§ 1163. Trial work periods and vocational rehabilitation for certain veterans with total disability ratings

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1984

   Veterans’ Benefits Improvement Act of 1984

   Pub. L. 98–543 title I § 111(a)(1) · 98 Stat. 2735

   Enacted · 38 U.S.C. § 1163

   Added Pub. L. 98–543, title I, § 111(a)(1), Oct. 24, 1984, 98 Stat. 2738, § 363

   Source evidence

   Code source credit
   Added Pub. L. 98–543, title I, § 111(a)(1), Oct. 24, 1984, 98 Stat. 2738, § 363

   Enacted provision · exact public law section
   (1) Subchapter VI of chapter 11 is amended by adding at the end the following new section: “§ 363. Temporary program for 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 during the program period 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: “(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 January 31, 1989. “(b) During the program period, the Administrator shall make counseling services described in section 1504(a)(2) of this title and placement and postplacement services described in section 1504(a)(5) of this title available to each qualified veteran (whether or not the veteran is participating in a vocational rehabilitation program 38 USC 1500 et seq. under chapter 31 of this title). “(c) (1) (A) Except as provided in paragraph (4) of this subsection, in the case of each award during the program period of a rating of total disability described in subsection (a)(2)(A) of this section to a veteran, the Administrator shall provide to the veteran, at the time that notice of the award is provided to the veteran, a statement providing— “(i) notice of the provisions of this section; “(ii) 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 “(iii) a summary description of the scope of services and assistance available under that chapter. “(B) After providing the notice required under subparagraph (A) of this paragraph to a veteran, the Administrator shall arrange as promptly as is practical for the veteran to be provided an evaluation in order to make a determination as to whether the achievement of a vocational goal by the veteran is reasonably feasible. Such evaluation shall include a personal interview of the veteran by a Veterans’ Administration employee who is trained in vocational counseling. The Administrator shall provide the veteran with reasonable notice of the schedule for the evaluation. “(2) If the veteran fails, for reasons other than those beyond the veteran’s control, to participate in an evaluation under paragraph (1)(B) of this subsection in the manner required by the Administrator in order to make the determination described in that paragraph, the Administrator shall reduce the veteran’s disability rating to the rating that would be applicable to the veteran but for the determination of the veteran’s inability to secure or follow a substantially gainful occupation. Any such reduction shall remain in effect for the duration of such failure. “(3) (A) If, after completion of an evaluation under paragraph (1)(B) of this subsection, the Administrator determines that achievement of a vocational goal by the veteran is reasonably feasible, the Administrator shall formulate an individualized written plan of vocational rehabilitation for the veteran under chapter 31 of this title. 38 USC 1500 et seq. “(B) If the Administrator determines that the veteran has failed to pursue (or to continue to pursue) the vocational rehabilitation program described in such plan, the Administrator shall provide the veteran with notice that, if the veteran fails, for reasons other than those beyond the veteran’s control, to initiate or resume pursuit of such program within 60 days after the Administrator provided such notice (or such longer period as the Administrator determines is the shortest period within which it is reasonably feasible for the veteran to initiate or resume pursuit), the Administrator will provide for the results of the evaluation to be considered in the next scheduled review of the veteran’s eligibility for a rating of total disability based on inability to secure or follow a substantially gainful occupation. Unless the veteran initiates or resumes such pursuit within such 60 days (or such longer period, if applicable), the Administrator shall provide for such results to be so considered. “(4) 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.”.

2. 1988

   Veterans’ Benefits Improvement Act of 1988

   Pub. L. 100–687 § 1301(a) · 102 Stat. 4105

   Substituted · 38 U.S.C. § 1163(a)(2)(B)

   Pub. L. 100–687, § 1301(a), substituted “1992” for “1989”

   Source evidence

   Code amendment note
   Subsec. (a)(2)(B). Pub. L. 100–687, § 1301(a), substituted “1992” for “1989”.

   Enacted provision · exact public law section
   (a) Three-Year Extension.— Subsection (a)(2)(B) of section 363 is amended by striking out “January 31, 1989” and inserting in lieu thereof “January 31, 1992”.

