
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document affected by Public Law 107-103 Section 103(c)(1)]
[CITE: 38USC3105]

 
                      TITLE 38--VETERANS' BENEFITS
 
               PART III--READJUSTMENT AND RELATED BENEFITS
 
   CHAPTER 31--TRAINING AND REHABILITATION FOR VETERANS WITH SERVICE-
                         CONNECTED DISABILITIES
 
Sec. 3105. Duration of rehabilitation programs

    (a) In any case in which the Secretary is unable to determine 
whether it currently is reasonably feasible for a veteran to achieve a 
vocational goal, the period of extended evaluation under section 3106(c) 
of this title may not exceed twelve months, except that such period may 
be extended for additional periods of up to six months each if the 
Secretary determines before granting any such extension that it is 
reasonably likely that, during the period of any such extension, a 
determination can be made whether the achievement of a vocational goal 
is reasonably feasible in the case of such veteran.
    (b) Except as provided in subsection (c) of this section, the period 
of a vocational rehabilitation program for a veteran under this chapter 
following a determination of the current reasonable feasibility of 
achieving a vocational goal may not exceed forty-eight months, except 
that the counseling and placement and postplacement services described 
in section 3104(a)(2) and (5) of this title may be provided for an 
additional period not to exceed eighteen months in any case in which the 
Secretary determines the provision of such counseling and services to be 
necessary to accomplish the purposes of a rehabilitation program in the 
individual case.
    (c) The Secretary may extend the period of a vocational 
rehabilitation program for a veteran to the extent that the Secretary 
determines that an extension of such period is necessary to enable such 
veteran to achieve a vocational goal if the Secretary also determines--
        (1) that such veteran had previously been rehabilitated to the 
    point of employability but (A) such veteran's need for further 
    vocational rehabilitation has arisen out of a worsening of such 
    veteran's service-connected disability that precludes such veteran 
    from performing the duties of the occupation for which such veteran 
    had been so rehabilitated, or (B) the occupation for which such 
    veteran had been so rehabilitated is not suitable in view of such 
    veteran's current employment handicap and capabilities; or
        (2) under regulations which the Secretary shall prescribe, that 
    such veteran has a serious employment handicap and that an extension 
    of such period is necessary to accomplish the purposes of a 
    rehabilitation program for such veteran.

    (d) Unless the Secretary determines that a longer period is 
necessary and likely to result in a substantial increase in a veteran's 
level of independence in daily living, the period of a program of 
independent living services and assistance for a veteran under this 
chapter (following a determination by the Secretary that such veteran's 
disability or disabilities are so severe that the achievement of a 
vocational goal currently is not reasonably feasible) may not exceed 
twenty-four months.

(Added Pub. L. 96-466, title I, Sec. 101(a), Oct. 17, 1980, 94 Stat. 
2176, Sec. 1505; amended Pub. L. 99-576, title III, Sec. 333(b)(3), Oct. 
28, 1986, 100 Stat. 3279; Pub. L. 101-237, title IV, Sec. 423(b)(1)(A), 
Dec. 18, 1989, 103 Stat. 2092; renumbered Sec. 3105 and amended Pub. L. 
102-83, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 104-275, 
title I, Sec. 101(e), Oct. 9, 1996, 110 Stat. 3324.)


                            Prior Provisions

    Prior section 3105 was renumbered section 5305 of this title.


                               Amendments

    1996--Subsec. (c)(1). Pub. L. 104-275 substituted ``veteran's 
current employment'' for ``veteran's employment''.
    1991--Pub. L. 102-83, Sec. 5(a), renumbered section 1505 of this 
title as this section.
    Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted ``3106(c)'' 
for ``1506(c)''.
    Subsec. (b). Pub. L. 102-83, Sec. 5(c)(1), substituted 
``3104(a)(2)'' for ``1504(a)(2)''.
    1989--Pub. L. 101-237 substituted ``Secretary'' for 
``Administrator'' wherever appearing.
    1986--Subsec. (a). Pub. L. 99-576, Sec. 333(b)(3)(A), inserted 
``currently'' after ``it''.
    Subsec. (b). Pub. L. 99-576, Sec. 333(b)(3)(B), inserted ``current'' 
after ``of the''.
    Subsec. (d). Pub. L. 99-576, Sec. 333(b)(3)(C), inserted 
``currently'' after ``goal''.


                             Effective Date

    Section 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 3106, 3108 of this title.
