cfr_sections
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597 rows where part_number = 21 and title_number = 38 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 38:38:2.0.1.1.6.1.188.1 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.1 Training and rehabilitation for veterans with service-connected disabilities. | VA | [49 FR 40814, Oct. 18, 1984; 50 FR 9622, Mar. 11, 1985] | (a) Purposes. The purposes of this program are to provide to eligible veterans with compensable service-connected disabilities all services and assistance necessary to enable them to achieve maximum independence in daily living and, to the maximum extent feasible, to become employable and to obtain and maintain suitable employment. (b) Basic requirements. Before a service-disabled veteran may receive training and rehabilitation services under Chapter 31, Title 38 U.S.C., three basic requirements must be met: (1) The Department of Veterans Affairs must first find that the veteran has basic entitlement to services as prescribed by § 21.40. (2) The services necessary for training and rehabilitation must be identified by the Department of Veterans Affairs and the veteran. (3) An individual written plan must be developed by the Department of Veterans Affairs and the veteran describing the goals of the program and the means through which these goals will be achieved. | ||||
| 38:38:2.0.1.1.6.1.189.2 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.21 Election of benefits under education programs administered by the Department of Veterans Affairs. | VA | [53 FR 880, Jan. 14, 1988, as amended at 57 FR 57108, Dec. 3, 1992] | (a) Election of benefits required. A veteran must make an election of benefits among the programs of education administered by VA for which he or she may be eligible. A veteran who has basic entitlement to rehabilitation under chapter 31 and is also eligible for assistance under any of the other education programs administered by VA must make an election of benefits between chapter 31 and any other VA program of education for which he or she may be eligible. The veteran may reelect at any time if he or she is otherwise eligible. (See §§ 21.264 and 21.334.) (b) Use of prior training in formulating a rehabilitation program. If a veteran has pursued an educational or training program under an education program listed in § 21.4020 of this part, the earlier program of education or special restorative training shall be utilized to the extent practicable. | ||||
| 38:38:2.0.1.1.6.1.189.3 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.22 Nonduplication—Federal programs. | VA | [49 FR 40814, Oct. 18, 1984, as amended at 54 FR 4283, Jan. 30, 1989; 57 FR 57108, Dec. 3, 1992] | (a) Allowances. A service-disabled veteran who is eligible for benefits under Chapter 31, may not receive a subsistence allowance or elect payment of an allowance at the educational assistance rate under Chapter 30 pursuant to § 21.264 if the veteran: (1) Is on active duty and is pursuing a course of education which is being paid for by the Armed Forces (or by the Department of Health and Human Services in the case of the Public Health Service), or (2) Is attending a course of education or training paid for under Chapter 41, Title 5 U.S.C. and whose full salary is being paid to such veteran while so training. (b) Services which may be authorized. A service-disabled veteran who is in one of the two categories defined in paragraph (a) of this section is entitled to receive all benefits, other than an allowance, to which he or she is otherwise entitled under Chapter 31, including: (1) Payment of any tuition and fees not paid for by the Armed Forces. (2) The cost of special services, such as reader services, tutorial assistance, and special equipment during the period of such training. | ||||
| 38:38:2.0.1.1.6.1.190.4 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.30 Claims. | VA | A specific claim in the form prescribed by the Department of Veterans Affairs must be filed for: (a) A program of rehabilitation services, or (b) Employment assistance. | |||||
| 38:38:2.0.1.1.6.1.190.5 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.31 Informal claim. | VA | Any communication or action indicating an intent to apply for rehabilitation or employment assistance, from a veteran, a duly authorized representative, or a Member of Congress may be considered an informal claim. Upon receipt of an informal claim, if a formal claim has not been filed, an application form will be forwarded to the veteran for execution. In the case of a claim for rehabilitation, or employment assistance, the formal claim will be considered filed as of the date of receipt of the informal claim if received within 1 year from the date it was sent to the veteran, or before cessation of the course, whichever is earlier. | |||||
