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38 U.S.C. § 1505 — Payment of pension during confinement in penal institutions
Federal law — U.S. Code and appendices · legal_authorities
**(a)** No pension under public or private laws administered by the Secretary shall be paid to or for an individual who has been imprisoned in a Federal, State, local, or other penal institution or correctional facility as a result of conviction of a felony or misdemeanor for any part of the period beginning sixty-one days after such individual’s imprisonment begins and ending when such individual’s imprisonment ends.
**(b)** Where any veteran is disqualified for pension for any period solely by reason of subsection (a) of this section, the Secretary may apportion and pay to such veteran’s spouse or children the pension which such veteran would receive for that period but for this section.
**(c)** Where any surviving spouse or child of a veteran is disqualified for pension for any period solely by reason of subsection (a) of this section, the Secretary may (1) if the surviving spouse is so disqualified, pay to the child, or children, the pension which would be payable if there were no such surviving spouse or (2) if a child is so disqualified, pay to the surviving spouse or other children, as applicable, the pension which would be payable if there were no such child.
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Stable record: federal_law:legal_authorities:record_usc_78350e03a0a9a0370e185242
Source file: Laws/federal/codes/united-states-code/title-38/section-1505-payment-of-pension-during-confinement-in-penal-institutions--431853654d.md
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Source location: Title 38, Chapter 15, § 1505; chapter-015-pension-for-non-service-connected-disability-or-death-or-for-service.md
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**(a)** No pension under public or private laws administered by the Secretary shall be paid to or for an individual who has been imprisoned in a Federal, State, local, or other penal institution or correctional facility as a result of conviction of a felony or misdemeanor for any part of the period beginning sixty-one days after such individual’s imprisonment begins and ending when such individual’s imprisonment ends.
**(b)** Where any veteran is disqualified for pension for any period solely by reason of subsection (a) of this section, the Secretary may apportion and pay to such veteran’s spouse or children the pension which such veteran would receive for that period but for this section.
**(c)** Where any surviving spouse or child of a veteran is disqualified for pension for any period solely by reason of subsection (a) of this section, the Secretary may (1) if the surviving spouse is so disqualified, pay to the child, or children, the pension which would be payable if there were no such surviving spouse or (2) if a child is so disqualified, pay to the surviving spouse or other children, as applicable, the pension which would be payable if there were no such child.
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary shall prescribe such regulations as the Secretary determines necessary for granting leaves of absence to veterans pursuing rehabilitation programs under this chapter. During authorized leaves of absence, a veteran shall be considered to be pursuing such program.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3110
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Federal law — U.S. Code and appendices · legal_authorities
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
The Secretary may require the opinion of the Attorney General on any question of law arising in the administration of the Department.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 505
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3105
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Federal law — U.S. Code and appendices · legal_authorities
Page 237
TITLE 38—VETERANS’ BENEFITS
§ 1506
under the 2020 Recovery Rebate in the Coronavirus Aid,
Relief, and Economic Security Act [Pub. L. 116–136, see
Tables for classification] shall not be treated as income
or resources for purposes of determining eligibility for
pension under chapter 15 of title 38, United States Code,
or any other benefit under a law administered by the
Secretary of Veterans Affairs.’’
§ 1504. Persons heretofore having a pensionable
status
The pension benefits of subchapters II and III
of this chapter shall, notwithstanding the serv-
ice requirements of such subchapters, be granted
to persons heretofore recognized by law as hav-
ing a pensionable status.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1134, § 504;
renumbered § 1504, Pub. L. 102–83, § 5(a), Aug. 6,
1991, 105 Stat. 406.)
Editorial Notes
PRIOR PROVISIONS
Prior section 1504 was renumbered section 3104 of this
title.
Another prior section 1504, Pub. L. 85–857, Sept. 2,
1958, 72 Stat. 1172; Pub. L. 89–137, § 1(a), Aug. 26, 1965, 79
Stat. 576; Pub. L. 90–431, July 26, 1968, 82 Stat. 447; Pub.
L. 91–219, title I, § 101, Mar. 26, 1970, 84 Stat. 76; Pub. L.
92–540, title I, § 101(2), Oct. 24, 1972, 86 Stat. 1074; Pub. L.
93–508, title I, § 101(3), Dec. 3, 1974, 88 Stat. 1579; Pub. L.
93–602, title II, § 202, Jan. 2, 1975, 88 Stat. 1958; Pub. L.
94–502, title I, §§ 101, 104(4), Oct. 15, 1976, 90 Stat. 2383,
2384; Pub. L. 95–202, title I, § 101, Nov. 23, 1977, 91 Stat.
1433, related to subsistence allowances to be paid vet-
erans while pursuing a course of vocational rehabilita-
tion training under chapter 31 of this title, prior to re-
peal, effective Oct. 1, 1980, by Pub. L. 96–466, title VIII,
§ 802(a)(4), Oct. 17, 1980, 94 Stat. 2218. See section 3108 of
this title.
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 1505
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