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38 U.S.C. § 3102 — Basic entitlement

Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3102 — Basic entitlement

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Source location: Title 38, Chapter 31, § 3102; chapter-031-training-and-rehabilitation-for-veterans-with-service-connected-disabilities.md

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**(a) In General.—** A person shall be entitled to a rehabilitation program under the terms and conditions of this chapter if— (1) the person— (A) is— (i) a veteran who has a service-connected disability rated at 20 percent or more which was incurred or aggravated in service on or after September 16, 1940; or (ii) hospitalized or receiving outpatient medical care, services, or treatment for a service-connected disability pending discharge from the active military, naval, air, or space service, and the Secretary determines that— (I) the hospital (or other medical facility) providing the hospitalization, care, services, or treatment is doing so under contract or agreement with the Secretary concerned, or is under the jurisdiction of the Secretary of Veterans Affairs or the Secretary concerned; and (II) the person is suffering from a disability which will likely be compensable at a rate of 20 percent or more under chapter 11 of this title; and (B) is determined by the Secretary to be in need of rehabilitation because of an employment handicap; or (2) the person is a veteran who— (A) has a service-connected disability rated at 10 percent which was incurred or aggravated in service on or after September 16, 1940; and (B) is determined by the Secretary to be in need of rehabilitation because of a serious employment handicap. **(b) Additional Rehabilitation Programs for Persons Who Have Exhausted Rights to Unemployment Benefits Under State Law.—** (1) Except as provided in paragraph (4), a person who has completed a rehabilitation program under this chapter shall be entitled to an additional rehabilitation program under the terms and conditions of this chapter if— (A) the person is described by paragraph (1) or (2) of subsection (a); and (B) the person— (i) has exhausted all rights to regular compensation under the State law or under Federal law with respect to a benefit year; (ii) has no rights to regular compensation with respect to a week under such State or Federal law; and (iii) is not receiving compensation with respect to such week under the unemployment compensation law of Canada; and (C) begins such additional rehabilitation program within six months of the date of such exhaustion. (2) For purposes of paragraph (1)(B)(i), a person shall be considered to have exhausted such person’s rights to regular compensation under a State law when— (A) no payments of regular compensation can be made under such law because such person has received all regular compensation available to such person based on employment or wages during such person’s base period; or (B) such person’s rights to such compensation have been terminated by reason of the expiration of the benefit year with respect to which such rights existed. (3) In this subsection, the terms “compensation”, “regular compensation”, “benefit year”, “State”, “State law”, and “week” have the respective meanings given such terms under section 205 of the Federal-State Extended Unemployment Compensation Act of 1970 ([26 U.S.C. 3304](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section3304&num=0&edition=prelim) note). (4) No person shall be entitled to an additional rehabilitation program under paragraph (1) from whom the Secretary receives an application therefor after March 31, 2014.

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Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 3304 — Approval of State laws

**(a) Requirements** The Secretary of Labor shall approve any State law submitted to him, within 30 days of such submission, which he finds provides that— (1) all compensation is to be paid through public employment offices or such other agencies as the Secretary of Labor may approve; (2) no compensation shall be payable with respect to any day of unemployment occurring within 2 years after the first day of the first period with respect to which contributions are required; (3) all money received in the unemployment fund shall (except for refunds of sums erroneously paid into such fund and except for refunds paid in accordance with the provisions of section 3305(b)) immediately upon such receipt be paid over to the Secretary of the Treasury to the credit of the Unemployment Trust Fund established by section 904 of the Social Security Act ([42 U.S.C. 1104](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1104&num=0&edition=prelim)); (4) all money withdrawn from the unemployment fund of the State shall be used solely in the payment of unemployment compensation, exclusive of expenses of administration, and for refunds of sums erroneously paid into such fund and refunds paid in accordance with the provisions of section 3305(b); except that— (A) an amount equal to the amount of employee payments into the unemployment fund of a State may be used in the payment of cash benefits to individuals with respect to their disability, exclusive of expenses of administration; (B) the amounts specified by section 903 (c)(2) or 903(d)(4) of the Social Security Act may, subject to the conditions prescribed in such section, be used for expenses incurred by the State for administration of its unemployment compensation law and public employment offices;

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3100 — Purposes

The purposes of this chapter are to provide for all services and assistance necessary to enable veterans with service-connected disabilities to achieve maximum independence in daily living and, to the maximum extent feasible, to become employable and to obtain and maintain suitable employment.