| 38:38:2.0.1.1.6.1.190.6 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.32 Notification by VA of necessary information or evidence when a claim is filed; time for claimant response and VA action. | VA | [74 FR 31855, July 6, 2009] | The provisions of this section apply to claims that are governed by this subpart or subpart M of this part. (a) VA has a duty to notify claimants of necessary information or evidence. Except when a claim cannot be substantiated because there is no legal basis for the claim, or undisputed facts render the claimant ineligible for the claimed benefit, when VA receives a complete or substantially complete application for vocational rehabilitation benefits and services provided under this subpart or subpart M of this part VA will: (1) Notify the claimant of any information and evidence that is necessary to substantiate the claim; (2) Inform the claimant which information and evidence, if any, the claimant is to provide to VA and which information and evidence, if any, VA will try to obtain for the claimant; and (3) Inform the claimant of the time limit, as provided in paragraph (c) of this section, for responding to VA's notification, and of actions, as provided in paragraph (d) of this section, that VA may take to decide the claim if the claimant does not respond to such notification within 30 days. (b) Definitions for purposes of §§ 21.32 and 21.33. For purposes of this section and § 21.33: (1) The term application does not include a notice of disagreement. (2) The term notification means the notice described in paragraph (a) of this section. (3) The term substantially complete application means, for an individual's first application for vocational rehabilitation benefits and services administered by VA, an application containing: (i) The claimant's name; (ii) His or her relationship to the veteran, if applicable; (iii) Sufficient information for VA to verify the claimed service, if applicable; and (iv) The benefit claimed. (4) The term information means nonevidentiary facts, such as the claimant's Social Security number or address, or the name of the educational institution the claimant is attending. (c) Time limit. Any information and evidence described in the notification as informatio… | ||||
| 38:38:2.0.1.1.6.1.190.7 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.33 VA has a duty to assist claimants in obtaining evidence. | VA | [74 FR 31856, July 6, 2009] | The provisions of this section apply to claims that are governed by this subpart or subpart M of this part. (a) VA's duty to assist begins when VA receives a complete or substantially complete application. (1) Except as provided in paragraph (d) of this section, upon receipt of a complete or substantially complete application for vocational rehabilitation benefits and services under this subpart or subpart M of this part, VA will: (i) Make reasonable efforts to help a claimant obtain evidence necessary to substantiate the claim; and (ii) Give the assistance described in paragraphs (b) and (c) of this section to an individual attempting to reopen a finally decided claim. (2) VA will not pay any fees a custodian of records may charge to provide the records VA requests. (b) Obtaining records not in the custody of a Federal department or agency. (1) VA will make reasonable efforts to obtain relevant records not in the custody of a Federal department or agency. These records include relevant records from: (i) State or local governments; (ii) Private medical care providers; (iii) Current or former employers; and (iv) Other non-Federal governmental sources. (2) The reasonable efforts described in paragraph (b)(1) of this section will generally consist of an initial request for the records and, if VA does not receive the records, at least one follow-up request. The following are exceptions to this provision concerning the number of requests that VA generally will make: (i) VA will not make a follow-up request if a response to the initial request indicates that the records sought do not exist or that a follow-up request for the records would be futile. (ii) If VA receives information showing that subsequent requests to this or another custodian could result in obtaining the records sought, reasonable efforts will include an initial request and, if VA does not receive the records, at least one follow-up request to the new source or an additional request to the original source. (3) The claimant must coopera… | ||||
