# 38 CFR § 21.9535: Extended period of eligibility

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-38-21.9535

## Section

- **Citation:** 38 CFR § 21.9535
- **Heading:** Extended period of eligibility
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 38—Pensions, Bonuses, and Veterans' Relief > CHAPTER I—DEPARTMENT OF VETERANS AFFAIRS > PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION > Subpart P—Post-9/11 GI Bill > Eligibility

## Text

VA will extend an individual's period of eligibility in accordance with the following provisions.
(a) Disability extension. (1) VA will grant an extension of the period of eligibility, as determined in § 21.9530 (except for paragraphs (d) and (e)) provided—
(i) The individual applies for the extension within the time specified in § 21.1033(c); and
(ii) The medical evidence clearly establishes that the individual was prevented from initiating or completing the chosen program of education within the original period of eligibility because of a physical or mental disability that did not result from the individual's willful misconduct. VA will not consider the disabling effects of chronic alcoholism to be the result of willful misconduct. VA will not consider an individual's disability for a period of 30 days or less as having prevented the individual from initiating or completing a chosen program, unless the evidence establishes that the individual was prevented from enrolling or reenrolling in the chosen program or was forced to discontinue attendance due to the short-term disability.
(2) Length of extension. An individual's extended period of eligibility shall be for the length of time that the individual was prevented from initiating or completing his or her chosen program of education. This will be determined as follows—
(i) If the individual is pursuing a program of education organized on a term, quarter, or semester basis, his or her extended period of eligibility shall contain the same number of days as the number of days from the date the individual was prevented from initiating or completing training during his or her original period of eligibility to the earliest of—
(A) The beginning date of the ordinary term, quarter, or semester following the day the individual's training became medically feasible;
(B) The last date of the individual's original period of eligibility as determined in § 21.9530; or
(C) The date the individual resumed training.
(ii) If the individual is pursuing a program of education that is not organized on a term, quarter, or semester basis, his or her extended period of eligibility will contain the same number of days as the number of days from the date the individual was prevented from initiating or completing training during his or her original period of eligibility to the earliest of—
(A) The date the individual's training became medically feasible; or
(B) The last date of the individual's original period of eligibility as determined in § 21.9530.
(b) Forcibly detained extension. (1) VA will grant an extension of the period of eligibility, as determined in § 21.9530, equal to the period of time the individual—
(i) Was captured and forcibly detained by a foreign government or power, and
(ii) Was hospitalized at a military, civilian, or medical facility immediately following release from the foreign government or power.
(2) [Reserved]
(Authority: 38 U.S.C. 3321)

## Nearby sections

- [38 CFR § 21.9505 § 21.9505 Definitions—for provisions effective before August 1, 2011.](https://www.frixlaw.com/law-library/statutes/ecfr-38-21.9505.md)
- [38 CFR § 21.9506 § 21.9506 Definitions—for provisions effective after July 31, 2011.](https://www.frixlaw.com/law-library/statutes/ecfr-38-21.9506.md)
- [38 CFR § 21.9510 § 21.9510 Claims, VA's duty to assist, and time limits.](https://www.frixlaw.com/law-library/statutes/ecfr-38-21.9510.md)
- [38 CFR § 21.9520 § 21.9520 Basic eligibility.](https://www.frixlaw.com/law-library/statutes/ecfr-38-21.9520.md)
- [38 CFR § 21.9525 § 21.9525 Eligibility for increased and supplemental educational assistance.](https://www.frixlaw.com/law-library/statutes/ecfr-38-21.9525.md)
- [38 CFR § 21.9530 § 21.9530 Eligibility time limit.](https://www.frixlaw.com/law-library/statutes/ecfr-38-21.9530.md)
- [38 CFR § 21.9535 § 21.9535 Extended period of eligibility.](https://www.frixlaw.com/law-library/statutes/ecfr-38-21.9535.md)
- [38 CFR § 21.9550 § 21.9550 Entitlement.](https://www.frixlaw.com/law-library/statutes/ecfr-38-21.9550.md)
- [38 CFR § 21.9555 § 21.9555 Entitlement to supplemental educational assistance.](https://www.frixlaw.com/law-library/statutes/ecfr-38-21.9555.md)
- [38 CFR § 21.9560 § 21.9560 Entitlement charges—for provisions effective before August 1, 2011.](https://www.frixlaw.com/law-library/statutes/ecfr-38-21.9560.md)
- [38 CFR § 21.9561 § 21.9561 Entitlement charges—for provisions effective after July 31, 2011.](https://www.frixlaw.com/law-library/statutes/ecfr-38-21.9561.md)
- [38 CFR § 21.9570 § 21.9570 Transfer of entitlement—for provisions effective before August 1, 2011.](https://www.frixlaw.com/law-library/statutes/ecfr-38-21.9570.md)
- [38 CFR § 21.9571 § 21.9571 Transfer of Entitlement—for provisions effective after July 31, 2011.](https://www.frixlaw.com/law-library/statutes/ecfr-38-21.9571.md)
- [38 CFR § 21.9580 § 21.9580 Counseling.](https://www.frixlaw.com/law-library/statutes/ecfr-38-21.9580.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-38-21.9535. Check the current official text before relying on it. Not legal advice.