38 U.S.C. § 3113
Section 3113 · Vocational rehabilitation for hospitalized members of the Armed Forces and veterans
Amended 5 times on record
Applied in 3 court decisions — leading case Jensen v. Heckler (1985)
Most recently applied in Gurley v. McDonough (January 2022)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
(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.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Editorial Notes
Prior 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 Subsidiaries
Effective 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.