U.S. Code » Title 38 » Part PART III— READJUSTMENT AND RELATED BENEFITS › Chapter CHAPTER 31— TRAINING AND REHABILITATION FOR VETERANS WITH SERVICE-CONNECTED DISABILITIES

38 U.S.C. § 3101

Definitions

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For the purposes of this chapter—(10) 11 So in original. Probably should be “(1)”. The term “emergency situation” has the meaning given such term in section 3601 of this title.(2) The term “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.(3) The term “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.(4) The term “program of education” has the meaning provided in section 3452(b) of this title.(5) The term “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.(6) The term “rehabilitated to the point of employability” means rendered employable in an occupation for which a vocational rehabilitation program has been provided under this chapter.(7) The term “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.(8) The term “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.(9) The term “vocational goal” means a gainful employment status consistent with a veteran’s abilities, aptitudes, and interests.(10) The term “vocational rehabilitation program” includes—(A) the services provided for in this chapter that are needed for the accomplishment of the purposes of this chapter, including such counseling, diagnostic, medical, social, psychological, independent living, economic, educational, vocational, and employment services as are determined by the Secretary to be needed—(i) in the case of a veteran for whom the achievement of a vocational goal has not been determined not to be currently reasonably feasible, (I) to determine whether a vocational goal is reasonably feasible, (II) to improve such veteran’s potential to participate in a program of services designed to achieve a vocational goal, and (III) to enable such veteran to achieve maximum independence in daily living, and(ii) in the case of a veteran for whom the achievement of a vocational goal is determined to be reasonably feasible, to enable such veteran to become, to the maximum extent feasible, employable and to obtain and maintain suitable employment, and(B) the assistance authorized by this chapter for a veteran receiving any of the services described in clause (A) of this paragraph.(Added Pub. L. 96–466, title I, § 101(a), Oct. 17, 1980, 94 Stat. 2172, § 1501; amended Pub. L. 99–576, title III, § 333(b)(1), Oct. 28, 1986, 100 Stat. 3279; Pub. L. 101–237, title IV, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3101 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 104–275, title I, § 101(a), Oct. 9, 1996, 110 Stat. 3323; Pub. L. 117–333, § 3(e)(3)(A), Jan. 5, 2023, 136 Stat. 6128.)Editorial NotesPrior Provisions

Prior section 3101 was renumbered section 5301 of this title.

Amendments

2023—Pub. L. 117–333 added par. (10) defining “emergency situation” after introductory provisions and redesignated former pars. (1) to (9) as (2) to (10), respectively.

1996—Par. (1). Pub. L. 104–275, § 101(a)(1), inserted “, resulting in substantial part from a disability described in section 3102(1)(A) of this title,” after “impairment”.

Par. (6). Pub. L. 104–275, § 101(a)(2), inserted “authorized under section 3120 of this title” after “assistance”.

Par. (7). Pub. L. 104–275, § 101(a)(3), inserted “, resulting in substantial part from a service-connected disability rated at 10 percent or more,” after “impairment”.

1991—Pub. L. 102–83, § 5(a), renumbered section 1501 of this title as this section.

Par. (3). Pub. L. 102–83, § 5(c)(1), substituted “3452(b)” for “1652(b)”.

1989—Pars. (4), (9)(A). Pub. L. 101–237 substituted “Secretary” for “Administrator”.

1986—Pars. (6)(B), (9)(A)(i). Pub. L. 99–576 inserted “currently” after “be”.

Statutory Notes and Related SubsidiariesEffective Date of 1996 Amendment

Pub. L. 104–275, title I, § 101(j), Oct. 9, 1996, 110 Stat. 3325, provided that:“(1) Except as provided in paragraph (2), the amendments made by this section [amending this section and sections 3102 to 3109, 3117, 3118, and 3120 of this title] shall take effect on the date of the enactment of this Act [Oct. 9, 1996].“(2) The amendments made by subsection (a) (other than paragraph (2)) [amending this section], subsection (d) (other than subparagraphs (A) and (B) of paragraph (1)) [amending section 3104 of this title], and subsection (i) [amending section 3120 of this title] shall only apply with respect to claims of eligibility or entitlement to services and assistance (including claims for extension of such services and assistance) under chapter 31 of title 38, United States Code, received by the Secretary of Veterans Affairs on or after the date of the enactment of this Act, including those claims based on original applications, and applications seeking to reopen, revise, reconsider, or otherwise adjudicate or readjudicate on any basis claims for services and assistance under such chapter.”

