Title 38Veterans' BenefitsRelease 119-73not60

§1804 Vocational Training and Rehabilitation

Title 38 › Part II— GENERAL BENEFITS › Chapter 18— BENEFITS FOR CHILDREN OF VIETNAM VETERANS AND CERTAIN OTHER VETERANS › Subchapter I— CHILDREN OF VIETNAM VETERANS BORN WITH SPINA BIFIDA › § 1804

Last updated Apr 5, 2026|Official source

Summary

The Secretary may provide vocational training to a child of a Vietnam veteran who has spina bifida if the Secretary finds the child can reasonably reach a vocational goal. The training plan must be made with the child, written down, and ready before the program starts. The program includes job-focused services such as placement help, follow-up after placement, and personal and work adjustment training. It can include college-level education only if the program is mainly vocational. The program cannot pay loans, a living allowance, or pay for adaptive car equipment. Training normally lasts up to 24 months. The Secretary can extend it up to 24 more months if needed to meet a vocational goal that was written down before the first 24 months end. Training can begin on the child’s 18th birthday or when the child finishes high school, whichever comes first; it may start earlier if the child is past the State’s compulsory school age and the Secretary agrees. A child cannot get these training benefits and chapter 35 benefits at the same time and must choose one. The total time a child may get aid under both programs cannot exceed 48 months (or the part-time equivalent).

Full Legal Text

Title 38, §1804

Veterans' Benefits — Source: USLM XML via OLRC

(a)Pursuant to such regulations as the Secretary may prescribe, the Secretary may provide vocational training under this section to a child of a Vietnam veteran who is suffering from spina bifida if the Secretary determines that the achievement of a vocational goal by such child is reasonably feasible.
(b)Any program of vocational training for a child under this section shall—
(1)be designed in consultation with the child in order to meet the child’s individual needs;
(2)be set forth in an individualized written plan of vocational rehabilitation; and
(3)be designed and developed before the date specified in subsection (d)(3) so as to permit the beginning of the program as of the date specified in that subsection.
(c)(1)A vocational training program for a child under this section—
(A)shall consist of such vocationally oriented services and assistance, including such placement and post-placement services and personal and work adjustment training, as the Secretary determines are necessary to enable the child to prepare for and participate in vocational training or employment; and
(B)may include a program of education at an institution of higher learning if the Secretary determines that the program of education is predominantly vocational in content.
(2)A vocational training program under this section may not include the provision of any loan or subsistence allowance or any automobile adaptive equipment.
(d)(1)Except as provided in paragraph (2) and subject to subsection (e)(2), a vocational training program under this section may not exceed 24 months.
(2)The Secretary may grant an extension of a vocational training program for a child under this section for up to 24 additional months if the Secretary determines that the extension is necessary in order for the child to achieve a vocational goal identified (before the end of the first 24 months of such program) in the written plan of vocational rehabilitation formulated for the child pursuant to subsection (b).
(3)A vocational training program under this section may begin on the child’s 18th birthday, or on the successful completion of the child’s secondary schooling, whichever first occurs, except that, if the child is above the age of compulsory school attendance under applicable State law and the Secretary determines that the child’s best interests will be served thereby, the vocational training program may begin before the child’s 18th birthday.
(e)(1)A child who is pursuing a program of vocational training under this section and is also eligible for assistance under a program under chapter 35 of this title may not receive assistance under both such programs concurrently. The child shall elect (in such form and manner as the Secretary may prescribe) the program under which the child is to receive assistance.
(2)The aggregate period for which a child may receive assistance under this section and chapter 35 of this title may not exceed 48 months (or the part-time equivalent thereof).

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 1804 was renumbered section 3704 of this title.

Amendments

2003—Subsec. (c)(2). Pub. L. 108–183 substituted “section” for “subsection”. 1997—Subsec. (b). Pub. L. 105–114, § 404(c)(1), substituted “shall—” for “shall be designed in consultation with the child in order to meet the child’s individual needs and shall be set forth in an individualized written plan of vocational rehabilitation.” and added pars. (1) to (3). Subsec. (c)(1)(B). Pub. L. 105–114, § 404(c)(2), substituted “higher learning” for “higher education”. Subsec. (d)(3). Pub. L. 105–114, § 404(c)(3), added par. (3).

Statutory Notes and Related Subsidiaries

Effective Date

of 1997 Amendment Pub. L. 105–114, title IV, § 404(d), Nov. 21, 1997, 111 Stat. 2295, provided that: “The

Amendments

made by this section [amending this section and section 1801 and 1806 of this title] shall take effect as of October 1, 1997.”

Reference

Citations & Metadata

Citation

38 U.S.C. § 1804

Title 38Veterans' Benefits

Last Updated

Apr 5, 2026

Release point: 119-73not60