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38 U.S.C. § 3232 — Duration; limitations

submitted 50 years ago by Pub. L. 94-502 to r/title-38-VETERANS-BENEFITS · 847 words · no verdicts yet

in plain englishAI-generated · not legal advice

Educational assistance generally ends 10 years after an eligible veteran’s last qualifying discharge or release. The section provides disability extensions, automatic disenrollment rules, refunds, and limits for test-related assistance.

(a) Time limit. (1) Unless paragraphs (2) and (3) provide otherwise, and subject to paragraph (4), an eligible veteran may not receive educational assistance under this chapter more than 10 years after the veteran’s last discharge or release from active duty. (2)(A) If a physical or mental disability not caused by the veteran’s willful misconduct prevented the veteran from starting or finishing the chosen education program during that period, the Secretary must extend the period for the amount of time the evidence shows the disability prevented that start or completion, if the veteran applies as paragraph (2)(B) requires. (B) The veteran must apply within one year after the later of (i) the normal end of the period, or (ii) the date the disability ends. (3) After an extension, the period starts running again on the first day after recovery when it is reasonably feasible, under the Secretary’s regulations, for the veteran to start or resume education with assistance. (4) A discharge or release after less than 90 continuous days of active duty does not count as the last discharge or release for paragraph (1), unless it was for a service-connected disability, a preexisting medical condition the Secretary finds not service-connected, hardship, or a reduction in force described in section 3011(a)(1)(A)(ii)(III). (b) Disenrollment and refunds. (1) An eligible veteran who has not used all or part of the entitlement by the end of the period in subsection (a), and has not filed a claim to use it within the following year, is automatically disenrolled. (2)(A) Contributions made by a disenrolled veteran that remain in the fund must be refunded after notice is sent and the veteran applies. (B) If the veteran does not apply within one year after notice is sent, the veteran’s whereabouts are presumed unknown, and the funds must be transferred to the Secretary for payments of entitlement earned under subchapter II of chapter 30. (c) Licensing or certification tests. (1) Subject to paragraph (3), assistance for a test described in section 3452(b) is the lesser of $2,000 or the test fee. (2) The months charged equal the total amount paid for the test divided by the full-time monthly institutional rate the person would otherwise receive under this chapter, including any fraction. (3) Payment may never exceed the person’s available entitlement. (d) National tests. (1) Subject to paragraph (3), assistance for a national admission test or a national test that can provide course credit at the institutions described in section 3452(b) equals the test fee. (2) The months charged equal the amount paid divided by the applicable full-time monthly institutional rate, including any fraction. (3) Payment may never exceed available entitlement.
the actual law source: uscode.house.gov ↗public domain
(a)
(1)

Except as provided in paragraphs (2) and (3), and subject to paragraph (4), of this subsection, educational assistance benefits shall not be afforded an eligible veteran under this chapter more than 10 years after the date of such veteran’s last discharge or release from active duty.

(2)
(A)

If any eligible veteran was prevented from initiating or completing such veteran’s chosen program of education during the delimiting period determined under paragraph (1) of this subsection because of a physical or mental disability which was not the result of such veteran’s own willful misconduct, such veteran shall, upon application made in accordance with subparagraph (B) of this paragraph, be granted an extension of the applicable delimiting period for such length of time as the Secretary determines, from the evidence, that such veteran was so prevented from initiating or completing such program of education.

(B)

An extension of the delimiting period applicable to an eligible veteran may be granted under subparagraph (A) of this paragraph by reason of the veteran’s mental or physical disability only if the veteran submits an application for such extension to the Secretary within one year after (i) the last date of the delimiting period otherwise applicable to the veteran under paragraph (1) of this subsection, or (ii) the termination date of the period of the veteran’s mental or physical disability, whichever is later.

(3)

When an extension of the applicable delimiting period is granted an eligible veteran under paragraph (2) of this subsection, the delimiting period with respect to such veteran shall again begin to run on the first day after such veteran’s recovery from such disability on which it is reasonably feasible, as determined in accordance with regulations prescribed by the Secretary, for such veteran to initiate or resume pursuit of a program of education with educational assistance under this chapter.

