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38 U.S.C. § 3106 — Initial and extended evaluations; determinations regarding serious employment handicap

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

38 U.S.C. § 3106 — Initial and extended evaluations; determinations regarding serious employment handicap

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Stable record: federal_law:legal_authorities:record_usc_458f3ca7413093cd7882438e
Source file: Laws/federal/codes/united-states-code/title-38/section-3106-initial-and-extended-evaluations-determinations-regarding-serious-employ--8cdabaf985.md
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Source location: Title 38, Chapter 31, § 3106; chapter-031-training-and-rehabilitation-for-veterans-with-service-connected-disabilities.md

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**(a)** The Secretary shall provide any veteran who has a service-connected disability rated at 10 percent or more and who applies for benefits under this chapter with an initial evaluation consisting of such services described in [section 3104(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3104/a/1&num=0&edition=prelim) as are necessary (1) to determine whether such veteran is entitled to and eligible for benefits under this chapter, and (2) in the case of a veteran who is determined to be entitled to and eligible for such benefits, to determine— (A) whether such veteran has a serious employment handicap, and (B) whether the achievement of a vocational goal currently is reasonably feasible for such veteran if it is reasonably feasible to make such determination without extended evaluation. **(b)** In any case in which the Secretary has determined that a veteran has a serious employment handicap and that the achievement of a vocational goal currently is reasonably feasible for such veteran, such veteran shall be provided an individualized written plan of vocational rehabilitation developed under [section 3107(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3107/a&num=0&edition=prelim). **(c)** In any case in which the Secretary has determined that a veteran has a serious employment handicap but the Secretary is unable to determine, in an initial evaluation pursuant to subsection (a) of this section, whether or not the achievement of a vocational goal currently is reasonably feasible, such veteran shall be provided with an extended evaluation consisting of the services described in [section 3104(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3104/a/1&num=0&edition=prelim), such services under this chapter as the Secretary determines necessary to improve such veteran’s potential for participation in a program of services designed to achieve a vocational goal and enable such veteran to achieve maximum independence in daily living, and assistance as authorized by [section 3108 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3108&num=0&edition=prelim). **(d)** In any case in which the Secretary has determined that a veteran has a serious employment handicap and also determines, following such initial and any such extended evaluation, that achievement of a vocational goal currently is not reasonably feasible, the Secretary shall determine whether the veteran is capable of participating in a program of independent living services and assistance under [section 3120 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3120&num=0&edition=prelim). **(e)** The Secretary shall in all cases determine as expeditiously as possible whether the achievement of a vocational goal by a veteran currently is reasonably feasible. In the case of a veteran provided extended evaluation under subsection (c) of this section (including any periods of extensions under [section 3105(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3105/a&num=0&edition=prelim)), the Secretary shall make such determination not later than the end of such extended evaluation or period of extension, as the case may be. In determining whether the achievement of a vocational goal currently is reasonably feasible, the Secretary shall resolve any reasonable doubt in favor of determining that such achievement currently is reasonably feasible. **(f)** In connection with each period of extended evaluation of a veteran and each rehabilitation program for a veteran who is determined to have a serious employment handicap, the Secretary shall assign a Department of Veterans Affairs employee to be responsible for the management and followup of the provision of all services (including appropriate coordination of employment assistance under [section 3117 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3117&num=0&edition=prelim)) and assistance under this chapter to such veteran.

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

38 U.S.C. § 1506 — Resource reports and overpayment adjustments

As a condition of granting or continuing pension under section 1521, 1541, or 1542 of this title, the Secretary— (1) may require from any person who is an applicant for or a recipient of pension such information, proofs, and evidence as the Secretary determines to be necessary in order to determine the annual income and the value of the corpus of the estate of such person, and of any spouse or child for whom the person is receiving or is to receive increased pension (such a child is hereinafter in this subsection referred to as a “dependent child”), and, in the case of a child applying for or in receipt of pension under [section 1542 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1542&num=0&edition=prelim) (hereinafter in this subsection referred to as a “surviving child”), of any person with whom such child is residing who is legally responsible for such child’s support; (2) may require that any such applicant or recipient file for a calendar year with the Department (on such form as may be prescribed for such purpose by the Secretary) a report showing— (A) the annual income which such applicant or recipient (and any such spouse or dependent child) received during the preceding year, the corpus of the estate of such applicant or recipient (and of any such spouse or dependent child) at the end of such year, and in the case of a surviving child, the income and corpus of the estate of any person with whom such child is residing who is legally responsible for such child’s support; (B) such applicant’s or recipient’s estimate for the then current year of the annual income such applicant or recipient (and any such spouse or dependent child) expects to receive and of any expected increase in the value of the corpus of the es

