§ 3104. — Scope of services and assistance.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 38USC3104]
TITLE 38--VETERANS' BENEFITS
PART III--READJUSTMENT AND RELATED BENEFITS
CHAPTER 31--TRAINING AND REHABILITATION FOR VETERANS WITH SERVICE-
CONNECTED DISABILITIES
Sec. 3104. Scope of services and assistance
(a) Services and assistance which the Secretary may provide under
this chapter, pursuant to regulations which the Secretary shall
prescribe, include the following:
(1) Evaluation, including periodic reevaluations as appropriate
with respect to a veteran participating in a rehabilitation program,
of the potential for rehabilitation of a veteran, including
diagnostic and related services (A) to determine whether the veteran
has an employment handicap or a serious employment handicap and
whether a vocational goal is reasonably feasible for such veteran,
and (B) to provide a basis for planning a suitable vocational
rehabilitation program or a program of services and assistance to
improve the vocational rehabilitation potential or independent
living status of such veteran, as appropriate.
(2) Educational, vocational, psychological, employment, and
personal adjustment counseling.
(3) An allowance and other appropriate assistance, as authorized
by section 3108 of this title.
(4) A work-study allowance as authorized by section 3485 of this
title.
(5) Placement services to effect suitable placement in
employment, and postplacement services to attempt to insure
satisfactory adjustment in employment.
(6) Personal adjustment and work adjustment training.
(7)(A) Vocational and other training services and assistance,
including individualized tutorial assistance, tuition, fees, books,
supplies, handling charges, licensing fees, and equipment and other
training materials determined by the Secretary to be necessary to
accomplish the purposes of the rehabilitation program in the
individual case.
(B) Payment for the services and assistance provided under
subparagraph (A) of this paragraph shall be made from funds
available for the payment of readjustment benefits.
(8) Loans as authorized by section 3112 of this title.
(9) Treatment, care, and services described in chapter 17 of
this title.
(10) Prosthetic appliances, eyeglasses, and other corrective and
assistive devices.
(11) Services to a veteran's family as necessary for the
effective rehabilitation of such veteran.
(12) For veterans with the most severe service-connected
disabilities who require homebound training or self-employment, or
both homebound training and self-employment, such license fees and
essential equipment, supplies, and minimum stocks of materials as
the Secretary determines to be necessary for such a veteran to begin
employment and are within the criteria and cost limitations that the
Secretary shall prescribe in regulations for the furnishing of such
fees, equipment, supplies, and stocks.
(13) Travel and incidental expenses under the terms and
conditions set forth in section 111 of this title, plus, in the case
of a veteran who because of such veteran's disability has
transportation expenses in addition to those incurred by persons not
so disabled, a special transportation allowance to defray such
additional expenses during rehabilitation, job seeking, and the
initial employment stage.
(14) Special services (including services related to blindness
and deafness) including--
(A) language training, speech and voice correction, training
in ambulation, and one-hand typewriting;
(B) orientation, adjustment, mobility, reader, interpreter,
and related services; and
(C) telecommunications, sensory, and other technical aids
and devices.
(15) Services necessary to enable a veteran to achieve maximum
independence in daily living.
(16) Other incidental goods and services determined by the
Secretary to be necessary to accomplish the purposes of a
rehabilitation program in an individual case.
(b) A rehabilitation program (including individual courses) to be
pursued by a veteran shall be subject to the approval of the Secretary.
(Added Pub. L. 96-466, title I, Sec. 101(a), Oct. 17, 1980, 94 Stat.
2174, Sec. 1504; amended Pub. L. 100-323, Sec. 11(a)(3)(A), May 20,
1988, 102 Stat. 568; Pub. L. 101-237, title IV, Sec. 423(b)(1)(A), Dec.
18, 1989, 103 Stat. 2092; Pub. L. 102-16, Sec. 3(b)(1), Mar. 22, 1991,
105 Stat. 49; Pub. L. 102-54, Sec. 14(c)(3), June 13, 1991, 105 Stat.
285; renumbered Sec. 3104 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(d), Oct.
9, 1996, 110 Stat. 3324.)
Prior Provisions
Prior section 3104 was renumbered section 5304 of this title.
Amendments
1996--Subsec. (a)(1). Pub. L. 104-275, Sec. 101(d)(1)(A),
substituted ``the veteran has an employment handicap or'' for ``such
veteran's disability or disabilities cause'' and inserted ``reasonably''
after ``goal is''.
