38 U.S.C. § 3107 — Individualized vocational rehabilitation

Page 695 TITLE 38—VETERANS’ BENEFITS § 3107 ment handicap and that the achievement of a vocational goal currently is reasonably feasible for such veteran, such veteran shall be provided an individualized written plan of vocational re- habilitation developed under section 3107(a) of this title. (c) In any case in which the Secretary has de- termined that a veteran has a serious employ- ment handicap but the Secretary is unable to determine, in an initial evaluation pursuant to subsection (a) of this section, whether or not the achievement of a vocational goal currently is reasonably feasible, such veteran shall be pro- vided with an extended evaluation consisting of the services described in section 3104(a)(1) of this title, such services under this chapter as the Secretary determines necessary to improve such veteran’s potential for participation in a pro- gram of services designed to achieve a voca- tional goal and enable such veteran to achieve maximum independence in daily living, and as- sistance as authorized by section 3108 of this title. (d) In any case in which the Secretary has de- termined that a veteran has a serious employ- ment handicap and also determines, following such initial and any such extended evaluation, that achievement of a vocational goal currently is not reasonably feasible, the Secretary shall determine whether the veteran is capable of par- ticipating in a program of independent living services and assistance under section 3120 of this title. (e) The Secretary shall in all cases determine as expeditiously as possible whether the achievement of a vocational goal by a veteran currently is reasonably feasible. In the case of a veteran provided extended evaluation under sub- section (c) of this section (including any periods of extensions under section 3105(a) of this title), the Secretary shall make such determination not later than the end of such extended evalua- tion or period of extension, as the case may be. In determining whether the achievement of a vocational goal currently is reasonably feasible, the Secretary shall resolve any reasonable doubt in favor of determining that such achievement currently is reasonably feasible. (f) In connection with each period of extended evaluation of a veteran and each rehabilitation program for a veteran who is determined to have a serious employment handicap, the Secretary shall assign a Department of Veterans Affairs employee to be responsible for the management and followup of the provision of all services (in- cluding appropriate coordination of employment assistance under section 3117 of this title) and assistance under this chapter to such veteran. (Added Pub. L. 96–466, title I, § 101(a), Oct. 17, 1980, 94 Stat. 2176, § 1506; amended Pub. L. 99–576, title III, § 333(b)(4), Oct. 28, 1986, 100 Stat. 3279; Pub. L. 101–237, title IV, § 423(b)(1), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3106 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 103–446, title XII, § 1201(d)(9), Nov. 2, 1994, 108 Stat. 4684; Pub. L. 104–275, title I, § 101(f)(1), Oct. 9, 1996, 110 Stat. 3324.) Editorial Notes PRIOR PROVISIONS Prior section 3106 was renumbered section 5306 of this title. AMENDMENTS 1996—Subsec. (a). Pub. L. 104–275, § 101(f)(1)(A), sub- stituted ‘‘rated at 10 percent or more’’ for ‘‘described in clause (i) or (ii) of section 3102(1)(A) of this title’’. Subsec. (b). Pub. L. 104–275, § 101(f)(1)(B), struck out ‘‘counseling in accordance with’’ before ‘‘an individual- ized written plan’’. Subsec. (c). Pub. L. 104–275, § 101(f)(1)(C), substituted ‘‘with an extended’’ for ‘‘with extended’’. Subsecs. (d) to (f). Pub. L. 104–275, § 101(f)(1)(D), added subsec. (d) and redesignated former subsecs. (d) and (e) as (e) and (f), respectively. 1994—Subsec. (a). Pub. L. 103–446 substituted ‘‘clause (i) or (ii) of section 3102(1)(A)’’ for ‘‘section 3102(1)(A) or (B)’’. 1991—Pub. L. 102–83, § 5(a), renumbered section 1506 of this title as this section. Subsec. (a). Pub. L. 102–83, § 5(c)(1), substituted ‘‘3102(1)(A)’’ for ‘‘1502(1)(A)’’ and ‘‘3104(a)(1)’’ for ‘‘1504(a)(1)’’ in introductory provisions. Subsec. (b). Pub. L. 102–83, § 5(c)(1), substituted ‘‘3107(a)’’ for ‘‘1507(a)’’. Subsec. (c). Pub. L. 102–83, § 5(c)(1), substituted ‘‘3104(a)(1)’’ for ‘‘1504(a)(1)’’ and ‘‘3108’’ for ‘‘1508’’. Subsec. (d). Pub. L. 102–83, § 5(c)(1), substituted ‘‘3105(a)’’ for ‘‘1505(a)’’. Subsec. (e). Pub. L. 102–83, § 5(c)(1), substituted ‘‘3117’’ for ‘‘1517’’. 1989—Pub. L. 101–237 substituted ‘‘Secretary’’ and ‘‘Department of Veterans Affairs’’ for ‘‘Administrator’’ and ‘‘Veterans’ Administration’’, respectively, wher- ever appearing. 1986—Subsecs. (a)(2)(B), (b) to (d). Pub. L. 99–576 sub- stituted ‘‘currently is reasonably feasible’’ for ‘‘is rea- sonably feasible’’ wherever appearing. Statutory Notes and Related Subsidiaries 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. § 3107. Individualized vocational rehabilitation plan (a) The Secretary shall formulate an individ- ualized written plan of vocational rehabilitation for a veteran described in section 3106(b) of this title. 