| 38:38:2.0.1.1.6.1.191.8 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.35 Definitions. | VA | [49 FR 40814, Oct. 18, 1984; 50 FR 9622, Mar. 11, 1985, as amended at 53 FR 50956, Dec. 19, 1988; 62 FR 17707, Apr. 11, 1997; 87 FR 8742, Feb. 16, 2022] | (a) Employment handicap. This term means an impairment of a veteran's ability to prepare for, obtain, or retain employment consistent with such veteran's abilities, aptitudes, and interests. (b) Independence in daily living. This term means the ability of a veteran, without the service of others, or with a reduced level of the services of others, to live and function within such veteran's family and community. (c) Program of education. This term means: (1) A combination of subjects or unit courses pursued at a school which is generally acceptable to meet requirements for a predetermined educational, professional or vocational objective; or (2) Such subjects or courses which are generally acceptable to meet requirements for more than one objective if all objectives pursued are generally recognized as being related to a single career field; or (3) Any unit course or subject, or combination of courses or subjects, pursued by an eligible veteran at any educational institution required by the Administrator of the Small Business Administration as a condition to obtaining financial assistance under the provisions of section (7)(i)(1) of the Small Business Act. (d) Program of independent living services and assistance. This term includes: (1) The services provided in this program that are needed to enable a veteran to achieve maximum independence in daily living, including counseling, diagnostic, medical, social, psychological, and educational services determined by the Department of Veterans Affairs to be necessary, and (2) The monthly allowance authorized by 38 U.S.C. Chapter 31 for such a veteran. (e) Rehabilitated to the point of employability. This term means that the veteran is employable in an occupation for which a vocational rehabilitation program has been provided under this program (f) Rehabilitation program. This term includes, when appropriate: (1) A vocational rehabilitation program (see paragraph (i) of this section); (2) A program of independent living services and assistance (see … | ||||
| 38:38:2.0.1.1.6.1.192.9 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.40 Basic entitlement to vocational rehabilitation benefits and services. | VA | [75 FR 3164, Jan. 20, 2010] | An individual meets the basic entitlement criteria for vocational rehabilitation benefits and services under this subpart if VA determines that he or she meets the requirements of paragraph (a), (b), (c), or (d) of this section. For other requirements affecting the provision of vocational rehabilitation benefits and services, see §§ 21.41 through 21.46 (period of eligibility), § 21.53 (reasonable feasibility of achieving a vocational goal), and §§ 21.70 through 21.79 (months of entitlement). (a) Veterans with at least 20 percent disability. The individual is a veteran who meets all of the following criteria: (1) Has a service-connected disability or combination of disabilities rated 20 percent or more under 38 U.S.C. chapter 11. (2) Incurred or aggravated the disability or disabilities in active military, naval, or air service on or after September 16, 1940. (3) Is determined by VA to be in need of rehabilitation because of an employment handicap. (b) Veterans with 10 percent disability. The individual is a veteran who meets all of the following criteria: (1) Has a service-connected disability or combination of disabilities rated less than 20 percent under 38 U.S.C. chapter 11. (2) Incurred or aggravated the disability or disabilities in active military, naval, or air service on or after September 16, 1940. (3) Is determined by VA to be in need of rehabilitation because of a serious employment handicap. (c) Servicemembers awaiting discharge. The individual is a servicemember who, while waiting for discharge from the active military, naval, or air service, is hospitalized, or receiving outpatient medical care, services, or treatment, for a disability that VA will likely determine to be service-connected. In addition, VA must have determined that: (1) The hospital or other medical facility providing the hospitalization, care, service, or treatment is doing so under contract or agreement with the Secretary concerned, or is under the jurisdiction of the Secretary of Veterans Affairs or the Secretary… | ||||
