--- kind: "section" citation: "38 U.S.C. § 3106" title: "38" title_heading: "Veterans’ Benefits" number: "3106" heading: "Initial and extended evaluations; determinations regarding serious employment handicap" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/38/3106" units: - "Part III — Readjustment and Related Benefits" - "Chapter 31 — Training and Rehabilitation for Veterans with Service-Connected Disabilities" --- # §3106. Initial and extended evaluations; determinations regarding serious employment handicap - (a) The [Secretary](/usc/38/4101.md?p=8) shall provide any [veteran](/usc/38/3701.md?p=b-2) who has a [service-connected](/usc/38/101.md?p=16) disability rated at 10 percent or more and who applies for [benefits](/usc/38/4303.md?p=2) under this chapter with an initial evaluation consisting of such services described in [section 3104(a)(1) of this title](/usc/38/3104.md?p=a-1) as are necessary (1) to determine whether such [veteran](/usc/38/3701.md?p=b-2) is entitled to and eligible for [benefits](/usc/38/4303.md?p=2) under this chapter, and (2) in the case of a [veteran](/usc/38/3701.md?p=b-2) who is determined to be entitled to and eligible for such [benefits](/usc/38/4303.md?p=2), to determine— - (A) whether such [veteran](/usc/38/3701.md?p=b-2) has a [serious employment handicap](/usc/38/3101.md?p=8), and - (B) whether the achievement of a [vocational goal](/usc/38/3101.md?p=9) currently is reasonably feasible for such [veteran](/usc/38/3701.md?p=b-2) if it is reasonably feasible to make such determination without extended evaluation. - (b) In any case in which the [Secretary](/usc/38/4101.md?p=8) has determined that a [veteran](/usc/38/3701.md?p=b-2) has a [serious employment handicap](/usc/38/3101.md?p=8) and that the achievement of a [vocational goal](/usc/38/3101.md?p=9) currently is reasonably feasible for such [veteran](/usc/38/3701.md?p=b-2), such [veteran](/usc/38/3701.md?p=b-2) shall be provided an individualized written plan of vocational rehabilitation developed under [section 3107(a) of this title](/usc/38/3107.md?p=a). - (c) In any case in which the [Secretary](/usc/38/4101.md?p=8) has determined that a [veteran](/usc/38/3701.md?p=b-2) has a [serious employment handicap](/usc/38/3101.md?p=8) but the [Secretary](/usc/38/4101.md?p=8) is unable to determine, in an initial evaluation pursuant to [subsection (a)](#a) of this section, whether or not the achievement of a [vocational goal](/usc/38/3101.md?p=9) currently is reasonably feasible, such [veteran](/usc/38/3701.md?p=b-2) shall be provided with an extended evaluation consisting of the services described in [section 3104(a)(1) of this title](/usc/38/3104.md?p=a-1), such services under this chapter as the [Secretary](/usc/38/4101.md?p=8) determines necessary to improve such [veteran](/usc/38/3701.md?p=b-2)’s potential for participation in a program of services designed to achieve a [vocational goal](/usc/38/3101.md?p=9) and enable such [veteran](/usc/38/3701.md?p=b-2) to achieve maximum [independence in daily living](/usc/38/3101.md?p=3), and assistance as authorized by [section 3108 of this title](/usc/38/3108.md). - (d) In any case in which the [Secretary](/usc/38/4101.md?p=8) has determined that a [veteran](/usc/38/3701.md?p=b-2) has a [serious employment handicap](/usc/38/3101.md?p=8) and also determines, following such initial and any such extended evaluation, that achievement of a [vocational goal](/usc/38/3101.md?p=9) currently is not reasonably feasible, the [Secretary](/usc/38/4101.md?p=8) shall determine whether the [veteran](/usc/38/3701.md?p=b-2) is capable of participating in a [program of independent living services and assistance](/usc/38/3101.md?p=5) under [section 3120 of this title](/usc/38/3120.md). - (e) The [Secretary](/usc/38/4101.md?p=8) shall in all cases determine as expeditiously as possible whether the achievement of a [vocational goal](/usc/38/3101.md?p=9) by a [veteran](/usc/38/3701.md?p=b-2) currently is reasonably feasible. In the case of a [veteran](/usc/38/3701.md?p=b-2) provided extended evaluation under [subsection (c)](#c) of this section (including any periods of extensions under [section 3105(a) of this title](/usc/38/3105.md?p=a)), the [Secretary](/usc/38/4101.md?p=8) shall make such determination not later than the end of such extended evaluation or period of extension, as the case may be. In determining whether the achievement of a [vocational goal](/usc/38/3101.md?p=9) currently is reasonably feasible, the [Secretary](/usc/38/4101.md?p=8) shall resolve any reasonable doubt in favor of determining that such achievement currently is reasonably feasible. - (f) In connection with each period of extended evaluation of a [veteran](/usc/38/3701.md?p=b-2) and each [rehabilitation program](/usc/38/3101.md?p=7) for a [veteran](/usc/38/3701.md?p=b-2) who is determined to have a [serious employment handicap](/usc/38/3101.md?p=8), the [Secretary](/usc/38/4101.md?p=8) shall assign a Department of Veterans Affairs [employee](/usc/38/4303.md?p=3) to be responsible for the management and followup of the provision of all services (including appropriate coordination of employment assistance under [section 3117 of this title](/usc/38/3117.md)) and assistance under this chapter to such [veteran](/usc/38/3701.md?p=b-2). ## Source credit (Added Pub. L. 96–466, title I, § 101(a), Oct. 17, 1980, 94 Stat. 2176, § 1506; amended Pub. L. 99–576, title III, § 333(b)(4), Oct. 28, 1986, 100 Stat. 3279; Pub. L. 101–237, title IV, § 423(b)(1), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3106 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 103–446, title XII, § 1201(d)(9), Nov. 2, 1994, 108 Stat. 4684; Pub. L. 104–275, title I, § 101(f)(1), Oct. 9, 1996, 110 Stat. 3324.) ## Notes ### Editorial Notes ### Prior Provisions Prior section 3106 was renumbered section 5306 of this title. ### Amendments 1996—Subsec. (a). Pub. L. 104–275, § 101(f)(1)(A), substituted “rated at 10 percent or more” for “described in clause (i) or (ii) of section 3102(1)(A) of this title”. Subsec. (b). Pub. L. 104–275, § 101(f)(1)(B), struck out “counseling in accordance with” before “an individualized written plan”. Subsec. (c). Pub. L. 104–275, § 101(f)(1)(C), substituted “with an extended” for “with extended”. Subsecs. (d) to (f). Pub. L. 104–275, § 101(f)(1)(D), added subsec. (d) and redesignated former subsecs. (d) and (e) as (e) and (f), respectively. 1994—Subsec. (a). Pub. L. 103–446 substituted “clause (i) or (ii) of section 3102(1)(A)” for “section 3102(1)(A) or (B)”. 1991—Pub. L. 102–83, § 5(a), renumbered section 1506 of this title as this section. Subsec. (a). Pub. L. 102–83, § 5(c)(1), substituted “3102(1)(A)” for “1502(1)(A)” and “3104(a)(1)” for “1504(a)(1)” in introductory provisions. Subsec. (b). Pub. L. 102–83, § 5(c)(1), substituted “3107(a)” for “1507(a)”. Subsec. (c). Pub. L. 102–83, § 5(c)(1), substituted “3104(a)(1)” for “1504(a)(1)” and “3108” for “1508”. Subsec. (d). Pub. L. 102–83, § 5(c)(1), substituted “3105(a)” for “1505(a)”. Subsec. (e). Pub. L. 102–83, § 5(c)(1), substituted “3117” for “1517”. 1989—Pub. L. 101–237 substituted “Secretary” and “Department of Veterans Affairs” for “Administrator” and “Veterans’ Administration”, respectively, wherever appearing. 1986—Subsecs. (a)(2)(B), (b) to (d). Pub. L. 99–576 substituted “currently is reasonably feasible” for “is reasonably feasible” wherever appearing. ### Statutory Notes and Related Subsidiaries ### 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.