Page:United States Statutes at Large Volume 98 Part 3.djvu/366

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PUBLIC LAW 98-000—MMMM. DD, 1984

98 STAT. 2738


SEC. IIL (aKl) Subchapter VI of chapter 11 is amended by adding at the end the following new section: 38 USC 363.

38 USC 1500 et «^9

"§ 363. Temporary program for trial work periods and vocational rehabilitation for certain veterans with total disability ratings "(aKl) The disability rating of a qualifled 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 under chapter 31 of this title). "(c)(l)(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 (aK2)(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 (1KB) 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