38 USC 3103 - Periods of eligibility

U.S Code last checked for updates: May 02, 2024

§ 3103.

Periods of eligibility

(a)

Except as provided in subsection (b), (c), (d), (e), (g), or (h) 1

 See References in Text note below.

of this section, a rehabilitation 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 veteran’s discharge or release from active military, naval, air, or space service.

(b)

(1)

In any case in which the Secretary determines that a veteran has been prevented from participating in a vocational rehabilitation program under this chapter within the period of eligibility prescribed in subsection (a) of this section because a medical condition of such veteran made it infeasible for such veteran to participate 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 feasible, as determined under regulations which the Secretary shall prescribe, for such veteran to participate in such a program.

(2)

(A)

such veteran had not met the requirement 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 prescribed by the Secretary, that such discharge or release was under conditions other than dishonorable, 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 determines that a veteran has been prevented from participating in a vocational rehabilitation program under this chapter within the period of eligibility prescribed in subsection (a) of this section because such veteran had not established the existence of a service-connected disability rated at 10 percent or more, the twelve-year period of eligibility shall not run during the period such veteran was so prevented from participating in such a program.

(c)

In any case in which the Secretary determines that a veteran is in need of services to overcome a serious employment handicap, such veteran may be afforded a vocational rehabilitation program after the expiration of the period of eligibility otherwise applicable to such veteran if the Secretary also determines, on the basis of such veteran’s current employment handicap and need for such services, that an extension 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 employability;

(2)

that such veteran had previously been rehabilitated to the point of employability but (A) the need for such services had arisen out of a worsening of such veteran’s service-connected 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 suitable in view of such veteran’s current employment 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 determined that a veteran’s disability or disabilities are so severe that the achievement of a vocational goal currently is not reasonably feasible, such veteran may be afforded a program of independent living services and assistance in accordance 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 extension of the period of eligibility of such veteran is necessary for such veteran to achieve maximum 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 determined that a veteran was prevented from participating in a vocational rehabilitation program under this chapter within the period of eligibility 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 period 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 military, naval, or air service on or after January 1, 2013.

(h)

(1)

 So in original. Two subsecs. (h) have been enacted.

In the case of a veteran who is eligible for a vocational rehabilitation program under this chapter and who is prevented from participating in the vocational rehabilitation program within the period of eligibility prescribed in subsection (a) because of a covered reason, as determined by the Secretary, such period of eligibility—

(A)

shall not run during the period the veteran is so prevented from participating in such program; and

(B)

shall again begin running on a date determined 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 rehabilitation program, as determined by the Secretary.

(h)

(1)

shall not run during the period the individual is so prevented from participating 3

 So in original. Probably should be followed by “in”.

such program; and

(2)

shall again begin running on the first day after the individual is able to resume participation in such program.

(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.)

cite as: 38 USC 3103