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 1502 — Determinations with respect to disability

**(a)** For the purposes of this chapter, a person shall be considered to be permanently and totally disabled if such person is any of the following: (1) A patient in a nursing home for long-term care because of disability. (2) Disabled, as determined by the Commissioner of Social Security for purposes of any benefits administered by the Commissioner. (3) Unemployable as a result of disability reasonably certain to continue throughout the life of the person. (4) Suffering from— (A) any disability which is sufficient to render it impossible for the average person to follow a substantially gainful occupation, but only if it is reasonably certain that such disability will continue throughout the life of the person; or (B) any disease or disorder determined by the Secretary to be of such a nature or extent as to justify a determination that persons suffering therefrom are permanently and totally disabled. **(b)** For the purposes of this chapter, a person shall be considered to be in need of regular aid and attendance if such person is (1) a patient in a nursing home or (2) blind, or so nearly blind or significantly disabled as to need or require the regular aid and attendance of another person. **(c)** For the purposes of this chapter, the requirement of “permanently housebound” will be considered to have been met when the veteran is substantially confined to such veteran’s house (ward or clinical areas, if institutionalized) or immediate premises due to a disability or disabilities which it is reasonably certain will remain throughout such veteran’s lifetime.

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 5302 — Waiver of recovery of claims by the United States

**(a)** (1) There shall be no recovery of payments or overpayments (or any interest thereon) of any benefits under any of the laws administered by the Secretary whenever the Secretary determines that recovery would be against equity and good conscience, if an application for relief is made within one year from the date of notification of the indebtedness by the Secretary to the payee, or within such longer period as the Secretary determines is reasonable in a case in which the payee demonstrates to the satisfaction of the Secretary that such notification was not actually received by such payee within a reasonable period after such date. The Secretary shall include in the notification to the payee a statement of the right of the payee to submit an application for a waiver under this subsection and a description of the procedures for submitting the application. (2) The Secretary may not seek to recover an indebtedness described in paragraph (1) if the Secretary determines that the cost to the Department to recover such indebtedness, as determined when the debt is established, would exceed the amount of the indebtedness. **(b)** With respect to any loan guaranteed, insured, or made under chapter 37 of this title, the Secretary shall, except as provided in subsection (c) of this section, waive payment of an indebtedness to the Department by the veteran (as defined in sections 101, 3701, and 3702(a)(2)(C)(ii) of this title), or the veteran’s spouse, following default and loss of the property, where the Secretary determines that collection of such indebtedness would be against equity and good conscience. An application for relief under this subsection must be made within one year after the date on which the veteran receives notice by certified mail with return receipt requ

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3103 — Periods of eligibility

**(a)** Except as provided in subsection (b), (c), (d), (e), (g), or (h) 11 See References in Text note below. of this section, a rehabilitation program may not be afforded to a veteran under this chapter after the end of the twelve-year period beginning on the date of such veteran’s discharge or release from active military, naval, air, or space service. **(b)** (1) In any case in which the Secretary determines that a veteran has been prevented from participating in a vocational rehabilitation program under this chapter within the period of eligibility prescribed in subsection (a) of this section because a medical condition of such veteran made it infeasible for such veteran to participate in such a program, the twelve-year period of eligibility shall not run during the period of time that such veteran was so prevented from participating in such a program, and such period of eligibility shall again begin to run on the first day following such veteran’s recovery from such condition on which it is reasonably feasible, as determined under regulations which the Secretary shall prescribe, for such veteran to participate in such a program. (2) In any case in which the Secretary determines that a veteran has been prevented from participating in a vocational rehabilitation program under this chapter within the period of eligibility prescribed in subsection (a) of this section because— (A) such veteran had not met the requirement of a discharge or release from active military, naval, air, or space service under conditions other than dishonorable before (i) the nature of such discharge or release was changed by appropriate authority, or (ii) the Secretary determined, under regulations prescribed by the Secretary, that such discharge or release was under conditions other th

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3103

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3105 — Duration of rehabilitation programs

