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38 U.S.C. § 3105 — Duration of rehabilitation programs

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

38 U.S.C. § 3105 — Duration of rehabilitation programs

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Source file: Laws/federal/codes/united-states-code/title-38/section-3105-duration-of-rehabilitation-programs--245df78718.md
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Source location: Title 38, Chapter 31, § 3105; chapter-031-training-and-rehabilitation-for-veterans-with-service-connected-disabilities.md

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**(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 has been prevented from participating in counseling and placement and postplacement services described in paragraphs (2) and (5) of [section 3104(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3104/a&num=0&edition=prelim) due to an emergency situation, the Secretary shall extend the period during which the Secretary may provide such counseling and placement and postplacement services for the veteran for a period equal to the number of months that the veteran was so prevented from participating in such counseling and services, as determined by the Secretary. (B) In any case in which the Secretary determines that a veteran has been prevented from participating in a vocational rehabilitation program under this chapter due to an emergency situation, the Secretary shall extend the period of the veteran’s vocational rehabilitation program for a period equal to the number of months that the veteran was so prevented from participating in the vocational rehabilitation program, as determined by the Secretary. **(c)** The Secretary may extend the period of a vocational rehabilitation program for a veteran to the extent that the Secretary determines that an extension of such period is necessary to enable such veteran to achieve a vocational goal if the Secretary also determines— (1) that such veteran had previously been rehabilitated to the point of employability but (A) such veteran’s need for further vocational rehabilitation has arisen out of a worsening of such veteran’s service-connected disability that precludes such veteran from performing the duties of the occupation for which such veteran had been so rehabilitated, or (B) the occupation for which such veteran had been so rehabilitated is not suitable in view of such veteran’s current employment handicap and capabilities; or (2) under regulations which the Secretary shall prescribe, that such veteran has a serious employment handicap and that an extension of such period is necessary to accomplish the purposes of a rehabilitation program for such veteran. **(d)** (1) Except as provided in paragraph (2), the period of a program of independent living services and assistance for a veteran under this chapter (following a determination by the Secretary that such veteran’s disability or disabilities are so severe that the achievement of a vocational goal currently is not reasonably feasible) may not exceed twenty-four months. (2) (A) The period of a program of independent living services and assistance for a veteran under this chapter may exceed twenty-four months as follows: (i) If the Secretary determines that a longer period is necessary and likely to result in a substantial increase in the veteran’s level of independence in daily living. (ii) If the veteran served on active duty during the Post-9/11 Global Operations period and has a severe disability (as determined by the Secretary for purposes of this clause) incurred or aggravated in such service. (B) In this paragraph, the term “Post-9/11 Global Operations period” means the period of the Persian Gulf War beginning on September 11, 2001, and ending on the date thereafter prescribed by Presidential proclamation or by law. **(e)** (1) Notwithstanding any other provision of this chapter or chapter 36 of this title, any payment of a subsistence allowance and other assistance described in paragraph (2) shall not— (A) be charged against any entitlement of any veteran under this chapter; or (B) 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 allowance or assistance. (2) The payment of the subsistence allowance and other assistance referred to in paragraph (1) is the payment of such an allowance or assistance for the period described in paragraph (3) to a veteran for participation in a vocational rehabilitation program under this chapter if the Secretary finds that the veteran had to suspend or discontinue participation in such vocational rehabilitation program as a result of being ordered to serve on active duty under section 688, 12301(a), 12301(d), 12301(g), 12302, 12304, 12304a, or 12304b of title 10. (3) The period for which, by reason of this subsection, a subsistence allowance and other assistance is not charged against entitlement or counted toward the applicable aggregate period under [section 3695 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3695&num=0&edition=prelim) shall be the period of participation in the vocational rehabilitation program for which the veteran failed to receive credit or with respect to which the veteran lost training time, as determined by the Secretary.

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

38 U.S.C. § 3102 — Basic entitlement

**(a) In General.—** A person shall be entitled to a rehabilitation program under the terms and conditions of this chapter if— (1) the person— (A) is— (i) a veteran who has a service-connected disability rated at 20 percent or more which was incurred or aggravated in service on or after September 16, 1940; or (ii) hospitalized or receiving outpatient medical care, services, or treatment for a service-connected disability pending discharge from the active military, naval, air, or space service, and the Secretary determines that— (I) the hospital (or other medical facility) providing the hospitalization, care, services, or treatment is doing so under contract or agreement with the Secretary concerned, or is under the jurisdiction of the Secretary of Veterans Affairs or the Secretary concerned; and (II) the person is suffering from a disability which will likely be compensable at a rate of 20 percent or more under chapter 11 of this title; and (B) is determined by the Secretary to be in need of rehabilitation because of an employment handicap; or (2) the person is a veteran who— (A) has a service-connected disability rated at 10 percent which was incurred or aggravated in service on or after September 16, 1940; and (B) is determined by the Secretary to be in need of rehabilitation because of a serious employment handicap. **(b) Additional Rehabilitation Programs for Persons Who Have Exhausted Rights to Unemployment Benefits Under State Law.—** (1) Except as provided in paragraph (4), a person who has completed a rehabilitation program under this chapter shall be entitled to an additional rehabilitation program under the terms and conditions of this chapter if— (A) the person is described by paragraph (1) or (2) of subsection (a);

