[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 38USC3102]
TITLE 38--VETERANS' BENEFITS
PART III--READJUSTMENT AND RELATED BENEFITS
CHAPTER 31--TRAINING AND REHABILITATION FOR VETERANS WITH SERVICE-
CONNECTED DISABILITIES
Sec. 3102. Basic entitlement
A person shall be entitled to a rehabilitation program under the
terms and conditions of this chapter if--
(1) the person--
(A) is--
(i) a veteran who has a service-connected disability
rated at 20 percent or more which was incurred or aggravated
in service on or after September 16, 1940; or
(ii) hospitalized or receiving outpatient medical care,
services, or treatment for a service-connected disability
pending discharge from the active military, naval, or air
service, and the Secretary determines that--
(I) the hospital (or other medical facility)
providing the hospitalization, care, services, or
treatment is doing so under contract or agreement with
the Secretary concerned, or is under the jurisdiction of
the Secretary of Veterans Affairs or the Secretary
concerned; and
(II) the person is suffering from a disability which
will likely be compensable at a rate of 20 percent or
more under chapter 11 of this title; and
(B) is determined by the Secretary to be in need of
rehabilitation because of an employment handicap; or
(2) the person is a veteran who--
(A) has a service-connected disability rated at 10 percent
which was incurred or aggravated in service on or after
September 16, 1940; and
(B) is determined by the Secretary to be in need of
rehabilitation because of a serious employment handicap.
(Added Pub. L. 96-466, title I, Sec. 101(a), Oct. 17, 1980, 94 Stat.
2173, Sec. 1502; amended Pub. L. 101-237, title IV, Sec. 423(b)(1)(A),
Dec. 18, 1989, 103 Stat. 2092; Pub. L. 101-508, title VIII,
Sec. 8021(a), Nov. 5, 1990, 104 Stat. 1388-347; Pub. L. 102-16,
Sec. 3(a), Mar. 22, 1991, 105 Stat. 49; renumbered Sec. 3102, Pub. L.
102-83, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102-568, title
IV, Sec. 404(a), Oct. 29, 1992, 106 Stat. 4338; Pub. L. 104-275, title
I, Sec. 101(b), Oct. 9, 1996, 110 Stat. 3323.)
Prior Provisions
Prior section 3102 was renumbered section 5302 of this title.
Amendments
1996--Par. (1)(A)(i). Pub. L. 104-275, Sec. 101(b)(1), substituted
``rated at 20 percent or more'' for ``which is, or but for the receipt
of retired pay would be, compensable at a rate of 20 percent or more
under chapter 11 of this title and''.
Par. (2)(A). Pub. L. 104-275, Sec. 101(b)(2), substituted ``rated at
10 percent'' for ``which is, or but for the receipt of retired pay would
be, compensable at a rate of 10 percent under chapter 11 of this title
and''.
Par. (2)(B). Pub. L. 104-275, Sec. 101(b)(3), amended subpar. (B)
generally. Prior to amendment, subpar. (B) read as follows: ``has a
serious employment handicap.''
1992--Pub. L. 102-568 amended section generally, making changes in
substance and structure.
1991--Pub. L. 102-83 renumbered section 1502 of this title as this
section.
Par. (1)(B). Pub. L. 102-16 substituted ``or receiving outpatient
medical care, services, or treatment for a service-connected disability
pending discharge from the active military, naval, or air service, and
the Secretary determines that (i) the hospital (or other medical
facility) providing the hospitalization, care, services, or treatment
either is doing so under contract or agreement with the Secretary
concerned or is under the jurisdiction of the Secretary of Veterans
Affairs or the Secretary concerned, and (ii) the person is suffering
from a disability which'' for ``for a service-connected disability in a
hospital over which the Secretary concerned has jurisdiction pending
discharge or release from active military, naval, or air service and is
suffering from a disability which the Secretary determines''.
1990--Par. (1). Pub. L. 101-508 substituted ``compensable at a rate
of 20 percent or more'' for ``compensable'' in cls. (A) and (B).
1989--Pub. L. 101-237 substituted ``Secretary determines'' for
``Administrator determines'' in par. (1)(B) and ``Secretary'' for
``Administrator'' in par. (2).
Effective Date of 1992 Amendment
Section 404(b) of Pub. L. 102-568, as amended by Pub. L. 103-446,
title VI, Sec. 602(c)(1), Nov. 2, 1994, 108 Stat. 4671, provided that:
``The amendment made by subsection (a) [amending this section] shall
take effect on October 1, 1993, but shall not apply to veterans and
other persons who originally applied for assistance under chapter 31 of
title 3
