38 U.S.C. § 5113 — Effective dates of educational benefits

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’’. Subsec. (c). Pub. L. 102–40, § 402(d)(1), substituted ‘‘5503(b)(1)(A)’’ for ‘‘3203(b)(1)(A)’’. 1986—Subsec. (b)(6). Pub. L. 99–576, § 701(64), sub- stituted ‘‘the payee’s’’ for ‘‘his’’. Subsec. (c). Pub. L. 99–576, § 503, added subsec. (c). 1982—Subsec. (b)(2). Pub. L. 97–253 substituted ‘‘month’’ for ‘‘calendar year’’. 1978—Subsec. (b)(4). Pub. L. 95–588 restructured sub- section and, as so restructured, provided that the effec- tive date of a change in compensation by reason of a change in income would be the last day of the month in which the change occurred rather than the last day in the calendar year in which such change in income occurred. 1976—Subsec. (b)(2). Pub. L. 94–433, § 402(1), inserted ‘‘annulment,’’ before ‘‘divorce’’ in two places. Subsec. (b)(9). Pub. L. 94–433, § 402(2), substituted ‘‘the beneficiary’s’’ for ‘‘his’’ before ‘‘knowledge’’. 1971—Subsec. (b)(2). Pub. L. 92–198 substituted ‘‘last day of the calendar year’’ for ‘‘last day of the month’’. 1968—Subsec. (b)(4). Pub. L. 90–275 struck out excep- tion which provided that where change in income is due to an increase in payments under a public or private re- tirement plan the effective date of the resulting reduc- tion or discontinuance shall be the last day of the cal- endar year in which the change occurred. 1966—Subsec. (b)(4). Pub. L. 89–730 provided for excep- tion that where change in income is due to an increase in payments under a public or private retirement plan the effective date of the resulting reduction or dis- continuance shall be the last day of the calendar year in which the change occurred. 1962—Subsecs. (b), (c). Pub. L. 87–825 redesignated subsec. (c) as (b), amended such subsec. generally, and among other changes, inserted provisions relating to the marriage, divorce, or death of a dependent of a payee, the change in income or corpus of an estate, the change in disability or employability of a veteran, the change in law or administrative issue of service-con- nected or employability status or physical condition, the discontinuance of school attendance, the termi- nation of a temporary increase in compensation for hospitalization or treatment, an erroneous award based on an act or omission of the beneficiary or with his knowledge, and an erroneous award based solely on ad- ministrative error or error in judgment, changed the ef- fective date by reason of death, or by reason of mar- riage or remarriage, from the date of death, or the day before the date of marriage or remarriage, respectively, to the last day of the month before such death, mar- riage or remarriage occurs, and eliminated provisions relating to attaining age 18 or 21, as applicable, and to fraud on the part of the beneficiary or with his knowl- edge. Former subsec. (b), which related to the effective date of a reduction or discontinuance in rates, of a compensation, dependency and indemnity compensa- tion, or a pension award, was struck out. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1982 AMENDMENT Pub. L. 97–253, title IV, § 402(b), Sept. 8, 1982, 96 Stat. 802, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall apply with re- spect to any marriage, annulment, divorce, or death that occurs after September 30, 1982.’’ EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–588 effective Jan. 1, 1979, see section 401 of Pub. L. 95–588, set out as a note under section 101 of this title. EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94–433 effective Oct. 1, 1976, see section 406 of Pub. L. 94–433, set out as a note under section 1101 of this title. EFFECTIVE DATE OF 1971 AMENDMENT Amendment by Pub. L. 92–198 effective Jan. 1, 1972, see section 6 of Pub. L. 92–198, set out as a note under section 1521 of this title. EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90–275 effective first day of first calendar month following month of initial pay- ment of increases in monthly insurance benefits pro- vided by Social Security Amendments of 1967, see sec- tion 6(b) of Pub. L. 90–275, set out as a note under sec- tion 1521 of this title. EFFECTIVE DATE OF 1966 AMENDMENT Amendment by Pub. L. 89–730 