38-U.S.C.-5113
§5113 – Effective Dates of Educational Benefits
Pathway
Title 38 > Part IV > Chapter 51 > Subchapter II > Section 5113
Details
- Reference: Section 5113
- Legend: §5113 – Effective Dates of Educational Benefits
- USCode Year: 2013
Provision Content
(a) Except as provided in subsections (b) and (c), effective dates relating to awards under chapters 30, 31, 32, 34, and 35 of this title or chapter 106 of title 10 shall, to the extent feasible, correspond to effective dates relating to awards of disability compensation.
(b)(1) When determining the effective date of an award under chapter 35 of this title for an individual described in paragraph (2) based on an original claim, the Secretary may consider the individuals application as having been filed on the eligibility date of the individual if that eligibility date is more than one year before the date of the initial rating decision.
(2) An individual referred to in paragraph (1) is an eligible person who—
(A) submits to the Secretary an original application for educational assistance under chapter 35 of this title within one year of the date that the Secretary makes the rating decision;
(B) claims such educational assistance for pursuit of an approved program of education during a period preceding the one-year period ending on the date on which the application was received by the Secretary; and
(C) would have been entitled to such educational assistance for such course pursuit if the individual had submitted such an application on the individuals eligibility date.
(3) In this subsection:
(A) The term eligibility date means the date on which an individual becomes an eligible person.
(B) The term eligible person has the meaning given that term under subparagraphs (A), (B), (D), and (E) of section 3501(a)(1) of this title.
(C) The term initial rating decision means with respect to an eligible person a decision made by the Secretary that establishes (i) service connection for the death of the person from whom such eligibility is derived or (ii) the existence of the service-connected total disability permanent in nature (or, in the case of a person made eligible under section 3501(a)(1)(E), the total disability permanent in nature incurred or aggravated in the line of duty in the active military, naval, or air service) of the person from whom such eligibility is derived, as the case may be.
(c) The effective date of an adjustment of benefits under any chapter referred to in subsection (a) of this section, if made on the basis of a certification made by the veteran or person and accepted by the Secretary under section 3680(g) of this title, shall be the date of the change.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1227, §3013; Pub. L. 89–358, §4(p), Mar. 3, 1966, 80 Stat. 25; Pub. L. 99–576, title III, §321(10), Oct. 28, 1986, 100 Stat. 3278; Pub. L. 100–322, title III, §323, May 20, 1988, 102 Stat. 536; Pub. L. 101–237, title IV, §419, Dec. 18, 1989, 103 Stat. 2087; Pub. L. 102–16, §10(a)(9), Mar. 22, 1991, 105 Stat. 56; renumbered §5113, Pub. L. 102–40, title IV, §402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102–83, §5(c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 106–419, title I, §113(a), Nov. 1, 2000, 114 Stat. 1832; Pub. L. 109–444, §3(c)(2), Dec. 21, 2006, 120 Stat. 3307; Pub. L. 109–461, title III, §301(c)(2), title X, §1006(b), Dec. 22, 2006, 120 Stat. 3427, 3468.)
Amendments
2006—Pub. L. 109–461, §1006(b), provided that as of the enactment of Pub. L. 109–461, the amendments made by Pub. L. 109–444 were deemed for all purposes not to have taken effect and that Pub. L. 109–444 ceased to be in effect. See Amendment notes below and section 1006(b) of Pub. L. 109–461, set out as a Coordination of Provisions With Pub. L. 109–444 note under section 101 of this title.
Subsec. (b)(3)(B). Pub. L. 109–461, §301(c)(2)(A), substituted subparagraphs (A), (B), (D), and (E) of section 3501(a)(1) of this title. for section 3501(a)(1) of this title under subparagraph (A)(i), (A)(ii), (B), or (D) of such section by reason of either (i) the service-connected death or (ii) service-connected total disability permanent in nature of the veteran from whom such eligibility is derived.
