38 U.S.C. § 3461

Eligibility; entitlement; duration

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(a)Entitlement.—Except as provided in subsection (c) and in the second sentence of this subsection, each eligible veteran shall be entitled to educational assistance under this chapter or chapter 36 for a period of one and one-half months (or the equivalent thereof in part-time educational assistance) for each month or fraction thereof of the veteran’s service on active duty after January 31, 1955. If an eligible veteran has served a period of 18 months or more on active duty after January 31, 1955, and has been released from such service under conditions that would satisfy the veteran’s active duty obligation, the veteran shall be entitled to educational assistance under this chapter for a period of 45 months (or the equivalent thereof in part-time educational assistance). In the case of any person serving on active duty on December 31, 1976, or a person whose eligibility is based on section 3452(a)(1)(B) of this chapter, the ending date for computing such person’s entitlement shall be the date of such person’s first discharge or release from active duty after December 31, 1976.(b)Entitlement Limitations.—Whenever the period of entitlement under this section of an eligible veteran who is enrolled in an educational institution regularly operated on the quarter or semester system ends during a quarter or semester, such period shall be extended to the termination of such unexpired quarter or semester. In educational institutions not operated on the quarter or semester system, whenever the period of eligibility ends after a major portion of the course is completed such period shall be extended to the end of the course or for twelve weeks, whichever is the lesser period.(c)Duration of Entitlement.—Except as provided in subsection (b) and in subchapter V of this chapter, no eligible veteran shall receive educational assistance under this chapter in excess of 45 months.(Added Pub. L. 89–358, § 2, Mar. 3, 1966, 80 Stat. 13, § 1661; amended Pub. L. 90–77, title III, § 306(b)(2), Aug. 31, 1967, 81 Stat. 188; Pub. L. 90–631, § 1(b), Oct. 23, 1968, 82 Stat. 1331; Pub. L. 91–219, title II, § 204(a)(1), Mar. 26, 1970, 84 Stat. 79; Pub. L. 92–540, title IV, § 401(1), Oct. 24, 1972, 86 Stat. 1089; Pub. L. 93–508, title II, § 202, Dec. 3, 1974, 88 Stat. 1581; Pub. L. 94–502, title II, §§ 203, 211(2), title IV, § 403(a), Oct. 15, 1976, 90 Stat. 2386, 2388, 2393; Pub. L. 96–466, title VI, § 601(b), Oct. 17, 1980, 94 Stat. 2208; renumbered § 3461 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 109–233, title V, § 503(8)(A), (B), June 15, 2006, 120 Stat. 416.)Editorial NotesPrior Provisions

Provisions similar to those comprising subsecs. (a) to (c) of this section were contained in Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1176, which was classified to former sections 1610 and 1611(a), 1611(a)(2), (3), and 1611(b) of this title, respectively, prior to repeal by section 4(a) of Pub. L. 89–358.

Amendments

2006—Subsecs. (a), (b). Pub. L. 109–233, § 503(8)(A), revised style of headings.

Subsec. (c). Pub. L. 109–233, § 503(8)(B), inserted heading.

1991—Pub. L. 102–83, § 5(a), renumbered section 1661 of this title as this section.

Subsec. (a). Pub. L. 102–83, § 5(c)(1), substituted “3452(a)(1)(B)” for “1652(a)(1)(B)”.

1980—Subsec. (c). Pub. L. 96–466 substituted “subchapter V of this chapter” for “subchapters V and VI of this chapter”.

1976—Subsec. (a). Pub. L. 94–502, §§ 203(1), 211(2), 403(a), substituted “45 months” for “36 months”, “the veteran’s” for “his” in two places, and “the veteran” for “he”, inserted provision establishing the final date of entitlement for person serving on active duty on Dec. 31, 1976 or whose eligibility is based on section 1652(a)(1)(B) of this title as the date of discharge or release from active duty after Dec. 31, 1976, and struck out provision which authorized an additional number of months not exceeding nine to be used for a program leading to a standard undergraduate degree.

Subsec. (c). Pub. L. 94–502, § 203(2), substituted “subsection (b)” for “subsections (a) and (b)” and “45 months” for “thirty-six months”.

1974—Subsec. (a). Pub. L. 93–508, § 202(1), inserted “plus an additional number of months, not exceeding nine, as may be utilized in pursuit of a program of education leading to a standard undergraduate college degree”.

Subsec. (c). Pub. L. 93–508, § 202(2), inserted reference to subsec. (a).

1972—Subsec. (a). Pub. L. 92–540 inserted reference to chapter 36.

1970—Subsec. (c). Pub. L. 91–219 substituted “subchapters V and VI of this chapter” for “section 1678 of this title”.

