§3102 — Title 38 Veterans' Benefits | U.S. Code

Summary

Veterans can get a VA vocational rehabilitation program if they meet certain disability and work-related needs. A veteran must have a service-connected disability rated at 20 percent or more that began or got worse in service on or after September 16, 1940. A person still in service who is hospitalized or getting outpatient care for a service-connected disability can also qualify if the VA decides the hospital or clinic is under a VA or military contract or control and the condition will likely be rated at 20 percent or more. Veterans with a 10 percent service-connected rating from on or after September 16, 1940 can qualify only if the VA finds they have a serious employment handicap. In all cases the VA must decide the person needs rehabilitation because of an employment handicap. A veteran who finished a program may get one more program if they meet the same disability rules and they have exhausted their rights to regular unemployment benefits for a benefit year, have no right to a week of regular benefits, are not getting Canadian unemployment pay for that week, and they start the new program within six months of exhausting benefits. The words about unemployment (like “regular compensation” and “benefit year”) mean what they mean under the Federal-State Extended Unemployment Compensation Act of 1970. No new program can be started from an application the VA receives after March 31, 2014.

Title 38, §3102

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(a)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)(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); and

(B)the person—

(i)has exhausted all rights to regular compensation under the State law or under Federal 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 respect 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 person 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 person 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 compensation have been terminated by reason of the expiration of the benefit year with respect to which such rights existed.

(3)In this subsection, the terms “compensation”, “regular compensation”, “benefit year”, “State”, “State law”, and “week” have the respective meanings given such terms under section 205 of the Federal-State Extended Unemployment 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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 205 of the Federal-State Extended Unemployment 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 Revenue 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), substituted “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 receipt 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 subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “has a serious employment handicap.” 1992—Pub. L. 102–568 amended section generally, making 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 facility) providing the hospitalization, care, services, or treatment either 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” for “for a service-connected disability in a hospital over which the Secretary concerned has jurisdiction pending discharge or release from active military, naval, or air service and is suffering from a disability which the Secretary determines”. 1990—Par. (1). Pub. L. 101–508 substituted “compensable at a rate of 20 percent or more” for “compensable” in cls. (A) and (B). 1989—Pub. L. 101–237 substituted “Secretary determines” 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 subsections (a) and (b) [amending this section and section 3103 and 3105 of this title] shall take effect on June 1, 2012, and shall apply with respect to rehabilitation programs 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 amendment 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 assistance 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.

§3102 Basic entitlement

Summary

Title 38, §3102

Notes & Related Subsidiaries

Editorial Notes

References in Text

Prior Provisions

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Effective Date

Effective Date

Amendments

Effective Date

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