**(a)** In any case in which the Secretary is unable to determine whether it currently is reasonably feasible for a veteran to achieve a vocational goal, the period of extended evaluation under [section 3106(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3106/c&num=0&edition=prelim) may not exceed twelve months, except that such period may be extended for additional periods of up to six months each if the Secretary determines before granting any such extension that it is reasonably likely that, during the period of any such extension, a determination can be made whether the achievement of a vocational goal is reasonably feasible in the case of such veteran. **(b)** (1) Except as provided in paragraphs (2) and (3) and in subsection (c), the period of a vocational rehabilitation program for a veteran under this chapter following a determination of the current reasonable feasibility of achieving a vocational goal may not exceed forty-eight months, except that the counseling and placement and postplacement services described in section 3104(a)(2) and (5) of this title may be provided for an additional period not to exceed eighteen months in any case in which the Secretary determines the provision of such counseling and services to be necessary to accomplish the purposes of a rehabilitation program in the individual case. (2) The period of a vocational rehabilitation program pursued by a veteran under [section 3102(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3102/b&num=0&edition=prelim) following a determination of the current reasonable feasibility of achieving a vocational goal may not exceed 12 months. (3) (A) In any case in which the Secretary determines that a veteran

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Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 3304 — Approval of State laws

Page 2773 TITLE 26—INTERNAL REVENUE CODE § 3304 ‘‘(3) such organization made such an election before the earlier of— ‘‘(A) the date 18 months after such election was first available to it under the State law, or ‘‘(B) January 1, 1984, then [former] section 3303(f) of such Code shall be ap- plied with respect to such organization as if it did not contain the requirement that the election be made be- fore April 1, 1972, and by substituting ‘January 1, 1982’ for ‘January 1, 1969’.’’ § 3304. Approval of State laws (a) Requirements The Secretary of Labor shall approve any State law submitted to him, within 30 days of such submission, which he finds provides that— (1) all compensation is to be paid through public employment offices or such other agen- cies as the Secretary of Labor may approve; (2) no compensation shall be payable with respect to any day of unemployment occurring within 2 years after the first day of the first period with respect to which contributions are required; (3) all money received in the unemployment fund shall (except for refunds of sums erro- neously paid into such fund and except for re- funds paid in accordance with the provisions of section 3305(b)) immediately upon such re- ceipt be paid over to the Secretary of the Treasury to the credit of the Unemployment Trust Fund established by section 904 of the Social Security Act (42 U.S.C. 1104); (4) all money withdrawn from the unemploy- ment fund of the State shall be used solely in the payment of unemployment compensation, exclusive of expenses of administration, and for refunds of sums erroneously paid into such fund and refunds paid in accordance with the provisions of section 3305(b); except that— (A) an amount equal to the amount of em- ployee payments into the unempl

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3102 — Basic entitlement

Page 687 TITLE 38—VETERANS’ BENEFITS § 3102 (Added Pub. L. 96–466, title I, § 101(a), Oct. 17, 1980, 94 Stat. 2172, § 1501; amended Pub. L. 99–576, title III, § 333(b)(1), Oct. 28, 1986, 100 Stat. 3279; Pub. L. 101–237, title IV, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3101 and amend- ed Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 104–275, title I, § 101(a), Oct. 9, 1996, 110 Stat. 3323; Pub. L. 117–333, § 3(e)(3)(A), Jan. 5, 2023, 136 Stat. 6128.) Editorial Notes PRIOR PROVISIONS Prior section 3101 was renumbered section 5301 of this title. AMENDMENTS 2023—Pub. L. 117–333 added par. (10) defining ‘‘emer- gency situation’’ after introductory provisions and re- designated former pars. (1) to (9) as (2) to (10), respec- tively. 1996—Par. (1). Pub. L. 104–275, § 101(a)(1), inserted ‘‘, resulting in substantial part from a disability de- scribed in section 3102(1)(A) of this title,’’ after ‘‘im- pairment’’. Par. (6). Pub. L. 104–275, § 101(a)(2), inserted ‘‘author- ized under section 3120 of this title’’ after ‘‘assistance’’. Par. (7). Pub. L. 104–275, § 101(a)(3), inserted ‘‘, resulting in substantial part from a service-con- nected disability rated at 10 percent or more,’’ after ‘‘impairment’’. 1991—Pub. L. 102–83, § 5(a), renumbered section 1501 of this title as this section. Par. (3). Pub. L. 102–83, § 5(c)(1), substituted ‘‘3452(b)’’ for ‘‘1652(b)’’. 1989—Pars. (4), (9)(A). Pub. L. 101–237 substituted ‘‘Secretary’’ for ‘‘Administrator’’. 1986—Pars. (6)(B), (9)(A)(i). Pub. L. 99–576 inserted ‘‘currently’’ after ‘‘be’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–275, title I, § 101(j), Oct. 9, 1996, 110 Stat. 3325, provided that: ‘‘(1) Except as pro

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