Page:United States Statutes at Large Volume 94 Part 2.djvu/895

From Wikisource
Jump to: navigation, search
This page needs to be proofread.
PUBLIC LAW 96-000—MMMM. DD, 1980

PUBLIC LAW 96-466—OCT. 17, 1980

94 STAT. 2173

feeisible, employable and to obtain and msiintain suitable employment, and "(B) the assistance authorized by this chapter for a veteran receiving any of the services described in clause (A) of this paragraph. "§ 1502. Basic entitlement 38 USC 1502. "A person shall be entitled to a rehabilitation program under the terms and conditions of this chapter if such person— "(1)(A) is a veteran who has a service-connected disability which is, or but for the receipt of retired pay would be, compensable under chapter 11 of this title and which was incurred or 38 USC 301 et aggravated in service on or after September 16, 1940, or (B) is «^9 hospitalized for a service-connected disability in a hospital over which the Secretary concerned has jurisdiction pending discharge or release from active military, naval, or air service and is suffering from a disability which the Administrator determines will likely be compensable under chapter 11 of this title; and "(2) is determined by the Administrator to be in need of rehabilitation because of an employment handicap. "§ 1503. Periods of eligibility 38 USC 1503. "(a) Except as provided in subsection Qo\ (c), or (d) of this section, a rehabilitation program may not be afforded to a veteran under this chapter after the end of the twelve-year period beginning on the date of such veteran's discharge or release from active military, naval, or air service. "(b)(l) In any case in which the Administrator determines that a veteran has been prevented from participating in a vocational rehabilitation program under this chapter within the period of eligibility prescribed in subsection (a) of this section because a medical condition of such veteran made it infeasible for such veteran to participate in such a program, the twelve-year period of eligibility shall not run during the period of time that such veteran was so prevented from participating in such a program, and such period of eligibility shall aggiin begin to run on the first day following such veteran's recovery from such condition on which it is reasonably feasible, as determined under regulations which the Administrator shall prescribe, for such veteran to participate in such a program. "(2) In any case in which the Administrator determines that a veteran has been prevented from participating in a vocational rehabilitation program under this chapter within the period of eligibility prescribed in subsection (a) of this section because— "(A) such veteran had not met the requirement of a discharge or release from active military, naval, or air service under conditions other than dishonorable before (i) the nature of such discharge or release was changed by appropriate authority, or (ii) the Administrator determined, under regulations prescribed by the Administrator, that such discharge or release was under conditions other than dishonorable, or "(B) such veteran's discharge or dismissal was, under section 3103 of this title, a bar to benefits under this title before the 38 USC 3103. Administrator made a determination that such discharge or dismissal is not a bar to such benefits, the twelve-year period of eligibility shall not run during the period of time that such veteran was ^o prevented from participating in such a prc^ram.