38 U.S.C. § 3113

Vocational rehabilitation for hospitalized members of the Armed Forces and veterans

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(a) Services and assistance may be provided under this chapter to a person described in subparagraphs (A)(ii) and (B) of section 3102(1) of this title who is hospitalized pending discharge from active military, naval, air, or space service. In such cases, no subsistence allowance shall be paid.(b) Services and assistance may be provided under this chapter to a veteran who is receiving care in a Department of Veterans Affairs hospital, nursing home, or domiciliary facility or in any other hospital or medical facility.(Added Pub. L. 96–466, title I, § 101(a), Oct. 17, 1980, 94 Stat. 2181, § 1513; amended Pub. L. 101–237, title IV, § 423(b)(1)(B), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3113 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 103–446, title XII, § 1201(d)(10), Nov. 2, 1994, 108 Stat. 4684; Pub. L. 116–283, div. A, title IX, § 926(a)(43), Jan. 1, 2021, 134 Stat. 3830.)Editorial NotesPrior Provisions

Prior section 3113 was renumbered section 5313 of this title.

Provisions similar to those comprising subsec. (a) of this section were contained in former section 1510 of this title prior to the general revision of this chapter by Pub. L. 96–466.

Amendments

2021—Subsec. (a). Pub. L. 116–283 substituted “air, or space service” for “or air service”.

1994—Subsec. (a). Pub. L. 103–446 substituted “subparagraphs (A)(ii) and (B) of section 3102(1)” for “section 3102(1)(B) and (2)”.

1991—Pub. L. 102–83, § 5(a), renumbered section 1513 of this title as this section.

Subsec. (a). Pub. L. 102–83, § 5(c)(1), substituted “3102(1)(B)” for “1502(1)(B)”.

1989—Subsec. (b). Pub. L. 101–237 substituted “Department of Veterans Affairs” for “Veterans’ Administration”.

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.

Notes of Decisions

Cited in 2 cases, 1985–2009 · leading case: Herbert O. JENSEN, Appellant, v. Margaret HECKLER, Sec'y of Health & Human Servs., Appellee, 766 F.2d 383 (8th Cir. 1985).

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Herbert O. JENSEN, Appellant, v. Margaret HECKLER, Sec'y of Health & Human Servs., Appellee, 766 F.2d 383 (8th Cir. 1985). “In his brief, Jensen argues that he is protected from suspension of his social security disability benefits because of the "grandfather clause” contained in 38 U.S.C. § 3113 , which provides for a suspension of veteran's benefits to incarcerated felons who were convicted after…”

William H. Wanless v. Eric K. Shinseki, 23 Vet. App. 143 (Vet. App. 2009). “7, 1980) (originally under 38 U.S.C. § 3113 ), and the legislative report accompanying the original version of the bill stated the statute’s purpose: We have read in the newspapers where we have some individuals who are serving sentences for murder and other major criminal…”

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