| 38:38:2.0.1.1.6.1.193.10 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.41 Basic period of eligibility. | VA | [75 FR 3166, Jan. 20, 2010] | (a) Time limit for eligibility to receive vocational rehabilitation. (1) For purposes of §§ 21.41 through 21.46, the term basic period of eligibility means the 12-year period beginning on the date of a veteran's discharge or release from his or her last period of active military, naval, or air service, and ending on the date that is 12 years from the veteran's discharge or release date, but the beginning date may be deferred or the ending date extended under the sections referred to in paragraph (b) of this section. ( See §§ 21.70 through 21.79 concerning duration of rehabilitation programs.) (2) Except as provided in paragraph (b) or (c) of this section, the period during which an individual may receive a program of vocational rehabilitation benefits and services under 38 U.S.C. chapter 31 is limited to his or her basic period of eligibility. (b) Deferral and extension of the basic period of eligibility. VA may defer the beginning date of a veteran's basic period of eligibility under § 21.42. VA may extend the ending date of a veteran's basic period of eligibility under § 21.42 (extension due to medical condition); § 21.44 (extension for a veteran with a serious employment handicap), § 21.45 (extension during a program of independent living services and assistance), and § 21.46 (extension for a veteran recalled to active duty). (c) Servicemember entitled to vocational rehabilitation services and assistance before discharge. The basic period of eligibility for a servicemember who is entitled to vocational rehabilitation services and assistance under 38 U.S.C. chapter 31 for a period before discharge does not run while the servicemember remains on active duty, but begins on the date of discharge from the active military, naval, or air service. The period of eligibility requirements of this section are not applicable to provision of vocational rehabilitation services and assistance under chapter 31 during active duty. | ||||
| 38:38:2.0.1.1.6.1.193.11 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.42 Deferral or extension of the basic period of eligibility. | VA | [75 FR 3166, Jan. 20, 2010, as amended at 87 FR 8742, Feb. 16, 2022] | The basic period of eligibility does not run as long as any of the following reasons prevents the veteran from commencing or continuing a vocational rehabilitation program: (a) Qualifying compensable service-connected disability(ies) not established. The basic period of eligibility does not commence until the day VA notifies a veteran of a rating determination by VA that the veteran has a qualifying compensable service-connected disability under § 21.40. (b) Character of discharge is a bar to benefits. (1) The basic period of eligibility does not commence until the veteran meets the requirement of a discharge or release under conditions other than dishonorable. (For provisions regarding character of discharge, see § 3.12 of this chapter.) (2) If VA has considered a veteran's character of discharge to be a bar to benefits, the basic period of eligibility commences only when one of the following happens: (i) An appropriate authority changes the character of discharge or release; or (ii) VA determines that the discharge or release was under conditions other than dishonorable or that the discharge or release was, but no longer is, a bar to benefits. (3) If there is a change in the character of discharge, or the discharge or release otherwise is determined, as provided in paragraph (b)(2) of this section, not to be a bar to benefits, the beginning date of the basic period of eligibility will be the effective date of the change or VA determination. (c) Commencement or continuation of participation prevented by medical condition(s). (1) The basic period of eligibility does not run during any period when a veteran's participation in a Veteran Readiness and Employment (VR&E) program is determined to be infeasible for 30 days or more because of any medical condition(s) of the veteran, including the disabling effects of chronic alcoholism (see paragraphs (c)(2) through (c)(5) of this section). (2) For purposes of this section, the term disabling effects of chronic alcoholism means alcohol-induced physical or… | ||||
| 38:38:2.0.1.1.6.1.193.12 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.44 Extension of the basic period of eligibility for a veteran with a serious employment handicap. | VA | [75 FR 3166, Jan. 20, 2010] | (a) Conditions for extension. A Counseling Psychologist (CP) or Vocational Rehabilitation Counselor (VRC) may extend the basic period of eligibility of a veteran with a serious employment handicap when the veteran's current employment handicap and need for rehabilitation services and assistance necessitate an extension under the following conditions: (1) Not rehabilitated to the point of employability. The veteran has not been rehabilitated to the point of employability; or (2) Rehabilitated to the point of employability. The veteran was previously declared rehabilitated to the point of employability, but currently meets one of the following three conditions: (i) One or more of the veteran's service-connected disabilities has worsened, preventing the veteran from working in the occupation for which he or she trained, or in a related occupation; (ii) The veteran's current employment handicap and capabilities clearly show that the occupation for which the veteran previously trained is currently unsuitable; or (iii) The occupational requirements in the occupation for which the veteran trained have changed to such an extent that additional services are necessary to enable the veteran to work in that occupation, or in a related field. (b) Length of eligibility extension. For a veteran with a serious employment handicap, a CP or VRC may extend the basic period of eligibility for such additional period as the CP or VRC determines is needed for the veteran to accomplish the purposes of his or her individualized rehabilitation program. | ||||
