U.S. Code » Title 38 » Part PART III— READJUSTMENT AND RELATED BENEFITS › Chapter CHAPTER 31— TRAINING AND REHABILITATION FOR VETERANS WITH SERVICE-CONNECTED DISABILITIES

38 U.S.C. § 3103

Periods of eligibility

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(a) Except as provided in subsection (b), (c), (d), (e), (g), or (h) 11 See References in Text note below. 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, air, or space 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—(A) such veteran had not met the requirement of a discharge or release from active military, naval, air, or space service under conditions other than dishonorable before (i) the nature of such discharge or release was changed by appropriate authority, or (ii) the Secretary determined, under regulations prescribed by the Secretary, that such discharge or release was under conditions other than dishonorable, or(B) such veteran’s discharge or dismissal was, under section 5303 of this title, a bar to benefits under this title before the Secretary made a determination that such discharge or dismissal is not a bar to such benefits,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—(1) that such veteran had not previously been rehabilitated to the point of employability;(2) that such veteran had previously been rehabilitated to the point of employability but (A) the need for such services had arisen out of a worsening of such veteran’s service-connected disability that precludes such veteran from performing the duties of the occupation for which such veteran was previously trained in a vocational rehabilitation program under this chapter, or (B) the occupation for which such veteran had been so trained is not suitable in view of such veteran’s current employment handicap and capabilities; or(3) under regulations which the Secretary shall prescribe, that an extension of the period of eligibility of such veteran is necessary to accomplish the purposes of a rehabilitation program for such veteran.(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.(g) Subsection (a) shall not apply to a veteran who was discharged or released from active military, naval, or air service on or after January 1, 2013.(h)(1) 22 So in original. Two subsecs. (h) have been enacted. In the case of a veteran who is eligible for a vocational rehabilitation program under this chapter and who is prevented from participating in the vocational rehabilitation program within the period of eligibility prescribed in subsection (a) because of a covered reason, as determined by the Secretary, such period of eligibility—(A) shall not run during the period the veteran is so prevented from participating in such program; and(B) shall again begin running on a date determined by the Secretary that is—(i) not earlier than the first day after the veteran is able to resume participation in a vocational rehabilitation program under this chapter; and(ii) not later than 90 days after that day.(2) In this subsection, a covered reason is—(A) the temporary or permanent closure of an educational institution by reason of an emergency situation; or(B) another reason that prevents the veteran from participating in the vocational rehabilitation program, as determined by the Secretary.(h)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 12-year period of eligibility prescribed in subsection (a) due to an emergency situation, such 12-year period—(1) shall not run during the period the individual is so prevented from participating 33 So in original. Probably should be followed by “in”. such program; and(2) shall again begin running on the first day after the individual is able to resume participation in such program.(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; Pub. L. 116–283, div. A, title IX, § 926(a)(42), Jan. 1, 2021, 134 Stat. 3830; Pub. L. 116–315, title I, § 1025(a), Jan. 5, 2021, 134 Stat. 4960; Pub. L. 117–328, div. U, title II, § 233, Dec. 29, 2022, 136 Stat. 5457; Pub. L. 117–333, § 3(c)(1), Jan. 5, 2023, 136 Stat. 6126.)Editorial NotesReferences in Text

Subsection (h) of this section, referred to in subsec. (a), probably refers to both subsecs. (h) of this section. Pub. L. 117–328 and Pub. L. 117–333 each added a subsec. (h) and amended subsec. (a) to add a corresponding reference. See 2022 and 2023 Amendment notes below.

Prior Provisions

Prior section 3103 was renumbered section 5303 of this title.

Amendments

2023—Subsec. (a). Pub. L. 117–333, § 3(c)(1)(A), made identical amendment to that made by Pub. L. 117–328, § 233(1). See 2022 Amendment note below.

Subsec. (h). Pub. L. 117–333, § 3(c)(1)(B), added subsec. (h) referring to the 12-year period of eligibility prescribed in subsec. (a).

2022—Subsec. (a). Pub. L. 117–328, § 233(1), substituted “(g), or (h)” for “or (g)”.

Subsec. (h). Pub. L. 117–328, § 233(2), added subsec. (h) referring to the period of eligibility prescribed in subsec. (a) because of a covered reason.

2021—Subsec. (a). Pub. L. 116–315, § 1025(a)(1), substituted “(e), or (g)” for “or (e)”.

Pub. L. 116–283 substituted “air, or space service” for “or air service”.

Subsec. (b)(2)(A). Pub. L. 116–283 substituted “air, or space service” for “or air service”.

Subsec. (g). Pub. L. 116–315, § 1025(a)(2), added subsec. (g).

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”.

Statutory Notes and Related SubsidiariesEffective Date of 2011 Amendment

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.

Effective Date of 2002 Amendment

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.

Effective Date of 2001 Amendment

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.

Effective Date

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.

