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38 U.S.C. § 1163 — Trial work periods and vocational rehabilitation for certain veterans with total disability ratings

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

38 U.S.C. § 1163 — Trial work periods and vocational rehabilitation for certain veterans with total disability ratings

**(a)** (1) The disability rating of a qualified veteran who begins to engage in a substantially gainful occupation after January 31, 1985, may not be reduced on the basis of the veteran having secured and followed a substantially gainful occupation unless the veteran maintains such an occupation for a period of 12 consecutive months. (2) For purposes of this section, the term “qualified veteran” means a veteran who has a service-connected disability, or service-connected disabilities, not rated as total but who has been awarded a rating of total disability by reason of inability to secure or follow a substantially gainful occupation as a result of such disability or disabilities. **(b)** The Secretary shall make counseling services described in [section 3104(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3104/a/2&num=0&edition=prelim) and placement and postplacement services described in [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) available to each qualified veteran (whether or not the veteran is participating in a vocational rehabilitation program under chapter 31 of this title). **(c)** (1) In the case of each award after January 31, 1985, of a rating of total disability described in subsection (a)(2) of this section to a veteran, the Secretary shall provide to the veteran, at the time that notice of the award is provided to the veteran, a statement providing— (A) notice of the provisions of this section; (B) information explaining the purposes and availability of and eligibility for, and the procedures for pursuing, a vocational rehabilitation program under chapter 31 of this title; and (C) a summary descri

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Source file: Laws/federal/codes/united-states-code/title-38/section-1163-trial-work-periods-and-vocational-rehabilitation-for-certain-veterans-wi--b5c7ce9a85.md
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Source location: Title 38, Chapter 11, § 1163; chapter-011-compensation-for-service-connected-disability-or-death.md

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

38 U.S.C. § 1525 — Protection of health-care eligibility

**(a)** In the case of a veteran whose entitlement to pension is terminated after January 31, 1985, by reason of income from work or training, the veteran shall retain for a period of three years beginning on the date of such termination all eligibility for care and services under such chapter that the veteran would have had if the veteran’s entitlement to pension had not been terminated. Care and services for which such a veteran retains eligibility include, when applicable, drugs and medicines under [section 1712(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1712/d&num=0&edition=prelim). **(b)** For purposes of this section, the term “terminated by reason of income from work or training” means terminated as a result of the veteran’s receipt of earnings from activity performed for remuneration or with gain, but only if the veteran’s annual income from sources other than such earnings would, taken alone, not result in the termination of the veteran’s pension.

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

38 U.S.C. § 1524 — Vocational training for certain pension recipients

**(a)** (1) In the case of a veteran under age 45 who is awarded a pension during the program period, the Secretary shall, based on information on file with the Department of Veterans Affairs, make a preliminary finding whether such veteran, with the assistance of a vocational training program under this section, has a good potential for achieving employment. If such potential is found to exist, the Secretary shall solicit from the veteran an application for vocational training under this section. If the veteran thereafter applies for such training, the Secretary shall provide the veteran with an evaluation, which may include a personal interview, to determine whether the achievement of a vocational goal is reasonably feasible. (2) If a veteran who is 45 years of age or older and is awarded pension during the program period, or a veteran who was awarded pension before the beginning of the program period, applies for vocational training under this section and the Secretary makes a preliminary finding on the basis of information in the application that, with the assistance of a vocational training program under subsection (b) of this section, the veteran has a good potential for achieving employment, the Secretary shall provide the veteran with an evaluation in order to determine whether the achievement of a vocational goal by the veteran is reasonably feasible. Any such evaluation shall include a personal interview by a Department employee trained in vocational counseling. (3) For the purposes of this section, the term “program period” means the period beginning on February 1, 1985, and ending on December 31, 1995. **(b)** (1) If the Secretary, based upon an evaluation under subsection (a) of this section, determines that the achievement of a vocational goal by a ve

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

38 U.S.C. § 1313 — Dependency and indemnity compensation to children

**(a)** Whenever there is no surviving spouse of a deceased veteran entitled to dependency and indemnity compensation, dependency and indemnity compensation shall be paid in equal shares to the children of the deceased veteran at the following monthly rates: (1) one child, $488; (2) two children, $701; (3) three children, $915; and (4) more than three children, $915, plus $174 for each child in excess of three. **(b)** If dependency and indemnity compensation has been awarded under this section to a veteran’s child or children and the entitlement to dependency and indemnity compensation under this section of an additional child of that veteran who is over the age of eighteen years and who had previously been entitled to dependency and indemnity compensation under this section before becoming eighteen years of age is later reestablished effective retroactively upon determination that such child is pursuing a course of instruction at an approved educational institution, the amount payable retroactively to the additional child is the amount equal to the difference between the total of the increased award payable under this section to the children of the deceased veteran for the retroactive period and the prior total award for such purpose for that period.

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

38 U.S.C. § 1163 — Trial work periods and vocational reha-

Page 196 TITLE 38—VETERANS’ BENEFITS § 1163 EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95–117 effective Oct. 1, 1977, see section 501 of Pub. L. 95–117, set out as a note under section 1114 of this title. EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94–433 effective Oct. 1, 1976, see section 406 of Pub. L. 94–433, set out as a note under section 1101 of this title. EFFECTIVE DATE OF 1975 AMENDMENT Amendment by Pub. L. 94–71 effective Aug. 1, 1975, see section 301 of Pub. L. 94–71, set out as a note under sec- tion 1114 of this title. EFFECTIVE DATE Section effective first day of second calendar month which begins after June 30, 1972, see section 301(a) of Pub. L. 92–328, set out as an Effective Date of 1972 Amendment note under section 1114 of this title. REPEAL Section 405(d) of Pub. L. 97–253, cited as a credit to this section, was repealed by Pub. L. 97–306, §§ 107, 108, Oct. 14, 1982, 96 Stat. 1431, 1432, eff. Oct. 1, 1982. SPECIAL BENEFIT ALLOWANCE RATES For current VA special benefit allowance rates, see https://www.va.gov/disability/compensation-rates/spe- cial-benefit-allowance-rates/ § 1163. Trial work periods and vocational reha- bilitation for certain veterans with total dis- ability ratings (a)(1) The disability rating of a qualified vet- eran who begins to engage in a substantially gainful occupation after January 31, 1985, may not be reduced on the basis of the veteran hav- ing secured and followed a substantially gainful occupation unless the veteran maintains such an occupation for a period of 12 consecutive months. (2) For purposes of this section, the term ‘‘qualified veteran’’ means a veteran who has a service-connected disability, or service-con- nected disabilities, not rated as total but who ha

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