38 U.S.C. § 3102 — Basic entitlement

Page 687 TITLE 38—VETERANS’ BENEFITS § 3102 (Added Pub. L. 96–466, title I, § 101(a), Oct. 17, 1980, 94 Stat. 2172, § 1501; amended Pub. L. 99–576, title III, § 333(b)(1), Oct. 28, 1986, 100 Stat. 3279; Pub. L. 101–237, title IV, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3101 and amend- ed Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 104–275, title I, § 101(a), Oct. 9, 1996, 110 Stat. 3323; Pub. L. 117–333, § 3(e)(3)(A), Jan. 5, 2023, 136 Stat. 6128.) Editorial Notes PRIOR PROVISIONS Prior section 3101 was renumbered section 5301 of this title. AMENDMENTS 2023—Pub. L. 117–333 added par. (10) defining ‘‘emer- gency situation’’ after introductory provisions and re- designated former pars. (1) to (9) as (2) to (10), respec- tively. 1996—Par. (1). Pub. L. 104–275, § 101(a)(1), inserted ‘‘, resulting in substantial part from a disability de- scribed in section 3102(1)(A) of this title,’’ after ‘‘im- pairment’’. Par. (6). Pub. L. 104–275, § 101(a)(2), inserted ‘‘author- ized under section 3120 of this title’’ after ‘‘assistance’’. Par. (7). Pub. L. 104–275, § 101(a)(3), inserted ‘‘, resulting in substantial part from a service-con- nected disability rated at 10 percent or more,’’ after ‘‘impairment’’. 1991—Pub. L. 102–83, § 5(a), renumbered section 1501 of this title as this section. Par. (3). Pub. L. 102–83, § 5(c)(1), substituted ‘‘3452(b)’’ for ‘‘1652(b)’’. 1989—Pars. (4), (9)(A). Pub. L. 101–237 substituted ‘‘Secretary’’ for ‘‘Administrator’’. 1986—Pars. (6)(B), (9)(A)(i). Pub. L. 99–576 inserted ‘‘currently’’ after ‘‘be’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–275, title I, § 101(j), Oct. 9, 1996, 110 Stat. 3325, provided that: ‘‘(1) Except as provided in paragraph (2), the amend- ments made by this section [amending this section and sections 3102 to 3109, 3117, 3118, and 3120 of this title] shall take effect on the date of the enactment of this Act [Oct. 9, 1996]. ‘‘(2) The amendments made by subsection (a) (other than paragraph (2)) [amending this section], subsection (d) (other than subparagraphs (A) and (B) of paragraph (1)) [amending section 3104 of this title], and subsection (i) [amending section 3120 of this title] shall only apply with respect to claims of eligibility or entitlement to services and assistance (including claims for extension of such services and assistance) under chapter 31 of title 38, United States Code, received by the Secretary of Veterans Affairs on or after the date of the enact- ment of this Act, including those claims based on origi- nal applications, and applications seeking to reopen, revise, reconsider, or otherwise adjudicate or readjudi- cate on any basis claims for services and assistance under such chapter.’’ EFFECTIVE DATE Section effective Apr. 1, 1981, see section 802(a)(1) of Pub. L. 96–466, as amended, set out as a note under sec- tion 3100 of this title. § 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 serv- ice on or after September 16, 1940; or (ii) hospitalized or receiving outpatient medical care, services, or treatment for a service-connected disability pending dis- charge from the active military, naval, air, or space service, and the Secretary de- termines that— (I) the hospital (or other medical facil- ity) providing the hospitalization, care, services, or treatment is doing so under contract or agreement with the Sec- retary concerned, or is under the juris- diction of the Secretary of Veterans Af- fairs or the Secretary concerned; and (II) the person is suffering from a dis- ability 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 employ- ment handicap; or (2) the person is a veteran who— (A) has a service-connected disability rated at 10 percent which was incurred or ag- gravated 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 UNEM- PLOYMENT BENEFITS UNDER STATE LAW.—(1) Ex- cept 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 con- ditions of this chapter if— (A) the person is described by paragraph (1) or (2) of subsection (a); and (B) the person— (i) has exhausted all rights to regular com- pensation under the State law or under Fed- eral law with respect to a benefit year; (ii) has no rights to regular compensation with respect to a week under such State or Federal law; and (iii) is not receiving compensation with re- spect to such week under the unemployment compensation law of Canada; and (C) begins such additional rehabilitation program within six months of the date of such exhaustion. (2) For purposes of paragraph (1)(B)(i), a per- son shall be considered to have exhausted such person’s rights to regular compensation under a State law when— (A) no payments of regular compensation can be made under such law because such per- son has received all regular compensation available to such person based on employment or wages during such person’s base period; or (B) such person’s rights to such compensa- tion have been terminated by reason of the ex- piration of the benefit year with respect to which such rights existed. Page 688 TITLE 38—VETERANS’ BENEFITS § 3103 1 See References in Text note below. (3) In this subsection, the terms ‘‘compensa- tion’’, ‘‘regular compensation’’, ‘‘benefit year’’, ‘‘State’’, ‘‘State law’’, and ‘‘week’’ have the re- spective meanings given such terms under sec- tion 205 of the Federal-State Extended Unem- ployment Compensation Act of 1970 (26 U.S.C. 3304 note). (4) No person shall be entitled to an additional rehabilitation program under paragraph (1) from whom the Secretary receives an application therefor after March 31, 2014. (Added Pub. L. 96–466, title I, § 101(a), Oct. 17, 1980, 94 Stat. 2173, § 1502; amended Pub. L. 101–237, title IV, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; Pub. L. 