---
kind: "section"
citation: "38 U.S.C. § 3105"
title: "38"
title_heading: "Veterans’ Benefits"
number: "3105"
heading: "Duration of rehabilitation programs"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/38/3105"
units:
  - "Part III — Readjustment and Related Benefits"
  - "Chapter 31 — Training and Rehabilitation for Veterans with Service-Connected Disabilities"
---

# §3105. Duration of rehabilitation programs

- (a) In any case in which the [Secretary](/usc/38/4101.md?p=8) is unable to determine whether it currently is reasonably feasible for a [veteran](/usc/38/3701.md?p=b-2) to achieve a [vocational goal](/usc/38/3101.md?p=9), the period of extended evaluation under [section 3106(c) of this title](/usc/38/3106.md?p=c) may not exceed twelve months, except that such period may be extended for additional periods of up to six months each if the [Secretary](/usc/38/4101.md?p=8) determines before granting any such extension that it is reasonably likely that, during the period of any such extension, a determination can be made whether the achievement of a [vocational goal](/usc/38/3101.md?p=9) is reasonably feasible in the case of such [veteran](/usc/38/3701.md?p=b-2).
- (b)
  - (1) Except as provided in paragraphs [(2)](#b-2) and [(3)](#b-3) and in [subsection (c)](#c), the period of a [vocational rehabilitation program](/usc/38/3101.md?p=10) for a [veteran](/usc/38/3701.md?p=b-2) under this chapter following a determination of the current reasonable feasibility of achieving a [vocational goal](/usc/38/3101.md?p=9) may not exceed forty-eight months, except that the counseling and placement and postplacement services described in [section 3104(a)(2)](/usc/38/3104.md?p=a-2) and (5) of this title may be provided for an additional period not to exceed eighteen months in any case in which the [Secretary](/usc/38/4101.md?p=8) determines the provision of such counseling and services to be necessary to accomplish the purposes of a [rehabilitation program](/usc/38/3101.md?p=7) in the individual case.
  - (2) The period of a [vocational rehabilitation program](/usc/38/3101.md?p=10) pursued by a [veteran](/usc/38/3701.md?p=b-2) under [section 3102(b) of this title](/usc/38/3102.md?p=b) following a determination of the current reasonable feasibility of achieving a [vocational goal](/usc/38/3101.md?p=9) may not exceed 12 months.
  - (3)
    - (A) In any case in which the [Secretary](/usc/38/4101.md?p=8) determines that a [veteran](/usc/38/3701.md?p=b-2) has been prevented from participating in counseling and placement and postplacement services described in paragraphs (2) and (5) of [section 3104(a) of this title](/usc/38/3104.md?p=a) due to an [emergency situation](/usc/38/3002.md?p=9), the [Secretary](/usc/38/4101.md?p=8) shall extend the period during which the [Secretary](/usc/38/4101.md?p=8) may provide such counseling and placement and postplacement services for the [veteran](/usc/38/3701.md?p=b-2) for a period equal to the number of months that the [veteran](/usc/38/3701.md?p=b-2) was so prevented from participating in such counseling and services, as determined by the [Secretary](/usc/38/4101.md?p=8).
    - (B) In any case in which the [Secretary](/usc/38/4101.md?p=8) determines that a [veteran](/usc/38/3701.md?p=b-2) has been prevented from participating in a [vocational rehabilitation program](/usc/38/3101.md?p=10) under this chapter due to an [emergency situation](/usc/38/3002.md?p=9), the [Secretary](/usc/38/4101.md?p=8) shall extend the period of the [veteran](/usc/38/3701.md?p=b-2)’s [vocational rehabilitation program](/usc/38/3101.md?p=10) for a period equal to the number of months that the [veteran](/usc/38/3701.md?p=b-2) was so prevented from participating in the [vocational rehabilitation program](/usc/38/3101.md?p=10), as determined by the [Secretary](/usc/38/4101.md?p=8).
- (c) The [Secretary](/usc/38/4101.md?p=8) may extend the period of a [vocational rehabilitation program](/usc/38/3101.md?p=10) for a [veteran](/usc/38/3701.md?p=b-2) to the extent that the [Secretary](/usc/38/4101.md?p=8) determines that an extension of such period is necessary to enable such [veteran](/usc/38/3701.md?p=b-2) to achieve a [vocational goal](/usc/38/3101.md?p=9) if the [Secretary](/usc/38/4101.md?p=8) also determines—
