to the laws requiring advertisement for proposals for supplies and services for the Veterans' Administration. 904. Claims for reimbursement 1 Applications for payments under section 902 of this title must be filed within two years after the burial of the veteran. If the burial allowance was not payable at the death of the veteran because of the nature of his discharge from the service, but after his death his discharge has been corrected by competent authority so as to reflect a discharge from the service under conditions other than dishonorable, then the burial allowance may be paid if a claim is filed within two years from whichever last occurs, the date of correction of the discharge or the date of enactment of this sentence. If a claimant's application is incomplete at the time it is originally submitted, the Administrator shall notify the applicant of the evidence necessary to complete the application. If such evidence is not received within one year from the date of such notification, no allowance may be paid. § 905. Persons eligible under prior law The death of any person who had a status which would, under the laws in effect on December 31, 1957, afford entitlement to the burial benefits and other benefits provided for in this chapter, but who did not meet the service requirements contained in this chapter, shall afford entitlement to such benefits, notwithstanding the failure of such person to meet such service requirements. PART III-READJUSTMENT AND RELATED BENEFITS CHAPTER 31. Vocational Rehabilitation___ 34. Veterans Educational Assistance. 35. War Orphans' Educational Assistance_. 36. Administration of Educational Benefits 37. Home, Farm, and Business Loans___ 39. Automobiles for Disabled Veterans__ 41. Job Counseling and Employment Placement Service for Veterans__. Sec. CHAPTER 31-VOCATIONAL REHABILITATION 2 1501. Definitions. 1502. Basic entitlement. 1503. Periods of eligibility. 1504. Subsistence allowances. 1505. Leaves of absence. 1506. Medical care of trainees. 1507. Loans to trainees. 1508. Regulations to promote good conduct. 1509. Books, supplies, and equipment. 1510. Vocational rehabilitation for hospitalized persons. 1511. Training and training facilities. § 1501. Definitions For the purposes of this chapter Sec. 1501 1650 1701 1770 1801 1901 2001 (1) The term "World War II" means the period beginning on September 16, 1940, and ending on July 25, 1947. 1 Section amended by Public Law 88-3. 2 Sec. 1(c), Public Law 89-137, provides: "(c) Any veteran-trainee receiving subsistence allowance on the date of the enactment of this Act while pursuing a course of vocational rehabilitation authorized by chapter 31 of title 38, United States Code, shall not have such allowance reduced by reason of the amendments contained in such Act." (2) The term "vocational rehabilitation" means training (including educational and vocational counseling and other necessary incidental services) for the purpose of restoring employability, to the extent consistent with the degree of disablement, lost by virtue of a handicap due to service-connected disability. § 1502. Basic entitlement 1 2 (a) Every veteran who is in need of vocational rehabilitation on account of a service-connected disability which is, or but for the receipt of retirement pay would be, compensable under chapter 11 of this title shall be furnished such vocational rehabilitation as may be prescribed by the Administrator, if such disability (1) arose out of service during World War II or the Korean conflict; or (2) arose out of service after World War II, and before the Korean conflict, or after the Korean conflict, and is rated for compensation purposes as 30 per centum or more, or if less than 30 per centum is clearly shown to have caused a pronounced employment handicap. (b) Unless a longer period is prescribed by the Administrator, no course of vocational rehabilitation may exceed four years. (c) Vocational rehabilitation may not be afforded outside of a State to a veteran on account of post-World War II service if the veteran, at the time of such service, was not a citizen of the United States.1 § 1503. Periods of eligibility 3 (a) Unless a longer period of eligibility is authorized pursuant to subsection (b) or (c) of this section, vocational rehabilitation may not be afforded to a veteran after nine years following his discharge or release; except vocational rehabilitation may be afforded to any person until (1) August 20, 1963, if such person was discharged or released before August 20, 1954, or (2) October 15, 1971, if such person is eligible for vocational rehabilitation by reason of a disability arising from service before October 15, 1962, but either after World War II, and before the Korean conflict, or after the Korean conflict. (b) Where a veteran is prevented from entering, or having entered, from completing vocational rehabilitation training within the period of eligibility described in subsection (a) of this section because (1) he had not timely attained, retained, or regained medical feasibility for training because of disability; (2) he had not timely met the requirement of a discharge or release under conditions other than dishonorable, but the nature of such discharge or release was later changed by appropriate authority; or (3) he had not timely established the existence of a compensable service-connected disability, 1 Section amended by sec. 7, Public Law 87-815 and sec. 2, Public Law 89-138. 