3. 1988

   Veterans’ Benefits Improvement Act of 1988

   Pub. L. 100–687 § 1301(b)(2) · 102 Stat. 4105

   1. Substituted · 38 U.S.C. § 1163(c)(1)

      Pub. L. 100–687, § 1301(b)(2), (3), substituted “(1) In” for “(1)(A) Except as provided in paragraph (4) of this subsection, in”

   2. Redesignated · 38 U.S.C. § 1163(c)(1)

      Pub. L. 100–687, § 1301(b)(2), (3), redesignated cls. (i), (ii), and (iii) as subpars. (A), (B), and (C), respectively

   3. Struck · 38 U.S.C. § 1163(c)(1)

      Pub. L. 100–687, § 1301(b)(2), (3), 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

   Source evidence

   Code amendment note
   Subsec. (c)(1). Pub. L. 100–687, § 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.

   Enacted provision · exact public law section
   (2) by striking out “(1)(A) Except as provided in paragraph (4) of this subsection, in” and inserting in lieu thereof “(1) In”; and

4. 1988

   Veterans’ Benefits Improvement Act of 1988

   Pub. L. 100–687 § 1301(b)(1) · 102 Stat. 4105

   1. Added · 38 U.S.C. § 1163(c)(2)

      Pub. L. 100–687, § 1301(b)(1), (3)(B), added par. (2)

   2. Struck · 38 U.S.C. § 1163(c)(2)

      Pub. L. 100–687, § 1301(b)(1), (3)(B), struck out former par. (2) which related to failure of veteran to participate in evaluation, and reduction of disability rating

   Source evidence

   Code amendment note
   Subsec. (c)(2). Pub. L. 100–687, § 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.

   Enacted provision · exact public law section
   (1) by striking out paragraphs (2), (3), and (4);

5. 1988

   Veterans’ Benefits Improvement Act of 1988

   Pub. L. 100–687 § 1301(b)(1) · 102 Stat. 4105

   Struck · 38 U.S.C. § 1163(c)(3)

   Pub. L. 100–687, § 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

   Source evidence

   Code amendment note
   Subsec. (c)(3). Pub. L. 100–687, § 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.

   Enacted provision · exact public law section
   (1) by striking out paragraphs (2), (3), and (4);

6. 1988

   Veterans’ Benefits Improvement Act of 1988

   Pub. L. 100–687 § 1301(b)(1) · 102 Stat. 4105

   Struck · 38 U.S.C. § 1163(c)(4)

   Pub. L. 100–687, § 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.”

   Source evidence

   Code amendment note
   Subsec. (c)(4). Pub. L. 100–687, § 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.”

   Enacted provision · exact public law section
   (1) by striking out paragraphs (2), (3), and (4);

7. 1991

   Pub. L. 102–83 § 5(a) · 105 Stat. 378

   Changed · 38 U.S.C. § 1163

   Pub. L. 102–83, § 5(a), renumbered section 363 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 102–83, § 5(a), renumbered section 363 of this title as this section.

   Enacted provision · exact public law section
   (a) Redesignation of Sections to Conform to Chapter Numbers.— Each section contained in any of chapters 11 through 23 is redesignated by replacing the first digit of the section number with the number of the chapter containing that section. Each section contained in any of chapters 24 through 42 is redesignated so that the first two digits of the section number of that section are the same as the chapter number of the chapter containing that section.

8. 1991

   Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378

   1. Substituted · 38 U.S.C. § 1163(b)

      Pub. L. 102–83, § 5(c)(1), substituted “3104(a)(2)” for “1504(a)(2)”

   2. Substituted · 38 U.S.C. § 1163(b)

      Pub. L. 102–83, § 5(c)(1), substituted “3104(a)(5)” for “1504(a)(5)”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 102–83, § 5(c)(1), substituted “3104(a)(2)” for “1504(a)(2)” and “3104(a)(5)” for “1504(a)(5)”.

   Enacted provision · exact public law section
   (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by subsection (a) is amended so that the reference refers to the section as redesignated.