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3102

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

38 U.S.C. § 3013 — Duration of basic educational assistance

**(a)** (1) Subject to [section 3695 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3695&num=0&edition=prelim) and except as provided in paragraph (2) of this subsection, each individual entitled to basic educational assistance under [section 3011 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3011&num=0&edition=prelim) is entitled to 36 months of educational assistance benefits under this chapter (or the equivalent thereof in part-time educational assistance). (2) Subject to [section 3695 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3695&num=0&edition=prelim) and subsection (d) of this section, in the case of an individual described in section 3011(a)(1)(A)(ii)(I) or (III) of this title who is not also described in [section 3011(a)(1)(A)(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3011/a/1/A/i&num=0&edition=prelim) or an individual described in section 3011(a)(1)(B)(ii)(I) or (III) of this title who is not also described in [section 3011(a)(1)(B)(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3011/a/1/B/i&num=0&edition=prelim), the individual is entitled to one month of educational assistance benefits under this chapter for each month of continuous active duty served by such individual after June 30, 1985, as part of the obligated period of active duty on which such entitlement is based in the case of an individual described in section 3011(a)(1)(A)(ii)(I) or (III) of this title, or in the case of an individual described in section 3011(a)(1)(B)(ii)(I) or (III) of this title, after June 30, 1985. **(b)** Subject to [section 3695 of this ti

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3013

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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. § 1505 — Payment of pension during confinement in penal institutions

**(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

38 U.S.C. § 3695 — Limitation on period of assistance under two or more programs

**(a)** The aggregate period for which any person may receive assistance under two or more of the provisions of law listed below may not exceed 48 months (or the part-time equivalent thereof): (1) Parts VII or VIII, Veterans Regulation numbered 1(a), as amended. (2) Title II of the Veterans’ Readjustment Assistance Act of 1952. (3) The War Orphans’ Educational Assistance Act of 1956. (4) Chapters 30, 32, 33, 34, and 36. (5) Chapters 107, 1606, 1607, and 1611 of title 10. (6) Section 903 of the Department of Defense Authorization Act, 1981 (Public Law 96–342, [10 U.S.C. 2141](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2141&num=0&edition=prelim) note). (7) The Hostage Relief Act of 1980 (Public Law 96–449, [5 U.S.C. 5561](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5561&num=0&edition=prelim) note). (8) The Omnibus Diplomatic Security and Antiterrorism Act of 1986 (Public Law 99–399). **(b)** No person may receive assistance under chapter 31 of this title in combination with assistance under any of the provisions of law cited in subsection (a) of this section in excess of 48 months (or the part-time equivalent thereof) unless the Secretary determines that additional months of benefits under chapter 31 of this title are necessary to accomplish the purposes of a rehabilitation program (as defined in [section 3101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3101&num=0&edition=prelim)) in the individual case. **(c)** The aggregate period for which any person may receive assistance under chapter 35 of this title, on the one hand, and any of the provisions of law referred to in subsection (a), on the other hand, may not exceed 81 months (or the part-time equiv

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3695

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

38 U.S.C. § 5305 — Waiver of retired pay

Except as provided in [section 1414 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1414&num=0&edition=prelim), any person who is receiving pay pursuant to any provision of law providing retired or retirement pay to persons in the Armed Forces, or as a commissioned officer of the National Oceanic and Atmospheric Administration or of the Public Health Service, and who would be eligible to receive pension or compensation under the laws administered by the Secretary if such person were not receiving such retired or retirement pay, shall be entitled to receive such pension or compensation upon the filing by such person with the department by which such retired or retirement pay is paid of a waiver of so much of such person’s retired or retirement pay as is equal in amount to such pension or compensation. To prevent duplication of payments, the department with which any such waiver is filed shall notify the Secretary of the receipt of such waiver, the amount waived, and the effective date of the reduction in retired or retirement pay.

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

38 U.S.C. § 3105 — Duration of rehabilitation programs

Page 693 TITLE 38—VETERANS’ BENEFITS § 3105 ‘‘(C) pre-admission screening and follow-up care for blind rehabilitation centers. ‘‘(5) There are not enough Specialist positions to meet the increased numbers and needs of blind vet- erans. ‘‘(b) ESTABLISHMENT OF ADDITIONAL SPECIALIST POSI- TIONS.—Not later than 30 months after the date of the enactment of this Act [Dec. 22, 2006], the Secretary of Veterans Affairs shall establish an additional Spe- cialist position at not fewer than 35 additional facili- ties of the Department of Veterans Affairs. ‘‘(c) SELECTION OF FACILITIES.—In identifying the most appropriate facilities to receive a Specialist posi- tion under this section, the Secretary shall— ‘‘(1) give priority to facilities with large numbers of enrolled legally blind veterans; ‘‘(2) ensure that each facility does not have such a position; and ‘‘(3) ensure that each facility is in need of the serv- ices of a Specialist. ‘‘(d) COORDINATION.—The Secretary shall coordinate the provision of blind rehabilitation services for vet- erans with services for the care of the visually impaired offered by State and local agencies, especially to the extent to which such State and local agencies can pro- vide necessary services to blind veterans in settings lo- cated closer to the residences of such veterans at simi- lar quality and cost to the veteran. ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated for the Department of Veterans Affairs to carry out this section $3,500,000 for each of fiscal years 2007 through 2012.’’ VETERANS PURSUING PROGRAM OF VOCATIONAL REHA- BILITATION UNDER FORMER SECTION 1504 OF THIS TITLE During the period beginning on Oct. 1, 1980, and end- ing on Mar. 31, 1981, the provisions of section 3108 [for- me

Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 3105

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