2 Sec. 3. Public Law 89-138, provides: "Sec. 3. Any veteran entitled to vocational rehabilitation training under chapter 31 of title 38, United States Code, until July 25. 1965, pursuant to section 1502(c) (2) of such title, prior to the amendment made by this Act, shall continue to have the right to receive such training until such date, notwithstanding the amendments made by sections 1 and 2 hereof." 3 Section added by sec. 1, Public Law 89-138. . Voc. rehab. education 81501 such training may be afforded him during a period not to exceed four years beyond the period of eligibility otherwise applicable to him. (c) A veteran who is found to be in need of vocational rehabilitation to overcome the handicap of blindness, or other serious disability, resulting from a service-connected disability which affords basic eligibility for vocational rehabilitation under section 1502 of this title may be afforded such vocational rehabilitation after the termination date otherwise applicable to him, but not beyond ten years after such termination date, or June 30, 1975, whichever date is the later, if (1) he had not previously been rehabilitated (that is, rendered employable) as the result of training furnished under this chapter, or (2) such serious disability (whether blindness or otherwise) has developed from, or as a result of, the worsening of his serviceconnected disability since he was declared rehabilitated to the extent that it precludes his performing the duties of the occupation for which he was previously trained under this chapter. § 1504. Subsistence allowances 1 (a) While pursuing a course of vocational rehabilitation training and for two months after his employability is determined, each veteran shall be paid a subsistence allowance as prescribed in this section. (b) The subsistence allowance of a veteran-trainee is to be determined in accordance with the following table, and shall be the monthly amount shown in column II, III, or IV (whichever is applicable as determined by the veteran's dependency status) opposite the appropriate type of training as specified in column I: Where any trainee has more than two dependents and is not eligible to receive additional compensation as provided by section 315 or section. 335 (whichever is applicable) of this title, the subsistence allowance prescribed in column IV of the foregoing table shall be increased by an additional $5 per month for each dependent in excess of two. (c) Where the course of vocational rehabilitation training consists of training on the job by an employer, such employer shall be required to submit monthly to the Administrator a statement in writing showing any wage, compensation, or other income paid by him to the veteran during the month, directly or indirectly. Based upon such written statements, the Administrator is authorized to reduce the 1 Section amended by sec. 1(a), Public Law 89-137. subsistence allowance of such veteran to an amount considered equitable and just. § 1505. Leaves of absence The Administrator shall prescribe such regulations as he deems necessary for granting leaves of absence to veterans pursuing a course of vocational rehabilitation training. Such leaves of absence shall not be granted to any veteran in excess of thirty days in any consecutive twelve months, except in exceptional circumstances. During authorized leaves of absence, a veteran shall be considered as pursuing his course of vocational rehabilitation training. § 1506. Medical care for trainees The Administrator may furnish veterans receiving vocational rehabilitation such medical care, treatment, hospitalization, and prosthesis as may be necessary to accomplish the purposes of this chapter, whether or not such medical care, treatment, hospitalization, or prosthesis is otherwise authorized under chapter 17 of this title. § 1507. Loans to trainees The revolving fund which was established pursuant to part VII of Veterans Regulation Numbered 1(a) is continued in effect, and may be used by the Administrator, under regulations prescribed by him, for making advances, not in excess of $100 in any case, to veterans commencing or undertaking