(4)

For purposes of paragraph (1) of this subsection, a veteran’s last discharge or release from active duty shall not include any discharge or release from a period of active duty of less than 90 days of continuous service unless the individual involved is discharged or released for a service-connected disability, for a medical condition which preexisted such service and which the Secretary determines is not service connected, for hardship, or as a result of a reduction in force as described in section 3011(a)(1)(A)(ii)(III) of this title.

(b)
(1)

In the event that an eligible veteran has not utilized any or all of such veteran’s entitlement by the end of the delimiting period applicable to the veteran under subsection (a) of this section and at the end of one year thereafter has not filed a claim for utilizing such entitlement, such eligible veteran is automatically disenrolled.

(2)
(A)

Any contributions which were made by a veteran disenrolled under paragraph (1) of this subsection and remain in the fund shall be refunded to the veteran after notice of disenrollment is transmitted to the veteran and the veteran applies for such refund.

(B)

If no application for refund of contributions under subparagraph (A) of this paragraph is received from a disenrolled veteran within one year after the date the notice referred to in such subparagraph is transmitted to the veteran, it shall be presumed that the veteran’s whereabouts is unknown and the funds shall be transferred to the Secretary for payments for entitlement earned under subchapter II of chapter 30.

(c)
(1)

Subject to paragraph (3), the amount of educational assistance payable under this chapter for a licensing or certification test described in section 3452(b) of this title is the lesser of $2,000 or the fee charged for the test.

(2)

The number of months of entitlement charged in the case of any individual for such licensing or certification test is equal to the number (including any fraction) determined by dividing the total amount paid to such individual for such test by the full-time monthly institutional rate of the educational assistance allowance which, except for paragraph (1), such individual would otherwise be paid under this chapter.

(3)

In no event shall payment of educational assistance under this subsection for such a test exceed the amount of the individual’s available entitlement under this chapter.

(d)
(1)

Subject to paragraph (3), the amount of educational assistance payable under this chapter for a national test for admission or national test providing an opportunity for course credit at institutions of higher learning described in section 3452(b) of this title is the amount of the fee charged for the test.

(2)

The number of months of entitlement charged in the case of any individual for a test described in paragraph (1) is equal to the number (including any fraction) determined by dividing the total amount of educational assistance paid such individual for such test by the full-time monthly institutional rate of educational assistance, except for paragraph (1), such individual would otherwise be paid under this chapter.

(3)

In no event shall payment of educational assistance under this subsection for a test described in paragraph (1) exceed the amount of the individual’s available entitlement under this chapter.

Source credit: (Added Pub. L. 94–502, title IV, § 404, Oct. 15, 1976, 90 Stat. 2396, § 1632; amended Pub. L. 97–258, § 3(k)(2), Sept. 13, 1982, 96 Stat. 1065; Pub. L. 98–160, title VII, § 702(8), Nov. 21, 1983, 97 Stat 1009; Pub. L. 99–576, title III, § 311, Oct. 28, 1986, 100 Stat. 3272; Pub. L. 101–237, title IV, §§ 420(a)(2), 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2087, 2092; Pub. L. 102–16, § 4, Mar. 22, 1991, 105 Stat. 49; renumbered § 3232 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 104–275, title I, § 106(c)(1), Oct. 9, 1996, 110 Stat. 3329; Pub. L. 106–419, title I, § 122(b)(2), Nov. 1, 2000, 114 Stat. 1834; Pub. L. 108–454, title I, § 106(b)(2), Dec. 10, 2004, 118 Stat. 3603.)

history & why it existsrecord from the source credit
  • 1976Enacted · Pub. L. 94-502 · 90 Stat. 2396
  • 1982Amended · Pub. L. 97-258 · 96 Stat. 1065
  • 1983Amended · Pub. L. 98-160
  • 1986Amended · Pub. L. 99-576 · 100 Stat. 3272
  • 1989Amended · Pub. L. 101-237 · 103 Stat. 2087, 2092
  • 1991Amended · Pub. L. 102-16 · 105 Stat. 49
  • 1991Amended · Pub. L. 102-83 · 105 Stat. 406
  • 1996Amended · Pub. L. 104-275 · 110 Stat. 3329
  • 2000Amended · Pub. L. 106-419 · 114 Stat. 1834
  • 2004Amended · Pub. L. 108-454 · 118 Stat. 3603

A history note hasn’t been published yet. The record shows enactment by Pub. L. 94-502 on 1976-10-15.

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