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38 U.S.C. § 3541 — Entitlement to special restorative training
Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary at the request of an eligible person is authorized—
(1) to determine whether such person is in need of special restorative training; and
(2) where need is found to exist, to prescribe a course which is suitable to accomplish the purposes of this chapter.
Such a course, at the discretion of the Secretary, may contain elements that would contribute toward an ultimate objective of a program of education.
**(b)** The total period of educational assistance under this subchapter and other subchapters of this chapter may not exceed the amount of entitlement as established in [section 3511 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3511&num=0&edition=prelim), except that the Secretary may extend such period in the case of any person if the Secretary finds that additional assistance is necessary to accomplish the purpose of special restorative training as stated in subsection (a) of this section.
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Source file: Laws/federal/codes/united-states-code/title-38/section-3541-entitlement-to-special-restorative-training--ecda5f40ef.md
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Source location: Title 38, Chapter 35, § 3541; chapter-035-survivors-and-dependents-educational-assistance.md
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**(a)** The Secretary at the request of an eligible person is authorized—
(1) to determine whether such person is in need of special restorative training; and
(2) where need is found to exist, to prescribe a course which is suitable to accomplish the purposes of this chapter.
Such a course, at the discretion of the Secretary, may contain elements that would contribute toward an ultimate objective of a program of education.
**(b)** The total period of educational assistance under this subchapter and other subchapters of this chapter may not exceed the amount of entitlement as established in [section 3511 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3511&num=0&edition=prelim), except that the Secretary may extend such period in the case of any person if the Secretary finds that additional assistance is necessary to accomplish the purpose of special restorative training as stated in subsection (a) of this section.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Except as provided in [section 1745 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1745&num=0&edition=prelim), the Secretary shall pay each State at the per diem rate of—
(A) $8.70 for domiciliary care; and
(B) $20.35 for nursing home care and hospital care,
for each veteran receiving such care in a State home, if such veteran is eligible for such care under the laws administered by the Secretary.
(2) The Secretary may pay each State per diem at a rate determined by the Secretary for each veteran receiving extended care services described in any of paragraphs (4) through (6) of [section 1710B(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1710B/a&num=0&edition=prelim) under a program administered by a State home, if such veteran is eligible for such care under laws administered by the Secretary.
**(b)** In no case shall the payments made with respect to any veteran under this section exceed one-half of the cost of the veterans’ care in such State home.
**(c)** Whenever the Secretary makes a determination pursuant to [section 1720(a)(2)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1720/a/2/A&num=0&edition=prelim) that the cost of care furnished by the Department in a general hospital under the direct jurisdiction of the Secretary has increased, the Secretary may, effective no earlier than the date of such determination, increase the rates paid under subsection (a) of this section by a percentage not greater than the percentage by which the Secretary has determined that such cost of care has increased.
**(d)** Subject to [section 1743 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1741
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Each eligible person, whether made eligible by one or more of the provisions of [section 3501(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3501/a/1&num=0&edition=prelim), shall be entitled to educational assistance under this chapter—
(A) in the case of a person who first enrolls in a program of education using such entitlement before August 1, 2018, for an aggregate period not in excess of 45 months (or to the equivalent thereof in part-time training); or
(B) in the case of a person who first enrolls in a program of education using such entitlement on or after August 1, 2018, for an aggregate period not in excess of 36 months (or to the equivalent thereof in part-time training).
(2)
(A) Notwithstanding any other provision of this chapter or chapter 36 of this title, any payment of an educational assistance allowance described in subparagraph (B) of this paragraph shall not—
(i) be charged against the entitlement of any individual under this chapter; or
(ii) be counted toward the aggregate period for which [section 3695 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3695&num=0&edition=prelim) limits an individual’s receipt of assistance.
(B) The payment of the educational assistance allowance referred to in subparagraph (A) of this paragraph is the payment of such an allowance to an individual for pursuit of a course or courses under this chapter if the Secretary finds that the individual—
(i) had to discontinue such course pursuit as a result of being ordered to serve on active duty under section 688, 12301(a), 12301(d), 12301(g), 12302, or 12304 of title 10 or of being involuntarily ordered to full-time National Guard duty under [sec
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3511
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Except as provided in subsection (b), the Secretary shall conduct an annual compliance survey of educational institutions and training establishments offering one or more courses approved for the enrollment of eligible veterans or persons if at least 20 such veterans or persons are enrolled in any such course. The Secretary shall—
(A) design the compliance surveys to ensure that such institutions or establishments, as the case may be, and approved courses are in compliance with all applicable provisions of chapters 30 through 36 of this title;
(B) survey each such educational institution and training establishment not less than once during every 2-year period; and
(C) assign not fewer than 1 education compliance specialist to work on compliance surveys in any year for each 40 compliance surveys required to be made under this section for such year.
(2) The Secretary, in consultation with the State approving agencies, shall—
(A) annually determine the parameters of the surveys required under paragraph (1); and
(B) not later than September 1 of each year, make available to the State approving agencies a list of the educational institutions and training establishments that will be surveyed during the fiscal year following the date of making such list available.
**(b)** The Secretary may waive the requirement in subsection (a)(1) for a compliance survey with respect to an educational institution or training establishment if the Secretary determines, based on the record of compliance of such institution or establishment with all the applicable provisions of chapters 30 through 36 of this title, that the waiver would be appropriate and in the best interest of the United States Government.
**(c)** To the maximum extent feasible, the Secretary, or
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3693
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Federal law — U.S. Code and appendices · legal_authorities
Page 798
TITLE 38—VETERANS’ BENEFITS
[§ 3538
1 See References in Text note below.
allowance (hereinafter in this section referred to
as ‘‘work-study allowance’’) in return for such
eligible person’s agreement to perform such
services. The amount of the work-study allow-
ance shall be determined in accordance with sec-
tion 3485(a) of this title.
(b) The Secretary’s utilization of, and pay-
ment of a work-study allowance for, the services
of an eligible person pursuant to subsection (a)
of this section shall be subject to the same re-
quirements, terms, and conditions as are set out
in section 3485 of this title with regard to indi-
viduals pursuing at least three-quarter-time
programs of education referred to in subsection
(b) of such section.
(Added Pub. L. 101–237, title IV, § 406(a)(1), Dec.
18, 1989, 103 Stat. 2082, § 1737; renumbered § 3537
and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6,
1991, 105 Stat. 406; Pub. L. 107–14, § 8(a)(16), June
5, 2001, 115 Stat. 35.)
Editorial Notes
AMENDMENTS
2001—Subsec. (a). Pub. L. 107–14 substituted ‘‘herein-
after’’ for ‘‘hereafter’’.
1991—Pub. L. 102–83, § 5(a), renumbered section 1737 of
this title as this section.
Subsec. (a). Pub. L. 102–83, § 5(c)(1), substituted
‘‘3485(a)’’ for ‘‘1685(a)’’ in two places.
Subsec. (b). Pub. L. 102–83, § 5(c)(1), substituted ‘‘3485’’
for ‘‘1685’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Pub. L. 101–237, title IV, § 406(b), Dec. 18, 1989, 103 Stat.
2082, provided that: ‘‘The amendments made by this
section [enacting this section] shall take effect on May
1, 1990.’’
[§ 3538. Vacant]
Editorial Notes
CODIFICATION
Prior to renumbering of sections 1700 to 1766 of this
chapter as sections 3500 to 3566 by Pub. L. 102–83, § 5(a),
Aug. 6, 1991, 105 St
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 3541
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