Effective Date

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

Notes of Decisions
Cited in 222 cases (4 in the last 5 years), 1960–2024 · leading case: Mansell v. Mansell
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Mansell v. Mansell (1989) scotus · cites it 12× “Major Mansell appealed to the California Court of Appeal, Fifth Appellate District, arguing that both the Former Spouses' Protection Act and the anti-attachment clause that protects a veteran's receipt of disability benefits, 38 U. S. C. § 3101 (a) (1982 ed. and Supp.”
Rose v. Rose (1987) scotus · cites it 8× “C Appellant next claims that state-court jurisdiction is pre-empted by 38 U. S. C. § 3101 (a), which provides that "[p]ayments of benefits .”
Adel Elias Alwan v. Aylin Tunc Alwan, n/k/a Aylin Tunc (2019) vactapp · cites it 4× “When Rose was held in contempt for failure to pay his support obligation, he argued that 38 U.S.C. § 3101 (a), which provided that veterans’ benefits could not be subject to attachment, levy, or seizure, pre-empted a state court’s jurisdiction over veterans’ disability benefits…”
American Training Services, Inc. v. Veterans Administration (1977) njd · cites it 13× “This action concerns the applicability of 38 U.S.C. § 3101 (a) (1970), and the amendment thereto in Pub.”
Commonwealth, Cabinet for Health & Family Services v. Ivy (2011) ky · cites it 4× “2d 599 (1987), in which it held that a provision analogous to section 407(a)- 38 U.S.C. § 3101 (a)—shielding veterans' disability benefits from "attachment, levy, or seizure" did not shield a veteran-recipient from a state court contempt action to compel child support.”
Cottle v. Principi (2001) cavc · cites it 5× “However, 38 U.S.C. § 3101 does refer to a VA “vocational rehabilitation program” and defines that rehabilitation program to include: (A) the services provided for in [chapter 31] that are needed for the accomplishment of the purposes of this chapter, including .”
Bacchetta v. Bacchetta (1982) pa · cites it 4× “(6) Veterans' benefits exempt from attachment, levy or seizure pursuant to [ 38 U.S.C. § 3101 ] except for those benefits received by a veteran where such veteran has waived a portion of his military retirement pay in order to receive Veteran's Compensation.”
Ex Parte Burson (1981) tex · cites it 4× “The important fact which distinguishes this case from those cited above is that Burson, after the divorce decree, made an election to forego his Air Force disability benefits and to receive instead the disability benefits from the Veterans Administration.”
Davenport v. Brown (1995) cavc · cites it 4× “” 38 U.S.C. § 3101 (1). B. Regulations When the appellant filed his claim, 38 C.”
Bennett v. Arkansas (1988) scotus · cites it 2× “” Similarly, Shelton- contended that attachment of his VA benefits is inconsistent with 38 U. S. C. § 3101 (a), which provides that such benefits “shall be exempt from the claim of creditors, and shall not be liable to attachment, levy, or seizure by or *397 under any legal or…”
Department of Health and Rehabilitative Services, State of Florida, Plaintiff v. Rachel G. Davis, as Guardian of the Est (1980) ca5 · cites it 3× “or other legal process, ...” 42 U.S.C.A. § 407 . The veterans' statute provides that “[pjayments .”
State Ex Rel. Eastern State Hospital v. Beard (1979) okla · cites it 6× “Clarence E. Beard, Ms. Grings' duly appointed and qualified guardian, was appointed executor of her estate and caused statutory notice to creditors to be published.”
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— 38 U.S.C. § 3101(a) — 5 cases
Adel Elias Alwan v. Aylin Tunc Alwan, n/k/a Aylin Tunc (2019) vactapp “When Rose was held in contempt for failure to pay his support obligation, he argued that 38 U.S.C. § 3101 (a), which provided that veterans’ benefits could not be subject to attachment, levy, or seizure, pre-empted a state court’s jurisdiction over veterans’ disability benefits…”
Campbell v. Campbell (1985) lactapp
Parker v. Parker (1984) pa
Garnishment Under the Child Support Enforcement Act of Compensation Payable by the Department of Veterans Affairs (1989) olc
Hayes v. Administrator, Veterans Administration (1975) okla
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