
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 38USC1524]

 
                      TITLE 38--VETERANS' BENEFITS
 
                        PART II--GENERAL BENEFITS
 
CHAPTER 15--PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH OR FOR 
                                 SERVICE
 
                    SUBCHAPTER II--VETERANS' PENSIONS
 
                Non-Service-Connected Disability Pension
 
Sec. 1524. Vocational training for certain pension recipients

    (a)(1) In the case of a veteran under age 45 who is awarded a 
pension during the program period, the Secretary shall, based on 
information on file with the Department of Veterans Affairs, make a 
preliminary finding whether such veteran, with the assistance of a 
vocational training program under this section, has a good potential for 
achieving employment. If such potential is found to exist, the Secretary 
shall solicit from the veteran an application for vocational training 
under this section. If the veteran thereafter applies for such training, 
the Secretary shall provide the veteran with an evaluation, which may 
include a personal interview, to determine whether the achievement of a 
vocational goal is reasonably feasible.
    (2) If a veteran who is 45 years of age or older and is awarded 
pension during the program period, or a veteran who was awarded pension 
before the beginning of the program period, applies for vocational 
training under this section and the Secretary makes a preliminary 
finding on the basis of information in the application that, with the 
assistance of a vocational training program under subsection (b) of this 
section, the veteran has a good potential for achieving employment, the 
Secretary shall provide the veteran with an evaluation in order to 
determine whether the achievement of a vocational goal by the veteran is 
reasonably feasible. Any such evaluation shall include a personal 
interview by a Department employee trained in vocational counseling.
    (3) For the purposes of this section, the term ``program period'' 
means the period beginning on February 1, 1985, and ending on December 
31, 1995.
    (b)(1) If the Secretary, based upon an evaluation under subsection 
(a) of this section, determines that the achievement of a vocational 
goal by a veteran is reasonably feasible, the veteran shall be offered 
and may elect to pursue a vocational training program under this 
subsection. If the veteran elects to pursue such a program, the program 
shall be designed in consultation with the veteran in order to meet the 
veteran's individual needs and shall be set forth in an individualized 
written plan of vocational rehabilitation of the kind described in 
section 3107 of this title.
    (2)(A) Subject to subparagraph (B) of this paragraph, a vocational 
training program under this subsection shall consist of vocationally 
oriented services and assistance of the kind provided under chapter 31 
of this title and such other services and assistance of the kind 
provided under that chapter as are necessary to enable the veteran to 
prepare for and participate in vocational training or employment.
    (B) A vocational training program under this subsection--
        (i) may not exceed 24 months unless, based on a determination by 
    the Secretary that an extension is necessary in order for the 
    veteran to achieve a vocational goal identified (before the end of 
    the first 24 months of such program) in the written plan formulated 
    for the veteran, the Secretary grants an extension for a period not 
    to exceed 24 months;
        (ii) may not include the provision of any loan or subsistence 
    allowance or any automobile adaptive equipment of the kind provided 
    under chapter 39 of this title; and
        (iii) may include a program of education at an institution of 
    higher learning (as defined in sections 3452(b) and 3452(f), 
    respectively, of this title) only in a case in which the Secretary 
    determines that the program involved is predominantly vocational in 
    content.

    (3) When a veteran completes a vocational training program under 
this subsection, the Secretary may provide the veteran with counseling 
of the kind described in section 3104(a)(2) of this title, placement and 
postplacement services of the kind described in section 3104(a)(5) of 
this title, and training of the kind described in section 3104(a)(6) of 
this title during a period not to exceed 18 months beginning on the date 
of such completion.
    (4) A veteran may not begin pursuit of a vocational training program 
under this subsection after the later of (A) December 31, 1995, or (B) 
the end of a reasonable period of time, as determined by the Secretary, 
following either the evaluation of the veteran under subsection (a) of 
this section or the award of pension to the veteran as described in 
subsection (a)(2) of this section. Any determination by the Secretary of 
such a reasonable period of time shall be made pursuant to regulations 
which the Secretary shall prescribe.
    (c) In the case of a veteran who has been determined to have a 
permanent and total non-service-connected disability and who, not later 
than one year after the date the veteran's eligibility for counseling 
under subsection (b)(3) of this section expires, secures employment 
within the scope of a vocational goal identified in the veteran's 
individualized written plan of vocational rehabilitation (or in a 
related field which requires reasonably developed skills and the use of 
some or all of the training or services furnished the veteran under such 
plan), the evaluation of the veteran as having a permanent and total 
disability may not be terminated by reason of the veteran's capacity to 
engage in such employment until the veteran first maintains such 
employment for a period of not less than 12 consecutive months.
    (d) A veteran who pursues a vocational training program under 
subsection (b) of this section shall have the benefit of the provisions 
of subsection (a) of section 1525 of this title beginning at such time 
as the veteran's entitlement to pension is terminated by reason of 
income from work or training (as defined in subsection (b)(1) of that 
section) without regard to the date on which the veteran's entitlement 
to pension is terminated.
    (e) Payments by the Secretary for education, training, and other 
services and assistance under subsection (b) of this section (other than 
the services of Department employees) shall be made from the Department 
appropriations account from which payments for pension are made.