| 38:38:2.0.1.1.6.1.193.13 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.45 Extending the period of eligibility for a program of independent living beyond basic period of eligibility. | VA | [75 FR 3166, Jan. 20, 2010] | A Counseling Psychologist (CP) or Vocational Rehabilitation Counselor (VRC) may extend the period of eligibility for a veteran's program of independent living services beyond the veteran's basic period of eligibility if the CP or VRC determines that an extension is necessary for the veteran to achieve maximum independence in daily living. The extension may be for such period as the CP or VRC determines is needed for the veteran to achieve the goals of his or her program of independent living. ( See § 21.76(b) concerning duration of independent living services.) | ||||
| 38:38:2.0.1.1.6.1.193.14 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.46 Veteran ordered to active duty; extension of basic period of eligibility. | VA | [75 FR 3168, Jan. 20, 2010] | If VA determines that a veteran is prevented from participating in, or continuing in, a program of vocational rehabilitation as a result of being ordered to active duty under 10 U.S.C. 688, 12301(a), 12301(d), 12301(g), 12302, or 12304, the veteran's basic period of eligibility will be extended by the length of time the veteran serves on active duty plus 4 months. | ||||
| 38:38:2.0.1.1.6.1.193.15 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.47 Eligibility for employment assistance. | VA | [54 FR 21215, May 17, 1989, as amended at 56 FR 15836, Apr. 18, 1991; 75 FR 3165, Jan. 20, 2010] | (a) Providing employment services to veterans eligible for a rehabilitation program under chapter 31. Each veteran, other than one found in need of a program of independent living services and assistance, who is otherwise currently eligible for and entitled to participate in a program of rehabilitation under chapter 31 may receive employment services. Included are those veterans who: (1) Have completed a program of rehabilitation services under chapter 31 and been declared rehabilitated to the point of employability; (2) Have not completed a period of rehabilitation to the point of employability under chapter 31, but: (i) Have elected to secure employment without completing the period of rehabilitation to the point of employability; and (ii) Are employable; or (3) Have never received services for rehabilitation to the point of employability under chapter 31 if they: (i) Are employable or employed in a suitable occupation; (ii) Have an employment handicap or a serious employment handicap; and (iii) Need employment services to secure and/or maintain suitable employment. (b) Veteran previously participated in a VA vocational rehabilitation program or a similar program under the Rehabilitation Act of 1973, as amended. A veteran who at some time in the past has participated in a vocational rehabilitation program under chapter 31 or a similar program under the Rehabilitation Act of 1973 as amended, and is employable is eligible for employment services under the following conditions even though he or she is ineligible for any other assistance under chapter 31: (1) The veteran is employable in a suitable occupation; (2) The veteran has filed a claim for vocational rehabilitation or employment assistance; (3) The veteran meets the criteria for eligibility described in § 21.40; and (4) The veteran has an employment handicap or serious employment handicap; and (5) The veteran: (i) Completed a vocational rehabilitation program under 38 U.S.C. ch. 31 or participated in such a program for at least 90 days on… | ||||
