| |
|
|
|
|
| |
| Home >> VA Claims Resources >> VA Claims >> VA General Counsel Precedent Opinions |
VA General Counsel Precedent Opinions |
|
PREC 14-97 Application of 38 U.S.C. § 1151 to Vocational Rehabilitation Program Participants
|
PREC 14-97 Application of 38 U.S.C. § 1151 to Vocational Rehabilitation Program Participants Citation: Vet. Aff. Op. Gen Couns. Prec. 14-97, VAOPGCPREC 14-97, 1997 QUESTION PRESENTED May a work related injury sustained by a veteran who is receiving employment services as part of a “vocational rehabilitation program” under chapter 31 of title 38, United States Code, be considered the result of “pursuit of a course of vocational rehabilitation under chapter 31,” for purposes of entitlement to compensation under 38 U.S.C. § 1151?
CONCLUSION An individual participating in a chapter 31 “vocational rehabilitation program” (as defined in 38 U.S.C. § 3101(9)) is not, solely by virtue of that status, considered in “pursuit of a course of vocational rehabilitation” for purposes of 38 U.S.C. § 1151. The intent of the section 1151 provisions pertinent to this matter is to provide compensation for injuries sustained only as a result of pursuing vocational rehabilitation training to achieve employability, not as a result of engaging in post-training employment. Thus, a chapter 31 “vocational rehabilitation program” participant who is receiving only a period of employment services while engaged in post-training employment is not pursuing “a course of vocational rehabilitation” within the meaning of section 1151 so as to qualify for disability compensation benefits under that section. |
|
|
|
|
|
|
|
|
|
|
|
