
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 38USC1163]

 
                      TITLE 38--VETERANS' BENEFITS
 
                        PART II--GENERAL BENEFITS
 
   CHAPTER 11--COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
 
             SUBCHAPTER VI--GENERAL COMPENSATION PROVISIONS
 
Sec. 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.

(Added Pub. L. 98-543, title I, Sec. 111(a)(1), Oct. 24, 1984, 98 Stat. 
2738, Sec. 363; amended Pub. L. 100-687, div. B, title XIII, Sec. 1301, 
Nov. 18, 1988, 102 Stat. 4127; renumbered Sec. 1163 and amended Pub. L. 
102-83, Secs. 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 
404-406; Pub. L. 102-291, Sec. 2(a), May 20, 1992, 106 Stat. 178; Pub. 
L. 102-568, title IV, Sec. 401(a)-(d)(1), Oct. 29, 1992, 106 Stat. 
4336.)


                               Amendments

    1992--Pub. L. 102-568, Sec. 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, Sec. 401(a)(1), substituted ``after 
January 31, 1985,'' for ``during the program period''.
    Subsec. (a)(2). Pub. L. 102-568, Sec. 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 
    February 1, 1985, and ending on December 31, 1992.''
    Pub. L. 102-291 substituted ``December 31, 1992'' for ``January 31, 
1992'' in subpar. (B).
    Subsec. (b). Pub. L. 102-568, Sec. 401(b), substituted ``The 
Secretary'' for ``During the program period, the Secretary''.
    Subsec. (c)(1). Pub. L. 102-568, Sec. 401(c), substituted ``after 
January 31, 1985, 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)''.
    1991--Pub. L. 102-83, Sec. 5(a), renumbered section 363 of this 
title as this section.
    Subsec. (b). Pub. L. 102-83, Sec. 5(c)(1), substituted 
``3104(a)(2)'' for ``1504(a)(2)'' and ``3104(a)(5)'' for ``1504(a)(5)''.
    Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted ``Secretary'' for 
``Administrator''.
    Subsec. (c). Pub. L. 102-83, Sec. 5(c)(1), substituted ``3106(a)'' 
for ``1506(a)'' in par. (2).
    Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted ``Secretary'' for 
``Administrator'' in pars. (1) and (2).
    1988--Subsec. (a)(2)(B). Pub. L. 100-687, Sec. 1301(a), substituted 
``1992'' for ``1989''.
    Subsec. (c)(1). Pub. L. 100-687, Sec. 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, Sec. 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, Sec. 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, Sec. 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 1992 Amendment

    Section 2(d) of Pub. L. 102-291 provided that: ``The amendments made 
by subsections (a) through (c) [amending this section and sections 1524 
and 1525 of this title] shall take effect as of January 31, 1992.''


 Ratification of Actions of Secretary of Veterans Affairs During Lapsed 
                                 Period

    Section 2(e) of Pub. L. 102-291 provided that: ``The following 
actions of the Secretary of Veterans Affairs during the period beginning 
on February 1, 1992, and ending on the date of the enactment of this Act 
[May 20, 1992] 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) The provision of a vocational training program (including 
    related evaluations and other related services) to a veteran under 
    section 1524 of title 38, United States Code, and the making of 
    related determinations under that section.
        ``(3) The provision of health care and services to a veteran 
    pursuant to section 1525 of title 38, United States Code.''


              Information; Temporary Program; Administrator

    Section 111(b) of Pub. L. 98-543 directed Administrator of Veterans' 
Affairs to provide, not later than Apr. 1, 1985, 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

    Section 111(c) of Pub. L. 98-543, as amended by Pub. L. 99-576, 
title VII, Sec. 703(a)(2), Oct. 28, 1986, 100 Stat. 3303, directed 
Administrator of Veterans' Affairs to submit, not later than Apr. 15, 
1988, 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 Feb. 1, 1985.