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 reha- bilitation 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 an- ticipated duration of each such service, and (4) objective criteria and an evaluation procedure and schedule for determining whether such ob- jectives and goals are being achieved. (b) The Secretary shall review at least annu- ally 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. On the basis of such review, the Secretary shall (1) redevelop such plan with such veteran if the Secretary determines, under regulations which the Secretary shall prescribe, Page 696 TITLE 38—VETERANS’ BENEFITS § 3108 that redevelopment of such plan is appropriate, or (2) disapprove redevelopment of such plan if the Secretary determines, under such regula- tions, that redevelopment of such plan is not ap- propriate. (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 dis- approved under subsection (b)(2) of this section, shall be informed of such veteran’s opportunity for a review as provided in paragraph (2) of this subsection. (2) In any case in which a veteran does not agree to such plan as proposed, to such plan as redeveloped, or to the disapproval of redevelop- ment of such plan, such veteran may submit to the person described in section 3106(f) of this title a written statement containing such vet- eran’s objections and request a review of such plan as proposed or redeveloped, or a review of the disapproval of redevelopment of such plan, as the case may be. (3) The Secretary shall review the statement submitted under paragraph (2) of this subsection and the plan as proposed or as redeveloped, and, if applicable, the disapproval of redevelopment of the plan, and render a decision on such review not later than ninety days after the date on which such veteran submits such statement, un- less the case is one for which a longer period for review, not to exceed 150 days after such veteran submits such statement, is allowed under regu- lations prescribed by the Secretary, in which case the Secretary shall render a decision no later than the last day of the period prescribed in such regulations. (Added Pub. L. 96–466, title I, § 101(a), Oct. 17, 1980, 94 Stat. 2177, § 1507; amended Pub. L. 101–237, title IV, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3107 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 104–275, title I, § 101(f)(2)(A), Oct. 9, 1996, 110 Stat. 3325.) Editorial Notes PRIOR PROVISIONS Prior section 3107 was renumbered section 5307 of this title. AMENDMENTS 1996—Subsec. (c)(2). Pub. L. 104–275 substituted ‘‘3106(f)’’ for ‘‘3106(e)’’. 1991—Pub. L. 102–83, § 5(a), renumbered section 1507 of this title as this section. Subsecs. (a), (c)(2). Pub. L. 102–83, § 5(c)(1), substituted ‘‘3106(b)’’ for ‘‘1506(b)’’ in subsec. (a) and ‘‘3106(e)’’ for ‘‘1506(e)’’ in subsec. (c)(2). 1989—Subsecs. (a), (b), (c)(3). Pub. L. 101–237 sub- stituted ‘‘Secretary’’ for ‘‘Administrator’’ wherever ap- pearing. Statutory Notes and Related Subsidiaries 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. INDIVIDUALIZED WRITTEN PLANS AND EXTENSIONS OF ELIGIBILITY AND VOCATIONAL REHABILITATION PRO- GRAM PERIODS FOR VETERANS IN PROGRAMS ON MARCH 31, 1981 Pub. L. 96–466, title I, § 101(d), Oct. 17, 1980, 94 Stat. 2186, provided that with respect to veterans partici- pating in a program of vocational rehabilitation under this chapter on Mar. 31, 1981, individualized written plans of vocational rehabilitation were to be formu- lated under this section as determined by Adminis- trator, and authorized extensions of periods of voca- tional rehabilitation without regard to certain require- ments for determinations of serious employment handi- caps. VETERANS PURSUING PROGRAM OF VOCATIONAL REHA- BILITATION UNDER FORMER SECTION 1507 OF THIS TITLE During the period beginning on Oct. 1, 1980, and end- ing on Mar. 31, 1981, the provisions of section 3112 [for- merly 1512] of this title, as added by Pub. L. 96–466, title I, § 101(a), Oct. 17, 1980, 94 Stat. 2181, shall apply to vet- erans pursuing a program of vocational rehabilitation training under this chapter in the same manner as former section 1507 of this title applied to veterans pur- suing such a program under this chapter on Sept. 30, 1980, see section 802(a)(4) of Pub. L. 96–466, set out as an Effective Date note under section 3100 of this title. § 3108. Allowances (a)(1) Except in the case of a veteran who makes an election under subsection (f) of this section and subject to the provisions of para- graph (3) of this subsection, each veteran shall be paid a subsistence allowance in accordance with this section during a period determined by the Secretary to be a period of such veteran’s participation under this chapter in a rehabilita- tion program. (2)(A) In any case in which the Secretary de- termines, at the conclusion of such veteran’s pursuit of a vocational rehabilitation program under this chapter, that such veteran has been rehabilitated to the point of employability, such veteran shall be paid a subsistence allowance, as prescribed in this section for full-time training for the type of program that the veteran was pursuing, for two months while satisfactorily following a program of employment services provided under section 3104(a)(5) of this title. (B) In any case in which the Secretary deter- mines that a veteran described in subparagraph (A) has been displaced as the result of a natural or other disaster while being paid a subsistence allowance under that subparagraph, as deter- mined by the Secretary, the Secretary may ex- tend the payment of a subsistence allowance under such subparagraph for up to an additional two months while the veteran is satisfactorily following a program of employment services de- scribed in such subparagraph. (3) A subsistence allowance may not be paid under this chapter to a veteran for any period during which such veteran is being provided with an initial evaluation under section 3106(a) of this title or during which such veteran is being provided only with counseling or with