9. 1991

   Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378

   Substituted · 38 U.S.C. § 1163(b)

   Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.

   Enacted provision · exact public law section
   (1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

10. 1991

    Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 1163(c)

    Pub. L. 102–83, § 5(c)(1), substituted “3106(a)” for “1506(a)” in par. (2)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 102–83, § 5(c)(1), substituted “3106(a)” for “1506(a)” in par. (2).

    Enacted provision · exact public law section
    (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by subsection (a) is amended so that the reference refers to the section as redesignated.

11. 1991

    Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 1163(c)

    Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in pars. (1) and (2)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in pars. (1) and (2).

    Enacted provision · exact public law section
    (1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

12. 1992

    Pub. L. 102–291 § 2(a) · 106 Stat. 178

    Substituted · 38 U.S.C. § 1163(a)(2)

    Pub. L. 102–291 substituted “December 31, 1992” for “January 31, 1992” in subpar. (B)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–291 substituted “December 31, 1992” for “January 31, 1992” in subpar. (B).

    Enacted provision · exact public law section
    (a) Program for Trial Work Periods and Vocational Rehabilitation.— Section 1163(a)(2)(B) of title 38, United States Code, is amended by striking out “January 31, 1992” and inserting in lieu thereof “December 31, 1992”.

    Effective date note
    Pub. L. 102–291, § 2(d), May 20, 1992, 106 Stat. 178, 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.”

13. 1992

    Veterans’ Benefits Act of 1992

    Pub. L. 102–568 § 401(d)(1) · 106 Stat. 4320

    Substituted · 38 U.S.C. § 1163

    Pub. L. 102–568, § 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

    Source evidence

    Code amendment note
    Pub. L. 102–568, § 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.

    Enacted provision · exact public law section
    (1) The heading of such section is amended to read as follows: “§ 1163. Trial work periods and vocational rehabilitation for certain veterans with total disability ratings”.

14. 1992

    Veterans’ Benefits Act of 1992

    Pub. L. 102–568 § 401(a)(1) · 106 Stat. 4320

    Substituted · 38 U.S.C. § 1163(a)(1)

    Pub. L. 102–568, § 401(a)(1), substituted “after January 31, 1985,” for “during the program period”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 102–568, § 401(a)(1), substituted “after January 31, 1985,” for “during the program period”.

    Enacted provision · exact public law section
    (1) Subsection (a)(1) of section 1163 is amended by striking out “during the program period” and inserting in lieu thereof “after January 31, 1985,”.

15. 1992

    Veterans’ Benefits Act of 1992

    Pub. L. 102–568 § 401(a)(2) · 106 Stat. 4320

    Amended · 38 U.S.C. § 1163(a)(2)

    Pub. L. 102–568, § 401(a)(2), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “For purposes of this section:

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 102–568, § 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.”

    Enacted provision · exact public law section
    (2) Subsection (a)(2) of such section is amended to read as follows: “(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.”

16. 1992

    Veterans’ Benefits Act of 1992

    Pub. L. 102–568 § 401(b) · 106 Stat. 4320

    Substituted · 38 U.S.C. § 1163(b)

    Pub. L. 102–568, § 401(b), substituted “The Secretary” for “During the program period, the Secretary”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 102–568, § 401(b), substituted “The Secretary” for “During the program period, the Secretary”.

    Enacted provision · exact public law section
    (b) Counseling Services.— Subsection (b) of such section is amended by striking out “During the program period, the Secretary” and inserting in lieu thereof “The Secretary”.

17. 1992

    Veterans’ Benefits Act of 1992

    Pub. L. 102–568 § 401(c) · 106 Stat. 4320

    Substituted · 38 U.S.C. § 1163(c)(1)

    Pub. L. 102–568, § 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)”

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 102–568, § 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)”.

    Enacted provision · exact public law section
    (c) Notice.— Subsection (c)(1) of such section is amended by striking out “during the program period” and all that follows through “(a)(2)(A)” and inserting in lieu thereof “after January 31, 1985, of a rating of total disability described in subsection (a)(2)”.

21 of 21 references resolved to an enrolled provision