38 U.S.C. § 3107

Individualized vocational rehabilitation plan

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(a) 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 (1) a statement of long-range rehabilitation goals for such veteran and intermediate rehabilitation objectives related to achieving such goals, (2) a statement of the specific services (which shall include counseling in all cases) and assistance to 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.(b)(1) 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 participate in each such review.(2) On the basis of such review, the Secretary shall—(A) redevelop such plan with such veteran if the Secretary determines the achievement of the long-range rehabilitation goals for such veteran is—(i) no longer feasible due to changes in the employment handicap of the veteran; and(ii) likelier under a different plan formulated under subsection (a); or(B) disapprove redevelopment of such plan if the Secretary determines such redevelopment is not appropriate.(c)(1) 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.(2) In any case in which a veteran does not agree to such plan as proposed, to such plan as redeveloped, or to the disapproval of redevelopment of such plan, such veteran may submit to 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.(3) 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 than 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 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 than 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; Pub. L. 119–72, § 2, Jan. 20, 2026, 139 Stat. 2001.)Editorial NotesPrior Provisions

Prior section 3107 was renumbered section 5307 of this title.

Amendments

2026—Subsec. (b). Pub. L. 119–72 designated existing provisions as par. (1), struck out at end “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.”, and added par. (2).

1996—Subsec. (c)(2). Pub. L. 104–275 substituted “3106(f)” for “3106(e)”.

1991—Pub. L. 102–83, § 5(a), renumbered section 1507 of this title as this section.

Subsecs. (a), (c)(2). Pub. L. 102–83, § 5(c)(1), substituted “3106(b)” for “1506(b)” in subsec. (a) and “3106(e)” for “1506(e)” in subsec. (c)(2).

1989—Subsecs. (a), (b), (c)(3). Pub. L. 101–237 substituted “Secretary” for “Administrator” wherever appearing.

Statutory Notes and Related SubsidiariesEffective 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.

Individualized Written Plans and Extensions of Eligibility and Vocational Rehabilitation Program Periods for Veterans in Programs on March 31, 1981

Pub. L. 96–466, title I, § 101(d), Oct. 17, 1980, 94 Stat. 2186, provided that with respect to veterans participating in a program of vocational rehabilitation under this chapter on Mar. 31, 1981, individualized written plans of vocational rehabilitation were to be formulated under this section as determined by Administrator, and authorized extensions of periods of vocational rehabilitation without regard to 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 veterans pursuing a program of vocational rehabilitation training under this chapter in the same manner as former section 1507 of this title applied to veterans pursuing such a program under this chapter on Sept. 30, 1980, see section 802(a)(4) of Pub. L. 96–466, set out as an Effective Date note under section 3100 of this title.

Notes of Decisions

Cited in 13 cases, 1970–2019 · leading case: Rose v. Rose, 481 U.S. 619 (1987).

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Rose v. Rose, 481 U.S. 619 (1987). · cites it 9× “Section 3107(a)(2) provides: "All or any part of the compensation .”

Adel Elias Alwan v. Aylin Tunc Alwan, n/k/a Aylin Tunc, 830 S.E.2d 45 (Va. Ct. App. 2019). · cites it 2× “38 U.S.C. § 3107 (a)(2) “gives the Administrator of Veterans’ Affairs discretionary authority to apportion disability compensation on behalf of a veteran’s children.”

Vets. for Common Sense v. Eric K. Shinseki, 644 F.3d 845 (9th Cir. 2011). · cites it 2× “” 38 U.S.C. § 3107 (c)(3). Later sections that refer to § 511 shed further light on the meaning of “decisions” as “individual determinations.”

State v. Wallace, 651 P.2d 201 (Wash. 1982). · cites it 5× “The Court of Appeals found availability by relying on 38 U.S.C. § 3107 (1976), which deals with apportionment of Veterans Administration benefits, and by relying on the general proposition that a husband must support his wife and children.”

Hugh Whaley v. Richard S. Schweiker, Sec'y of Health & Human Servs., 663 F.2d 871 (9th Cir. 1981). “38 U.S.C. § 3107 (b); 38 C.F.R. § 3.452 (1980).”

Venita Tsosie v. Joseph A. Califano, Jr., Sec'y of Health, Educ. & Welfare, 651 F.2d 719 (10th Cir. 1981). “38 U.S.C. § 3107 (b); 38 C.F.R. § 3.450 (a)(2).”

Matter of Est. of Patterson, 805 P.2d 401 (Ariz. Ct. App. 1991). “See 38 U.S.C. § 3107 (a)(2). The Administrator is authorized to approve such apportionment if "the veteran is not reasonably discharging his or her responsibility for the .”

Loving v. Sterling, 680 A.2d 1030 (D.C. 1996). · cites it 2× “In support of his argument, Loving cites 38 U.S.C. § 3107 (a)(2) (recodified as 38 U.”

Dye v. White, 1999 OK CIV APP 20 (Okla. Civ. App. 1999). “In Rose, the Supreme Court held that an apportionment statute ( 38 U.S.C. § 3107 (a)(2)) which gave the Veterans’ Administration discretion to apportion benefits for a veteran’s children did not preempt state child support statutes.”

Sturgell v. Creasy, 640 F.2d 843 (6th Cir. 1981). “Unlike 38 U.S.C. § 3107 , which specifically authorizes apportionment of a VA pension if the veteran is hospitalized, institutionalized, or under domiciliary care of the United States if he is not living with his wife or if his children are not in his custody, the tables upon…”

Martin v. Martin, 270 A.2d 141 (D.C. 1970). “Thereafter, the wife requested the Veterans Administration to pay her a portion of his disability benefits pursuant to 38 U.S.C. § 3107 (a) (1964). 2 The Veterans Administration, pursuant to statute, 38 U.”

Vets. for Common Sense v. Shinseki, 663 F.3d 1033 (9th Cir. 2011). “” 38 U.S.C. § 3107 (c)(3). Later sections that refer to § 511 shed further light on the meaning of “decisions” as “individual determinations.”

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— 38 U.S.C. § 3107(a)(2) — 1 case

Adel Elias Alwan v. Aylin Tunc Alwan, n/k/a Aylin Tunc, 830 S.E.2d 45 (Va. Ct. App. 2019). “38 U.S.C. § 3107 (a)(2) “gives the Administrator of Veterans’ Affairs discretionary authority to apportion disability compensation on behalf of a veteran’s children.”

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