38 U.S.C. § 3103 — Periods of eligibility

(a) Unless subsection (b), (c), (d), (e), (g), or (h) provides otherwise, a veteran^* may not receive a rehabilitation program^* under this chapter after the 12-year period beginning on the date of discharge or release^* from active military, naval, air, or space service^*. (b) (1) If a medical condition made participation infeasible and the Secretary^* determines that it prevented participation during the eligibility period, the 12-year clock does not run during that time. It starts again on the first day after recovery when participation is reasonably feasible under the Secretary’s regulations. (2) The clock also does not run while the veteran was prevented from participating because the veteran lacked a qualifying discharge until the discharge was changed or the Secretary determined it was under conditions other than dishonorable, or because a discharge or dismissal barred benefits under section 5303 until the Secretary determined it was not a bar. (3) The clock does not run while the veteran was prevented from participating because the veteran had not established a service-connected^* disability rated at least 10 percent. (c) If the Secretary finds that a veteran needs services to overcome a serious employment handicap^*, the veteran may receive vocational rehabilitation after the normal period if the Secretary also finds an extension necessary based on the current handicap and need, and finds one of these conditions: (1) the veteran was never rehabilitated to employability; (2) the veteran was rehabilitated to employability but services are needed because a worsening service-connected disability prevents the trained occupation, or that occupation no longer suits the current handicap and abilities; or (3) under regulations, an extension is needed to accomplish the rehabilitation program’s purposes. (d) If the Secretary finds the disabilities so severe that a vocational goal^* is not currently reasonably feasible, the veteran may receive independent-living services under section 3120 after the normal period if an extension is needed to achieve maximum independence in daily life. (e) (1) The subsection (a) limit does not apply to the program in paragraph (2). (2) That program is one the veteran pursues under section 3102(b). (f) If active duty^* ordered under any of the listed sections of title 10 prevented participation, the eligibility period does not run during that service plus 4 months. (g) Subsection (a) does not apply to a veteran discharged or released from active military, naval, or air service on or after January 1, 2013. (h) (1) If a qualified veteran cannot participate during the subsection (a) period because of a covered reason determined by the Secretary, the period does not run while participation is prevented. It starts again on a date the Secretary chooses that is no earlier than the first day the veteran can resume and no later than 90 days after that day. (2) A covered reason is the temporary or permanent closure of an educational institution because of an emergency or another reason determined by the Secretary to prevent participation. This section also contains a second subsection (h): if an emergency situation^* prevented participation during the 12-year period, that period does not run during the prevention and starts again the first day after the individual can resume participation.