§5113. Effective dates of educational benefits

(a) Except as provided in subsections (b) and (c), effective dates relating to awards under chapters 30, 31, 32, 34, and 35 of this title or chapter 106 of title 10 shall, to the extent feasible, correspond to effective dates relating to awards of disability compensation.

(b)(1) When determining the effective date of an award under chapter 35 of this title for an individual described in paragraph (2) based on an original claim, the Secretary may consider the individual's application as having been filed on the eligibility date of the individual if that eligibility date is more than one year before the date of the initial rating decision.

(2) An individual referred to in paragraph (1) is an eligible person who-

(A) submits to the Secretary an original application for educational assistance under chapter 35 of this title within one year of the date that the Secretary makes the rating decision;

(B) claims such educational assistance for pursuit of an approved program of education during a period preceding the one-year period ending on the date on which the application was received by the Secretary; and

(C) would have been entitled to such educational assistance for such course pursuit if the individual had submitted such an application on the individual's eligibility date.

(3) In this subsection:

(A) The term "eligibility date" means the date on which an individual becomes an eligible person.

(B) The term "eligible person" has the meaning given that term under section 3501(a)(1) of this title under subparagraph (A)(i), (A)(ii), (B), or (D) of such section by reason of either (i) the service-connected death or (ii) service-connected total disability permanent in nature of the veteran from whom such eligibility is derived.

(C) The term "initial rating decision" means with respect to an eligible person a decision made by the Secretary that establishes (i) service connection for such veteran's death or (ii) the existence of such veteran's service-connected total disability permanent in nature, as the case may be.

(c) The effective date of an adjustment of benefits under any chapter referred to in subsection (a) of this section, if made on the basis of a certification made by the veteran or person and accepted by the Secretary under section 3680(g) of this title, shall be the date of the change.

( Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1227 , §3013; Pub. L. 89–358, §4(p), Mar. 3, 1966, 80 Stat. 25 ; Pub. L. 99–576, title III, §321(10), Oct. 28, 1986, 100 Stat. 3278 ; Pub. L. 100–322, title III, §323, May 20, 1988, 102 Stat. 536 ; Pub. L. 101–237, title IV, §419, Dec. 18, 1989, 103 Stat. 2087 ; Pub. L. 102–16, §10(a)(9), Mar. 22, 1991, 105 Stat. 56 ; renumbered §5113, Pub. L. 102–40, title IV, §402(b)(1), May 7, 1991, 105 Stat. 238 ; Pub. L. 102–83, §5(c)(1), Aug. 6, 1991, 105 Stat. 406 ; Pub. L. 106–419, title I, §113(a), Nov. 1, 2000, 114 Stat. 1832 .)

Amendments

2000-Subsec. (a). Pub. L. 106–419, §113(a)(2), substituted "subsections (b) and (c)" for "subsection (b) of this section".

Subsecs. (b), (c). Pub. L. 106–419, §113(a)(1), (3), added subsec. (b) and redesignated former subsec. (b) as (c).

1991-Pub. L. 102–40 renumbered section 3013 of this title as this section.

Subsec. (a). Pub. L. 102–16 inserted "or chapter 106 of title 10" after "of this title".

Subsec. (b). Pub. L. 102–83 substituted "3680(g)" for "1780(g)".

1989-Pub. L. 101–237 designated existing provisions as subsec. (a), substituted "Except as provided in subsection (b) of this section, effective" for "Effective", and added subsec. (b).

1988-Pub. L. 100–322 inserted reference to chapter 32.

1986-Pub. L. 99–576 inserted reference to chapter 30.

1966-Pub. L. 89–358 substituted "34" for "33".

Effective Date of 2000 Amendment

Pub. L. 106–419, title I, §113(b), Nov. 1, 2000, 114 Stat. 1832 , provided that: "The amendments made by subsection (a) [amending this section] shall apply to applications first made under section 3513 of title 38, United States Code, that-

"(1) are received on or after the date of the enactment of this Act [Nov. 1, 2000]; or

"(2) on the date of the enactment of this Act, are pending (A) with the Secretary of Veterans Affairs, or (B) exhaustion of available administrative and judicial remedies."