U.S. Code, Title 38, Veterans’ Benefits

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Author: "U.S. Congress, Office of the Law Revision Counsel"

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§ 3511. Duration of Educational Assistance

     (a)(1) Each eligible person shall be entitled to educational assistance under this chapter for a period not in excess of 45 months (or to the equivalent thereof in part-time training).

     (2)(A) Notwithstanding any other provision of this chapter or chapter 36 of this title, any payment of an educational assistance allowance described in subparagraph (B) of this paragraph shall not—

     (i) be charged against the entitlement of any individual under this chapter; or

     (ii) be counted toward the aggregate period for which section 3695 of this title limits an individual’s receipt of assistance.

     (B) The payment of the educational assistance allowance referred to in subparagraph (A) of this paragraph is the payment of such an allowance to an individual for pursuit of a course or courses under this chapter if the Secretary finds that the individual—

     (i) had to discontinue such course pursuit as a result of being ordered, in connection with the Persian Gulf War, to serve on active duty under section 672(a), (d), or (g), 673, 673b,1 or 688 of title 10; and

1 See References in Text note below.

     (ii) failed to receive credit or training time toward completion of the individual’s approved educational, professional, or vocational objective as a result of having to discontinue, as described in clause (i) of this subparagraph, his or her course pursuit.

     (C) The period for which, by reason of this subsection, an educational assistance allowance is not charged against entitlement or counted toward the applicable aggregate period under section 3695 of this title shall not exceed the portion of the period of enrollment in the course or courses for which the individual failed to receive credit or with respect to which the individual lost training time, as determined under subparagraph (B)(ii) of this paragraph.

     (b) If any eligible person pursuing a program of education, or of special restorative training, under this chapter ceases to be an "eligible person" because—

     (1) the parent or spouse from whom eligibility is derived is found no longer to have a "total disability permanent in nature", as defined in section 3501(a)(8) of this title,

     (2) the parent or spouse from whom eligibility is derived based upon the provisions of section 3501(a)(1)(A)(iii) or 3501(a)(1)(C) of this title is no longer listed in one of the categories specified therein, or

     (3) the spouse, as an eligible person under section 3501(a)(1)(D) of this title, is divorced, without fault on such person’s part, from the person upon whose disability such person’s eligibility is based,

then such eligible person (if such person has sufficient remaining entitlement) may, nevertheless, be afforded educational assistance under this chapter until the end of the quarter or semester for which enrolled if the educational institution in which such person is enrolled is operated on a quarter or semester system, or if the educational institution is not so operated until the end of the course, or until 12 weeks have expired, whichever first occurs.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1194, § 1711; Pub. L. 88–361, § 2, July 7, 1964, 78 Stat. 297; Pub. L. 89–358, § 4(k), Mar. 3, 1966, 80 Stat. 24; Pub. L. 90–631, §§ 1(c), 2(d), Oct. 23, 1968, 82 Stat. 1331, 1332; Pub. L. 91–24, § 9(b), June 11, 1969, 83 Stat. 34; Pub. L. 91–584, § 2, Dec. 24, 1970, 84 Stat. 1575; Pub. L. 94–502, title III, §§ 303, 310(6), Oct. 15, 1976, 90 Stat. 2390, 2391; renumbered § 3511 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102–127, § 2(c), Oct. 10, 1991, 105 Stat. 620.)

References in Text

     Sections 672, 673, and 673b of title 10, referred to in subsec. (a)(2)(B)(i), were renumbered sections 12301, 12302, and 12304, respectively, of Title 10, Armed Forces, by Pub. L. 103–337, div. A, title XVI, § 1662(e)(2), Oct. 5, 1994, 108 Stat. 2992. A new section 672 of Title 10 was enacted by section 1662(e)(4) of Pub. L. 103–337.

Amendments

     1991—Pub. L. 102–83, § 5(a), renumbered section 1711 of this title as this section.

     Subsec. (a). Pub. L. 102–127 designated existing provisions as par. (1) and added par. (2).

