§3107 — Title 38 Veterans' Benefits | U.S. Code

Summary

The Secretary must work with a qualifying veteran to write a personalized, written plan for vocational rehabilitation. The plan must list long-term work goals and the smaller steps to reach them. It must describe the specific services and help to be provided, and must include counseling. Each service should show when it will start and how long it will last. The plan must also include clear ways to measure progress and a schedule for checking whether the goals and steps are being met. The Secretary must review the plan at least once a year and let the veteran join that review. If a review shows the long-term goals are no longer likely because the veteran’s work-related condition changed, and a different plan is more likely to succeed, the Secretary must make a new plan. The Secretary may also decide not to change the plan. If a veteran disagrees with the proposed plan, a revised plan, or the decision not to revise it, the veteran can send a written statement asking for a review. The Secretary must decide on that review within 90 days of the veteran’s statement, unless rules allow up to 150 days, in which case the decision is due by that later date.

Title 38, §3107

Veterans' Benefits — Source: USLM XML via OLRC

(a)The Secretary shall formulate an individualized 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 rehabilitation 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 anticipated duration of each such service, and (4) objective criteria and an evaluation procedure and schedule for determining whether such objectives and goals are being achieved.

(b)(1)The Secretary shall review at least annually 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.

(2)On the basis of such review, the Secretary shall—

(A)redevelop such plan with such veteran if the Secretary determines the achievement of the long-range rehabilitation goals for such veteran is—

(i)no longer feasible due to changes in the employment handicap of the veteran; and

(ii)likelier under a different plan formulated under subsection (a); or

(B)disapprove redevelopment of such plan if the Secretary determines such redevelopment is not appropriate.

(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 disapproved 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 redevelopment of such plan, such veteran may submit to the person described in section 3106(f) of this title a written statement containing such veteran’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, unless 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 regulations 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.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Prior section 3107 was renumbered section 5307 of this title.

Amendments

2026—Subsec. (b). Pub. L. 119–72 designated existing provisions as par. (1), struck out at end “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, that redevelopment of such plan is appropriate, or (2) disapprove redevelopment of such plan if the Secretary determines, under such

Regulations

, that redevelopment of such plan is not appropriate.”, and added par. (2). 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 substituted “Secretary” for “Administrator” 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. Individualized Written Plans and Extensions of Eligibility and Vocational Rehabilitation Program 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 participating in a program of vocational rehabilitation under this chapter on Mar. 31, 1981, individualized written plans of vocational rehabilitation were to be formulated under this section as determined by Administrator, and authorized extensions of periods of vocational rehabilitation without regard to certain requirements for determinations of serious employment handicaps. Veterans Pursuing Program of Vocational Rehabilitation Under Former section 1507 of This TitleDuring the period beginning on Oct. 1, 1980, and ending on Mar. 31, 1981, the provisions of section 3112 [formerly 1512] of this title, as added by Pub. L. 96–466, title I, § 101(a), Oct. 17, 1980, 94 Stat. 2181, shall apply to veterans pursuing a program of vocational rehabilitation training under this chapter in the same manner as former section 1507 of this title applied to veterans pursuing 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.

§3107 Individualized vocational rehabilitation plan

Summary

Title 38, §3107

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Amendments

Regulations

Regulations

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

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