§3105 — Title 38 Veterans' Benefits | U.S. Code

Summary

Sets time limits for how long the Secretary can evaluate a veteran and how long a veteran can take part in vocational rehab or independent living help, and explains when those time limits can be extended. If the Secretary cannot tell whether a veteran can now reach a job goal, the extended evaluation period can be at most 12 months. The Secretary can add extra 6-month extensions, but only if the Secretary first finds it likely that a decision can be made during each added period. After the Secretary finds a vocational goal is currently reasonably achievable, the basic rehab program normally cannot go past 48 months. Counseling, placement, and postplacement help can be added for up to 18 more months if the Secretary finds it needed. A rehab track under section 3102(b) is limited to 12 months. If an emergency stops a veteran from taking part in counseling, placement, or the rehab program, the Secretary must extend the time by the same number of months the veteran was prevented from participating. The Secretary can also extend a program if the veteran was once employable but later could not do that job because a service-connected disability worsened, the job is no longer suitable, or the veteran has a serious employment handicap under VA rules. Independent living services are normally limited to 24 months. They can go longer if the Secretary finds more time will likely give a big increase in daily independence, or if the veteran served on active duty in the Post-9/11 Global Operations period (beginning September 11, 2001) and has a severe disability from that service. Finally, any subsistence allowance and related help paid while a veteran is ordered to active duty under 10 U.S.C. 688, 12301(a), 12301(d), 12301(g), 12302, 12304, 12304a, or 12304b will not be charged against the veteran’s entitlement or counted toward the time limit in section 3695. The period protected is the time the veteran lost credit or training time, as the Secretary decides.

Title 38, §3105

Veterans' Benefits — Source: USLM XML via OLRC

(a)In any case in which the Secretary is unable to determine whether it currently is reasonably feasible for a veteran to achieve a vocational 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 reasonably likely that, during the period of any such extension, a determination can be made whether the achievement of a vocational goal is reasonably 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 vocational 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 placement and postplacement services described in section 3104(a)(2) and (5) of this title may be provided for an additional period not to exceed eighteen months in any case in which the Secretary determines the provision of such counseling and services to be necessary to accomplish 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 determines 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 extend the period during which the Secretary may provide such counseling and placement and postplacement services for the veteran for a period equal to the number of months that the veteran was so prevented from participating in such counseling and services, as determined by the Secretary.

(B)In any case in which the Secretary determines that a veteran has been prevented from participating in a vocational rehabilitation program under this chapter due to an emergency situation, the Secretary shall extend the period of the veteran’s vocational rehabilitation program for a period equal to the number of months that the veteran was so prevented from participating 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 rehabilitated 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 services and assistance for a veteran under this chapter (following a determination by the Secretary that such veteran’s disability or disabilities are so severe that the achievement of a vocational goal currently is not reasonably feasible) 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 during the Post-9/11 Global Operations period and has a severe disability (as determined by the 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 prescribed by Presidential proclamation or by law.

(e)(1)Notwithstanding any other provision of this chapter or chapter 36 of this title, any payment of a subsistence allowance and other assistance 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 individual’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 assistance for the period described in paragraph (3) to a veteran for participation in a vocational rehabilitation program under this chapter if the Secretary finds that the veteran had to suspend or discontinue participation in such vocational rehabilitation 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 subsection, a subsistence allowance and other assistance is not charged against entitlement or counted toward the applicable aggregate period under section 3695 of this title shall be the period of participation in the vocational rehabilitation program for which the veteran failed to receive credit or with respect to which the veteran lost training time, as determined by the Secretary.

Notes & Related Subsidiaries

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), substituted “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) Except as provided in paragraph (2),” for “Unless the Secretary 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 “veteran’s current employment” for “veteran’s employment”. 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 “Administrator” wherever appearing. 1986—Subsec. (a). Pub. L. 99–576, § 333(b)(3)(A), inserted “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 AmendmentAmendment 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 AmendmentAmendment 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 participate 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.

§3105 Duration of Rehabilitation Programs

Summary

Title 38, §3105

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

Citations & Metadata