Subsec. (a)(7)(A). Pub. L. 104-275, Sec. 101(d)(1)(B), struck out
``(i)'' after ``assistance, including'' and ``, and (ii) job-readiness
skills development and counseling under section 14(a)(2) of the
Veterans' Job Training Act (29 U.S.C. 1721 note) for a participant in a
program of training under such Act'' after ``individual case''.
Subsec. (a)(12). Pub. L. 104-275, Sec. 101(d)(1)(C), substituted
``For veterans with the most severe service-connected disabilities who
require'' for ``For the most severely disabled veterans requiring''.
Subsecs. (b), (c). Pub. L. 104-275, Sec. 101(d)(2), redesignated
subsec. (c) as (b) and struck out former subsec. (b) which read as
follows: ``A program of independent living services and assistance may
include the types of services and assistance described in section 702 of
the Rehabilitation Act of 1973 (29 U.S.C. 796a).''
1991--Pub. L. 102-83, Sec. 5(a), renumbered section 1504 of this
title as this section.
Subsec. (a)(3). Pub. L. 102-83, Sec. 5(c)(1), substituted ``3108''
for ``1508''.
Subsec. (a)(4). Pub. L. 102-83, Sec. 5(c)(1), substituted ``3485''
for ``1685''.
Subsec. (a)(7). Pub. L. 102-16 designated existing provisions as
subpar. (A), redesignated former cls. (A) and (B) as cls. (i) and (ii),
respectively, substituted ``handling charges, licensing'' for ``and
licensing'', and added subpar. (B).
Subsec. (a)(8). Pub. L. 102-83, Sec. 5(c)(1), substituted ``3112''
for ``1512''.
Subsec. (b). Pub. L. 102-54 substituted ``(29 U.S.C. 796a)'' for
``(29 U.S.C. 796)''.
1989--Subsecs. (a), (c). Pub. L. 101-237 substituted ``Secretary''
for ``Administrator'' wherever appearing.
1988--Subsec. (a)(7). Pub. L. 100-323 designated existing provisions
as subpar. (A) and added subpar. (B).
Effective Date of 1996 Amendment
Amendment by Pub. L. 104-275 effective Oct. 9, 1996, with amendment
by section 101(d)(1)(C), (2) of Pub. L. 104-275 only applicable with
respect to claims of eligibility or entitlement to services and
assistance (including claims for extension of such services and
assistance) under this chapter received by the Secretary of Veterans
Affairs on or after Oct. 9, 1996, 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 this chapter, see section 101(j) of
Pub. L. 104-275, set out as a note under section 3101 of this title.
Effective Date of 1991 Amendment
Section 3(b)(2) of Pub. L. 102-16 provided that: ``The amendments
made by this subsection [amending this section] shall apply only to
payments made on or after the date of the enactment of this Act [Mar.
22, 1991].''
Effective Date of 1988 Amendment
Section 16 of Pub. L. 100-323 provided that:
``(a) In General.--Except as provided in subsection (b), the
provisions of and amendments made by this Act [see Tables for
classification] shall take effect on the date of the enactment of this
Act [May 20, 1988].
``(b) Exceptions.--(1) The following provisions of or amendments
made by this Act shall take effect for all of fiscal year 1988 and
subsequent fiscal years:
``(A) Clause (5) of subsection (b) of section 2002A [now 4102A]
of title 38, United States Code, as added by section 2(a)(2) of this
Act.
``(B) Subsection (a) of section 2003A [now 4103A] of such title,
as amended by section 2(e)(1)(A) of this Act.
``(C) Paragraphs (1), (2), and (3) of section 2004(a) [now
4104(a)] of such title, as amended by section 3(a) of this Act.
``(D) Paragraphs (2) through (5) of section 1774(a) [now
3674(a)] of such title, as added by section 13(a)(1) of this Act.
``(2) The provisions of and amendments made by sections 4 through 11
[see Tables for classification] shall take effect on the 60th day after
the date of the enactment of this Act [May 20, 1988].''
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.
Veterans Pursuing Program of Vocational Rehabilitation Under Former
Section 1504 of This Title
During the period beginning on Oct. 1, 1980, and ending on Mar. 31,
1981, the provisions of section 3108 [formerly 1508] of this title, as
added by Pub. L. 96-466, title I, Sec. 101(a), Oct. 17, 1980, 94 Stat.
2178, shall apply to veterans pursuing a program of vocational
rehabilitation training under this chapter in the same manner as former
section 1504 of this title applied to veterans pursuing such a program
under this chapter on Sept. 30, 1980. See section 802(a)(4) of Pub. L.
96-466, set out as an Effective Date note under section 3100 of this
title.
Section Referred to in Other Sections
This section is referred to in sections 1163, 1524, 3105, 3106,
3108, 3117, 3120 of this title.
