2012 US Code
Title 38 - Veterans Benefits
Part III - READJUSTMENT AND RELATED BENEFITS (§§ 3001 - 4335)
Chapter 31 - TRAINING AND REHABILITATION FOR VETERANS WITH SERVICE-CONNECTED DISABILITIES (§§ 3100 - 3122)
Section 3104 - Scope of services and assistance
Publication Title | United States Code, 2012 Edition, Title 38 - VETERANS BENEFITS |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | 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 |
Contains | section 3104 |
Date | 2012 |
Laws in Effect as of Date | January 15, 2013 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 96-466, title I, §101(a), Oct. 17, 1980, 94 Stat. 2174, §1504; amended Pub. L. 100-323, §11(a)(3)(A), May 20, 1988, 102 Stat. 568; Pub. L. 101-237, title IV, §423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; Pub. L. 102-16, §3(b)(1), Mar. 22, 1991, 105 Stat. 49; Pub. L. 102-54, §14(c)(3), June 13, 1991, 105 Stat. 285; renumbered §3104 and <!-- PDFPage:465 -->amended Pub. L. 102-83, §5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 104-275, title I, §101(d), Oct. 9, 1996, 110 Stat. 3324. |
Statutes at Large References | 94 Stat. 2174, 2178 102 Stat. 568, 575 103 Stat. 2092 105 Stat. 49, 285, 406 110 Stat. 3324 120 Stat. 3412 |
Public Law References | Public Law 96-466, Public Law 100-323, Public Law 101-237, Public Law 102-16, Public Law 102-54, Public Law 102-83, Public Law 104-275, Public Law 109-461 |
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(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, §101(a), Oct. 17, 1980, 94 Stat. 2174, §1504; amended Pub. L. 100–323, §11(a)(3)(A), May 20, 1988, 102 Stat. 568; Pub. L. 101–237, title IV, §423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; Pub. L. 102–16, §3(b)(1), Mar. 22, 1991, 105 Stat. 49; Pub. L. 102–54, §14(c)(3), June 13, 1991, 105 Stat. 285; renumbered §3104 and amended Pub. L. 102–83, §5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 104–275, title I, §101(d), Oct. 9, 1996, 110 Stat. 3324.)
Prior ProvisionsPrior section 3104 was renumbered section 5304 of this title.
Amendments1996—Subsec. (a)(1). Pub. L. 104–275, §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, §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, §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, §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, §5(a), renumbered section 1504 of this title as this section.
Subsec. (a)(3). Pub. L. 102–83, §5(c)(1), substituted “3108” for “1508”.
Subsec. (a)(4). Pub. L. 102–83, §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, §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 AmendmentAmendment 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 AmendmentPub. L. 102–16, §3(b)(2), Mar. 22, 1991, 105 Stat. 49, 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 AmendmentPub. L. 100–323, §16, May 20, 1988, 102 Stat. 575, provided that:
“(a)
“(b)
“(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 DateSection 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.
Blind Rehabilitation Outpatient SpecialistsPub. L. 109–461, title II, §207, Dec. 22, 2006, 120 Stat. 3412, provided that:
“(a)
“(1) There are approximately 135,000 blind veterans throughout the United States, including approximately 35,000 who are enrolled with the Department of Veterans Affairs. An aging veteran population and injuries incurred in Operation Iraqi Freedom and Operation Enduring Freedom are increasing the number of blind veterans.
“(2) Since 1996, when the Department of Veterans Affairs hired its first 14 blind rehabilitation outpatient specialists (referred to in this section as ‘Specialists’), Specialists have been a critical part of the continuum of care for blind and visually impaired veterans.
“(3) The Department of Veterans Affairs operates 10 residential blind rehabilitation centers that are considered among the best in the world. These centers have had long waiting lists, with as many as 1,500 blind veterans waiting for openings in 2004.
“(4) Specialists provide—
“(A) critically needed services to veterans who are unable to attend residential centers or are waiting to enter a residential center program;
“(B) a range of services for blind veterans, including training with living skills, mobility, and adaptation of manual skills; and
“(C) pre-admission screening and follow-up care for blind rehabilitation centers.
“(5) There are not enough Specialist positions to meet the increased numbers and needs of blind veterans.
“(b)
“(c)
“(1) give priority to facilities with large numbers of enrolled legally blind veterans;
“(2) ensure that each facility does not have such a position; and
“(3) ensure that each facility is in need of the services of a Specialist.
“(d)
“(e)
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, §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.
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