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1506

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

38 U.S.C. § 3120 — Program of independent living services and assistance

**(a)** The Secretary may, under contracts with entities described in subsection (f) of this section, or through facilities of the Veterans Health Administration, which possess a demonstrated capability to conduct programs of independent living services for severely handicapped persons, provide, under regulations which the Secretary shall prescribe, programs of independent living services and assistance under this chapter, in various geographic regions of the United States, to veterans described in subsection (b) of this section. **(b)** A program of independent living services and assistance may be made available under this section only to a veteran who has a serious employment handicap resulting in substantial part from a service-connected disability described in [section 3102(1)(A)(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3102/1/A/i&num=0&edition=prelim) and with respect to whom it is determined under section 3106(d) or (e) of this title that the achievement of a vocational goal currently is not reasonably feasible. **(c)** The Secretary shall, to the maximum extent feasible, include among those veterans who are provided with programs of independent living services and assistance under this section substantial numbers of veterans described in subsection (b) of this section who are receiving long-term care in Department of Veterans Affairs hospitals and nursing homes and in nursing homes with which the Secretary contracts for the provision of care to veterans. **(d)** A program of independent living services and assistance for a veteran shall consist of such services described in [section 3104(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3104/a&num=0&edition=prelim

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3120

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

38 U.S.C. § 3108 — Allowances

**(a)** (1) Except in the case of a veteran who makes an election under subsection (f) of this section and subject to the provisions of paragraph (3) of this subsection, each veteran shall be paid a subsistence allowance in accordance with this section during a period determined by the Secretary to be a period of such veteran’s participation under this chapter in a rehabilitation program. (2) (A) In any case in which the Secretary determines, at the conclusion of such veteran’s pursuit of a vocational rehabilitation program under this chapter, that such veteran has been rehabilitated to the point of employability, such veteran shall be paid a subsistence allowance, as prescribed in this section for full-time training for the type of program that the veteran was pursuing, for two months while satisfactorily following a program of employment services provided under [section 3104(a)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3104/a/5&num=0&edition=prelim). (B) In any case in which the Secretary determines that a veteran described in subparagraph (A) has been displaced as the result of a natural or other disaster while being paid a subsistence allowance under that subparagraph, as determined by the Secretary, the Secretary may extend the payment of a subsistence allowance under such subparagraph for up to an additional two months while the veteran is satisfactorily following a program of employment services described in such subparagraph. (3) A subsistence allowance may not be paid under this chapter to a veteran for any period during which such veteran is being provided with an initial evaluation under [section 3106(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3106/

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3108

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

38 U.S.C. § 5306 — Renouncement of right to benefits

**(a)** Any person entitled to pension, compensation, or dependency and indemnity compensation under any of the laws administered by the Secretary may renounce the right thereto. The application renouncing the right shall be in writing over the person’s signature. Upon the filing of such an application, payment of such benefits and the right thereto shall be terminated, and such person shall be denied any and all rights thereto from such filing. **(b)** Renouncement of rights shall not preclude any person from filing a new application for pension, compensation, or dependency and indemnity compensation at a later date, but such new application shall be treated as an original application, and no payments shall be made for any period before the date such new application is filed. **(c)** Notwithstanding subsection (b), if a new application for pension under chapter 15 of this title or for dependency and indemnity compensation for parents under [section 1315 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1315&num=0&edition=prelim) is filed within one year after renouncement of that benefit, such application shall not be treated as an original application and benefits will be payable as if the renouncement had not occurred.

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 5306

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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.

