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38 U.S.C. § 1805 — Vocational training and rehabilitation

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

38 U.S.C. § 1805 — Vocational training and rehabilitation

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Source file: Laws/federal/codes/united-states-code/title-38/section-1805-vocational-training-and-rehabilitation--df288d0d10.md
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Source location: Title 38, Chapter 18, § 1805; chapter-018-benefits-for-children-of-vietnam-veterans-and-certain-other-veterans.md

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**(a)** Pursuant to such regulations as the Secretary may prescribe, the Secretary may provide vocational training under this section to a child of a Vietnam veteran who is suffering from spina bifida if the Secretary determines that the achievement of a vocational goal by such child is reasonably feasible. **(b)** Any program of vocational training for a child under this section shall— (1) be designed in consultation with the child in order to meet the child’s individual needs; (2) be set forth in an individualized written plan of vocational rehabilitation; and (3) be designed and developed before the date specified in subsection (d)(3) so as to permit the beginning of the program as of the date specified in that subsection. **(c)** (1) A vocational training program for a child under this section— (A) shall consist of such vocationally oriented services and assistance, including such placement and post-placement services and personal and work adjustment training, as the Secretary determines are necessary to enable the child to prepare for and participate in vocational training or employment; and (B) may include a program of education at an institution of higher learning if the Secretary determines that the program of education is predominantly vocational in content. (2) A vocational training program under this section may not include the provision of any loan or subsistence allowance or any automobile adaptive equipment. **(d)** (1) Except as provided in paragraph (2) and subject to subsection (e)(2), a vocational training program under this section may not exceed 24 months. (2) The Secretary may grant an extension of a vocational training program for a child under this section for up to 24 additional months if the Secretary determines that the extension is necessary in order for the child to achieve a vocational goal identified (before the end of the first 24 months of such program) in the written plan of vocational rehabilitation formulated for the child pursuant to subsection (b). (3) A vocational training program under this section may begin on the child’s 18th birthday, or on the successful completion of the child’s secondary schooling, whichever first occurs, except that, if the child is above the age of compulsory school attendance under applicable State law and the Secretary determines that the child’s best interests will be served thereby, the vocational training program may begin before the child’s 18th birthday. **(e)** (1) A child who is pursuing a program of vocational training under this section and is also eligible for assistance under a program under chapter 35 of this title may not receive assistance under both such programs concurrently. The child shall elect (in such form and manner as the Secretary may prescribe) the program under which the child is to receive assistance. (2) The aggregate period for which a child may receive assistance under this section and chapter 35 of this title may not exceed 48 months (or the part-time equivalent thereof).

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

38 U.S.C. § 3704 — Restrictions on loans

**(a)** No loan for the purchase or construction of residential property shall be financed through the assistance of this chapter unless the property meets or exceeds minimum requirements for planning, construction, and general acceptability prescribed by the Secretary; however, this subsection shall not apply to a loan for the purchase of residential property on which construction is fully completed more than one year before such loan is made. **(b)** Subject to notice and opportunity for a hearing, the Secretary may refuse to appraise any dwelling or housing project owned, sponsored, or to be constructed by any person identified with housing previously sold to veterans under this chapter as to which substantial deficiencies have been discovered, or as to which there has been a failure or indicated inability to discharge contractual liabilities to veterans, or as to which it is ascertained that the type of contract of sale or the methods or practices pursued in relation to the marketing of such properties were unfair or unduly prejudicial to veteran purchasers. The Secretary may also refuse to appraise any dwelling or housing project owned, sponsored, or to be constructed by any person refused the benefits of participation under the National Housing Act pursuant to a determination of the Secretary of Housing and Urban Development. **(c)** (1) Except as provided in paragraph (2) of this subsection, no loan for the purchase or construction of residential property shall be financed through the assistance of this chapter unless the veteran applicant, at the time that the veteran applies for the loan, and also at the time that the loan is closed, certifies in such form as the Secretary may require, that the veteran intends to occupy the property as the veteran’s home. Ex

