Answer
It cannot be a right triangle.
Work Step by Step
The Pythagorean Theorem states that for a right triangle, $a^{2} +b^{2} = c^{2}$. In order to figure out if these sides can be the sides of a right triangle, we plug them into the Pythagorean Theorem:
$13^{2} + 35^{2} = 38^{2} \\\\ 1394=1444$
This is not true, so it cannot be a right triangle.