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3100

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

38 U.S.C. § 3117 — Employment assistance

**(a)** (1) A veteran with a service-connected disability rated at 10 percent or more who has participated in a vocational rehabilitation program under this chapter or a similar program under the Rehabilitation Act of 1973 ([29 U.S.C. 701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section701&num=0&edition=prelim) et seq.) and who the Secretary has determined to be employable shall be furnished assistance in obtaining employment consistent with such veteran’s abilities, aptitudes, interests, and employment handicap, including assistance necessary to insure that such veteran receives the benefit of any applicable provisions of law or regulation providing for special consideration or emphasis or preference for such veteran in employment or training. (2) Assistance provided under this subsection may include— (A) direct placement of such veteran in employment; (B) utilization of employment, training, and placement services under chapter 41 of this title; and (C) utilization of the job development and placement services of (i) programs under the Rehabilitation Act of 1973, (ii) the State employment service and the Veterans’ Employment Service of the Department of Labor, (iii) the Office of Personnel Management, (iv) any other public or nonprofit organization having placement services available, and (v) any for-profit entity in a case in which the Secretary has determined that services necessary to provide such assistance are available from such entity and that comparably effective services are not available, or cannot be obtained cost-effectively, from the entities described in subclauses (i) through (iv) of this subparagraph. **(b)** (1) In any case in which a veteran has completed a vocational rehabilitation program for self-employmen

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3117

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

29 U.S.C. § 3173 — General authorization

The Secretary shall make allotments under paragraphs (1)(B) and (2)(B) of [section 3172(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3172/b&num=0&edition=prelim) to each State that meets the requirements of section 3112 or 3113 of this title and grants under paragraphs (1)(A) and (2)(A) of [section 3172(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3172/b&num=0&edition=prelim) to each outlying area that complies with the requirements of this subchapter, to assist the State or outlying area, and to enable the State or outlying area to assist local areas, for the purpose of providing workforce investment activities for adults, and dislocated workers, in the State or outlying area and in the local areas.

Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 3173

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

38 U.S.C. § 4211 — Definitions

As used in this chapter— (1) The term “special disabled veteran” means— (A) a veteran who is entitled to compensation (or who but for the receipt of military retired pay would be entitled to compensation) under laws administered by the Secretary for a disability (i) rated at 30 percent or more, or (ii) rated at 10 or 20 percent in the case of a veteran who has been determined under [section 3106 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3106&num=0&edition=prelim) to have a serious employment handicap; or (B) a person who was discharged or released from active duty because of service-connected disability. (2) The term “veteran of the Vietnam era” means an eligible veteran any part of whose active military, naval, or air service was during the Vietnam era. (3) The term “disabled veteran” means (A) a veteran who is entitled to compensation (or who but for the receipt of military retired pay would be entitled to compensation) under laws administered by the Secretary, or (B) a person who was discharged or released from active duty because of a service-connected disability. (4) The term “eligible veteran” means a person who— (A) served on active duty for a period of more than 180 days and was discharged or released therefrom with other than a dishonorable discharge; (B) was discharged or released from active duty because of a service-connected disability; (C) as a member of a reserve component under an order to active duty pursuant to section 12301(a), (d), or (g), 12302, or 12304 of title 10, served on active duty during a period of war or in a campaign or expedition for which a campaign badge is authorized and was discharged or released from such duty with other than a dishonorable discharge; or (D) was

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 4211

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

38 U.S.C. § 3106 — Initial and extended evaluations; deter-

Page 694 TITLE 38—VETERANS’ BENEFITS § 3106 Secretary for purposes of this clause) incurred or aggravated in such service. (B) In this paragraph, the term ‘‘Post-9/11 Global Operations period’’ means the period of the Persian Gulf War beginning on September 11, 2001, and ending on the date thereafter pre- scribed by Presidential proclamation or by law. (e)(1) Notwithstanding any other provision of this chapter or chapter 36 of this title, any pay- ment of a subsistence allowance and other as- sistance described in paragraph (2) shall not— (A) be charged against any entitlement of any veteran under this chapter; or (B) be counted toward the aggregate period for which section 3695 of this title limits an in- dividual’s receipt of allowance or assistance. (2) The payment of the subsistence allowance and other assistance referred to in paragraph (1) is the payment of such an allowance or assist- ance for the period described in paragraph (3) to a veteran for participation in a vocational reha- bilitation program under this chapter if the Sec- retary finds that the veteran had to suspend or discontinue participation in such vocational re- habilitation program as a result of being ordered to serve on active duty under section 688, 12301(a), 12301(d), 12301(g), 12302, 12304, 12304a, or 12304b of title 10. (3) The period for which, by reason of this sub- section, a subsistence allowance and other as- sistance is not charged against entitlement or counted toward the applicable aggregate period under section 3695 of this title shall be the pe- riod of participation in the vocational rehabili- tation program for which the veteran failed to receive credit or with respect to which the vet- eran lost training time, as determined by the Secretary. (Added Pub. L.

Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 3106

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