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- merly 1508] of this title, as added by Pub. L. 96–466, title I, § 101(a), Oct. 17, 1980, 94 Stat. 2178, shall apply to vet- erans pursuing a program of vocational rehabilitation training under this chapter in the same manner as former section 1504 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. § 3105. Duration of rehabilitation programs (a) In any case in which the Secretary is un- able to determine whether it currently is rea- sonably feasible for a veteran to achieve a voca- tional goal, the period of extended evaluation under section 3106(c) of this title 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 reason- ably likely that, during the period of any such extension, a determination can be made whether the achievement of a vocational goal is reason- ably 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 voca- tional 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 place- ment and postplacement services described in section 3104(a)(2) and (5) of this title may be pro- vided for an additional period not to exceed eighteen months in any case in which the Sec- retary determines the provision of such coun- seling and services to be necessary to accom- plish 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 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 de- termines 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 due to an emergency situation, the Secretary shall ex- tend the period during which the Secretary may provide such counseling and placement and postplacement services for the veteran for a pe- riod equal to the number of months that the vet- eran was so prevented from participating in such counseling and services, as determined by the Secretary. (B) In any case in which the Secretary deter- mines that a veteran has been prevented from participating in a vocational rehabilitation pro- gram under this chapter due to an emergency situation, the Secretary shall extend the period of the veteran’s vocational rehabilitation pro- gram for a period equal to the number of months that the veteran was so prevented from partici- pating 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 re- habilitated 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 serv- ices and assistance for a veteran under this chapter (following a determination by the Sec- retary that such veteran’s disability or disabil- ities are so severe that the achievement of a vo- cational goal currently is not reasonably fea- sible) 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 dur- ing the Post-9/11 Global Operations period and has a severe disability (as determined by the Page 694 TITLE 38—VETERANS’ BENEFITS § 3106 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 pre- scribed by Presidential proclamation or by law. (e)(1) Notwithstanding any other provision of this chapter or chapter 36 of this title, any pay- ment of a subsistence allowance and other as- sistance 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 limits an in- dividual’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 assist- ance for the period described in paragraph (3) to a veteran for participation in a vocational reha- bilitation program under this chapter if the Sec- retary finds that the veteran had to suspend or discontinue participation in such vocational re- habilitation 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 sub- section, a subsistence allowance and other as- sistance is not charged against entitlement or counted toward the applicable aggregate period under section 3695 of this title shall be the pe- riod of participation in the vocational rehabili- tation program for which the veteran failed to receive credit or with respect to which the vet- eran lost training time, as determined by the Secretary. (Added Pub. L. 96–466, title I, § 101(a), Oct. 17, 1980, 94 Stat. 2176, § 1505; amended Pub. L. 99–576, title III, § 333(b)(3), Oct. 28, 1986, 100 Stat. 3279; Pub. L. 101–237, title IV, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3105 and amend- ed Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 104–275, title I, § 101(e), Oct. 9, 1996, 110 Stat. 3324; Pub. L. 107–103, title I, § 103(c)(1), Dec. 27, 2001, 115 Stat. 979; Pub. L. 110–389, title III, § 331, Oct. 10, 2008, 122 Stat. 4170; Pub. L. 112–56, title II, § 233(a)(2), Nov. 21, 2011, 125 Stat. 720; Pub. L. 115–407, title I, § 101, Dec. 31, 2018, 132 Stat. 5369; Pub. L. 117–333, § 3(c)(2), Jan. 5, 2023, 136 Stat. 6127.) Editorial Notes PRIOR PROVISIONS Prior section 3105 was renumbered section 5305 of this title. AMENDMENTS 2023—Subsec. (b)(1). Pub. L. 117–333, § 3(c)(2)(A), sub- stituted ‘‘paragraphs (2) and (3)’’ for ‘‘paragraph (2)’’. Subsec. (b)(3). Pub. L. 117–333, § 3(c)(2)(B), added par. (3). 2018—Subsec. (e)(2). Pub. L. 115–407 substituted ‘‘12304, 12304a, or 12304b’’ for ‘‘or 12304’’. 2011—Subsec. (b). Pub. L. 112–56 designated existing provisions as par. (1), substituted ‘‘Except as provided in paragraph (2) and in subsection (c)’’ for ‘‘Except as provided in subsection (c) of this section’’, and added par. (2). 2008—Subsec. (d). Pub. L. 110–389 substituted ‘‘(1) Ex- cept as provided in paragraph (2),’’ for ‘‘Unless the Sec- retary determines that a longer period is necessary and likely to result in a substantial increase in a veteran’s level of independence in daily living,’’ and added par. (2). 2001—Subsec. (e). Pub. L. 107–103 added subsec. (e). 1996—Subsec. (c)(1). Pub. L. 104–275 substituted ‘‘vet- eran’s current employment’’ for ‘‘veteran’s employ- ment’’. 1991—Pub. L. 102–83, § 5(a), renumbered section 1505 of this title as this section. Subsec. (a). Pub. L. 102–83, § 5(c)(1), substituted ‘‘3106(c)’’ for ‘‘1506(c)’’. Subsec. (b). Pub. L. 102–83, § 5(c)(1), substituted ‘‘3104(a)(2)’’ for ‘‘1504(a)(2)’’. 1989—Pub. L. 101–237 substituted ‘‘Secretary’’ for ‘‘Ad- ministrator’’ wherever appearing. 1986—Subsec. (a). Pub. L. 99–576, § 333(b)(3)(A), in- serted ‘‘currently’’ after ‘‘it’’. Subsec. (b). Pub. L. 99–576, § 333(b)(3)(B), inserted ‘‘current’’ after ‘‘of the’’. Subsec. (d). Pub. L. 99–576, § 333(b)(3)(C), inserted ‘‘currently’’ after ‘‘goal’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2011 AMENDMENT Amendment by Pub. L. 112–56 effective June 1, 2012, and applicable with respect to rehabilitation programs beginning after such date, see section 233(c) of Pub. L. 112–56, set out as a note under section 3102 of this title. EFFECTIVE DATE OF 2001 AMENDMENT Amendment by Pub. L. 107–103 effective Sept. 11, 2001, see section 103(e) of Pub. L. 107–103, set out as a note under section 3013 of this title. 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. EXTENSION OF TIME LIMITATIONS FOR USE OF ENTITLEMENT: DURATION OF PROGRAM Pub. L. 116–140, § 6(c)(2), Apr. 28, 2020, 134 Stat. 633, which temporarily provided for extended time to par- ticipate in counseling and placement and postplacement services and vocational rehabilitation programs, was repealed by Pub. L. 117–333, § 3(f), Jan. 5, 2023, 136 Stat. 6128. See subsec. (b)(3) of this section. § 3106. Initial and extended evaluations; deter- minations regarding serious employment handicap (a) The Secretary shall provide any veteran who has a service-connected disability rated at 10 percent or more and who applies for benefits under this chapter with an initial evaluation consisting of such services described in section 3104(a)(1) of this title as are necessary (1) to de- termine whether such veteran is entitled to and eligible for benefits under this chapter, and (2) in the case of a veteran who is determined to be entitled to and eligible for such benefits, to de- termine— (A) whether such veteran has a serious em- ployment handicap, and (B) whether the achievement of a vocational goal currently is reasonably feasible for such veteran if it is reasonably feasible to make such determination without extended evalua- tion. (b) In any case in which the Secretary has de- termined that a veteran has a serious employ-