  - (1) that such [veteran](/usc/38/3701.md?p=b-2) had previously been [rehabilitated to the point of employability](/usc/38/3101.md?p=6) but (A) such [veteran](/usc/38/3701.md?p=b-2)’s need for further vocational rehabilitation has arisen out of a worsening of such [veteran](/usc/38/3701.md?p=b-2)’s [service-connected](/usc/38/101.md?p=16) disability that precludes such [veteran](/usc/38/3701.md?p=b-2) from performing the duties of the occupation for which such [veteran](/usc/38/3701.md?p=b-2) had been so rehabilitated, or (B) the occupation for which such [veteran](/usc/38/3701.md?p=b-2) had been so rehabilitated is not suitable in view of such [veteran](/usc/38/3701.md?p=b-2)’s current [employment handicap](/usc/38/3101.md?p=2) and capabilities; or
  - (2) under regulations which the [Secretary](/usc/38/4101.md?p=8) shall prescribe, that such [veteran](/usc/38/3701.md?p=b-2) has a [serious employment handicap](/usc/38/3101.md?p=8) and that an extension of such period is necessary to accomplish the purposes of a [rehabilitation program](/usc/38/3101.md?p=7) for such [veteran](/usc/38/3701.md?p=b-2).
- (d)
  - (1) Except as provided in [paragraph (2)](#d-2), the period of a [program of independent living services and assistance](/usc/38/3101.md?p=5) for a [veteran](/usc/38/3701.md?p=b-2) under this chapter (following a determination by the [Secretary](/usc/38/4101.md?p=8) that such [veteran](/usc/38/3701.md?p=b-2)’s disability or disabilities are so severe that the achievement of a [vocational goal](/usc/38/3101.md?p=9) currently is not reasonably feasible) may not exceed twenty-four months.
  - (2)
    - (A) The period of a [program of independent living services and assistance](/usc/38/3101.md?p=5) for a [veteran](/usc/38/3701.md?p=b-2) under this chapter may exceed twenty-four months as follows:
      - (i) If the [Secretary](/usc/38/4101.md?p=8) determines that a longer period is necessary and likely to result in a substantial increase in the [veteran](/usc/38/3701.md?p=b-2)’s level of [independence in daily living](/usc/38/3101.md?p=3).
      - (ii) If the [veteran](/usc/38/3701.md?p=b-2) served on [active duty](/usc/38/3002.md?p=6) during the Post-9/11 Global Operations period and has a severe disability (as determined by the [Secretary](/usc/38/4101.md?p=8) for purposes of this clause) incurred or aggravated in such service.
    - (B) In this paragraph, the term “Post-9/11 Global Operations period” means the period of the [Persian Gulf War](/usc/38/101.md?p=33) beginning on September 11, 2001, and ending on the date thereafter prescribed by Presidential proclamation or by law.
- (e)
  - (1) Notwithstanding any other provision of this chapter or [chapter 36](/usc/38/chptIII/ch36.md) of this title, any payment of a subsistence allowance and other assistance described in [paragraph (2)](#e-2) shall not—
    - (A) be charged against any entitlement of any [veteran](/usc/38/3701.md?p=b-2) under this chapter; or
    - (B) be counted toward the aggregate period for which [section 3695 of this title](/usc/38/3695.md) limits an individual’s receipt of allowance or assistance.
  - (2) The payment of the subsistence allowance and other assistance referred to in [paragraph (1)](#e-1) is the payment of such an allowance or assistance for the period described in [paragraph (3)](#e-3) to a [veteran](/usc/38/3701.md?p=b-2) for participation in a [vocational rehabilitation program](/usc/38/3101.md?p=10) under this chapter if the [Secretary](/usc/38/4101.md?p=8) finds that the [veteran](/usc/38/3701.md?p=b-2) had to suspend or discontinue participation in such [vocational rehabilitation program](/usc/38/3101.md?p=10) as a result of being ordered to serve on [active duty](/usc/38/3002.md?p=6) under section 688, 12301(a), 12301(d), 12301(g), 12302, 12304, 12304a, or 12304b of title 10.
  - (3) The period for which, by reason of this subsection, a subsistence allowance and other assistance is not charged against entitlement or counted toward the applicable aggregate period under [section 3695 of this title](/usc/38/3695.md) shall be the period of participation in the [vocational rehabilitation program](/usc/38/3101.md?p=10) for which the [veteran](/usc/38/3701.md?p=b-2) failed to receive credit or with respect to which the [veteran](/usc/38/3701.md?p=b-2) lost training time, as determined by the [Secretary](/usc/38/4101.md?p=8).

