§ 1525. Protection of health-care eligibility

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 III § 301(a)(1) · 98 Stat. 2735

   Enacted · 38 U.S.C. § 1525

   Added Pub. L. 98–543, title III, § 301(a)(1), Oct. 24, 1984, 98 Stat. 2746, § 525

   Source evidence

   Code source credit
   Added Pub. L. 98–543, title III, § 301(a)(1), Oct. 24, 1984, 98 Stat. 2746, § 525

   Enacted provision · exact public law section
   (1) Subchapter II of chapter 15 is amended by adding at the end the following new sections: “§ 524. Temporary program of vocational training for certain new pension recipients “(a) (1) Subject to paragraph (3) of this subsection, in the case of a veteran under the age of 50 who is awarded pension during the program period, the Administrator 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 Veterans’ Administration 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 Administrator in order to make such determination, the Administrator shall suspend the veteran’s pension for the duration of such failure. “(2) Subject to paragraph (3) of this subsection, if a veteran who is 50 years of age or older and who is awarded pension during the program period applies for vocational training under this section and the Administrator makes a preliminary finding on the basis of information in the application that, with the assistance of a vocational training program under subsection (d) of this section, the veteran has a good potential for achieving employment, the Administrator 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 Veterans’ Administration employee trained in vocational counseling. “(3) Not more than 2,500 veterans may be given evaluations under this subsection during any 12-month period beginning on February 1 of a year. “(4) For the purposes of this section, the term ‘program period’ means the period beginning on February 1, 1985, and ending on January 31, 1989. “(b) (1) If the Administrator, 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 1507 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 38 USC 1500 et seq. 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 Administrator 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 Administrator 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 38 USC 1901 et seq. “(iii) may include a program of education at an institution of higher learning (as defined in sections 1652(b) and 1652(f), respectively, of this title) only in a case in which the Administrator determines that the program involved is predominantly vocational in content. “(3) When a veteran completes a vocational training program under this subsection, the Administrator may provide the veteran with counseling of the kind described in section 1504(a)(2) of this title, placement and postplacement services of the kind described in section 1504(a)(5) of this title, and training of the kind described in section 1504(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) January 31, 1989, or (B) the end of a reasonable period of time, as determined by the Administrator, following either the evaluation of the veteran under subsection (a)(1) of this section or the award of pension to the veteran as described in subsection (a)(2) of this section. Any determination by the Administrator of such a reasonable period of time shall be made pursuant to regulations which the Administrator shall prescribe. “(c) Notwithstanding subsection (c) of section 525 of this title, a veteran who pursues a vocational training program under subsection (b) of this section shall have the benefit of the provisions of Infra. subsection (a) of section 525 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) of that section). “(d) Payments by the Administrator for education, training, and other services and assistance under subsection (b) of this section (other than the services of Veterans’ Administration employees) shall be made from the Veterans’ Administration appropriations account from which payments for pension are made. “§ 525. Temporary protection of health-care eligibility “(a) In the case of a veteran whose entitlement to pension under section 521 of this title is terminated during the program period by reason of income from work or training, the veteran shall retain for a period of three years beginning on the date of such termination all eligibility for care and services under such chapter that the veteran would have had if the veteran’s entitlement to pension had not been terminated. Care and services for which such a veteran retains eligibility include, when applicable, drugs and medicines under section 612(h) of this title and special priority with respect to such care and services under section 612(i)(5) of this title. “(b) For the purposes of this section: “(1) The term ‘terminated by reason of income from work or training’ means terminated as a result of the veteran’s receipt of earnings from activity performed for remuneration or gain, but only if the veteran’s annual income from sources other than such earnings would, taken alone, not result in the termination of the veteran’s pension. “(2) The term ‘program period’ means the period beginning on February 1, 1985, and ending on January 31, 1989.”.

2. 1986

   Veterans’ Health-Care Amendments of 1986

   Pub. L. 99–272 title XIX § 19011(d)(1) · 100 Stat. 82

   Substituted · 38 U.S.C. § 1525(a)

   Pub. L. 99–272 substituted “clauses (5) and (6) of section 612(i)” for “section 612(i)(5) of this title”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 99–272 substituted “clauses (5) and (6) of section 612(i)” for “section 612(i)(5) of this title”.

   Enacted provision · exact public law section
   (1) Section 525(a) is amended by striking out “section 612(i)(5) of this title” and inserting in lieu thereof “clauses (5) and (6) of section 612(i)”,

3. 1986

   Pub. L. 99–576 title VII § 703(b)(2) · 100 Stat. 3248

   Struck · 38 U.S.C. § 1525(a)

   Pub. L. 99–576 struck out “under section 521 of this title” after “entitlement to pension”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 99–576 struck out “under section 521 of this title” after “entitlement to pension”.

   Enacted provision · exact public law section
   (b) Amendments to Title 38.— (1) Section 524 of title 38, United States Code, is amended— (A) by striking out “subsection (d)” in subsection (a)(2) and inserting in lieu thereof “subsection (b)”; (B) by striking out “subsection (a)(1)” in subsection (b)(4) and inserting in lieu thereof “subsection (a)”; and (C) in subsection (c)— (i) by striking out “Notwithstanding subsection (c) of section 525 of this title, a veteran” and inserting in lieu thereof “A veteran”; (ii) by striking out “subsection (b)” the second place it appears and inserting in lieu thereof “subsection (b)(1)”; and (iii) by striking out the period and inserting in lieu thereof “without regard to the date on which the veteran’s entitlement to pension is terminated.”. (D) Section 525(a) of such title is amended by striking out “under section 521 of this title”. (E) The item relating to section 524 in the table of sections at the beginning of chapter 15 of such title is amended by inserting “program of” after “Temporary”.

