PUBLIC LAW 107-103—DEC. 27, 2001 115 STAT. 985 SEC. 108. ELIGIBILITY FOR SURVIVORS' AND DEPENDENTS' EDU- CATIONAL ASSISTANCE OF SPOUSES AND SURVIVING SPOUSES OF VETERANS WITH TOTAL SERVICE-CON- NECTED DISABILITIES. (a) DESIGNATION OF ELIGIBILITY. —Section 3501(a)(1)(D) is amended— (1) by inserting "(i)" after "(D)"; and •' (2) by inserting "(ii)" after "or". (b) RESTATEMENT AND EXPANSION OF TREATMENT OF USE OF ELIGIBILITY.— (1) Section 3511 is amended by adding at the end the following new subsection: "(c) Any entitlement used by an eligible person as a result of eligibility under section 3501(a)(l)(A)(iii), 3501(a)(1)(C), or 3501(a)(l)(D)(i) of this title shall be deducted from any entitlement to which such person may subsequently be entitled under this chapter.". (2) Section 3512 is amended by striking subsection (g). (c) DELIMITING PERIOD. —(1) Section 3511(a)(1) is amended by adding at the end the following new sentence: "In no event may the aggregate educational assistance afforded to a spouse made eligible under both 3501(a)(l)(D)(i) and 3501(a)(l)(D)(ii) of this title exceed 45 months.". (2) Paragraph (1) of section 3512(b) is amended to read as follows: "(1)(A) Except as provided in subparagraph (B), a person made eligible by subparagraph (B) or (D) of section 3501(a)(1) of this title may be afforded educational assistance under this chapter during the 10-year period beginning on the date (as determined by the Secretary) the person becomes an eligible person within the meaning of section 3501(a)(1)(B), 3501(a)(l)(D)(i), or 3501(a)(l)(D)(ii) of this title. In the case of a surviving spouse made eligible Ijy clause (ii) of section 3501(a)(1)(D) of this title, the 10-year period may not be reduced by any earlier period during which the person was eligible for educational assistance under this chapter as a spouse made eligible by clause (i) of that section. "(B) Notwithstanding subparagraph (A), an eligible person referred to in that subparagraph may, subject to the Secretary's approval, elect a later beginning date for the 10-year period than would otherwise be applicable to the person under that subparagraph. The beginning date so elected may be any date between the beginning date determined for the person under subparagraph (A) and whichever of the following dates applies: "(i) The date on which the Secretary notifies the veteran from whom eligibility is derived that the veteran has a serviceconnected total disability permanent in nature. "(ii) The date on which the Secretary determines that the veteran from whom eligibility is derived died of a serviceconnected disability.". (3) Section 3512(b) is further amended by striking paragraph (3). (4) The amendments made by this subsection shall apply with Applicability. respect to any determination (whether administrative or judicial) 38 USC 3511 of the eligibility of a spouse or surviving spouse for educational °°**' assistance under chapter 35 of title 38, United States Code, made on or after the date of the enactment of this Act, whether pursuant to an original claim for such assistance or pursuant to a reapplication or attempt to reopen or readjudicate a claim for such assistance.
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