§3111 — Title 38 Veterans' Benefits | U.S. Code

Summary

The Secretary must create rules to encourage veterans to behave well and cooperate while they take part in rehabilitation programs. If a veteran fails to behave or cooperate, and VA staff have tried reasonable counseling that is unlikely to help, VA can stop the services unless there are special reasons not to. Services can be restarted only if the cause of the bad conduct is fixed and the rehab plan the veteran proposes (same or changed) fits the veteran’s abilities, aptitudes, and interests.

Title 38, §3111

Veterans' Benefits — Source: USLM XML via OLRC

The Secretary shall prescribe such rules and regulations as the Secretary determines necessary to promote satisfactory conduct and cooperation on the part of veterans who are pursuing rehabilitation programs under this chapter. In any case in which the Secretary determines that a veteran has failed to maintain satisfactory conduct or cooperation, the Secretary may, after determining that all reasonable counseling efforts have been made and are not reasonably likely to be effective, discontinue services and assistance unless the Secretary determines that mitigating circumstances exist. In any case in which such services and assistance have been discontinued, the Secretary may reinstitute such services and assistance only if the Secretary determines that—

(1)the cause of the unsatisfactory conduct or cooperation of such veteran has been removed; and

(2)the rehabilitation program which such veteran proposes to pursue (whether the same or revised) is suitable to such veteran’s abilities, aptitudes, and interests.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Prior section 3111 was renumbered section 5311 of this title.

Amendments

1991—Pub. L. 102–83 renumbered section 1511 of this title as this section. 1989—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.

§3111 Regulations to Promote Satisfactory Conduct and Cooperation