101–508, title VIII, § 8021(a), Nov. 5, 1990, 104 Stat. 1388–347; Pub. L. 102–16, § 3(a), Mar. 22, 1991, 105 Stat. 49; renumbered § 3102, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102–568, title IV, § 404(a), Oct. 29, 1992, 106 Stat. 4338; Pub. L. 104–275, title I, § 101(b), Oct. 9, 1996, 110 Stat. 3323; Pub. L. 112–56, title II, § 233(a)(1), Nov. 21, 2011, 125 Stat. 719; Pub. L. 116–283, div. A, title IX, § 926(a)(41), Jan. 1, 2021, 134 Stat. 3830.) Editorial Notes REFERENCES IN TEXT Section 205 of the Federal-State Extended Unemploy- ment Compensation Act of 1970, referred to in subsec. (b)(3), is section 205 of Pub. L. 91–373, which is set out as a note under section 3304 of Title 26, Internal Rev- enue Code. PRIOR PROVISIONS Prior section 3102 was renumbered section 5302 of this title. AMENDMENTS 2021—Subsec. (a)(1)(A)(ii). Pub. L. 116–283 substituted ‘‘air, or space service’’ for ‘‘or air service’’. 2011—Pub. L. 112–56 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). 1996—Par. (1)(A)(i). Pub. L. 104–275, § 101(b)(1), sub- stituted ‘‘rated at 20 percent or more’’ for ‘‘which is, or but for the receipt of retired pay would be, compensable at a rate of 20 percent or more under chapter 11 of this title and’’. Par. (2)(A). Pub. L. 104–275, § 101(b)(2), substituted ‘‘rated at 10 percent’’ for ‘‘which is, or but for the re- ceipt of retired pay would be, compensable at a rate of 10 percent under chapter 11 of this title and’’. Par. (2)(B). Pub. L. 104–275, § 101(b)(3), amended sub- par. (B) generally. Prior to amendment, subpar. (B) read as follows: ‘‘has a serious employment handicap.’’ 1992—Pub. L. 102–568 amended section generally, mak- ing changes in substance and structure. 1991—Pub. L. 102–83 renumbered section 1502 of this title as this section. Par. (1)(B). Pub. L. 102–16 substituted ‘‘or receiving outpatient medical care, services, or treatment for a service-connected disability pending discharge from the active military, naval, or air service, and the Secretary determines that (i) the hospital (or other medical facil- ity) providing the hospitalization, care, services, or treatment either is doing so under contract or agree- ment with the Secretary concerned or is under the ju- risdiction of the Secretary of Veterans Affairs or the Secretary concerned, and (ii) the person is suffering from a disability which’’ for ‘‘for a service-connected disability in a hospital over which the Secretary con- cerned has jurisdiction pending discharge or release from active military, naval, or air service and is suf- fering from a disability which the Secretary deter- mines’’. 1990—Par. (1). Pub. L. 101–508 substituted ‘‘compen- sable at a rate of 20 percent or more’’ for ‘‘compen- sable’’ in cls. (A) and (B). 1989—Pub. L. 101–237 substituted ‘‘Secretary deter- mines’’ for ‘‘Administrator determines’’ in par. (1)(B) and ‘‘Secretary’’ for ‘‘Administrator’’ in par. (2). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2011 AMENDMENT Pub. L. 112–56, title II, § 233(c), Nov. 21, 2011, 125 Stat. 720, provided that: ‘‘The amendments made by sub- sections (a) and (b) [amending this section and sections 3103 and 3105 of this title] shall take effect on June 1, 2012, and shall apply with respect to rehabilitation pro- grams beginning after such date.’’ EFFECTIVE DATE OF 1992 AMENDMENT Pub. L. 102–568, title IV, § 404(b), Oct. 29, 1992, 106 Stat. 4338, as amended by Pub. L. 103–446, title VI, § 602(c)(1), Nov. 2, 1994, 108 Stat. 4671, provided that: ‘‘The amend- ment made by subsection (a) [amending this section] shall take effect on October 1, 1993, but shall not apply to veterans and other persons who originally applied for assistance under chapter 31 of title 38, United States Code, before November 1, 1990.’’ [Pub. L. 103–446, title VI, § 602(c)(2), Nov. 2, 1994, 108 Stat. 4671, provided that: ‘‘The amendment made by paragraph (1) [amending section 404(b) of Pub. L. 102–568, set out above] shall take effect as of October 29, 1992.’’] EFFECTIVE DATE OF 1990 AMENDMENT Pub. L. 101–508, title VIII, § 8021(b), Nov. 5, 1990, 104 Stat. 1388–347, provided that: ‘‘The amendments made by this section [amending this section] shall apply to veterans and other persons originally applying for as- sistance under chapter 31 of title 38, United States Code, on or after November 1, 1990.’’ EFFECTIVE DATE Section effective Apr. 1, 1981, see section 802(a)(1) of Pub. L. 96–466, set out as a note under section 3100 of this title. § 3103. Periods of eligibility (a) Except as provided in subsection (b), (c), (d), (e), (g), or (h) 1 of this section, a rehabilita- tion program may not be afforded to a veteran under this chapter after the end of the twelve- year period beginning on the date of such vet- eran’s discharge or release from active military, naval, air, or space service. (b)(1) In any case in which the Secretary de- termines that a veteran has been prevented from participating in a vocational rehabilitation pro- gram under this chapter within the period of eli- gibility prescribed in subsection (a) of this sec- tion because a medical condition of such veteran made it infeasible for such veteran to partici- pate in such a program, the twelve-year period of eligibility shall not run during the period of time that such veteran was so prevented from participating in such a program, and such period of eligibility shall again begin to run on the first day following such veteran’s recovery from such condition on which it is reasonably fea- sible, as determined under regulations which the Secretary shall prescribe, for such veteran to participate in such a program. (2) In any case in which the Secretary deter- mines that a veteran has been prevented from