38 U.S.C. § 3101 — Definitions

Page 686 TITLE 38—VETERANS’ BENEFITS § 3100 1 So in original. Probably should be ‘‘(1)’’. persons’’, in item 1511 ‘‘Regulations to promote satis- factory conduct and cooperation’’ for ‘‘Training and training facilities’’, and adding items 1500 and 1512 to 1521. 1965—Pub. L. 89–138, § 2(1), Aug. 26, 1965, 79 Stat. 578, struck out item 1502A, added item 1503, and redesig- nated former item 1503 as 1511. 1962—Pub. L. 87–591, § 2, Aug. 16, 1962, 76 Stat. 394, added item 1502A. § 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. (Added Pub. L. 96–466, title I, § 101(a), Oct. 17, 1980, 94 Stat. 2172, § 1500; renumbered § 3100, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.) Editorial Notes AMENDMENTS 1991—Pub. L. 102–83 renumbered section 1500 of this title as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 96–466, title VIII, § 802(a)(1)–(5), Oct. 17, 1980, 94 Stat. 2217, provided that: ‘‘(a)(1) Except as provided in paragraph (2), the amendments made by subsections (a) and (b) of section 101 [enacting this chapter] shall become effective on April 1, 1981. ‘‘(2) The provisions of sections 1508, 1512, 1516, 1518, 1519, 1520, and 1521 [now 3108, 3112, 3116, 3118, 3119, 3120, and 3121] of title 38, United States Code, as added by section 101(a), shall become effective on October 1, 1980. ‘‘(3) Notwithstanding paragraph (2), the provisions of chapter 31 of title 38, United States Code, as in effect on the day before the date of the enactment of this Act [Oct. 17, 1980] (other than section 1504, relating to sub- sistence allowances, and section 1507, relating to loans [former sections 1504 and 1507 of this title, respec- tively]), shall continue in effect until March 31, 1981. ‘‘(4) Effective on October 1, 1980, sections 1504 and 1507 [former sections 1504 and 1507 of this title] are repealed. During the period beginning on October 1, 1980, and ending on March 31, 1981, the provisions of sections 1508 and 1512 [now 3108 and 3112] of title 38, United States Code, as added by section 101(a), shall apply to veterans pursuing a program of vocational rehabilitation train- ing under chapter 31 of such title in the same manner as sections 1504 and 1507 of such title, respectively, ap- plied to veterans pursuing a program of vocational re- habilitation training under such chapter on September 30, 1980. ‘‘(5) Subsection (c) of section 101 [enacting provisions set out as a note under section 3108 of this title] shall become effective on October 1, 1980. Subsection (d) of such section [enacting provisions set out as a note under section 3107 of this title] shall become effective on the date of the enactment of this Act [Oct. 17, 1980].’’ § 3101. Definitions For the purposes of this chapter— (10) 1 The term ‘‘emergency situation’’ has the meaning given such term in section 3601 of this title. (2) The term ‘‘employment handicap’’ means an impairment, resulting in substantial part from a disability described in section 3102(1)(A) of this title, of a veteran’s ability to prepare for, obtain, or retain employment consistent with such veteran’s abilities, aptitudes, and interests. (3) The term ‘‘independence in daily living’’ means the ability of a veteran, without the serv- ices of others or with a reduced level of the serv- ices of others, to live and function within such veteran’s family and community. (4) The term ‘‘program of education’’ has the meaning provided in section 3452(b) of this title. (5) The term ‘‘program of independent living services and assistance’’ includes (A) the serv- ices provided for in this chapter that are needed to enable a veteran to achieve independence in daily living, including such counseling, diag- nostic, medical, social, psychological, and edu- cational services as are determined by the Sec- retary to be needed for such veteran to achieve maximum independence in daily living, and (B) the assistance authorized by this chapter for such veteran. (6) The term ‘‘rehabilitated to the point of em- ployability’’ means rendered employable in an occupation for which a vocational rehabilitation program has been provided under this chapter. (7) The term ‘‘rehabilitation program’’ means (A) a vocational rehabilitation program, or (B) a program of independent living services and as- sistance authorized under section 3120 of this title for a veteran for whom a vocational goal has been determined not to be currently reason- ably feasible. (8) The term ‘‘serious employment handicap’’ means a significant impairment, resulting in substantial part from a service-connected dis- ability rated at 10 percent or more, of a vet- eran’s ability to prepare for, obtain, or retain employment consistent with such veteran’s abilities, aptitudes, and interests. (9) The term ‘‘vocational goal’’ means a gain- ful employment status consistent with a vet- eran’s abilities, aptitudes, and interests. (10) The term ‘‘vocational rehabilitation pro- gram’’ includes— (A) the services provided for in this chapter that are needed for the accomplishment of the purposes of this chapter, including such coun- seling, diagnostic, medical, social, psycho- logical, independent living, economic, edu- cational, vocational, and employment services as are determined by the Secretary to be need- ed— (i) in the case of a veteran for whom the achievement of a vocational goal has not been determined not to be currently reason- ably feasible, (I) to determine whether a vo- cational goal is reasonably feasible, (II) to improve such veteran’s potential to partici- pate in a program of services designed to achieve a vocational goal, and (III) to enable such veteran to achieve maximum independ- ence in daily living, and (ii) in the case of a veteran for whom the achievement of a vocational goal is deter- mined to be reasonably feasible, to enable such veteran to become, to the maximum ex- tent feasible, employable and to obtain and maintain suitable employment, and (B) the assistance authorized by this chapter for a veteran receiving any of the services de- scribed in clause (A) of this paragraph. 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.