effective first day of second calendar month following Nov. 2, 1966, see sec- tion 7(a) of Pub. L. 89–730, set out as a note under sec- tion 1315 of this title. EFFECTIVE DATE OF 1962 AMENDMENT Amendment by Pub. L. 87–825 effective first day of second calendar month which begins after Oct. 15, 1962, see section 7 of Pub. L. 87–825, set out as a note under section 110 of this title. RULE OF CONSTRUCTION Amendment by Pub. L. 117–168 not to be construed to apply section 5104(a) of this title to decisions of the Board of Veterans’ Appeals under chapter 71 of this title, see section 807(b) of Pub. L. 117–168, set out as a note under section 5100 of this title. § 5113. Effective dates of educational benefits (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 chap- ter 106 of title 10 shall, to the extent feasible, correspond to effective dates relating to awards of disability compensation. Page 1047 TITLE 38—VETERANS’ BENEFITS § 5113 (b)(1) When determining the effective date of an award under chapter 35 of this title for an in- dividual 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 eli- gibility 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 ap- plication for educational assistance under chapter 35 of this title within one year of the date that the Secretary makes the rating deci- sion; (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 edu- cational assistance for such course pursuit if the individual had submitted such an applica- tion on the individual’s eligibility date. (3) In this subsection: (A) The term ‘‘eligibility date’’ means the date on which an individual becomes an eligi- ble 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. (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 ben- efits under any chapter referred to in subsection (a) of this section, if made on the basis of a cer- tification made by the veteran or person and ac- cepted by the Secretary under section 3680(g) of this title, shall be the date of the change. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1227, § 3013; Pub. L. 89–358, § 4(p), Mar. 3, 1966, 80 Stat. 25; Pub. L. 99–576, title III, § 321(10), Oct. 28, 1986, 100 Stat. 3278; Pub. L. 100–322, title III, § 323, May 20, 1988, 102 Stat. 536; Pub. L. 101–237, title IV, § 419, Dec. 18, 1989, 103 Stat. 2087; Pub. L. 102–16, § 10(a)(9), Mar. 22, 1991, 105 Stat. 56; renumbered § 5113, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102–83, § 5(c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 106–419, title I, § 113(a), Nov. 1, 2000, 114 Stat. 1832; Pub. L. 109–444, § 3(c)(2), Dec. 21, 2006, 120 Stat. 3307; Pub. L. 109–461, title III, § 301(c)(2), title X, § 1006(b), Dec. 22, 2006, 120 Stat. 3427, 3468; Pub. L. 116–283, div. A, title IX, § 926(a)(54), Jan. 1, 2021, 134 Stat. 3830.) Editorial Notes AMENDMENTS 2021—Subsec. (b)(3)(C). Pub. L. 116–283 substituted ‘‘air, or space service’’ for ‘‘or air service’’. 2006—Pub. L. 109–461, § 1006(b), provided that as of the enactment of Pub. L. 109–461, the amendments made by Pub. L. 109–444 were deemed for all purposes not to have taken effect and that Pub. L. 109–444 ceased to be in ef- fect. See Amendment notes below and section 1006(b) of Pub. L. 109–461, set out as a Coordination of Provisions With Pub. L. 109–444 note under section 101 of this title. Subsec. (b)(3)(B). Pub. L. 109–461, § 301(c)(2)(A), sub- stituted ‘‘subparagraphs (A), (B), (D), and (E) of section 3501(a)(1) of this title.’’ for ‘‘section 3501(a)(1) of this title under subparagraph (A)(i), (A)(ii), (B), or (D) of such section by reason of either (i) the service-con- nected death or (ii) service-connected total disability permanent in nature of the veteran from whom such eligibility is derived.’’ Pub. L. 109–444, § 3(c)(2)(A), which substituted ‘‘sub- paragraphs (A), (B), (D), and (E) of section 3501(a)(1) of this title.’’ for ‘‘section 3501(a)(1) of this title under subparagraph (A)(i), (A)(ii), (B), or (D) of such section by reason of either (i) the service-connected death or (ii) service-connected total disability permanent in na- ture of the veteran from whom such eligibility is de- rived.’’, was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above. Subsec. (b)(3)(C). Pub. L. 109–461, § 301(c)(2)(B), sub- stituted ‘‘the death of the person from whom such eligi- bility is derived’’ for ‘‘such veteran’s death’’ and ‘‘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, or air service) of the person from whom such eligibility is derived’’ for ‘‘such veteran’s service- connected total disability permanent in nature’’. Pub. L. 109–444, § 3(c)(2)(B), which substituted ‘‘the death of the person from whom such eligibility is de- rived’’ for ‘‘such veteran’s death’’ and ‘‘the service-con- nected 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, or air service) of the person from whom such eligibility is derived’’ for ‘‘such veteran’s service- connected total disability permanent in nature’’, was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above. 2000—Subsec. (a). Pub. L. 106–419, § 113(a)(2), sub- stituted ‘‘subsections (b) and (c)’’ for ‘‘subsection (b) of this section’’. Subsecs. (b), (c). Pub. L. 106–419, § 113(a)(1), (3), added subsec. (b) and redesignated former subsec. (b) as (c). 1991—Pub. L. 102–40 renumbered section 3013 of this title as this section. Subsec. (a). Pub. L. 102–16 inserted ‘‘or chapter 106 of title 10’’ after ‘‘of this title’’. Subsec. (b). Pub. L. 102–83 substituted ‘‘3680(g)’’ for ‘‘1780(g)’’. 1989—Pub. L. 101–237 designated existing provisions as subsec. (a), substituted ‘‘Except as provided in sub- section (b) of this section, effective’’ for ‘‘Effective’’, and added subsec. (b). 1988—Pub. L. 100–322 inserted reference to chapter 32. 1986—Pub. L. 99–576 inserted reference to chapter 30. 1966—Pub. L. 89–358 substituted ‘‘34’’ for ‘‘33’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2006 AMENDMENT Amendment by section 301(c)(2) of Pub. L. 109–461 ap- plicable with respect to a payment of educational as- sistance for a course of education pursued after Dec. 22, 2006, see section 301(d) of Pub. L. 109–461, set out as a note under section 3501 of this title. EFFECTIVE DATE OF 2000 AMENDMENT Pub. L. 106–419, title I, § 113(b), Nov. 1, 2000, 114 Stat. 1832, provided that: ‘‘The amendments made by sub- Page 1048 TITLE 38—VETERANS’ BENEFITS § 5120 section (a) [amending this section] shall apply to appli- cations first made under section 3513 of title 38, United States Code, that— ‘‘(1) are received on or after the date of the enact- ment of this Act [Nov. 1, 2000]; or ‘‘(2) on the date of the enactment of this Act, are pending (A) with the Secretary of Veterans Affairs, or (B) exhaustion of available administrative and judi- cial remedies.’’ SUBCHAPTER III—PAYMENT OF BENEFITS § 5120. Payment of benefits; delivery (a) Monetary benefits under laws administered by the Secretary shall be paid by checks drawn, pursuant to certification by the Secretary, in such form as to protect the United States against loss, and payable by the Treasurer of the United States. Such checks shall be payable without separate vouchers or receipts except in any case in which the Secretary may consider a voucher necessary for the protection of the Gov- ernment. Such checks shall be transmitted by mail to the payee thereof at the payee’s last known address and, if the payee has moved and filed a regular change of address notice with the United States Postal Service, shall be forwarded to the payee. The envelope or cover of each such checks shall bear on the face thereof the fol- lowing notice: ‘‘POSTMASTER: PLEASE FOR- WARD if addressee has moved and filed a reg- ular change-of-address notice. If addressee is de- ceased, return the letter with date of death, if known.’’ (b) Postmasters, delivery clerks, letter car- riers, and all other postal employees are prohib- ited from delivering any mail addressed by the United States and containing any such check to any person whomsoever if such person has died or in the case of a surviving spouse, if the postal employee believes that the surviving spouse has remarried (unless the mail is addressed to the surviving spouse in the name the surviving spouse has acquired by the remarriage). The pre- ceding sentence shall apply in the case of checks in payment of benefits other than pension, com- pensation, dependency and indemnity compensa- tion, and insurance, only insofar as the Sec- retary deems it necessary to protect the United States against