§3106 — Title 38 Veterans' Benefits | U.S. Code

Summary

The VA must give any veteran who has a service-connected disability rated 10 percent or more and who asks for help an initial evaluation. That evaluation checks if the veteran is eligible for benefits and, if so, whether the veteran has a serious employment handicap and whether reaching a work-related goal is reasonably possible now if that can be decided without more testing. If the VA finds a serious employment handicap and the work goal seems doable now, the VA must give a written, personalized vocational rehabilitation plan. If the VA finds a serious employment handicap but cannot tell yet if the work goal is doable, the VA must provide an extended evaluation with extra services to build the veteran’s ability to join a vocational program, help them become more independent in daily life, and give other authorized help. If, after the evaluations, a work goal is judged not currently doable, the VA must decide if the veteran can take part in independent-living services. The VA must make feasibility decisions as quickly as possible, must decide by the end of any extended evaluation or its extension, and must resolve reasonable doubt in favor of the work goal being feasible. For each extended evaluation and each rehab program for veterans with a serious employment handicap, the VA must assign an employee to manage and follow up on all services, including coordinating employment help.

Title 38, §3106

Veterans' Benefits — Source: USLM XML via OLRC

(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 determine 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 determine—

(A)whether such veteran has a serious employment 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 evaluation.

(b)In any case in which the Secretary has determined that a veteran has a serious employment handicap and that the achievement of a vocational goal currently is reasonably feasible for such veteran, such veteran shall be provided an individualized written plan of vocational rehabilitation developed under section 3107(a) of this title.

(c)In any case in which the Secretary has determined that a veteran has a serious employment handicap but the Secretary is unable to determine, in an initial evaluation pursuant to subsection (a) of this section, whether or not the achievement of a vocational goal currently is reasonably feasible, such veteran shall be provided with an extended evaluation consisting of the services described in section 3104(a)(1) of this title, such services under this chapter as the Secretary determines necessary to improve such veteran’s potential for participation in a program of services designed to achieve a vocational goal and enable such veteran to achieve maximum independence in daily living, and assistance as authorized by section 3108 of this title.

(d)In any case in which the Secretary has determined that a veteran has a serious employment handicap and also determines, following such initial and any such extended evaluation, that achievement of a vocational goal currently is not reasonably feasible, the Secretary shall determine whether the veteran is capable of participating in a program of independent living services and assistance under section 3120 of this title.

(e)The Secretary shall in all cases determine as expeditiously as possible whether the achievement of a vocational goal by a veteran currently is reasonably feasible. In the case of a veteran provided extended evaluation under subsection (c) of this section (including any periods of extensions under section 3105(a) of this title), the Secretary shall make such determination not later than the end of such extended evaluation or period of extension, as the case may be. In determining whether the achievement of a vocational goal currently is reasonably feasible, the Secretary shall resolve any reasonable doubt in favor of determining that such achievement currently is reasonably feasible.

(f)In connection with each period of extended evaluation of a veteran and each rehabilitation program for a veteran who is determined to have a serious employment handicap, the Secretary shall assign a Department of Veterans Affairs employee to be responsible for the management and followup of the provision of all services (including appropriate coordination of employment assistance under section 3117 of this title) and assistance under this chapter to such veteran.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Prior section 3106 was renumbered section 5306 of this title.

Amendments

1996—Subsec. (a). Pub. L. 104–275, § 101(f)(1)(A), substituted “rated at 10 percent or more” for “described in clause (i) or (ii) of section 3102(1)(A) of this title”. Subsec. (b). Pub. L. 104–275, § 101(f)(1)(B), struck out “counseling in accordance with” before “an individualized written plan”. Subsec. (c). Pub. L. 104–275, § 101(f)(1)(C), substituted “with an extended” for “with extended”. Subsecs. (d) to (f). Pub. L. 104–275, § 101(f)(1)(D), added subsec. (d) and redesignated former subsecs. (d) and (e) as (e) and (f), respectively. 1994—Subsec. (a). Pub. L. 103–446 substituted “clause (i) or (ii) of section 3102(1)(A)” for “section 3102(1)(A) or (B)”. 1991—Pub. L. 102–83, § 5(a), renumbered section 1506 of this title as this section. Subsec. (a). Pub. L. 102–83, § 5(c)(1), substituted “3102(1)(A)” for “1502(1)(A)” and “3104(a)(1)” for “1504(a)(1)” in introductory provisions. Subsec. (b). Pub. L. 102–83, § 5(c)(1), substituted “3107(a)” for “1507(a)”. Subsec. (c). Pub. L. 102–83, § 5(c)(1), substituted “3104(a)(1)” for “1504(a)(1)” and “3108” for “1508”. Subsec. (d). Pub. L. 102–83, § 5(c)(1), substituted “3105(a)” for “1505(a)”. Subsec. (e). Pub. L. 102–83, § 5(c)(1), substituted “3117” for “1517”. 1989—Pub. L. 101–237 substituted “Secretary” and “Department of Veterans Affairs” for “Administrator” and “Veterans’ Administration”, respectively, wherever appearing. 1986—Subsecs. (a)(2)(B), (b) to (d). Pub. L. 99–576 substituted “currently is reasonably feasible” for “is reasonably feasible” 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.

§3106 Initial and Extended Evaluations; Determinations Regarding Serious Employment Handicap