§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, §101(a), Oct. 17, 1980, 94 Stat. 2176 , §1505; amended Pub. L. 99–576, title III, §333(b)(3), Oct. 28, 1986, 100 Stat. 3279 ; Pub. L. 101–237, title IV, §423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092 ; renumbered §3105 and amended Pub. L. 102–83, §5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406 ; Pub. L. 104–275, title I, §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, §5(a), renumbered section 1505 of this title as this section.

Subsec. (a). Pub. L. 102–83, §5(c)(1), substituted "3106(c)" for "1506(c)".

Subsec. (b). Pub. L. 102–83, §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, §333(b)(3)(A), inserted "currently" after "it".

Subsec. (b). Pub. L. 99–576, §333(b)(3)(B), inserted "current" after "of the".

Subsec. (d). Pub. L. 99–576, §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.