38 U.S.C. § 3023 — Payment of supplemental educational as-

Page 676 TITLE 38—VETERANS’ BENEFITS § 3023 Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective July 1, 1986, see section 702(b) of Pub. L. 98–525, set out as a note under section 3021 of this title. § 3023. Payment of supplemental educational as- sistance under this subchapter The Secretary shall increase the monthly basic educational assistance allowance paid to an individual who is entitled to supplemental educational assistance under this subchapter by the monthly amount of the supplemental edu- cational assistance to which the individual is entitled. (Added Pub. L. 98–525, title VII, § 702(a)(1), Oct. 19, 1984, 98 Stat. 2560, § 1423; amended Pub. L. 101–237, title IV, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3023, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.) Editorial Notes PRIOR PROVISIONS Prior section 3023 was renumbered section 5123 of this title. AMENDMENTS 1991—Pub. L. 102–83 renumbered section 1423 of this title as this section. 1989—Pub. L. 101–237 substituted ‘‘Secretary’’ for ‘‘Ad- ministrator’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective July 1, 1986, see section 702(b) of Pub. L. 98–525, set out as a note under section 3021 of this title. SUBCHAPTER IV—TIME LIMITATION FOR USE OF ELIGIBILITY AND ENTITLEMENT; GENERAL AND ADMINISTRATIVE PROVI- SIONS § 3031. Time limitation for use of eligibility and entitlement (a) Except as provided in subsections (b) through (g) and subsection (i), and subject to subsection (h), of this section, the period during which an individual entitled to educational as- sistance under this chapter may use such indi- vidual’s entitlement expires at the end of the 10- year period beginning on the date of such indi- vidual’s last discharge or release from active duty, except that such 10-year period shall begin— (1) in the case of an individual who becomes entitled to such assistance under clause (A) or (B) of section 3012(a)(1) of this title, on the later of the date of such individual’s last dis- charge or release from active duty or the date on which the four-year requirement described in clause (A)(ii) or (B)(ii), respectively, of such section 3012(a)(1) is met; (2) in the case of an individual who becomes entitled to such assistance under section 3011(a)(1)(B), on the later of the date of such individual’s last discharge or release from ac- tive duty or January 1, 1990; and (3) in the case of an individual who becomes entitled to such assistance under section 3011(a)(1)(C) or 3012(a)(1)(C) of this title, on De- cember 27, 2001. (b) In the case of any eligible individual who has been prevented, as determined by the Sec- retary, from pursuing a program of education under this chapter within the 10-year period pre- scribed by subsection (a) of this section because such individual had not met the nature of dis- charge requirement of this chapter before the nature of such individual’s discharge or release was changed by appropriate authority, such 10- year period shall not run during the period of time that such individual was so prevented from pursuing such program of education. (c) In the case of an individual eligible for edu- cational assistance under the provisions of this chapter who, after such individual’s last dis- charge or release from active duty, was detained by a foreign government or power, the 10-year period described in subsection (a) of this section shall not run (1) while such individual is so de- tained, or (2) during any period immediately fol- lowing such individual’s release from such de- tention during which such individual is hospital- ized at a military, civilian, or Department of Veterans Affairs medical facility. (d)(1) In the case of an individual eligible for educational assistance under this chapter who is prevented from pursuing the individual’s chosen program of education before the expiration of the 10-year period for the use of entitlement under this chapter otherwise applicable under this section because of a physical or mental dis- ability which is not the result of the individual’s own willful misconduct, such 10-year period— (A) shall not run during the period the indi- vidual is so prevented from pursuing such pro- gram; and (B) shall again begin running on the first day after the individual’s recovery from such disability on which it is reasonably feasible, as determined under regulations prescribed by the Secretary, for the individual to initiate or resume pursuit of a program of education with educational assistance under this chapter. (2)(A) Subject to subparagraph (B), in the case of an individual eligible for educational assist- ance under this chapter who is prevented from pursuing the individual’s chosen program of edu- cation before the expiration of the 10-year pe- riod for the use of entitlement under this chap- ter otherwise applicable under this section by reason of acting as the primary provider of per- sonal care services for a veteran or member of the Armed Forces under section 1720G(a) of this title, such 10-year period— (i) shall not run during the period the indi- vidual is so prevented from pursuing such pro- gram; and (ii) shall again begin running on the first day after the date of the recovery of the vet- eran or member from the injury, or the date on which the individual ceases to be the pri- mary provider of personal care services for the veteran or member, whichever is earlier, on which it is reasonably feasible, as so deter- mined, for the individual to initiate or resume pursuit of a program of education with edu- cational assistance under this chapter. (B) Subparagraph (A) shall not apply with re- spect to the period of an individual as a primary