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

38 U.S.C. § 3705 — Warranties

**(a)** The Secretary shall require that in connection with any property upon which there is located a dwelling designed principally for not more than a four-family residence and which is appraised for guaranty or insurance before the beginning of construction, the seller or builder, and such other person as may be required by the Secretary to become warrantor, shall deliver to the purchaser or owner of such property a warranty that the dwelling is constructed in substantial conformity with the plans and specifications (including any amendments thereof, or changes and variations therein, which have been approved in writing by the Secretary) on which the Secretary based the Secretary’s valuation of the dwelling. The Secretary shall deliver to the builder, seller, or other warrantor the Secretary’s written approval (which shall be conclusive evidence of such appraisal) of any amendment of, or change or variation in, such plans and specifications which the Secretary deems to be a substantial amendment thereof, or change or variation therein, and shall file a copy of such written approval with such plans and specifications. Such warranty shall apply only with respect to such instances of substantial nonconformity to such approved plans and specifications (including any amendments thereof, or changes or variations therein, which have been approved in writing, as provided in this section, by the Secretary) as to which the purchaser or home owner has given written notice to the warrantor within one year from the date of conveyance of title to, or initial occupancy of, the dwelling, whichever first occurs. Such warranty shall be in addition to, and not in derogation of, all other rights and privileges which such purchaser or owner may have under any other law or instrument. The

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

38 U.S.C. § 5312 — Annual adjustment of certain benefit rates

**(a)** Whenever there is an increase in benefit amounts payable under title II of the Social Security Act ([42 U.S.C. 401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section401&num=0&edition=prelim) et seq.) as a result of a determination made under section 215(i) of such Act ([42 U.S.C. 415(i)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section415/i&num=0&edition=prelim)), the Secretary shall, effective on the date of such increase in benefit amounts, increase each maximum annual rate of pension under sections 1521, 1541, and 1542 of this title, the rate of increased pension paid under such sections 1521 and 1541 on account of children, and each rate of monthly allowance paid under [section 1805 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1805&num=0&edition=prelim), as such rates were in effect immediately prior to the date of such increase in benefit amounts payable under title II of the Social Security Act, by the same percentage as the percentage by which such benefit amounts are increased. **(b)** (1) Whenever there is an increase in benefit amounts payable under title II of the Social Security Act ([42 U.S.C. 401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section401&num=0&edition=prelim) et seq.) as a result of a determination made under section 215(i) of such Act ([42 U.S.C. 415(i)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section415/i&num=0&edition=prelim)), the Secretary shall, effective on the date of such increase in benefit amounts, increase the maximum monthly rates of dependency and indemnity compensation for parents payable under subsections (b), (c), and (d), and the monthly rate provided in subsecti

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 5312

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

38 U.S.C. § 1805 — Monetary allowance

Page 490 TITLE 38—VETERANS’ BENEFITS § 1805 § 1805. Monetary allowance (a) The Secretary shall pay a monthly allow- ance under this section to any child of a Viet- nam veteran for any disability resulting from spina bifida suffered by such child. (b)(1) The amount of the allowance paid to a child under this section shall be based on the de- gree of disability suffered by the child, as deter- mined in accordance with such schedule for rat- ing disabilities resulting from spina bifida as the Secretary may prescribe. (2) The Secretary shall, in prescribing the rat- ing schedule for the purposes of this section, es- tablish three levels of disability upon which the amount of the allowance provided by this sec- tion shall be based. (3) The amounts of the allowance shall be $200 per month for the lowest level of disability pre- scribed, $700 per month for the intermediate level of disability prescribed, and $1,200 per month for the highest level of disability pre- scribed. Such amounts are subject to adjust- ment under section 5312 of this title. (Added Pub. L. 104–204, title IV, § 421(b)(1), Sept. 26, 1996, 110 Stat. 2925; amended Pub. L. 106–419, title IV, § 401(c)(2), (e)(2), Nov. 1, 2000, 114 Stat. 1860.) Editorial Notes PRIOR PROVISIONS A prior section 1805 was renumbered section 3705 of this title. AMENDMENTS 2000—Subsec. (a). Pub. L. 106–419, § 401(e)(2), sub- stituted ‘‘this section’’ for ‘‘this chapter’’. Subsecs. (c), (d). Pub. L. 106–419, § 401(c)(2), struck out subsecs. (c) and (d) which read as follows: ‘‘(c) Notwithstanding any other provision of law, re- ceipt by a child of an allowance under this section shall not impair, infringe, or otherwise affect the right of the child to receive any other benefit to which the child may otherwise

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