114 STAT. 1832 PUBLIC LAW 106-419—NOV. 1, 2000 "(II) the date of the Secretary's decision that the death was service-connected;". SEC. 113. ADJUSTED EFFECTIVE DATE FOR AWARD OF SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE. (a) IN GENERAL.—Section 5113 is amended— (1) by redesignating subsection (b) as subsection (c); (2) in subsection (a), by striking "subsection (b) of this section" and inserting "subsections (b) and (c)"; and (3) by inserting after subsection (a) the following new subsection: "(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.". 38 USC 5113 (b) EFFECTIVE DATE. —The amendments made by subsection note. (a) 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; 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.
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