§ 3105. — Duration of rehabilitation programs.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 38USC3105]
TITLE 38--VETERANS' BENEFITS
PART III--READJUSTMENT AND RELATED BENEFITS
CHAPTER 31--TRAINING AND REHABILITATION FOR VETERANS WITH SERVICE-
CONNECTED DISABILITIES
Sec. 3105. Duration of rehabilitation programs
(a) In any case in which the Secretary is unable to determine
whether it currently is reasonably feasible for a veteran to achieve a
vocational goal, the period of extended evaluation under section 3106(c)
of this title may not exceed twelve months, except that such period may
be extended for additional periods of up to six months each if the
Secretary determines before granting any such extension that it is
reasonably likely that, during the period of any such extension, a
determination can be made whether the achievement of a vocational goal
is reasonably feasible in the case of such veteran.
(b) Except as provided in subsection (c) of this section, the period
of a vocational rehabilitation program for a veteran under this chapter
following a determination of the current reasonable feasibility of
achieving a vocational goal may not exceed forty-eight months, except
that the counseling and placement and postplacement services described
in section 3104(a)(2) and (5) of this title may be provided for an
additional period not to exceed eighteen months in any case in which the
Secretary determines the provision of such counseling and services to be
necessary to accomplish the purposes of a rehabilitation program in the
individual case.
(c) The Secretary may extend the period of a vocational
rehabilitation program for a veteran to the extent that the Secretary
determines that an extension of such period is necessary to enable such
veteran to achieve a vocational goal if the Secretary also determines--
(1) that such veteran had previously been rehabilitated to the
point of employability but (A) such veteran's need for further
vocational rehabilitation has arisen out of a worsening of such
veteran's service-connected disability that precludes such veteran
from performing the duties of the occupation for which such veteran
had been so rehabilitated, or (B) the occupation for which such
veteran had been so rehabilitated is not suitable in view of such
veteran's current employment handicap and capabilities; or
(2) under regulations which the Secretary shall prescribe, that
such veteran has a serious employment handicap and that an extension
of such period is necessary to accomplish the purposes of a
rehabilitation program for such veteran.
(d) Unless the Secretary determines that a longer period is
necessary and likely to result in a substantial increase in a veteran's
level of independence in daily living, the period of a program of
independent living services and assistance for a veteran under this
chapter (following a determination by the Secretary that such veteran's
disability or disabilities are so severe that the achievement of a
vocational goal currently is not reasonably feasible) may not exceed
twenty-four months.
(e)(1) Notwithstanding any other provision of this chapter or
chapter 36 of this title, any payment of a subsistence allowance and
other assistance described in paragraph (2) shall not--
(A) be charged against any entitlement of any veteran under this
chapter; or
(B) be counted toward the aggregate period for which section
3695 of this title limits an individual's receipt of allowance or
assistance.
(2) The payment of the subsistence allowance and other assistance
referred to in paragraph (1) is the payment of such an allowance or
assistance for the period described in paragraph (3) to a veteran for
participation in a vocational rehabilitation program under this chapter
if the Secretary finds that the veteran had to suspend or discontinue
participation in such vocational rehabilitation program as a result of
being ordered to serve on active duty under section 688, 12301(a),
12301(d), 12301(g), 12302, or 12304 of title 10.
(3) The period for which, by reason of this subsection, a
subsistence allowance and other assistance is not charged against
entitlement or counted toward the applicable aggregate period under
section 3695 of this title shall be the period of participation in the
vocational rehabilitation program for which the veteran failed to
receive credit or with respect to which the veteran lost training time,
as determined by the Secretary.
(Added Pub. L. 96-466, title I, Sec. 101(a), Oct. 17, 1980, 94 Stat.
2176, Sec. 1505; amended Pub. L. 99-576, title III, Sec. 333(b)(3), 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. 3105 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(e), Oct. 9, 1996, 110 Stat. 3324; Pub. L. 107-103,
title I, Sec. 103(c)(1), Dec. 27, 2001, 115 Stat. 979.)
Prior Provisions
Prior section 3105 was renumbered section 5305 of this title.
Amendments
2001--Subsec. (e). Pub. L. 107-103 added subsec. (e).
1996--Subsec. (c)(1). Pub. L. 104-275 substituted ``veteran's
current employment'' for ``veteran's employment''.
1991--Pub. L. 102-83, Sec. 5(a), renumbered section 1505 of this
title as this section.
Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted ``3106(c)''
for ``1506(c)''.
Subsec. (b). Pub. L. 102-83, Sec. 5(c)(1), substituted
``3104(a)(2)'' for ``1504(a)(2)''.
1989--Pub. L. 101-237 substituted ``Secretary'' for
``Administrator'' wherever appearing.
1986--Subsec. (a). Pub. L. 99-576, Sec. 333(b)(3)(A), inserted
``currently'' after ``it''.
Subsec. (b). Pub. L. 99-576, Sec. 333(b)(3)(B), inserted ``current''
after ``of the''.
Subsec. (d). Pub. L. 99-576, Sec. 333(b)(3)(C), inserted
``currently'' after ``goal''.
Effective Date of 2001 Amendment
Amendment by Pub. L. 107-103 effective Sept. 11, 2001, see section
103(e) of Pub. L. 107-103, set out as a note under section 3013 of this
title.
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.
Section Referred to in Other Sections
This section is referred to in sections 3106, 3108 of this title.