loss. (c) Whenever mail is not delivered because of the prohibition of subsection (b), such mail shall be returned forthwith by the postmaster with a statement of the reason for so doing, and if be- cause of death or remarriage, the date thereof, if known. Checks returned under this subsection because of death or remarriage shall be can- celed. (d) Notwithstanding subsection (a) of this sec- tion, pursuant to an agreement with the Depart- ment of the Treasury under which the Secretary certifies such benefits for payment, monetary benefits under laws administered by the Sec- retary may be paid other than by check upon the written request of the person to whom such benefits are to be paid, if such noncheck pay- ment is determined by the Secretary to be in the best interest of such payees and the manage- ment of monetary benefits programs by the De- partment. (e) Whenever the first day of any calendar month falls on a Saturday, Sunday, or legal pub- lic holiday (as defined in section 6103 of title 5), the Secretary shall, to the maximum extent practicable, certify benefit payments for such month in such a way that such payments will be delivered by mail, or transmitted for credit to the payee’s account pursuant to subsection (d) of this section, on the Friday immediately pre- ceding such Saturday or Sunday, or in the case of a legal holiday, the weekday (other than Sat- urday) immediately preceding such legal public holiday, notwithstanding that such delivery or transmission of such payments is made in the same calendar month for which such payments are issued. (f)(1) In the case of a payee who does not have a mailing address, payments of monetary bene- fits under laws administered by the Secretary shall be delivered under an appropriate method prescribed pursuant to paragraph (2) of this sub- section. (2) The Secretary shall prescribe an appro- priate method or methods for the delivery of payments of monetary benefits under laws ad- ministered by the Secretary in cases described in paragraph (1) of this subsection. To the max- imum extent practicable, such method or meth- ods shall be designed to ensure the delivery of payments in such cases. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1227, § 3020; Pub. L. 95–117, title IV, § 402(a), (b)(1), Oct. 3, 1977, 91 Stat. 1065, 1066; Pub. L. 97–295, § 4(73), Oct. 12, 1982, 96 Stat. 1310; Pub. L. 99–570, title XI, § 11007(a)(2), Oct. 27, 1986, 100 Stat. 3207–170; Pub. L. 99–576, title VII, § 701(65), Oct. 28, 1986, 100 Stat. 3296; renumbered § 5120, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102–83, § 4(a)(1), (3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403–405.) Editorial Notes AMENDMENTS 1991—Pub. L. 102–40 renumbered section 3020 of this title as this section. Subsec. (a). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Secretary’’ for ‘‘Administrator’’ in two places. Pub. L. 102–83, § 4(a)(1), substituted ‘‘administered by the Secretary’’ for ‘‘administered by the Veterans’ Ad- ministration’’. Subsec. (b). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Secretary’’ for ‘‘Administrator’’. Subsec. (d). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Secretary’’ for ‘‘Administrator’’ in two places. Pub. L. 102–83, § 4(a)(3), (4), substituted ‘‘Department’’ for ‘‘Veterans’ Administration’’ before period at end. Pub. L. 102–83, § 4(a)(1), substituted ‘‘administered by the Secretary’’ for ‘‘administered by the Veterans’ Ad- ministration’’. Subsec. (e). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Secretary’’ for ‘‘Administrator’’. Subsec. (f)(1). Pub. L. 102–83, § 4(a)(1), substituted ‘‘ad- ministered by the Secretary’’ for ‘‘administered by the Veterans’ Administration’’. Subsec. (f)(2). Pub. L. 102–83, § 4(b)(1), (2)(E), sub- stituted ‘‘Secretary’’ for ‘‘Administrator’’. Pub. L. 102–83, § 4(a)(1), substituted ‘‘administered by the Secretary’’ for ‘‘administered by the Veterans’ Ad- ministration’’. 1986—Subsec. (a). Pub. L. 99–576, § 701(65)(A), sub- stituted ‘‘the payee’s’’ for ‘‘his’’, and ‘‘the payee’’ for ‘‘he’’ and ‘‘him’’ in third sentence. Subsec. (b). Pub. L. 99–576, § 701(65)(B), substituted ‘‘such person’’ for ‘‘he’’, ‘‘surviving spouse’’ for ‘‘widow’’, ‘‘the surviving spouse’’ for ‘‘she’’ in two