§ 3106. — Initial and extended evaluations; determinations regarding serious employment handicap.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 38USC3106]
TITLE 38--VETERANS' BENEFITS
PART III--READJUSTMENT AND RELATED BENEFITS
CHAPTER 31--TRAINING AND REHABILITATION FOR VETERANS WITH SERVICE-
CONNECTED DISABILITIES
Sec. 3106. Initial and extended evaluations; determinations
regarding serious employment handicap
(a) The Secretary shall provide any veteran who has a service-
connected disability rated at 10 percent or more and who applies for
benefits under this chapter with an initial evaluation consisting of
such services described in section 3104(a)(1) of this title as are
necessary (1) to determine whether such veteran is entitled to and
eligible for benefits under this chapter, and (2) in the case of a
veteran who is determined to be entitled to and eligible for such
benefits, to determine--
(A) whether such veteran has a serious employment handicap, and
(B) whether the achievement of a vocational goal currently is
reasonably feasible for such veteran if it is reasonably feasible to
make such determination without extended evaluation.
(b) In any case in which the Secretary has determined that a veteran
has a serious employment handicap and that the achievement of a
vocational goal currently is reasonably feasible for such veteran, such
veteran shall be provided an individualized written plan of vocational
rehabilitation developed under section 3107(a) of this title.
(c) In any case in which the Secretary has determined that a veteran
has a serious employment handicap but the Secretary is unable to
determine, in an initial evaluation pursuant to subsection (a) of this
section, whether or not the achievement of a vocational goal currently
is reasonably feasible, such veteran shall be provided with an extended
evaluation consisting of the services described in section 3104(a)(1) of
this title, such services under this chapter as the Secretary determines
necessary to improve such veteran's potential for participation in a
program of services designed to achieve a vocational goal and enable
such veteran to achieve maximum independence in daily living, and
assistance as authorized by section 3108 of this title.
(d) In any case in which the Secretary has determined that a veteran
has a serious employment handicap and also determines, following such
initial and any such extended evaluation, that achievement of a
vocational goal currently is not reasonably feasible, the Secretary
shall determine whether the veteran is capable of participating in a
program of independent living services and assistance under section 3120
of this title.
(e) The Secretary shall in all cases determine as expeditiously as
possible whether the achievement of a vocational goal by a veteran
currently is reasonably feasible. In the case of a veteran provided
extended evaluation under subsection (c) of this section (including any
periods of extensions under section 3105(a) of this title), the
Secretary shall make such determination not later than the end of such
extended evaluation or period of extension, as the case may be. In
determining whether the achievement of a vocational goal currently is
reasonably feasible, the Secretary shall resolve any reasonable doubt in
favor of determining that such achievement currently is reasonably
feasible.
(f) In connection with each period of extended evaluation of a
veteran and each rehabilitation program for a veteran who is determined
to have a serious employment handicap, the Secretary shall assign a
Department of Veterans Affairs employee to be responsible for the
management and followup of the provision of all services (including
appropriate coordination of employment assistance under section 3117 of
this title) and assistance under this chapter to such veteran.
(Added Pub. L. 96-466, title I, Sec. 101(a), Oct. 17, 1980, 94 Stat.
2176, Sec. 1506; amended Pub. L. 99-576, title III, Sec. 333(b)(4), Oct.
28, 1986, 100 Stat. 3279; Pub. L. 101-237, title IV, Sec. 423(b)(1),
Dec. 18, 1989, 103 Stat. 2092; renumbered Sec. 3106 and amended Pub. L.
102-83, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 103-446,
title XII, Sec. 1201(d)(9), Nov. 2, 1994, 108 Stat. 4684; Pub. L. 104-
275, title I, Sec. 101(f)(1), Oct. 9, 1996, 110 Stat. 3324.)
Prior Provisions
Prior section 3106 was renumbered section 5306 of this title.
Amendments
1996--Subsec. (a). Pub. L. 104-275, Sec. 101(f)(1)(A), substituted
``rated at 10 percent or more'' for ``described in clause (i) or (ii) of
section 3102(1)(A) of this title''.
Subsec. (b). Pub. L. 104-275, Sec. 101(f)(1)(B), struck out
``counseling in accordance with'' before ``an individualized written
plan''.
Subsec. (c). Pub. L. 104-275, Sec. 101(f)(1)(C), substituted ``with
an extended'' for ``with extended''.
Subsecs. (d) to (f). Pub. L. 104-275, Sec. 101(f)(1)(D), added
subsec. (d) and redesignated former subsecs. (d) and (e) as (e) and (f),
respectively.
1994--Subsec. (a). Pub. L. 103-446 substituted ``clause (i) or (ii)
of section 3102(1)(A)'' for ``section 3102(1)(A) or (B)''.
1991--Pub. L. 102-83, Sec. 5(a), renumbered section 1506 of this
title as this section.
Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted
``3102(1)(A)'' for ``1502(1)(A)'' and ``3104(a)(1)'' for ``1504(a)(1)''
in introductory provisions.
Subsec. (b). Pub. L. 102-83, Sec. 5(c)(1), substituted ``3107(a)''
for ``1507(a)''.
Subsec. (c). Pub. L. 102-83, Sec. 5(c)(1), substituted
``3104(a)(1)'' for ``1504(a)(1)'' and ``3108'' for ``1508''.
Subsec. (d). Pub. L. 102-83, Sec. 5(c)(1), substituted ``3105(a)''
for ``1505(a)''.
Subsec. (e). Pub. L. 102-83, Sec. 5(c)(1), substituted ``3117'' for
``1517''.
1989--Pub. L. 101-237 substituted ``Secretary'' and ``Department of
Veterans Affairs'' for ``Administrator'' and ``Veterans'
Administration'', respectively, wherever appearing.
1986--Subsecs. (a)(2)(B), (b) to (d). Pub. L. 99-576 substituted
``currently is reasonably feasible'' for ``is reasonably feasible''
wherever appearing.
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 1163, 3105, 3107, 3108,
3109, 3118, 3120, 4211 of this title.
