§3103 — Title 38 Veterans' Benefits | U.S. Code

Summary

Veterans normally have a 12-year window after their date of discharge or release from active military, naval, air, or space service to get a vocational rehabilitation program under this law. That 12-year clock can be paused or changed in several specific situations. The clock stops while a veteran is unable to take part because of a medical condition (as the Secretary decides), because their discharge status was later changed to other-than-dishonorable, or because they had not yet shown a service-connected disability rated at 10 percent or more. If ordered to active duty under 10 U.S.C. 688, 12301(a), 12301(d), 12301(g), 12302, 12304, 12304a, or 12304b, the clock does not run during that service and for four months after. Veterans discharged on or after Jan. 1, 2013 are not subject to the 12-year limit. If a veteran needs more help to overcome a serious employment handicap, or needs independent living services because of severe disability, the Secretary can extend eligibility after the 12 years if certain conditions are met. Programs under section 3102(b) are not covered by the 12-year limit. In emergencies, like school closures, the period also pauses and restarts no earlier than the day the veteran can resume and no later than 90 days after that day.

Title 38, §3103

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(a)Except as provided in subsection (b), (c), (d), (e), (g), or (h) 11 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)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)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,

(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)22 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)2 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 12-year period of eligibility prescribed in subsection (a) due to an emergency situation, such 12-year period—

(1)shall not run during the period the individual is so prevented from participating 33 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.

Notes & Related Subsidiaries

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 reference. 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 prescribed 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 subsec. (a) because of a covered reason. 2021—Subsec. (a). Pub. L. 116–315, § 1025(a)(1), substituted “(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), substituted “in subsection (b), (c), (d), or (e)” for “in subsection (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 correction 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), substituted “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), substituted “veteran’s current employment” for “veteran’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 “section 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 AmendmentAmendment 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 Education and Benefits Expansion Act of 2001, Pub. L. 107–103, as originally enacted.

Effective Date

of 2001 AmendmentAmendment 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 Entitlement: 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.

§3103 Periods of eligibility

Summary

Title 38, §3103

Notes & Related Subsidiaries

Editorial Notes

References in Text

Prior Provisions

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

Effective Date

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