38 U.S.C. § 3102 — Basic entitlement

(a) Basic entitlement. A person is entitled to a rehabilitation program^* under this chapter if: (1) the person (A)(i) is a veteran^* with a service-connected^* disability rated at least 20 percent, incurred or aggravated in service on or after September 16, 1940; or (ii) is hospitalized or receiving outpatient care for a service-connected disability while awaiting discharge from active military, naval, air, or space service^*, and the Secretary^* finds that (I) the facility is operating under an agreement with the concerned Secretary or under the jurisdiction of the VA Secretary or concerned Secretary, and (II) the disability will likely be compensable at 20 percent or more under chapter 11; and (B) the Secretary finds rehabilitation is needed because of an employment handicap^*; or (2) the person is a veteran with a service-connected disability rated 10 percent, incurred or aggravated on or after that date, and the Secretary finds rehabilitation is needed because of a serious employment handicap^*. (b) Additional programs after unemployment benefits. (1) Except under paragraph (4), a person who completed a program is entitled to an additional program if (A) the person meets (a)(1) or (a)(2); (B) the person has exhausted regular compensation^* rights for a benefit year, has no regular compensation right for the week, and is not receiving Canadian unemployment compensation for that week; and (C) starts the additional program within 6 months after exhaustion. (2) For (1)(B)(i), rights are exhausted when (A) no payment can be made because all compensation based on base-period employment or wages has been received, or (B) rights ended because the benefit year ended. (3) “Compensation,” “regular compensation,” “benefit year,” “State^*,” “State law,” and “week” have the meanings assigned by section 205 of the Federal-State Extended Unemployment Compensation Act of 1970. (4) No additional program is available if the Secretary receives the application after March 31, 2014.