§ 3107. — Individualized vocational rehabilitation plan.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 38USC3107]
TITLE 38--VETERANS' BENEFITS
PART III--READJUSTMENT AND RELATED BENEFITS
CHAPTER 31--TRAINING AND REHABILITATION FOR VETERANS WITH SERVICE-
CONNECTED DISABILITIES
Sec. 3107. Individualized vocational rehabilitation plan
(a) The Secretary shall formulate an individualized written plan of
vocational rehabilitation for a veteran described in section 3106(b) of
this title. Such plan shall be developed with such veteran and shall
include, but not be limited to (1) a statement of long-range
rehabilitation goals for such veteran and intermediate rehabilitation
objectives related to achieving such goals, (2) a statement of the
specific services (which shall include counseling in all cases) and
assistance to be provided under this chapter, (3) the projected date for
the initiation and the anticipated duration of each such service, and
(4) objective criteria and an evaluation procedure and schedule for
determining whether such objectives and goals are being achieved.
(b) The Secretary shall review at least annually the plan formulated
under subsection (a) of this section for a veteran and shall afford such
veteran the opportunity to participate in each such review. On the basis
of such review, the Secretary shall (1) redevelop such plan with such
veteran if the Secretary determines, under regulations which the
Secretary shall prescribe, that redevelopment of such plan is
appropriate, or (2) disapprove redevelopment of such plan if the
Secretary determines, under such regulations, that redevelopment of such
plan is not appropriate.
(c)(1) Each veteran for whom a plan has been developed or
redeveloped under subsection (a) or (b)(1), respectively, of this
section or in whose case redevelopment of a plan has been disapproved
under subsection (b)(2) of this section, shall be informed of such
veteran's opportunity for a review as provided in paragraph (2) of this
subsection.
(2) In any case in which a veteran does not agree to such plan as
proposed, to such plan as redeveloped, or to the disapproval of
redevelopment of such plan, such veteran may submit to the person
described in section 3106(f) of this title a written statement
containing such veteran's objections and request a review of such plan
as proposed or redeveloped, or a review of the disapproval of
redevelopment of such plan, as the case may be.
(3) The Secretary shall review the statement submitted under
paragraph (2) of this subsection and the plan as proposed or as
redeveloped, and, if applicable, the disapproval of redevelopment of the
plan, and render a decision on such review not later than ninety days
after the date on which such veteran submits such statement, unless the
case is one for which a longer period for review, not to exceed 150 days
after such veteran submits such statement, is allowed under regulations
prescribed by the Secretary, in which case the Secretary shall render a
decision no later than the last day of the period prescribed in such
regulations.
(Added Pub. L. 96-466, title I, Sec. 101(a), Oct. 17, 1980, 94 Stat.
2177, Sec. 1507; amended Pub. L. 101-237, title IV, Sec. 423(b)(1)(A),
Dec. 18, 1989, 103 Stat. 2092; renumbered Sec. 3107 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(f)(2)(A), Oct. 9, 1996, 110 Stat. 3325.)
Prior Provisions
Prior section 3107 was renumbered section 5307 of this title.
Amendments
1996--Subsec. (c)(2). Pub. L. 104-275 substituted ``3106(f)'' for
``3106(e)''.
1991--Pub. L. 102-83, Sec. 5(a), renumbered section 1507 of this
title as this section.
Subsecs. (a), (c)(2). Pub. L. 102-83, Sec. 5(c)(1), substituted
``3106(b)'' for ``1506(b)'' in subsec. (a) and ``3106(e)'' for
``1506(e)'' in subsec. (c)(2).
1989--Subsecs. (a), (b), (c)(3). Pub. L. 101-237 substituted
``Secretary'' for ``Administrator'' 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.
Individualized Written Plans and Extensions of Eligibility and
Vocational Rehabilitation Program Periods for Veterans in Programs on
March 31, 1981
Section 101(d) of Pub. L. 96-466 provided that with respect to
veterans participating in a program of vocational rehabilitation under
this chapter on Mar. 31, 1981, individualized written plans of
vocational rehabilitation were to be formulated under this section as
determined by Administrator, and authorized extensions of periods of
vocational rehabilitation without regard to certain requirements for
determinations of serious employment handicaps.
Veterans Pursuing Program of Vocational Rehabilitation Under Former
Section 1507 of This Title
During the period beginning on Oct. 1, 1980, and ending on Mar. 31,
1981, the provisions of section 3112 [formerly 1512] of this title, as
added by Pub. L. 96-466, title I, Sec. 101(a), Oct. 17, 1980, 94 Stat.
2181, shall apply to veterans pursuing a program of vocational
rehabilitation training under this chapter in the same manner as former
section 1507 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 1524, 3106, 3120 of this
title.
