38 U.S.C. § 1163 | Trial work periods and vocational rehabilitation for certain veterans with total disability ratings

(a)

(1)

January 31, 1985 The disability rating of a qualified veteran who begins to engage in a substantially gainful occupation after , 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)

section 3104(a)(2) of this title section 3104(a)(5) of this title The Secretary shall make counseling services described in and placement and postplacement services described in 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)

January 31, 1985 In the case of each award after , 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)

section 3106(a) of this title After providing the notice required under paragraph (1) of this subsection, the Secretary shall offer the veteran the opportunity for an evaluation under .

Pub. L. 98–543, title I, § 111(a)(1)Oct. 24, 198498 Stat. 2738 Pub. L. 100–687, div. B, title XIII, § 1301Nov. 18, 1988102 Stat. 4127 Pub. L. 102–83Aug. 6, 1991105 Stat. 404–406 Pub. L. 102–291, § 2(a)May 20, 1992106 Stat. 178 Pub. L. 102–568, title IV, § 401(a)Oct. 29, 1992106 Stat. 4336(Added , , , § 363; amended , , ; renumbered § 1163 and amended , §§ 4(b)(1), (2)(E), 5(a), (c)(1), , ; , , ; –(d)(1), , .)

Editorial Notes

Amendments

Pub. L. 102–568, § 401(d)(1)1992—, 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.

Pub. L. 102–568, § 401(a)(1)January 31, 1985Subsec. (a)(1). , substituted “after ,” for “during the program period”.

Pub. L. 102–568, § 401(a)(2)Subsec. (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.

February 1, 1985December 31, 1992“(B) The term ‘program period’ means the period beginning on , and ending on .”

Pub. L. 102–291December 31, 1992January 31, 1992 substituted “” for “” in subpar. (B).

Pub. L. 102–568, § 401(b)Subsec. (b). , substituted “The Secretary” for “During the program period, the Secretary”.

Pub. L. 102–568, § 401(c)January 31, 1985Subsec. (c)(1). , substituted “after , of a rating of total disability described in subsection (a)(2)” for “during the program period of a rating of total disability described in subsection (a)(2)(A)”.

Pub. L. 102–83, § 5(a)section 363 of this title1991—, renumbered as this section.

Pub. L. 102–83, § 5(c)(1)Subsec. (b). , 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”.

Pub. L. 102–83, § 5(c)(1)Subsec. (c). , 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).

Pub. L. 100–687, § 1301(a)1988—Subsec. (a)(2)(B). , substituted “1992” for “1989”.

Pub. L. 100–687, § 1301(b)(2)Subsec. (c)(1). , (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.

Pub. L. 100–687, § 1301(b)(1)Subsec. (c)(2). , (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.

Pub. L. 100–687, § 1301(b)(1)Subsec. (c)(3). , 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.

Pub. L. 100–687, § 1301(b)(1)Subsec. (c)(4). , 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.”

Statutory Notes and Related Subsidiaries

Effective Date of 1992 Amendment

Pub. L. 102–291, § 2(d)May 20, 1992106 Stat. 178

January 31, 1992“The amendments made by subsections (a) through (c) [amending this section and sections 1524 and 1525 of this title] shall take effect as of .”

, , , provided that:

Ratification of Actions of Secretary of Veterans Affairs During Lapsed Period

Pub. L. 102–291, § 2(e)May 20, 1992106 Stat. 178

February 1, 1992May 20, 1992“The following actions of the Secretary of Veterans Affairs during the period beginning on , and ending on the date of the enactment of this Act [] are hereby ratified with respect to that period:

“(1)

A failure to reduce the disability rating of a veteran who began to engage in a substantially gainful occupation during that period.

“(2)

section 1524 of title 38 The provision of a vocational training program (including related evaluations and other related services) to a veteran under , United States Code, and the making of related determinations under that section.

“(3)

section 1525 of title 38 The provision of health care and services to a veteran pursuant to , United States Code.”

, , , provided that:

Information; Temporary Program; Administrator

Pub. L. 98–543, title I, § 111(b)Oct. 24, 198498 Stat. 2739Apr. 1, 1985, , , directed Administrator of Veterans’ Affairs to provide, not later than , to certain veterans with service-connected disabilities, a statement containing information explaining subsec. (b) of this section, information explaining purposes and availability of and eligibility for, and procedures for pursuing, a vocational rehabilitation program under chapter 31 of this title, and a summary description of scope of services and assistance available under chapter 31.

Report to Congressional Committees; Trial Program

Pub. L. 98–543, title I, § 111(c)Oct. 24, 198498 Stat. 2739 Pub. L. 99–576, title VII, § 703(a)(2)Oct. 28, 1986100 Stat. 3303Apr. 15, 1988Feb. 1, 1985, , , as amended by , , , directed Administrator of Veterans’ Affairs to submit, not later than , to Committees on Veterans’ Affairs of Senate and House of Representatives a report on results of implementation of this section during the three-year period beginning on .