1968—Subsec. (a). Pub. L. 90–631, § 1(b)(1), substituted references to subsec. (c) and the second sentence of this subsec. for reference to subsec. (b), increased from one month to one and one-half months the amount of educational assistance each eligible veteran shall receive for each month or fraction thereof of active duty service after Jan. 31, 1955, and inserted provisions that an eligible veteran who has served 18 months or more on active duty after Jan. 31, 1955, and has been released under conditions that would satisfy his active duty obligation, shall be entitled to educational assistance under this chapter for a period of 36 months.

Subsec. (b). Pub. L. 90–631, § 1(b)(2), (3), redesignated subsec. (c) as (b). Former subsec. (b), which set forth entitlement limitations on the amount of educational assistance an eligible veteran, shall receive under this chapter, was struck out.

Subsec. (c). Pub. L. 90–631, § 1(b), (3), (4), added subsec. (c). Former subsec. (c) redesignated (b).

Subsec. (d). Pub. L. 90–631, § 1(b)(2), struck out subsec. (d) which required an eligible veteran to elect either educational assistance or vocational rehabilitation when such veteran is entitled to both, or becomes entitled to vocational rehabilitation after receiving educational assistance.

1967—Subsec. (b). Pub. L. 90–77 inserted “and in section 1678 of this chapter” after “subsection (c)”.

Statutory Notes and Related SubsidiariesEffective Date of 1980 Amendment

Amendment by Pub. L. 96–466 effective Oct. 1, 1980, except as otherwise specifically provided, see section 802(f) of Pub. L. 96–466, set out as an Effective Date note under section 5314 of this title.

Effective Date of 1976 Amendment

Amendment by sections 203 and 211(2) of Pub. L. 94–502 effective Oct. 1, 1976, and Oct. 15, 1976, respectively, see section 703(a), (b) of Pub. L. 94–502, set out as an Effective Date note under section 3693 of this title.

Amendment by section 403(a) of Pub. L. 94–502 effective Jan. 1, 1977, see section 406 of Pub. L. 94–502, set out as a note under section 3201 of this title.

Effective Date of 1974 Amendment

Amendment by Pub. L. 93–508 effective Dec. 3, 1974, see section 503 of Pub. L. 93–508, set out as a note under section 3452 of this title.

Effective Date of 1968 Amendment

Amendment by Pub. L. 90–631 effective first day of second calendar month which begins after Oct. 23, 1968, see section 6(a) of Pub. L. 90–631, set out as an Effective Date note under section 3500 of this title.

Effective Date of 1967 Amendment

Amendment by Pub. L. 90–77 effective first day of first calendar month which begins more than ten days after Aug. 31, 1967, see section 405 of Pub. L. 90–77, set out as a note under section 101 of this title.

Notes of Decisions

Cited in 8 cases (1 in the last 5 years), 1992–2021 · leading case: Carr v. Wilkie, 961 F.3d 1168 (Fed. Cir. 2020).

Sort: Relevance Newest Treatment

Carr v. Wilkie, 961 F.3d 1168 (Fed. Cir. 2020). · cites it 4× “” 38 U.S.C. § 3461 (c) (emphasis added); cf.”

Darrow v. Derwinski, 2 Vet. App. 303 (Vet. App. 1992). “§ 1151 (injury resulting from hospitalization or vocational rehabilitation); 38 U.S.C. § 3461 (educational assistance); 38 U.”

Tallman v. Brown, 7 Vet. App. 453 (Vet. App. 1995). “See 38 U.S.C. § 3461 . Since enactment in 1966, however, chapter 34 benefits have been administered with a specific statutory limitation designed to prohibit the duplication of federal educational assistance.”

DeSousa v. Gober, 10 Vet. App. 461 (Vet. App. 1997). “Conclusion Upon consideration of the record and the submissions of the parties, the Court affirms that part of the November 21, 1995, BVA decision that finds (1) that the veteran’s delimiting date for education benefits is July 26, 1989 (see 38 U.S.C. § 3461 (a)(1); 38 C.F.R. §…”

Davenport v. Principi, 16 Vet. App. 522 (Vet. App. 2002). “Before he enrolled in the Army Reserves, the veteran had used 45 months of chapter 34 education benefits, the maximum amount available to him under 38 U.S.C. § 3461 (c), with which he had attended law school, taken a bar-review course, and attended business school.”

West v. Principi, 15 Vet. App. 246 (Vet. App. 2001). · cites it 2× “at 93; see 38 U.S.C. §§ 3461 and 3462. Certain provisions of Chapter 34 permit extensions of time periods, called delimiting periods, for using the statutory educational benefits.”

Samantha E. Carr v. Robert L. Wilkie (Vet. App. 2019). “Carr, established basic entitlement to VA educational assistance benefits under 38 U.S.C. § 3461 . Pursuant to section 3461(c), "[e]xcept as provided in 9 subsection (b) .”

Samantha E. Carr v. Denis McDonough (Vet. App. 2021). “See 38 U.S.C. §§ 3461 (a), 3312(a). When a veteran receives benefits from more than one chapter, section 3695(a) caps at 48 months the total amount of benefits that a single veteran may receive from a combination of educational programs.”

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