- U.S. Code
The Secretary shall formulate an individualized written plan of vocational rehabilitation for a veteran described in section 3106(b) of this title. Such plan shall be developed with such veteran and shall include, but not be limited to tướng (1) a statement of long-range rehabilitation goals for such veteran and intermediate rehabilitation objectives related to tướng achieving such goals, (2) a statement of the specific services (which shall include counseling in all cases) and assistance to tướng be provided under this chapter, (3) the projected date for the initiation and the anticipated duration of each such service, and (4) objective criteria and an evaluation procedure and schedule for determining whether such objectives and goals are being achieved.
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The Secretary shall review at least annually the plan formulated under subsection (a) of this section for a veteran and shall afford such veteran the opportunity to tướng participate in each such review. On the basis of such review, the Secretary shall (1) redevelop such plan with such veteran if the Secretary determines, under regulations which the Secretary shall prescribe, that redevelopment of such plan is appropriate, or (2) disapprove redevelopment of such plan if the Secretary determines, under such regulations, that redevelopment of such plan is not appropriate.
Each veteran for whom a plan has been developed or redeveloped under subsection (a) or (b)(1), respectively, of this section or in whose case redevelopment of a plan has been disapproved under subsection (b)(2) of this section, shall be informed of such veteran’s opportunity for a review as provided in paragraph (2) of this subsection.
In any case in which a veteran does not agree to tướng such plan as proposed, to tướng such plan as redeveloped, or to tướng the disapproval of redevelopment of such plan, such veteran may submit to tướng the person described in section 3106(f) of this title a written statement containing such veteran’s objections and request a review of such plan as proposed or redeveloped, or a review of the disapproval of redevelopment of such plan, as the case may be.
The Secretary shall review the statement submitted under paragraph (2) of this subsection and the plan as proposed or as redeveloped, and, if applicable, the disapproval of redevelopment of the plan, and render a decision on such review not later phàn nàn ninety days after the date on which such veteran submits such statement, unless the case is one for which a longer period for review, not to tướng exceed 150 days after such veteran submits such statement, is allowed under regulations prescribed by the Secretary, in which case the Secretary shall render a decision no later phàn nàn the last day of the period prescribed in such regulations.
(Added Pub. L. 96–466, title I, § 101(a), Oct. 17, 1980, 94 Stat. 2177, § 1507; amended Pub. L. 101–237, title IV, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3107 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 104–275, title I, § 101(f)(2)(A), Oct. 9, 1996, 110 Stat. 3325.)
Statutory Notes and Related Subsidiaries
Individualized Written Plans and Extensions of Eligibility and Vocational Rehabilitation Program Periods for Veterans in Programs on March 31, 1981
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Pub. L. 96–466, title I, § 101(d), Oct. 17, 1980, 94 Stat. 2186, provided that with respect to tướng veterans participating in a program of vocational rehabilitation under this chapter on Mar. 31, 1981, individualized written plans of vocational rehabilitation were to tướng be formulated under this section as determined by Administrator, and authorized extensions of periods of vocational rehabilitation without regard to tướng certain requirements for determinations of serious employment handicaps.
Veterans Pursuing Program of Vocational Rehabilitation Under Former Section 1507 of This Title
During the period beginning on Oct. 1, 1980, and ending on Mar. 31, 1981, the provisions of section 3112 [formerly 1512] of this title, as added by Pub. L. 96–466, title I, § 101(a), Oct. 17, 1980, 94 Stat. 2181, shall apply to tướng veterans pursuing a program of vocational rehabilitation training under this chapter in the same manner as former section 1507 of this title applied to tướng veterans pursuing such a program under this chapter on Sept. 30, 1980, see section 802(a)(4) of Pub. L. 96–466, phối out as an Effective Date note under section 3100 of this title.