(Added Pub. L. 98-543, title III, Sec. 301(a)(1), Oct. 24, 1984, 98 
Stat. 2744, Sec. 524; amended Pub. L. 99-576, title VII, Sec. 703(b)(1), 
Oct. 28, 1986, 100 Stat. 3303; Pub. L. 100-227, title II, Sec. 202, Dec. 
31, 1987, 101 Stat. 1555; Pub. L. 100-687, div. B, title XIII, 
Sec. 1303(a), (b), Nov. 18, 1988, 102 Stat. 4128; Pub. L. 101-237, title 
I, Sec. 114, Dec. 18, 1989, 103 Stat. 2065; renumbered Sec. 1524 and 
amended Pub. L. 102-83, Secs. 4(a)(3), (4), (b)(1), (2)(E), 5(a), 
(c)(1), Aug. 6, 1991, 105 Stat. 404-406; Pub. L. 102-291, Sec. 2(b), May 
20, 1992, 106 Stat. 178; Pub. L. 102-568, title IV, Sec. 402(a)-
(c)(2)(A), Oct. 29, 1992, 106 Stat. 4337; Pub. L. 103-446, title XII, 
Sec. 1201(g)(2), Nov. 2, 1994, 108 Stat. 4687.)


                               Amendments

    1994--Subsec. (a)(2). Pub. L. 103-446 substituted ``If'' for 
``Subject to paragraph (3) of this subsection, if''.
    1992--Pub. L. 102-568, Sec. 402(c)(2)(A), substituted ``Vocational 
training for certain pension recipients'' for ``Temporary program of 
vocational training for certain new pension recipients'' as section 
catchline.
    Subsec. (a)(1). Pub. L. 102-568, Sec. 402(a), amended par. (1) 
generally. Prior to amendment, par. (1) read as follows: ``Subject to 
paragraph (3) of this subsection, in the case of a veteran under the age 
of 45 who is awarded pension during the program period, the Secretary 
shall determine whether the achievement of a vocational goal by the 
veteran is reasonably feasible. Any such determination shall be made 
only after evaluation of the veteran's potential for rehabilitation, and 
any such evaluation shall include a personal interview of the veteran by 
a Department employee who is trained in vocational counseling. If the 
veteran fails, for reasons other than those beyond the veteran's 
control, to participate in the evaluation in the manner required by the 
Secretary in order to make such determination, the Secretary shall 
suspend the veteran's pension for the duration of such failure.''
    Subsec. (a)(3). Pub. L. 102-568, Sec. 402(b), redesignated par. (4) 
as (3), substituted ``December 31, 1995'' for ``December 31, 1992'', and 
struck out former par. (3) which read as follows: ``Not more than 3,500 
veterans may be given evaluations under this subsection during any 12-
month period beginning on February 1 of a year.''
    Subsec. (a)(4). Pub. L. 102-568, Sec. 402(b)(2), redesignated par. 
(4) as (3).
    Pub. L. 102-291 substituted ``December 31, 1992'' for ``January 31, 
1992''.
    Subsec. (b)(4). Pub. L. 102-568, Sec. 402(c)(1), substituted 
``December 31, 1995'' for ``January 31, 1992''.
    1991--Pub. L. 102-83, Sec. 5(a), renumbered section 524 of this 
title as this section.
    Subsec. (a). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted 
``Secretary'' for ``Administrator'' wherever appearing in pars. (1) and 
(2).
    Pub. L. 102-83, Sec. 4(a)(3), (4), substituted ``Department'' for 
``Veterans' Administration'' in pars. (1) and (2).
    Subsec. (b)(1). Pub. L. 102-83, Sec. 5(c)(1), substituted ``3107'' 
for ``1507''.
    Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted ``Secretary'' for 
``Administrator''.
    Subsec. (b)(2)(B)(i). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), 
substituted ``Secretary'' for ``Administrator'' in two places.
    Subsec. (b)(2)(B)(iii). Pub. L. 102-83, Sec. 5(c)(1), substituted 
``3452(b) and 3452(f)'' for ``1652(b) and 1652(f)''.
    Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted ``Secretary'' for 
