§ 3101. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 38USC3101]
TITLE 38--VETERANS' BENEFITS
PART III--READJUSTMENT AND RELATED BENEFITS
CHAPTER 31--TRAINING AND REHABILITATION FOR VETERANS WITH SERVICE-
CONNECTED DISABILITIES
Sec. 3101. Definitions
For the purposes of this chapter--
(1) The term ``employment handicap'' means an impairment, resulting
in substantial part from a disability described in section 3102(1)(A) of
this title, of a veteran's ability to prepare for, obtain, or retain
employment consistent with such veteran's abilities, aptitudes, and
interests.
(2) The term ``independence in daily living'' means the ability of a
veteran, without the services of others or with a reduced level of the
services of others, to live and function within such veteran's family
and community.
(3) The term ``program of education'' has the meaning provided in
section 3452(b) of this title.
(4) The term ``program of independent living services and
assistance'' includes (A) the services provided for in this chapter that
are needed to enable a veteran to achieve independence in daily living,
including such counseling, diagnostic, medical, social, psychological,
and educational services as are determined by the Secretary to be needed
for such veteran to achieve maximum independence in daily living, and
(B) the assistance authorized by this chapter for such veteran.
(5) The term ``rehabilitated to the point of employability'' means
rendered employable in an occupation for which a vocational
rehabilitation program has been provided under this chapter.
(6) The term ``rehabilitation program'' means (A) a vocational
rehabilitation program, or (B) a program of independent living services
and assistance authorized under section 3120 of this title for a veteran
for whom a vocational goal has been determined not to be currently
reasonably feasible.
(7) The term ``serious employment handicap'' means a significant
impairment, resulting in substantial part from a service-connected
disability rated at 10 percent or more, of a veteran's ability to
prepare for, obtain, or retain employment consistent with such veteran's
abilities, aptitudes, and interests.
(8) The term ``vocational goal'' means a gainful employment status
consistent with a veteran's abilities, aptitudes, and interests.
(9) The term ``vocational rehabilitation program'' includes--
(A) the services provided for in this chapter that are needed
for the accomplishment of the purposes of this chapter, including
such counseling, diagnostic, medical, social, psychological,
independent living, economic, educational, vocational, and
employment services as are determined by the Secretary to be
needed--
(i) in the case of a veteran for whom the achievement of a
vocational goal has not been determined not to be currently
reasonably feasible, (I) to determine whether a vocational goal
is reasonably feasible, (II) to improve such veteran's potential
to participate in a program of services designed to achieve a
vocational goal, and (III) to enable such veteran to achieve
maximum independence in daily living, and
(ii) in the case of a veteran for whom the achievement of a
vocational goal is determined to be reasonably feasible, to
enable such veteran to become, to the maximum extent feasible,
employable and to obtain and maintain suitable employment, and
(B) the assistance authorized by this chapter for a veteran
receiving any of the services described in clause (A) of this
paragraph.
(Added Pub. L. 96-466, title I, Sec. 101(a), Oct. 17, 1980, 94 Stat.
2172, Sec. 1501; amended Pub. L. 99-576, title III, Sec. 333(b)(1), Oct.
28, 1986, 100 Stat. 3279; Pub. L. 101-237, title IV, Sec. 423(b)(1)(A),
Dec. 18, 1989, 103 Stat. 2092; renumbered Sec. 3101 and amended Pub. L.
102-83, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 104-275,
title I, Sec. 101(a), Oct. 9, 1996, 110 Stat. 3323.)
Prior Provisions
Prior section 3101 was renumbered section 5301 of this title.
Amendments
1996--Par. (1). Pub. L. 104-275, Sec. 101(a)(1), inserted ``,
resulting in substantial part from a disability described in section
3102(1)(A) of this title,'' after ``impairment''.
Par. (6). Pub. L. 104-275, Sec. 101(a)(2), inserted ``authorized
under section 3120 of this title'' after ``assistance''.
Par. (7). Pub. L. 104-275, Sec. 101(a)(3), inserted ``, resulting in
substantial part from a service-connected disability rated at 10 percent
or more,'' after ``impairment''.
1991--Pub. L. 102-83, Sec. 5(a), renumbered section 1501 of this
title as this section.
Par. (3). Pub. L. 102-83, Sec. 5(c)(1), substituted ``3452(b)'' for
``1652(b)''.
1989--Pars. (4), (9)(A). Pub. L. 101-237 substituted ``Secretary''
for ``Administrator''.
1986--Pars. (6)(B), (9)(A)(i). Pub. L. 99-576 inserted ``currently''
after ``be''.
Effective Date of 1996 Amendment
Section 101(j) of Pub. L. 104-275 provided that:
``(1) Except as provided in paragraph (2), the amendments made by
this section [amending this section and sections 3102 to 3109, 3117,
3118, and 3120 of this title] shall take effect on the date of the
enactment of this Act [Oct. 9, 1996].
``(2) The amendments made by subsection (a) (other than paragraph
(2)) [amending this section], subsection (d) (other than subparagraphs
(A) and (B) of paragraph (1)) [amending section 3104 of this title], and
subsection (i) [amending section 3120 of this title] shall only apply
with respect to claims of eligibility or entitlement to services and
assistance (including claims for extension of such services and
assistance) under chapter 31 of title 38, United States Code, received
by the Secretary of Veterans Affairs on or after the date of the
enactment of this Act, including those claims based on original
applications, and applications seeking to reopen, revise, reconsider, or
otherwise adjudicate or readjudicate on any basis claims for services
and assistance under such chapter.''
Effective Date
Section effective Apr. 1, 1981, see section 802(a)(1) of Pub. L. 96-
466, as amended, set out as a note under section 3100 of this title.
Section Referred to in Other Sections
This section is referred to in sections 1728, 3695 of this title.
