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38 U.S.C. § 3107 — Individualized vocational rehabilitation plan

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

38 U.S.C. § 3107 — Individualized vocational rehabilitation plan

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Source location: Title 38, Chapter 31, § 3107; chapter-031-training-and-rehabilitation-for-veterans-with-service-connected-disabilities.md

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**(a)** The Secretary shall formulate an individualized written plan of vocational rehabilitation for a veteran described in [section 3106(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3106/b&num=0&edition=prelim). Such plan shall be developed with such veteran and shall include, but not be limited to (1) a statement of long-range rehabilitation goals for such veteran and intermediate rehabilitation objectives related to achieving such goals, (2) a statement of the specific services (which shall include counseling in all cases) and assistance to be provided under this chapter, (3) the projected date for the initiation and the anticipated duration of each such service, and (4) objective criteria and an evaluation procedure and schedule for determining whether such objectives and goals are being achieved. **(b)** (1) The Secretary shall review at least annually the plan formulated under subsection (a) of this section for a veteran and shall afford such veteran the opportunity to participate in each such review. (2) On the basis of such review, the Secretary shall— (A) redevelop such plan with such veteran if the Secretary determines the achievement of the long-range rehabilitation goals for such veteran is— (i) no longer feasible due to changes in the employment handicap of the veteran; and (ii) likelier under a different plan formulated under subsection (a); or (B) disapprove redevelopment of such plan if the Secretary determines such redevelopment is not appropriate. **(c)** (1) Each veteran for whom a plan has been developed or redeveloped under subsection (a) or (b)(1), respectively, of this section or in whose case redevelopment of a plan has been disapproved under subsection (b)(2) of this section, shall be informed of such veteran’s opportunity for a review as provided in paragraph (2) of this subsection. (2) In any case in which a veteran does not agree to such plan as proposed, to such plan as redeveloped, or to the disapproval of redevelopment of such plan, such veteran may submit to the person described in [section 3106(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3106/f&num=0&edition=prelim) a written statement containing such veteran’s objections and request a review of such plan as proposed or redeveloped, or a review of the disapproval of redevelopment of such plan, as the case may be. (3) The Secretary shall review the statement submitted under paragraph (2) of this subsection and the plan as proposed or as redeveloped, and, if applicable, the disapproval of redevelopment of the plan, and render a decision on such review not later than ninety days after the date on which such veteran submits such statement, unless the case is one for which a longer period for review, not to exceed 150 days after such veteran submits such statement, is allowed under regulations prescribed by the Secretary, in which case the Secretary shall render a decision no later than the last day of the period prescribed in such regulations.

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

38 U.S.C. § 5307 — Apportionment of benefits

**(a)** All or any part of the compensation, pension, or emergency officers’ retirement pay payable on account of any veteran may— (1) if the veteran is being furnished hospital treatment, institutional, or domiciliary care by the United States, or any political subdivision thereof, be apportioned on behalf of the veteran’s spouse, children, or dependent parents; and (2) if the veteran is not living with the veteran’s spouse, or if the veteran’s children are not in the custody of the veteran, be apportioned as may be prescribed by the Secretary. **(b)** Where any of the children of a deceased veteran are not in the custody of the veteran’s surviving spouse, the pension, compensation, or dependency and indemnity compensation otherwise payable to the surviving spouse may be apportioned as prescribed by the Secretary. **(c)** If a veteran is not living with the veteran’s spouse, or if any of the veteran’s children are not in the custody of the veteran, any subsistence allowance payable to the veteran under chapter 31 of this title or that portion of the educational assistance allowance payable on account of dependents under chapter 34 of this title may be apportioned as may be prescribed by the Secretary.

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 5307

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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. § 1507 — Disappearance

Where a veteran receiving pension under subchapter II of this chapter disappears, the Secretary may pay the pension otherwise payable to such veteran’s spouse and children. In applying the provisions of this section, the Secretary may presume, without reports pursuant to [section 1506(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1506/a&num=0&edition=prelim), that the status of the veteran at the time of disappearance, with respect to permanent and total disability, income, and net worth, continues unchanged. Payments made to a spouse or child under this section shall not exceed the amount to which each would be entitled if the veteran died of a non-service-connected disability.

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1507

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

38 U.S.C. § 101 — Definitions

For the purposes of this title— (1) The terms “Secretary” and “Department” mean the Secretary of Veterans Affairs and the Department of Veterans Affairs, respectively. (2) The term “veteran” means a person who served in the active military, naval, air, or space service, and who was discharged or released therefrom under conditions other than dishonorable. (3) The term “surviving spouse” means (except for purposes of chapter 19 of this title) a person who was the spouse of a veteran at the time of the veteran’s death, and who lived with the veteran continuously from the date of marriage to the date of the veteran’s death (except where there was a separation which was due to the misconduct of, or procured by, the veteran without the fault of the spouse) and who has not remarried. (4) (A) The term “child” means (except for purposes of chapter 19 of this title (other than with respect to a child who is an insurable dependent under subparagraph (B) or (C) of section 1965(10) of such chapter) and [section 8502(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section8502/b&num=0&edition=prelim)) a person who is unmarried and— (i) who is under the age of eighteen years; (ii) who, before attaining the age of eighteen years, became permanently incapable of self-support; or (iii) who, after attaining the age of eighteen years and until completion of education or training (but not after attaining the age of twenty-three years), is pursuing a course of instruction at an approved educational institution; and who is a legitimate child, a legally adopted child, a stepchild who is a member of a veteran’s household or was a member at the time of the veteran’s death, or an illegitimate child but, as to the alleged father, onl

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 101

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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

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1524

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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. § 3107 — Individualized vocational rehabilitation

Page 695 TITLE 38—VETERANS’ BENEFITS § 3107 ment 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 re- habilitation developed under section 3107(a) of this title. (c) In any case in which the Secretary has de- termined that a veteran has a serious employ- ment 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 pro- vided with an extended evaluation consisting of the services described in section 3104(a)(1) of this title, such services under this chapter as the Secretary determines necessary to improve such veteran’s potential for participation in a pro- gram of services designed to achieve a voca- tional goal and enable such veteran to achieve maximum independence in daily living, and as- sistance as authorized by section 3108 of this title. (d) In any case in which the Secretary has de- termined that a veteran has a serious employ- ment 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 par- ticipating in a program of independent living services and assistance under section 3120 of this title. (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 sub- section (c) of this section (including a

Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 3107

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