United States Code (Last Updated: May 24, 2014) |
Title 38. VETERANS’ BENEFITS |
Part II. GENERAL BENEFITS |
Chapter 11. COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH |
SubChapter VI. GENERAL COMPENSATION PROVISIONS |
§ 1163. Trial work periods and vocational rehabilitation for certain veterans with total disability ratings
-
(a) (1) The disability rating of a qualified veteran who begins to engage in a substantially gainful occupation after January 31, 1985 , may not be reduced on the basis of the veteran having secured and followed a substantially gainful occupation unless the veteran maintains such an occupation for a period of 12 consecutive months.(2) For purposes of this section, the term “qualified veteran” means a veteran who has a service-connected disability, or service-connected disabilities, not rated as total but who has been awarded a rating of total disability by reason of inability to secure or follow a substantially gainful occupation as a result of such disability or disabilities. (b) The Secretary shall make counseling services described in section 3104(a)(2) of this title and placement and postplacement services described in section 3104(a)(5) of this title available to each qualified veteran (whether or not the veteran is participating in a vocational rehabilitation program under chapter 31 of this title). (c) (1) In the case of each award after January 31, 1985 , of a rating of total disability described in subsection (a)(2) of this section to a veteran, the Secretary shall provide to the veteran, at the time that notice of the award is provided to the veteran, a statement providing—(A) notice of the provisions of this section; (B) information explaining the purposes and availability of and eligibility for, and the procedures for pursuing, a vocational rehabilitation program under chapter 31 of this title; and (C) a summary description of the scope of services and assistance available under that chapter. (2) After providing the notice required under paragraph (1) of this subsection, the Secretary shall offer the veteran the opportunity for an evaluation under section 3106(a) of this title.
Amendments
1992—Pub. L. 102–568, § 401(d)(1), substituted “Trial work periods and vocational rehabilitation for certain veterans with total disability ratings” for “Temporary program for trial work periods and vocational rehabilitation for certain veterans with total disability ratings” as section catchline.
Subsec. (a)(1). Pub. L. 102–568, § 401(a)(1), substituted “after
Subsec. (a)(2). Pub. L. 102–568, § 401(a)(2), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “For purposes of this section:
“(A) The term ‘qualified veteran’ means a veteran who has a service-connected disability, or service-connected disabilities, not rated as total but who has been awarded a rating of total disability by reason of inability to secure or follow a substantially gainful occupation as a result of such disability or disabilities.
“(B) The term ‘program period’ means the period beginning on
Pub. L. 102–291 substituted “
Subsec. (b). Pub. L. 102–568, § 401(b), substituted “The Secretary” for “During the program period, the Secretary”.
Subsec. (c)(1). Pub. L. 102–568, § 401(c), substituted “after
1991—Pub. L. 102–83, § 5(a), renumbered section 363 of this title as this section.
Subsec. (b). Pub. L. 102–83, § 5(c)(1), substituted “3104(a)(2)” for “1504(a)(2)” and “3104(a)(5)” for “1504(a)(5)”.
Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.
Subsec. (c). Pub. L. 102–83, § 5(c)(1), substituted “3106(a)” for “1506(a)” in par. (2).
Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in pars. (1) and (2).
1988—Subsec. (a)(2)(B). Pub. L. 100–687, § 1301(a), substituted “1992” for “1989”.
Subsec. (c)(1). Pub. L. 100–687, § 1301(b)(2), (3), substituted “(1) In” for “(1)(A) Except as provided in paragraph (4) of this subsection, in”, redesignated cls. (i), (ii), and (iii) as subpars. (A), (B), and (C), respectively, and struck out former subpar. (B) which required that, after providing notice, Administrator arrange promptly for evaluation to determine whether achievement of vocational goal by veteran is feasible.
Subsec. (c)(2). Pub. L. 100–687, § 1301(b)(1), (3)(B), added par. (2) and struck out former par. (2) which related to failure of veteran to participate in evaluation, and reduction of disability rating.
Subsec. (c)(3). Pub. L. 100–687, § 1301(b)(1), struck out par. (3) which related to individualized written plan of vocational rehabilitation after completion of evaluation, and failure to pursue program of vocational rehabilitation described in such plan.
Subsec. (c)(4). Pub. L. 100–687, § 1301(b)(1), struck out par. (4) which read as follows: “This subsection does not apply with respect to a veteran as to whom the Administrator determines that an evaluation of vocational rehabilitation potential or achievement of a vocational goal is not reasonably feasible.”
Effective Date Of Amendment
Pub. L. 102–291, § 2(d),
Miscellaneous
Pub. L. 102–291, § 2(e),
Pub. L. 98–543, title I, § 111(b),
Pub. L. 98–543, title I, § 111(c),