stat. 3323; Pub. L. 112–56, title II, § 233(a)(1), Nov. 21, 2011, 125 Stat. 719; Pub. L. 116–283, div. A, title IX, § 926(a)(41), Jan. 1, 2021, 134 Stat. 3830.) Editorial Notes REFERENCES IN TEXT Section 205 of the Federal-State Extended Unemploy- ment Compensation Act of 1970, referred to in subsec. (b)(3), is section 205 of Pub. L. 91–373, which is set out as a note under section 3304 of Title 26, Internal Rev- enue Code. PRIOR PROVISIONS Prior section 3102 was renumbered section 5302 of this title. AMENDMENTS 2021—Subsec. (a)(1)(A)(ii). Pub. L. 116–283 substituted ‘‘air, or space service’’ for ‘‘or air service’’. 2011—Pub. L. 112–56 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). 1996—Par. (1)(A)(i). Pub. L. 104–275, § 101(b)(1), sub- stituted ‘‘rated at 20 percent or more’’ for ‘‘which is, or but for the receipt of retired pay would be, compensable at a rate of 20 percent or more under chapter 11 of this title and’’. Par. (2)(A). Pub. L. 104–275, § 101(b)(2), substituted ‘‘rated at 10 percent’’ for ‘‘which is, or but for the re- ceipt of retired pay would be, compensable at a rate of 10 percent under chapter 11 of this title and’’. Par. (2)(B). Pub. L. 104–275, § 101(b)(3), amended sub- par. (B) generally. Prior to amendment, subpar. (B) read as follows: ‘‘has a serious employment handicap.’’ 1992—Pub. L. 102–568 amended section generally, mak- ing changes in substance and structure. 1991—Pub. L. 102–83 renumbered section 1502 of this title as this section. Par. (1)(B). Pub. L. 102–16 substituted ‘‘or receiving outpatient medical care, services, or treatment for a service-connected disability pending discharge from the active military, naval, or air service, and the Secretary determines that (i) the hospital (or other medical facil- ity) providing the hospitalization, care, services, or treatment either is doing so under contract or agree- ment with the Secretary concerned or is under the ju- risdiction of the Secretary of Veterans Affairs or the Secretary concerned, and (ii) the person is suffering from a disability which’’ for ‘‘for a service-connected disability in a hospital over which the Secretary con- cerned has jurisdiction pending discharge or release from active military, naval, or air service and is suf- fering from a disability which the Secretary deter- mines’’. 1990—Par. (1). Pub. L. 101–508 substituted ‘‘compen- sable at a rate of 20 percent or more’’ for ‘‘compen- sable’’ in cls. (A) and (B). 1989—Pub. L. 101–237 substituted ‘‘Secretary deter- mines’’ for ‘‘Administrator determines’’ in par. (1)(B) and ‘‘Secretary’’ for ‘‘Administrator’’ in par. (2). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2011 AMENDMENT Pub. L. 112–56, title II, § 233(c), Nov. 21, 2011, 125 Stat. 720, provided that: ‘‘The amendments made by sub- sections (a) and (b) [amending this section and sections 3103 and 3105 of this title] shall take effect on June 1, 2012, and shall apply with respect to rehabilitation pro- grams beginning after such date.’’ EFFECTIVE DATE OF 1992 AMENDMENT Pub. L. 102–568, title IV, § 404(b), Oct. 29, 1992, 106 Stat. 4338, as amended by Pub. L. 103–446, title VI, § 602(c)(1), Nov. 2, 1994, 108 Stat. 4671, provided that: ‘‘The amend- ment made by subsection (a) [amending this section] shall take effect on October 1, 1993, but shall not apply to veterans and other persons who originally applied for assistance under chapter 31 of title 38, United States Code, before November 1, 1990.’’ [Pub. L. 103–446, title VI, § 602(c)(2), Nov. 2, 1994, 108 Stat. 4671, provided that: ‘‘The amendment made by paragraph (1) [amending section 404(b) of Pub. L. 102–568, set out above] shall take effect as of October 29, 1992.’’] EFFECTIVE DATE OF 1990 AMENDMENT Pub. L. 101–508, title VIII, § 8021(b), Nov. 5, 1990, 104 Stat. 1388–347, provided that: ‘‘The amendments made by this section [amending this section] shall apply to veterans and other persons originally applying for as- sistance under chapter 31 of title 38, United States Code, on or after November 1, 1990.’’ EFFECTIVE DATE Section effective Apr. 1, 1981, see section 802(a)(1) of Pub. L. 96–466, set out as a note under section 3100 of this title. § 3103. Periods of eligibility (a) Except as provided in subsection (b), (c), (d), (e), (g), or (h) 1 of this section, a rehabilita- tion program may not be afforded to a veteran under this chapter after the end of the twelve- year period beginning on the date of such vet- eran’s discharge or release from active military, naval, air, or space service. (b)(1) In any case in which the Secretary de- termines that a veteran has been prevented from participating in a vocational rehabilitation pro- gram under this chapter within the period of eli- gibility prescribed in subsection (a) of this sec- tion because a medical condition of such veteran made it infeasible for such veteran to partici- pate in such a program, the twelve-year period of eligibility shall not run during the period of time that such veteran was so prevented from participating in such a program, and such period of eligibility shall again begin to run on the first day following such veteran’s recovery from such condition on which it is reasonably fea- sible, as determined under regulations which the Secretary shall prescribe, for such veteran to participate in such a program. (2) In any case in which the Secretary deter- mines that a veteran has been prevented from Page 689 TITLE 38—VETERANS’ BENEFITS § 3103 2 So in original. Two subsecs. (h) have been enacted. 3 So in original. Probably should be followed by ‘‘in’’. participating in a vocational rehabilitation pro- gram under this chapter within the period of eli- gibility prescribed in subsection (a) of this sec- tion because— (A) such veteran had not met the require- ment of a discharge or release from active military, naval, air, or space service under conditions other than dishonorable before (i) the nature of such discharge or release was changed by appropriate authority, or (ii) the Secretary determined, under regulations pre- scribed by the Secretary, that such discharge or release was under conditions other than dis- honorable, or (B) such veteran’s discharge or dismissal was, under section 5303 of this title, a bar to benefits under this title before the Secretary made a determination that such discharge or dismissal is not a bar to such benefits, the twelve-year period of eligibility shall not run during the period of time that such veteran was so prevented from participating in such a program. (3) In any case in which the Secretary deter- mines that a veteran has been prevented from participating in a vocational rehabilitation pro- gram under this chapter within the period of eli- gibility prescribed in subsection (a) of this sec- tion because such veteran had not established the existence of a service-connected disability rated at 10 percent or more, the twelve-year pe- riod of eligibility shall not run during the period such veteran was so prevented from partici- pating in such a program. (c) In any case in which the Secretary deter- mines that a veteran is in need of services to overcome a serious employment handicap, such veteran may be afforded a vocational rehabilita- tion program after the expiration of the period of eligibility otherwise applicable to such vet- eran if the Secretary also determines, on the basis of such veteran’s current employment handicap and need for such services, that an ex- tension of the applicable period of eligibility is necessary for such veteran and— (1) that such veteran had not previously been rehabilitated to the point of employ- ability; (2) that such veteran had previously been re- habilitated to the point of employability but (A) the need for such services had arisen out of a worsening of such veteran’s service-con- nected disability that precludes such veteran from performing the duties of the occupation for which such veteran was previously trained in a vocational rehabilitation program under this chapter, or (B) the occupation for which such veteran had been so trained is not suit- able in view of such veteran’s current employ- ment handicap and capabilities; or (3) under regulations which the Secretary shall prescribe, that an extension of the period of eligibility of such veteran is necessary to accomplish the purposes of a rehabilitation program for such veteran. (d) In any case in which the Secretary has de- termined that a veteran’s disability or disabil- ities are so severe that the achievement of a vo- cational goal currently is not reasonably fea- sible, such veteran may be afforded a program of independent living services and assistance in ac- cordance with the provisions of section 3120 of this title after the expiration of the period of eligibility otherwise applicable to such veteran if the Secretary also determines that an exten- sion of the period of eligibility of such veteran is necessary for such veteran to achieve max- imum independence in daily living. (e)(1) The limitation in subsection (a) shall not apply to a rehabilitation program described in paragraph (2). (2) A rehabilitation program described in this paragraph is a rehabilitation program pursued by a veteran under section 3102(b) of this title. (f) In any case in which the Secretary has de- termined that a veteran was prevented from par- ticipating in a vocational rehabilitation pro- gram under this chapter within the period of eli- gibility otherwise prescribed in this section as a result of being ordered to serve on active duty under section 688, 12301(a), 12301(d), 12301(g), 12302, 12304, 12304a, or 12304b of title 10, such pe- riod of eligibility shall not run for the period of such active duty service plus four months. (g) Subsection (a) shall not apply to a veteran who was discharged or released from active mili- tary, naval, or air service on or after January 1, 2013. (h)(1) 2 In the case of a veteran who is eligible for a vocational rehabilitation program under this chapter and who is prevented from partici- pating in the vocational rehabilitation program within the period of eligibility prescribed in sub- section (a) because of a covered reason, as deter- mined by the Secretary, such period of eligi- bility— (A) shall not run during the period the vet- eran is so prevented from participating in such program; and (B) shall again begin running on a date de- termined by the Secretary that is— (i) not earlier than the first day after the veteran is able to resume participation in a vocational rehabilitation program under this chapter; and (ii) not later than 90 days after that day. (2) In this subsection, a covered reason is— (A) the temporary or permanent closure of an educational institution by reason of an emergency situation; or (B) another reason that prevents the veteran from participating in the vocational rehabili- tation program, as determined by the Sec- retary. (h)2 In any case in which the Secretary deter- mines that a veteran has been prevented from participating in a vocational rehabilitation pro- gram under this chapter within the 12-year pe- riod of eligibility prescribed in subsection (a) due to an emergency situation, such 12-year pe- riod— (1) shall not run during the period the indi- vidual is so prevented from participating 3 such program; and (2) shall again begin running on the first day after the individual is able to resume partici- pation in such program. Page 690 TITLE 38—VETERANS’ BENEFITS § 3104 (Added Pub. L. 96–466, title I, § 101(a), Oct. 17, 1980, 94 Stat. 2173, § 1503; amended Pub. L. 99–576, title III, § 333(b)(2), Oct. 28, 1986, 100 Stat. 3279; Pub. L. 101–237, title IV, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; Pub. L. 102–40, title IV, § 402(d)(1), May 7, 1991, 105 Stat. 239; renumbered § 3103 and amended, Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 103–446, title XII, § 1201(d)(8), Nov. 2, 1994, 108 Stat. 4684; Pub. L. 104–275, title I, § 101(c), Oct. 9, 1996, 110 Stat. 3324; Pub. L. 107–103, title I, § 103(c)(2), Dec. 27, 2001, 115 Stat. 979; Pub. L. 107–330, title III, § 308(h), Dec. 6, 2002, 116 Stat. 2829; Pub. L. 112–56, title II, § 233(b), Nov. 21, 2011, 125 Stat. 720; Pub. L. 115–48, title IV, § 402, Aug. 16, 2017, 131 Stat. 996; Pub. L. 116–283, div. A, title IX, § 926(a)(42), Jan. 1, 2021, 134 Stat. 3830; Pub. L. 116–315, title I, § 1025(a), Jan. 5, 2021, 134 Stat. 4960; Pub. L. 117–328, div. U, title II, § 233, Dec. 29, 2022, 136 Stat. 5457; Pub. L. 117–333, § 3(c)(1), Jan. 5, 2023, 136 Stat. 6126.) Editorial Notes REFERENCES IN TEXT Subsection (h) of this section, referred to in subsec. (a), probably refers to both subsecs. (h) of this section. Pub. L. 117–328 and Pub. L. 117–333 each added a subsec. (h) and amended subsec. (a) to add a corresponding ref- erence. See 2022 and 2023 Amendment notes below. PRIOR PROVISIONS Prior section 3103 was renumbered section 5303 of this title. AMENDMENTS 2023—Subsec. (a). Pub. L. 117–333, § 3(c)(1)(A), made identical amendment to that made by Pub. L. 117–328, § 233(1). See 2022 Amendment note below. Subsec. (h). Pub. L. 117–333, § 3(c)(1)(B), added subsec. (h) referring to the 12-year period of eligibility pre- scribed in subsec. (a). 2022—Subsec. (a). Pub. L. 117–328, § 233(1), substituted ‘‘(g), or (h)’’ for ‘‘or (g)’’. Subsec. (h). Pub. L. 117–328, § 233(2), added subsec. (h) referring to the period of eligibility prescribed in sub- sec. (a) because of a covered reason. 