Pub. L. 109–444, §3(c)(2)(A), which substituted subparagraphs (A), (B), (D), and (E) of section 3501(a)(1) of this title. for section 3501(a)(1) of this title under subparagraph (A)(i), (A)(ii), (B), or (D) of such section by reason of either (i) the service-connected death or (ii) service-connected total disability permanent in nature of the veteran from whom such eligibility is derived., was terminated by Pub. L. 109–461, §1006(b). See Amendment notes above.
Subsec. (b)(3)(C). Pub. L. 109–461, §301(c)(2)(B), substituted the death of the person from whom such eligibility is derived for such veterans death and the service-connected total disability permanent in nature (or, in the case of a person made eligible under section 3501(a)(1)(E), the total disability permanent in nature incurred or aggravated in the line of duty in the active military, naval, or air service) of the person from whom such eligibility is derived for such veterans service-connected total disability permanent in nature.
Pub. L. 109–444, §3(c)(2)(B), which substituted the death of the person from whom such eligibility is derived for such veterans death and the service-connected total disability permanent in nature (or, in the case of a person made eligible under section 3501(a)(1)(E), the total disability permanent in nature incurred or aggravated in the line of duty in the active military, naval, or air service) of the person from whom such eligibility is derived for such veterans service-connected total disability permanent in nature, was terminated by Pub. L. 109–461, §1006(b). See Amendment notes above.
2000—Subsec. (a). Pub. L. 106–419, §113(a)(2), substituted subsections (b) and (c) for subsection (b) of this section.
Subsecs. (b), (c). Pub. L. 106–419, §113(a)(1), (3), added subsec. (b) and redesignated former subsec. (b) as (c).
1991—Pub. L. 102–40 renumbered section 3013 of this title as this section.
Subsec. (a). Pub. L. 102–16 inserted or chapter 106 of title 10 after of this title.
Subsec. (b). Pub. L. 102–83 substituted 3680(g) for 1780(g).
1989—Pub. L. 101–237 designated existing provisions as subsec. (a), substituted Except as provided in subsection (b) of this section, effective for Effective, and added subsec. (b).
1988—Pub. L. 100–322 inserted reference to chapter 32.
1986—Pub. L. 99–576 inserted reference to chapter 30.
1966—Pub. L. 89–358 substituted 34 for 33.
Effective Date of 2006 Amendment
Amendment by section 301(c)(2) of Pub. L. 109–461 applicable with respect to a payment of educational assistance for a course of education pursued after Dec. 22, 2006, see section 301(d) of Pub. L. 109–461, set out as a note under section 3501 of this title.
Effective Date of 2000 Amendment
Pub. L. 106–419, title I, §113(b), Nov. 1, 2000, 114 Stat. 1832, provided that: The amendments made by subsection (a) [amending this section] shall apply to applications first made under section 3513 of title 38, United States Code, that—
(1) are received on or after the date of the enactment of this Act [Nov. 1, 2000]; or
(2) on the date of the enactment of this Act, are pending (A) with the Secretary of Veterans Affairs, or (B) exhaustion of available administrative and judicial remedies.
U.S. Encyclopedia of Law Coverage
38-U.S.C.-5113 in the Legal Encyclopedia: Veterans
In this entry about 38-U.S.C.-5113, find legal reference material, bibliographies and premiere content related to veterans in the American Encyclopedia of Law, presenting a comprehensive view of the United States veterans-specific issues, written by authorities in the field.
38-U.S.C.-5101 in the Legal Encyclopedia: Benefits
In this entry about 38-U.S.C.-5101, find legal reference material, bibliographies and premiere content related to benefits in the American Encyclopedia of Law, presenting a comprehensive view of the United States benefits-specific issues, written by authorities in the field.
Chapter 51 – Claims, Effective Dates, and Payments in the Legal Encyclopedia: Administrative Provisions
In this entry about Chapter 51 – Claims, Effective Dates, and Payments, find legal reference material, bibliographies and premiere content related to administrative provisions in the American Encyclopedia of Law, presenting a comprehensive view of the United States administrative provisions-specific issues, written by authorities in the field.
Leave a Reply