``Administrator''.
    Subsec. (b)(3). Pub. L. 102-83, Sec. 5(c)(1), substituted 
``3104(a)(2)'' for ``1504(a)(2)'', ``3104(a)(5)'' for ``1504(a)(5)'', 
and ``3104(a)(6)'' for ``1504(a)(6)''.
    Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted ``Secretary'' for 
``Administrator''.
    Subsec. (b)(4). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted 
``Secretary'' for ``Administrator'' wherever appearing.
    Subsec. (d). Pub. L. 102-83, Sec. 5(c)(1), substituted ``1525'' for 
``525''.
    Subsec. (e). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted 
``Secretary'' for ``Administrator''.
    Pub. L. 102-83, Sec. 4(a)(3), (4), substituted ``Department'' for 
``Veterans' Administration'' in two places.
    1989--Subsec. (a)(1), (2). Pub. L. 101-237, Sec. 114(a), substituted 
``45'' for ``50''.
    Subsecs. (c) to (e). Pub. L. 101-237, Sec. 114(b), added subsec. (c) 
and redesignated former subsecs. (c) and (d) as (d) and (e), 
respectively.
    1988--Subsec. (a)(2). Pub. L. 100-687, Sec. 1303(a), substituted 
``is awarded pension during the program period, or a veteran who was 
awarded pension before the beginning of the program period,'' for ``who 
is awarded pension during the program period''.
    Subsecs. (a)(4), (b)(4)(A). Pub. L. 100-687, Sec. 1303(b), 
substituted ``1992'' for ``1989''.
    1987--Subsec. (a)(3). Pub. L. 100-227 substituted ``3,500'' for 
``2,500''.
    1986--Subsec. (a)(2). Pub. L. 99-576, Sec. 703(b)(1)(A), substituted 
``subsection (b) of this section'' for ``subsection (d) of this 
section''.
    Subsec. (b)(4). Pub. L. 99-576, Sec. 703(b)(1)(B), substituted 
``subsection (a) of this section'' for ``subsection (a)(1) of this 
section''.
    Subsec. (c). Pub. L. 99-576, Sec. 703(b)(1)(C), substituted ``A 
veteran'' for ``Notwithstanding subsection (c) of section 525 of this 
title, a veteran'' and ``defined in subsection (b)(1) of that section'' 
for ``defined in subsection (b) of that section'', and inserted 
``without regard to the date on which the veteran's entitlement to 
pension is terminated.''


                    Effective Date of 1992 Amendment

    Amendment by Pub. L. 102-291 effective Jan. 31, 1992, see section 
2(d) of Pub. L. 102-291, set out as a note under section 1163 of this 
title.


                    Effective Date of 1986 Amendment

    Amendment by Pub. L. 99-576 effective as if included in Pub. L. 98-
543, see section 703(c) of Pub. L. 99-576, set out as a note under 
section 1313 of this title.


 Ratification of Actions of Secretary of Veterans Affairs During Lapsed 
                                 Period

    Provision of a vocational training program to a veteran under this 
section and the making of related determinations under this section 
ratified with respect to period beginning Feb. 1, 1992, and ending May 
20, 1992, see section 2(e) of Pub. L. 102-291, set out as a note under 
section 1163 of this title.


Report to Congressional Committees; New Pension Recipients; Health-Care 
                               Eligibility

    Section 301(b) of Pub. L. 98-543 directed Administrator of Veterans' 
Affairs to submit to Committees on Veterans' Affairs of Senate and House 
of Representatives not later than Apr. 15, 1988, a report on results of 
implementation of this section and section 525 [now 1525] of this title 
during period beginning on Feb. 1, 1985, and ending on Jan. 31, 1988.

                  Section Referred to in Other Sections

    This section is referred to in section 3697 of this title.