     Subsec. (b). Pub. L. 102–83, § 5(c)(1), substituted "3501(a)(8)" for "1701(a)(8)" in par. (1), "3501(a)(1)(A)(iii) or 3501(a)(1)(C)" for "1701(a)(1)(A)(iii) or 1701(a)(1)(C)" in par. (2), and "3501(a)(1)(D)" for "1701(a)(1)(D)" in par. (3).

     1976—Subsec. (a). Pub. L. 94–502, § 303(1), substituted "45 months" for "thirty-six months".

     Subsec. (b). Pub. L. 94–502, §§ 303(2), 310(6), substituted "the spouse" for "she", "such person’s" for "her" in two places, "such person" for "he or she" in two places, and "12 weeks" for "nine weeks".

     1970—Subsec. (b). Pub. L. 91–584 added par. (2), redesignated former par. (2) as (3), and substituted "1701(a)(1)(D)" for "1701(a)(1)(C)".

     1969—Subsec. (b)(1). Pub. L. 91–24 substituted "section 1701(a)(8) of this title" for "section 1701(a)(10) of this title".

     1968—Subsec. (b). Pub. L. 90–631, §§ 1(c), 2(d), redesignated subsec. (d) as (b) and extended applicability of subsec. from any child pursuing a program of education or training to any eligible person pursuing such program, and expanded causes of persons ceasing to be "eligible persons" to include spouses no longer found to have a "total disability permanent in nature" as defined under section 1701(a)(10) of this title, and the individual, as an eligible person under section 1701(a)(1)(C) of this title, is divorced, without fault on her part, from the person upon whose disability her eligibility is based. Former subsec. (b), setting forth reductions in the period of entitlement of an eligible person, was struck out.

     Subsec. (c). Pub. L. 90–631, § 1(c), struck out subsec. (c) which required an eligible person to elect either educational assistance or vocational rehabilitation when such person is entitled to both, or becomes entitled to vocational rehabilitation after receiving educational assistance.

     Subsec. (d). Pub. L. 90–631, § 1(c), redesignated subsec. (d) as (b).

     1966—Subsec. (b). Pub. L. 89–358 substituted "34" for "33" and inserted "or under chapter 33 of this title as in effect before February 1, 1965".

     1964—Subsec. (d). Pub. L. 88–361 added subsec. (d).

Effective Date of 1976 Amendment

     Amendment by sections 303 and 310(6) of Pub. L. 94–502 effective Oct. 1, 1976, and Oct. 15, 1976, respectively, see section 703(a), (b) of Pub. L. 94–502, set out as an Effective Date note under section 3693 of this title.

Effective Date of 1968 Amendment

     Amendment by Pub. L. 90–631 effective first day of second calendar month which begins after Oct. 23, 1968, see section 6(a) of Pub. L. 90–631, set out as an Effective Date note under section 3500 of this title.

Section Referred to in Other Sections

     This section is referred to in sections 3512, 3533, 3541 of this title.

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Chicago: "U.S. Congress, Office of the Law Revision Counsel", "§ 3511. Duration of Educational Assistance," U.S. Code, Title 38, Veterans’ Benefits in U.S. Code, Title 38, Veterans’ Benefits (Washington, D.C.: Government Printing Office, 2002), Original Sources, accessed September 24, 2018, http://www.originalsources.com/Document.aspx?DocID=D973ZS1W1DPI49R.

MLA: "U.S. Congress, Office of the Law Revision Counsel". "§ 3511. Duration of Educational Assistance." U.S. Code, Title 38, Veterans’ Benefits, in U.S. Code, Title 38, Veterans’ Benefits, Washington, D.C., Government Printing Office, 2002, Original Sources. 24 Sep. 2018. www.originalsources.com/Document.aspx?DocID=D973ZS1W1DPI49R.

Harvard: "U.S. Congress, Office of the Law Revision Counsel", '§ 3511. Duration of Educational Assistance' in U.S. Code, Title 38, Veterans’ Benefits. cited in 2002, U.S. Code, Title 38, Veterans’ Benefits, Government Printing Office, Washington, D.C.. Original Sources, retrieved 24 September 2018, from http://www.originalsources.com/Document.aspx?DocID=D973ZS1W1DPI49R.