courses of vocational rehabilitation. Such advances, and advances heretofore made, shall bear no interest and shall be repaid in such installments as may be determined by the Administrator, by proper deductions from future payments of subsistence allowance, compensation, pension, or retirement pay. § 1508. Regulations to promote good conduct The Administrator shall prescribe such rules and regulations as he deems necessary in order to promote good conduct and cooperation on the part of veterans who are receiving vocational rehabilitation. Penalties for the breach of such rules and regulations may extend to (1) forfeiture by the offender for three months of subsistence allowance otherwise payable, and (2) permanent disqualification for further vocational rehabilitation. § 1509. Books, supplies, and equipment (a) Any books, supplies, or equipment furnished a veteran under this chapter shall be deemed released to him, except that if, because of fault on his part, he fails to complete the course of vocational rehabilitation, he may be required by the Administrator to return any or all of such books, supplies, or equipment not actually expended, or to repay the reasonable value thereof. (b) Returned books, supplies, and equipment may be turned in to educational or training institutions for credit under such terms as may be approved by the Administrator, or may be disposed of in such other manner as he may approve. § 1510. Vocational rehabilitation for hospitalized persons Vocational rehabilitation may be afforded under this chapter to any person who is hospitalized pending final discharge from the active military, naval, or air service, if he is qualified for such vocational rehabilitation in every respect except for discharge. No subsistence allowance shall be payable to any person while he is receiving vocational rehabilitation solely by reason of this section. § 1511. Training and training facilities 1 The Administrator shall prescribe and provide vocational rehabili tation to veterans eligible therefor. For such purpose, the Administrator may (1) employ additional personnel and experts, as he deems necessary; (2) utilize and extend Veterans' Administration facilities: (3) utilize facilities of any agency of the United States, or any facilities maintained by joint Federal and State contributions: (4) provide, by agreement or contract with public or private institutions or establishments, for such additional training facilities as may be suitable and necessary; (5) cooperate with and employ the facilities of other governmental and State employment agencies for the purpose of placing in gainful employment persons who have received vocational rehabilitation. CHAPTER 34-VETERANS' EDUCATIONAL ASSISTANCE 23 Sec. 1651. Purpose. 1652. Definitions. SUBCHAPTER I-PURPOSE-DEFINITIONS SUBCHAPTER II-ELIGIBILITY AND ENTITLEMENT 1661. Eligibility; entitlement; duration. 1662. Time limitations for completing a program of education. 1663. Educational and vocational counseling. 1670. Selection of program. SUBCHAPTER III-ENROLLMENT 1671. Applications; approval. 1672. Change of program. 1673. Disapproval of enrollment in certain courses. 1674. Discontinuance for unsatisfactory conduct or progress. 1675. Period of operation for approval. 1676. Education outside the United States. SUBCHAPTER IV-PAYMENTS TO ELIGIBLE VETERANS 1681. Educational assistance allowance. 1682. Computation of educational assistance allowances. 1683. Measurement of courses. 1684. Overcharges by educational institutions. 1685. Approval of courses. 1686. Discontinuance of allowances. 1 Formerly sec. 1502; redesignated sec. 1511, Public Law 89-138. 2 Chapter added by sec. 2, Public Law 89-358. 3 Sec. 12(a), Public Law 89-358 provides: "Sec. 12(a). Except as otherwise specifically provided, the provisions of this Act shall take effect on the date of its enactment, but no educational assistance allowance shall be payable under chapter 34 of title 38, United States Code, as added by section 2 of this Act, for any period before June 1, 1966, nor for the month of June 1966, unless (1) the eligible veteran commenced the pursuit of the course of education on or after June 1. 1966, or (2) the pursuit of such course continued through June 30, 1966." Chapter 33 repealed by sec. 4(a), Public Law 89-358. Sec. 4(b) provides: "(b) Nothing in this Act or any amendment or repeal made by it, shall affect any right or liability (civil or criminal) which matured under chapter 33 of title 38 before the date of enactment of this Act: and all offenses committed, and all penalties and forfeitures incurred, under any provision of law amended or repealed by this Act, may be punished or recovered, as the case may be, in the same manner and with the same effect as if such amendments or repeals had not been made." |