Extension of Time Limitations for Use of Entitlement: Vocational Rehabilitation and Training

Pub. L. 116–315, title I, § 1105(b), Jan. 5, 2021, 134 Stat. 4964, as amended by Pub. L. 117–76, § 5(a), Dec. 21, 2021, 135 Stat. 1520, amended text temporarily added by Pub. L. 116–140, § 6(c)(1), formerly set out below.

Pub. L. 116–140, § 6(c)(1), Apr. 28, 2020, 134 Stat. 633, which provided that during Mar. 1, 2020, to Dec. 21, 2021, the Secretary of Veterans Affairs would apply subsec. (a) by striking “or (e)” and inserting “(e), or (g)” and adding subsec. (g), relating to the twelve-year period of eligibility prescribed in subsec. (a), was repealed by Pub. L. 116–315, title I, § 1025(b), Jan. 5, 2021, 134 Stat. 4960.

Notes of Decisions
Cited in 36 cases (4 in the last 5 years), 1967–2023 · leading case: Nat'l Ass'n of Concerned Vets. v. Sec'y of Def., 487 F. Supp. 192 (D.D.C. 1979).
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Nat'l Ass'n of Concerned Vets. v. Sec'y of Def., 487 F. Supp. 192 (D.D.C. 1979). · cites it 14× “First, in count I, plaintiffs assert that the various branches of the armed services have failed to comply with the mandate of 38 U.S.C. § 3103 (e)(1). This provision states that changes in discharge status shall result in the accrual of veterans’ benefits only when the DRB…”
Mont v. United States, 139 S. Ct. 1826 (2019). “prevented" from accessing a rehabilitation program); § 3031(b) (time period "shall not run" during a period in which an individual "had not met" a discharge requirement); 29 U.”
Vietnam Vets. of Am. v. Sec'y of the Navy, (Two Cases). Vietnam Vets. of Am. v. Sec'y of the Navy, 843 F.2d 528 (D.C. Cir. 1988). · cites it 2× “The plaintiffs’ suit also asserted statutory and constitutional claims based on an alleged divergence between the Navy’s reading of the Laird Memorandum and the Army’s and Air Force’s allegedly more expansive readings.”
Davenport v. Brown, 7 Vet. App. 476 (Vet. App. 1995). · cites it 3× “Specifically, § 3103(c) allows a veteran to obtain chapter 31 benefits after the 12-year statutory period of eligibility provided by 38 U.S.C. § 3103 (a) has expired if (1) the veteran has a “serious employment handicap” and (2) the veteran can meet one of three other conditions.”
Barbara Rush v. Kilolo Kijakazi, 65 F.4th 114 (4th Cir. 2023). “, 38 U.S.C. § 3103 (b)(1). Appellants read § 3346(a)(2) as though it says that (a)(1)’s 210-day period “shall be tolled” or “shall not run” while a nomination is pending, or that the period that a nomination is pending “shall not be counted toward” (a)(1)’s limitation.”
Calvin Geyen, Jr. v. John O. Marsh, Jr., Sec'y of the United States Army, 775 F.2d 1303 (5th Cir. 1985). “1106 (1977) (codified at 38 U.S.C. § 3103 (e)(1) (1982)). In Urban Law Institute of Antioch College, Inc.”
Demo v. United States, 3 Cl. Ct. 349 (Ct. Cl. 1983). · cites it 6× “The plaintiff asserted that the existing bar to Veterans’ Administration benefits under the provisions of 38 U.S.C. § 3103 (e) constituted undue, unjust, and unusual punishment.”
Kandik v. Brown, 9 Vet. App. 434 (Vet. App. 1996). · cites it 6× “The period of eligibility for a veteran’s participation in the VR program is 12 years beginning from the date of discharge from military service or upon the granting of a compensable rating for a service-connected disability (unless the veteran is prevented from participating in…”
Kiser v. Johnson, 404 F. Supp. 879 (M.D. Penn. 1975). · cites it 7× “condition which he either contracted or aggravated while on active duty during WW II, and which has caused him to lose the use of both arms and legs; that the Veterans Administration (VA) has denied him all medical benefits because of the type of court-martial to which he was…”
Strang v. Marsh, 602 F. Supp. 1565 (D.R.I. 1985). · cites it 3× “” 38 U.S.C. § 3103 (e)(1). 6 Thereafter, the *1571 Department of Defense promulgated standards setting forth the factors to be considered in determining whether to upgrade a discharge.”
United States v. Murray, 25 M.J. 445 (1988). “, 38 U.S.C. § 3103 (a). The former terminates automatically any possible entitlement to later benefits, while a punitive discharge adjudged by a special court-martial leaves open for adjudication by the Veterans Administration the eligibility of the accused to receive various…”
Waller v. Swift, 30 M.J. 139 (1990). “Therefore, it can be plausibly contended that a bad-conduct discharge adjudged by a general court-martial is a more severe punishment than one adjudged by a special court-martial.”
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