2021—Subsec. (a). Pub. L. 116–315, § 1025(a)(1), sub- stituted ‘‘(e), or (g)’’ for ‘‘or (e)’’. Pub. L. 116–283 substituted ‘‘air, or space service’’ for ‘‘or air service’’. Subsec. (b)(2)(A). Pub. L. 116–283 substituted ‘‘air, or space service’’ for ‘‘or air service’’. Subsec. (g). Pub. L. 116–315, § 1025(a)(2), added subsec. (g). 2017—Subsec. (f). Pub. L. 115–48 substituted ‘‘12304, 12304a, or 12304b’’ for ‘‘or 12304’’. 2011—Subsec. (a). Pub. L. 112–56, § 233(b)(1), sub- stituted ‘‘in subsection (b), (c), (d), or (e)’’ for ‘‘in sub- section (b), (c), or (d)’’. Subsecs. (e), (f). Pub. L. 112–56, § 233(b)(2), (3), added subsec. (e) and redesignated former subsec. (e) as (f). 2002—Subsec. (e). Pub. L. 107–330 made technical cor- rection to directory language of Pub. L. 107–103. See 2001 Amendment note below. 2001—Subsec. (e). Pub. L. 107–103, as amended by Pub. L. 107–330, added subsec. (e). 1996—Subsec. (b)(3). Pub. L. 104–275, § 101(c)(1), sub- stituted ‘‘rated at 10 percent or more’’ for ‘‘described in section 3102(1)(A)(i) of this title’’. Subsec. (c). Pub. L. 104–275, § 101(c)(2)(A), substituted ‘‘current’’ for ‘‘particular’’ in introductory provisions. Subsec. (c)(2). Pub. L. 104–275, § 101(c)(2)(B), sub- stituted ‘‘veteran’s current employment’’ for ‘‘vet- eran’s employment’’. Subsec. (d). Pub. L. 104–275, § 101(c)(3), substituted ‘‘in accordance with the provisions of section 3120 of this title’’ for ‘‘under this chapter’’. 1994—Subsec. (b)(3). Pub. L. 103–446 substituted ‘‘sec- tion 3102(1)(A)(i)’’ for ‘‘section 3102(1)(A)’’. 1991—Pub. L. 102–83, § 5(a), renumbered section 1503 of this title as this section. Subsec. (b)(2)(B). Pub. L. 102–40 substituted ‘‘5303’’ for ‘‘3103’’. Subsec. (b)(3). Pub. L. 102–83, § 5(c)(1), substituted ‘‘3102(1)(A)’’ for ‘‘1502(1)(A)’’. 1989—Subsecs. (b) to (d). Pub. L. 101–237 substituted ‘‘Secretary’’ for ‘‘Administrator’’ wherever appearing. 1986—Subsec. (d). Pub. L. 99–576 inserted ‘‘currently’’ after ‘‘goal’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2011 AMENDMENT Amendment by Pub. L. 112–56 effective June 1, 2012, and applicable with respect to rehabilitation programs beginning after such date, see section 233(c) of Pub. L. 112–56, set out as a note under section 3102 of this title. EFFECTIVE DATE OF 2002 AMENDMENT Pub. L. 107–330, title III, § 308(h), Dec. 6, 2002, 116 Stat. 2829, provided that the amendment made by section 308(h) of Pub. L. 107–330 is effective as of Dec. 27, 2001, and as if included in section 103(c) of the Veterans Edu- cation and Benefits Expansion Act of 2001, Pub. L. 107–103, as originally enacted. EFFECTIVE DATE OF 2001 AMENDMENT Amendment by Pub. L. 107–103 effective Sept. 11, 2001, see section 103(e) of Pub. L. 107–103, set out as a note under section 3013 of this title. EFFECTIVE DATE Section effective Apr. 1, 1981, see section 802(a)(1) of Pub. L. 96–466, set out as a note under section 3100 of this title. EXTENSION OF TIME LIMITATIONS FOR USE OF ENTITLE- MENT: VOCATIONAL REHABILITATION AND TRAINING Pub. L. 116–315, title I, § 1105(b), Jan. 5, 2021, 134 Stat. 4964, as amended by Pub. L. 117–76, § 5(a), Dec. 21, 2021, 135 Stat. 1520, amended text temporarily added by Pub. L. 116–140, § 6(c)(1), formerly set out below. Pub. L. 116–140, § 6(c)(1), Apr. 28, 2020, 134 Stat. 633, which provided that during Mar. 1, 2020, to Dec. 21, 2021, the Secretary of Veterans Affairs would apply subsec. (a) by striking ‘‘or (e)’’ and inserting ‘‘(e), or (g)’’ and adding subsec. (g), relating to the twelve-year period of eligibility prescribed in subsec. (a), was repealed by Pub. L. 116–315, title I, § 1025(b), Jan. 5, 2021, 134 Stat. 4960. § 3104. Scope of services and assistance (a) Services and assistance which the Sec- retary may provide under this chapter, pursuant to regulations which the Secretary shall pre- scribe, include the following: (1) Evaluation, including periodic reevalua- tions as appropriate with respect to a veteran participating in a rehabilitation program, of the potential for rehabilitation of a veteran, including diagnostic and related services (A) to determine whether the veteran has an em- ployment handicap or a serious employment handicap and whether a vocational goal is rea- sonably feasible for such veteran, and (B) to provide a basis for planning a suitable voca- tional rehabilitation program or a program of services and assistance to improve the voca- tional rehabilitation potential or independent living status of such veteran, as appropriate. (2) Educational, vocational, psychological, employment, and personal adjustment coun- seling.