Page:United States Statutes at Large Volume 98 Part 3.djvu/367

 PUBLIC LAW 98-543—OCT. 24, 1984

98 STAT. 2739

rating that would be applicable to the veteran but for the determination of the veteran's inability to secure or follow a substantially gainful occupation. Any such reduction shall remain in effect for the duration of such failure. "(3)(A) If, after completion of an evaluation under paragraph (1)(B) of this subsection, the Administrator determines that achievement of a vocational goal by the veteran is reasonably feasible, the Administrator shall formulate an individualized written plan of vocational rehabilitation for the veteran under chapter 31 of this title.

38 USC 1500 et

"(B) If the Administrator determines that the veteran has failed seq. to pursue (or to continue to pursue) the vocational rehabilitation program described in such plan, the Administrator shall provide the veteran with notice that, if the veteran fails, for reasons other than those beyond the veteran's control, to initiate or resume pursuit of such program within 60 days after the Administrator provided such notice (or such longer period as the Administrator determines is the shortest period within which it is reasonably feasible for the veteran to initiate or resume pursuit), the Administrator will provide for the results of the evaluation to be considered in the next scheduled review of the veteran's eligibility for a rating of total disability based on inability to secure or follow a substantially gainful occupation. Unless the veteran initiates or resumes such pursuit within such 60 days (or such longer period, if applicable), the Administrator shall provide for such results to be so considered. "(4) This subsection does not apply with respect to a veteran as to whom the Administrator determines that an evaluation of vocational rehabilitation potential or achievement of a vocational goal is not reasonably feasible.". (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: "363. Temporary program for trial work periods and vocational rehabilitation for certain veterans with total disability ratings.".

(b)(1) Not later than April 1, 1985, the Administrator of Veterans' 38 USC 363 note. Affairs shall provide to each veteran described in paragraph (2) a statement providing— (A) information explaining the provisions of section 363(b) of title 38, United States Code (as added by subsection (a)(1)); (B) information explaining the purposes and availability of and eligibility for, and the procedures for pursuing, a vocational rehabilitation program under chapter 31 of such title; and (C) a summary description of the scope of services and assistance available under that chapter. (2)(A) A veteran to whom a statement is to be provided under paragraph (1) is a veteran who has a service-connected disability, or service-connected disabilities, not rated as total but who, as of January 31, 1985, has been awarded a rating of total disability by reason of a determination of inability to secure or follow a substantially gainful occupation as a result of such disability or disabilities. (B) Notice under paragraph (1) need not be provided to a veteran who has a rating of total disability described in subparagraph (A) which is protected by the first sentence of section 110 of title 38, United States Code. (c) Not later than April 15, 1988, the Administrator of Veterans' Report. Affairs shall submit to the Committees on Veterans' Affairs of the 38 USC 363 note. Senate and House of Representatives a report on the results of the

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