## Source credit

(Added Pub. L. 96–466, title I, § 101(a), Oct. 17, 1980, 94 Stat. 2176, § 1505; amended Pub. L. 99–576, title III, § 333(b)(3), Oct. 28, 1986, 100 Stat. 3279; Pub. L. 101–237, title IV, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3105 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 104–275, title I, § 101(e), Oct. 9, 1996, 110 Stat. 3324; Pub. L. 107–103, title I, § 103(c)(1), Dec. 27, 2001, 115 Stat. 979; Pub. L. 110–389, title III, § 331, Oct. 10, 2008, 122 Stat. 4170; Pub. L. 112–56, title II, § 233(a)(2), Nov. 21, 2011, 125 Stat. 720; Pub. L. 115–407, title I, § 101, Dec. 31, 2018, 132 Stat. 5369; Pub. L. 117–333, § 3(c)(2), Jan. 5, 2023, 136 Stat. 6127.)

## Notes

### Editorial Notes

### Prior Provisions

Prior section 3105 was renumbered section 5305 of this title.

### Amendments

2023—Subsec. (b)(1). Pub. L. 117–333, § 3(c)(2)(A), substituted “paragraphs (2) and (3)” for “paragraph (2)”.

Subsec. (b)(3). Pub. L. 117–333, § 3(c)(2)(B), added par. (3).

2018—Subsec. (e)(2). Pub. L. 115–407 substituted “12304, 12304a, or 12304b” for “or 12304”.

2011—Subsec. (b). Pub. L. 112–56 designated existing provisions as par. (1), substituted “Except as provided in paragraph (2) and in subsection (c)” for “Except as provided in subsection (c) of this section”, and added par. (2).

2008—Subsec. (d). Pub. L. 110–389 substituted “(1) Except as provided in paragraph (2),” for “Unless the Secretary determines that a longer period is necessary and likely to result in a substantial increase in a veteran’s level of independence in daily living,” and added par. (2).

2001—Subsec. (e). Pub. L. 107–103 added subsec. (e).

1996—Subsec. (c)(1). Pub. L. 104–275 substituted “veteran’s current employment” for “veteran’s employment”.

1991—Pub. L. 102–83, § 5(a), renumbered section 1505 of this title as this section.

Subsec. (a). Pub. L. 102–83, § 5(c)(1), substituted “3106(c)” for “1506(c)”.

Subsec. (b). Pub. L. 102–83, § 5(c)(1), substituted “3104(a)(2)” for “1504(a)(2)”.

1989—Pub. L. 101–237 substituted “Secretary” for “Administrator” wherever appearing.

1986—Subsec. (a). Pub. L. 99–576, § 333(b)(3)(A), inserted “currently” after “it”.

Subsec. (b). Pub. L. 99–576, § 333(b)(3)(B), inserted “current” after “of the”.

Subsec. (d). Pub. L. 99–576, § 333(b)(3)(C), inserted “currently” after “goal”.

### Statutory Notes and Related Subsidiaries

### Effective Date of 2011 Amendment

Amendment by Pub. L. 112–56 effective June 1, 2012, and applicable with respect to rehabilitation programs beginning after such date, see section 233(c) of Pub. L. 112–56, set out as a note under section 3102 of this title.

### Effective Date of 2001 Amendment

Amendment by Pub. L. 107–103 effective Sept. 11, 2001, see section 103(e) of Pub. L. 107–103, set out as a note under section 3013 of this title.

### Effective Date

Section effective Apr. 1, 1981, see section 802(a)(1) of Pub. L. 96–466, set out as a note under section 3100 of this title.

### Extension of Time Limitations for Use of Entitlement: Duration of Program

Pub. L. 116–140, § 6(c)(2), Apr. 28, 2020, 134 Stat. 633, which temporarily provided for extended time to participate in counseling and placement and postplacement services and vocational rehabilitation programs, was repealed by Pub. L. 117–333, § 3(f), Jan. 5, 2023, 136 Stat. 6128. See subsec. (b)(3) of this section.