2019 US Code
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), (d), or (e) 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—

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—

(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.

(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.)

Prior section 3103 was renumbered section 5303 of this title.

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".

Amendment 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.

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.

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.

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.