Chapter 31, Section 3108, Subsection (b) · 38 U.S.C. Chapter 31 — TRAINING AND REHABILITATION FOR VETERANS WITH SERVICE-CONNECTED DISABILITIES

Contents

(b)

(1)Except as otherwise provided in this section, the Secretary shall determine the subsistence allowance to be paid to a veteran under this chapter in accordance with the following table, which shall be the monthly amount shown in column II, III, IV, or V (whichever is applicable as determined by the veteran’s dependency status) opposite the appropriate type of program being pursued as specified in column I:Column IColumn IIColumn IIIColumn IVColumn V Type of programNo dependentsOne dependentTwo dependentsMore than two dependents The amount in column IV, plus the following for each dependent in excess of two: Institutional training: Full-time$366$454$535$39 Three-quarter time27534140030 Half-time18422826820 Farm cooperative, apprentice, or other on-job training: Full-time32038744629 Extended evaluation: Full-time36645453539 Independent living training: Full-time36645453539 Three-quarter time27534140030 Half-time18422826820

(2)With respect to the fiscal year beginning on October 1, 1994, the Secretary shall provide a percentage increase in the monthly rates payable under paragraph (1) of this subsection equal to the percentage by which the Consumer Price Index (all items, United States city average published by the Bureau of Labor Statistics) for the 12-month period ending June 30, 1994, exceeds such Consumer Price Index for the 12-month period ending June 30, 1993.

(3)With respect to any fiscal year beginning on or after October 1, 1995, the Secretary shall continue to pay, in lieu of the rates payable under paragraph (1) of this subsection, the monthly rates payable under this subsection for the previous fiscal year and shall provide, for any such fiscal year, a percentage increase in such rates equal to the percentage by which—

(A)the Consumer Price Index (all items, United States city average) for the 12-month period ending on June 30 preceding the beginning of the fiscal year for which the increase is made, exceeds

(B)such Consumer Price Index for the 12-month period preceding the 12-month period described in subparagraph (A).

(4)A veteran entitled to a subsistence allowance under this chapter and educational assistance under chapter 33 of this title may elect to receive payment from the Secretary in lieu of an amount otherwise determined by the Secretary under this subsection in an amount equal to the applicable monthly amount of basic allowance for housing payable under section 403 of title 37 for a member with dependents in pay grade E–5 residing in the military housing area that encompasses all or the majority portion of the ZIP code area in which is located the institution providing the rehabilitation program concerned.

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Defined terms · 11

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employment handicap
means an impairment, resulting in substantial part from a disability described in section 3102(1)(A) of this title, of a veteran’s ability to prepare for, obtain, or retain employment consistent with such veteran’s abilities, aptitudes, and interests.
federally recognized Indian tribe
means any Indian tribe, band, nation, pueblo, or other organized group or community, including any Alaska Native village or regional corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act, which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.
independence in daily living
means the ability of a veteran, without the services of others or with a reduced level of the services of others, to live and function within such veteran’s family and community.
Post-9/11 Global Operations period
means the period of the Persian Gulf War beginning on September 11, 2001, and ending on the date thereafter prescribed by Presidential proclamation or by law.
program of education
has the meaning provided in section 3452(b) of this title.
program of independent living services and assistance
includes (A) the services provided for in this chapter that are needed to enable a veteran to achieve independence in daily living, including such counseling, diagnostic, medical, social, psychological, and educational services as are determined by the Secretary to be needed for such veteran to achieve maximum independence in daily living, and (B) the assistance authorized by this chapter for such veteran.
rehabilitated to the point of employability
means rendered employable in an occupation for which a vocational rehabilitation program has been provided under this chapter.
rehabilitation program
means (A) a vocational rehabilitation program, or (B) a program of independent living services and assistance authorized under section 3120 of this title for a veteran for whom a vocational goal has been determined not to be currently reasonably feasible.
serious employment handicap
means a significant impairment, resulting in substantial part from a service-connected disability rated at 10 percent or more, of a veteran’s ability to prepare for, obtain, or retain employment consistent with such veteran’s abilities, aptitudes, and interests.
vocational goal
means a gainful employment status consistent with a veteran’s abilities, aptitudes, and interests.
vocational rehabilitation program
includes—