§ 3103. — Periods of eligibility.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 38USC3103]
TITLE 38--VETERANS' BENEFITS
PART III--READJUSTMENT AND RELATED BENEFITS
CHAPTER 31--TRAINING AND REHABILITATION FOR VETERANS WITH SERVICE-
CONNECTED DISABILITIES
Sec. 3103. Periods of eligibility
(a) Except as provided in subsection (b), (c), or (d) 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,
or air 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, or air 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) 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, or 12304 of
title 10, such period of eligibility shall not run for the period of
such active duty service plus four months.
(Added Pub. L. 96-466, title I, Sec. 101(a), Oct. 17, 1980, 94 Stat.
2173, Sec. 1503; amended Pub. L. 99-576, title III, Sec. 333(b)(2), Oct.
28, 1986, 100 Stat. 3279; Pub. L. 101-237, title IV, Sec. 423(b)(1)(A),
Dec. 18, 1989, 103 Stat. 2092; Pub. L. 102-40, title IV, Sec. 402(d)(1),
May 7, 1991, 105 Stat. 239; renumbered Sec. 3103 and amended, Pub. L.
102-83, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 103-446,
title XII, Sec. 1201(d)(8), Nov. 2, 1994, 108 Stat. 4684; Pub. L. 104-
275, title I, Sec. 101(c), Oct. 9, 1996, 110 Stat. 3324; Pub. L. 107-
103, title I, Sec. 103(c)(2), Dec. 27, 2001, 115 Stat. 979; Pub. L. 107-
330, title III, Sec. 308(h), Dec. 6, 2002, 116 Stat. 2829.)
Prior Provisions
Prior section 3103 was renumbered section 5303 of this title.
Amendments
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, Sec. 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, Sec. 101(c)(2)(A), substituted
``current'' for ``particular'' in introductory provisions.
Subsec. (c)(2). Pub. L. 104-275, Sec. 101(c)(2)(B), substituted
``veteran's current employment'' for ``veteran's employment''.
Subsec. (d). Pub. L. 104-275, Sec. 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, Sec. 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, Sec. 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''.
Effective Date of 2002 Amendment
Pub. L. 107-330, title III, Sec. 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 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.
