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38 U.S.C. § 1524 — Vocational training for certain pension recipients
Federal law — U.S. Code and appendices · legal_authorities
**(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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Source file: Laws/federal/codes/united-states-code/title-38/section-1524-vocational-training-for-certain-pension-recipients--3f358ed0a7.md
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Source location: Title 38, Chapter 15, § 1524; chapter-015-pension-for-non-service-connected-disability-or-death-or-for-service.md
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**(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 veteran is reasonably feasible, the veteran shall be offered and may elect to pursue a vocational training program under this subsection. If the veteran elects to pursue such a program, the program shall be designed in consultation with the veteran in order to meet the veteran’s individual needs and shall be set forth in an individualized written plan of vocational rehabilitation of the kind described in [section 3107 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3107&num=0&edition=prelim).
(2)
(A) Subject to subparagraph (B) of this paragraph, a vocational training program under this subsection shall consist of vocationally oriented services and assistance of the kind provided under chapter 31 of this title and such other services and assistance of the kind provided under that chapter as are necessary to enable the veteran to prepare for and participate in vocational training or employment.
(B) A vocational training program under this subsection—
(i) may not exceed 24 months unless, based on a determination by the Secretary that an extension is necessary in order for the veteran to achieve a vocational goal identified (before the end of the first 24 months of such program) in the written plan formulated for the veteran, the Secretary grants an extension for a period not to exceed 24 months;
(ii) may not include the provision of any loan or subsistence allowance or any automobile adaptive equipment of the kind provided under chapter 39 of this title; and
(iii) may include a program of education at an institution of higher learning (as defined in sections 3452(b) and 3452(f), respectively, of this title) only in a case in which the Secretary determines that the program involved is predominantly vocational in content.
(3) When a veteran completes a vocational training program under this subsection, the Secretary may provide the veteran with counseling of the kind 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), placement and postplacement services of the kind 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), and training of the kind described in [section 3104(a)(6) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3104/a/6&num=0&edition=prelim) during a period not to exceed 18 months beginning on the date of such completion.
(4) A veteran may not begin pursuit of a vocational training program under this subsection after the later of (A) December 31, 1995, or (B) the end of a reasonable period of time, as determined by the Secretary, following either the evaluation of the veteran under subsection (a) of this section or the award of pension to the veteran as described in subsection (a)(2) of this section. Any determination by the Secretary of such a reasonable period of time shall be made pursuant to regulations which the Secretary shall prescribe.
**(c)** In the case of a veteran who has been determined to have a permanent and total non-service-connected disability and who, not later than one year after the date the veteran’s eligibility for counseling under subsection (b)(3) of this section expires, secures employment within the scope of a vocational goal identified in the veteran’s individualized written plan of vocational rehabilitation (or in a related field which requires reasonably developed skills and the use of some or all of the training or services furnished the veteran under such plan), the evaluation of the veteran as having a permanent and total disability may not be terminated by reason of the veteran’s capacity to engage in such employment until the veteran first maintains such employment for a period of not less than 12 consecutive months.
**(d)** A veteran who pursues a vocational training program under subsection (b) of this section shall have the benefit of the provisions of subsection (a) of [section 1525 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1525&num=0&edition=prelim) beginning at such time as the veteran’s entitlement to pension is terminated by reason of income from work or training (as defined in subsection (b)(1) of that section) without regard to the date on which the veteran’s entitlement to pension is terminated.
**(e)** Payments by the Secretary for education, training, and other services and assistance under subsection (b) of this section (other than the services of Department employees) shall be made from the Department appropriations account from which payments for pension are made.
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1163
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Federal law — U.S. Code and appendices · legal_authorities
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1525
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Federal law — U.S. Code and appendices · legal_authorities
**(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,
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3107
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary may compile and publish all Federal laws relating to veterans’ relief, including laws administered by the Department as well as by other agencies of the Government. Such compilation and publication shall be in such form as the Secretary considers advisable for the purpose of making currently available in convenient form for the use of the Department and full-time representatives of the several service organizations an annotated, indexed, and cross-referenced statement of the laws providing veterans’ relief.
**(b)** The Secretary may maintain such compilation on a current basis either by the publication, from time to time, of supplementary documents or by complete revision of the compilation.
**(c)** The distribution of the compilation to the representatives of the several service organizations shall be as determined by the Secretary.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 525
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Federal law — U.S. Code and appendices · legal_authorities
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1313
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Federal law — U.S. Code and appendices · legal_authorities
Page 249
TITLE 38—VETERANS’ BENEFITS
§ 1524
Stat. 1018; renumbered § 1523 and amended Pub.
L. 102–83, §§ 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991,
105 Stat. 404–406.)
Editorial Notes
AMENDMENTS
1991—Pub. L. 102–83, § 5(a), renumbered section 523 of
this title as this section.
Subsec. (a). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted
‘‘Secretary’’ for ‘‘Administrator’’.
Subsec. (b). Pub. L. 102–83, § 5(c)(1), substituted ‘‘1521’’
for ‘‘521’’.
Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Sec-
retary’’ for ‘‘Administrator’’.
1975—Subsec. (b). Pub. L. 94–169 substituted ‘‘such
veteran’’ for ‘‘him’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1975 AMENDMENT
Pub. L. 94–169, title I, § 106, Dec. 23, 1975, 89 Stat. 1017,
provided that the amendment made by that section is
effective Jan. 1, 1976.
§ 1524. Vocational training for certain pension re-
cipients
(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 pro-
gram 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 train-
ing 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 pe-
riod, or a veteran who was awarded pension be-
for
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 1524
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