4. 1988

   Veterans’ Benefits Improvement Act of 1988

   Pub. L. 100–687 div. B title XIII § 1303(c) · 102 Stat. 4105

   Substituted · 38 U.S.C. § 1525(b)(2)

   Pub. L. 100–687 substituted “1992” for “1989”

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 100–687 substituted “1992” for “1989”.

   Enacted provision · exact public law section
   (c) Health-Care Eligibility.— Section 525(b)(2) is amended by striking out “January 31, 1989” and inserting in lieu thereof “January 31, 1992”.

5. 1991

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

   Changed · 38 U.S.C. § 1525

   Pub. L. 102–83, § 5(a), renumbered section 525 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 102–83, § 5(a), renumbered section 525 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.

6. 1991

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

   1. Substituted · 38 U.S.C. § 1525(a)

      Pub. L. 102–83, § 5(c)(1), substituted “1712(h)” for “612(h)”

   2. Substituted · 38 U.S.C. § 1525(a)

      Pub. L. 102–83, § 5(c)(1), substituted “1712(i)” for “612(i)”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 102–83, § 5(c)(1), substituted “1712(h)” for “612(h)” and “1712(i)” for “612(i)”.

   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.

7. 1992

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

   Substituted · 38 U.S.C. § 1525(b)

   Pub. L. 102–291 substituted “December 31, 1992” for “January 31, 1992” in par. (2)

   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 par. (2).

   Enacted provision · exact public law section
   (c) Protection of Health-Care Eligibility.— Section 1525(b)(2) of such title is amended by striking out “January 31, 1992” and inserting in lieu thereof “December 31, 1992”.

   Effective date note
   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.

8. 1992

   Veterans’ Benefits Act of 1992

   Pub. L. 102–568 § 403(b)(1) · 106 Stat. 4320

   Substituted · 38 U.S.C. § 1525

   Pub. L. 102–568, § 403(b)(1), substituted “Protection” for “Temporary protection” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 102–568, § 403(b)(1), substituted “Protection” for “Temporary protection” in section catchline.

   Enacted provision · exact public law section
   (1) The heading of such section is amended to read as follows: “§ 1525. Protection of health-care eligibility”.

9. 1992

   Veterans’ Benefits Act of 1992

   Pub. L. 102–568 § 403(a)(1) · 106 Stat. 4320

   Substituted · 38 U.S.C. § 1525(a)

   Pub. L. 102–568, § 403(a)(1), substituted “after January 31, 1985,” for “during the program period”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 102–568, § 403(a)(1), substituted “after January 31, 1985,” for “during the program period”.

   Enacted provision · exact public law section
   (1) in subsection (a), by striking out “during the program period” and inserting in lieu thereof “after January 31, 1985,”; and

10. 1992

    Veterans’ Benefits Act of 1992

    Pub. L. 102–568 § 403(a)(2) · 106 Stat. 4320

    1. Added · 38 U.S.C. § 1525(b)

       Pub. L. 102–568, § 403(a)(2), added subsec. (b)

    2. Struck · 38 U.S.C. § 1525(b)

       Pub. L. 102–568, § 403(a)(2), struck out former subsec. (b) which read as follows: “For the purposes of this section:

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 102–568, § 403(a)(2), added subsec. (b) and struck out former subsec. (b) which read as follows: “For the purposes of this section:

    “(1) The term ‘terminated by reason of income from work or training’ means terminated as a result of the veteran’s receipt of earnings from activity performed for remuneration or gain, but only if the veteran’s annual income from sources other than such earnings would, taken alone, not result in the termination of the veteran’s pension. “(2) 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) by striking out subsection (b) and inserting in lieu thereof the following: “(b) For purposes of this section, the term ‘terminated by reason of income from work or training’ means terminated as a result of the veteran’s receipt of earnings from activity performed for renumeration or with gain, but only if the veterans annual income from sources other than such earnings would, taken alone, not result in the termination of the veteran’s pension.”.

11. 1996

    Veterans’ Health Care Eligibility Reform Act of 1996

    Pub. L. 104–262 § 101(e)(1)(A) · 110 Stat. 3177

    Substituted · 38 U.S.C. § 1525(a)

    Pub. L. 104–262, § 101(e)(1)(A), substituted “section 1712(d) of this title” for “section 1712(h) of this title and special priority with respect to such care and services under clauses (5) and (6) of section 1712(i)”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 104–262, § 101(e)(1)(A), substituted “section 1712(d) of this title” for “section 1712(h) of this title and special priority with respect to such care and services under clauses (5) and (6) of section 1712(i)”.

    Enacted provision · exact public law section
    (A) in subsection (a), by striking out “section 1712(h) of this title” and all that follows through the period at the end and inserting in lieu thereof “section 1712(d) of this title.”; and

12. 1996

    Veterans’ Health Care Eligibility Reform Act of 1996

    Pub. L. 104–262 § 101(e)(1)(B) · 110 Stat. 3177

    Substituted · 38 U.S.C. § 1525(b)

    Pub. L. 104–262, § 101(e)(1)(B), substituted “remuneration” for “renumeration”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 104–262, § 101(e)(1)(B), substituted “remuneration” for “renumeration”.

    Enacted provision · exact public law section
    (B) in subsection (b), by striking out “renumeration” and inserting in lieu thereof “remuneration”.

14 of 14 references resolved to an enrolled provision