| 38:38:2.0.1.1.6.1.193.16 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.48 Severance of service-connection—reduction to noncompensable degree. | VA | When a rating action is taken which proposes severance of service-connection or reduction to a noncompensable degree, the provisions of the following paragraphs will govern the veteran's entitlement to rehabilitation and employment assistance under 38 U.S.C. Chapter 31. (a) Applicant. If the veteran is an applicant for rehabilitation or employment assistance when the proposed rating action is taken, all processes respecting determination of entitlement or induction into training shall be immediately suspended. In no event shall any veteran be inducted into a rehabilitation program or provided employment assistance during the interim periods provided in § 3.105 (d) and (e) of this title. If the proposed rating action becomes final, the application will be denied. See also § 21.50 as to initial evaluation. (b) Reduction while in a rehabilitation program. If the proposed rating action is taken while the veteran is in a rehabilitation program and results in a reduction to a noncompensable rating of his or her disability, the veteran may be retained in the program until the completion of the program, except if “discontinued” under § 21.198 he or she may not reenter. (c) Severance while in a rehabilitation program. If the proposed rating action is taken while the veteran is in a rehabilitation program and results in severance of the service-connection of his or her disability, rehabilitation will be terminated effective as of the last day of the month in which severance of service-connection becomes final. | |||||
| 38:38:2.0.1.1.6.1.194.17 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.50 Initial evaluation. | VA | [72 FR 14042, Mar. 26, 2007, as amended at 75 FR 3165, Jan. 20, 2010] | (a) Entitlement to an initial evaluation. VA will provide an initial evaluation to an individual who: (1) Applies for benefits under 38 U.S.C. chapter 31; and (2) Meets the service-connected disability requirements of § 21.40. (b) Determinations to be made by VA during the initial evaluation. A counseling psychologist (CP) or vocational rehabilitation counselor (VRC) will determine: (1) Whether the individual has an employment handicap as determined in accordance with this section and § 21.51; (2) Whether an individual with an employment handicap has a serious employment handicap as determined in accordance with this section and § 21.52; and (3) Whether the achievement of a vocational goal is currently reasonably feasible as described in § 21.53. (c) Factors for assessment as part of the initial evaluation. In making the determinations under paragraph (b) of this section, the following factors will be developed and assessed: (1) The handicapping effects of the individual's service-connected and nonservice-connected disability(ies) on employability and on independence in daily living; (2) The individual's physical and mental capabilities that may affect employability and ability to function independently in daily living activities in family and community; (3) The impact of the individual's identified vocational impairments on the individual's ability to prepare for, obtain, and keep suitable employment; (4) The individual's abilities, aptitudes, and interests; (5) The individual's personal history and current circumstances (including educational and training achievements, employment record, developmental and related vocationally significant factors, and family and community adjustment); and (6) Other factors that may affect the individual's employability. (d) Need for cooperation in the initial evaluation process. The individual's cooperation is essential in the initial evaluation process. If the individual does not cooperate, the CP or VRC will make reasonable efforts to secure the individua… | ||||
| 38:38:2.0.1.1.6.1.194.18 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.51 Determining employment handicap. | VA | [72 FR 14042, Mar. 26, 2007] | For the purposes of § 21.50, an employment handicap will be found to exist only if a CP or VRC determines that the individual meets each of the following conditions: (a) Vocational impairment. The individual has a vocational impairment; that is, an impairment of the ability to prepare for, obtain, or keep employment in an occupation consistent with his or her abilities, aptitudes, and interests. (b) Effects of impairment not overcome. The individual has not overcome the effects of the individual's impairment of employability through employment in, or qualifying for employment in, an occupation consistent with his or her abilities, aptitudes, and interests. This situation includes an individual who qualifies for a suitable job, but who does not obtain or keep the job for reasons beyond his or her control. (c) Contribution of the service-connected disability(ies) to the individual's overall vocational impairment. (1) Except as provided in paragraph (c)(3) of this section, the service-connected disability(ies) must contribute in substantial part to the individual's overall vocational impairment. This means that the disability(ies) must have an identifiable, measurable, or observable causative effect on the overall vocational impairment, but need not be the sole or primary cause of the employment handicap. (2) When determining the individual's overall vocational impairment, the CP or VRC will consider the factors identified in § 21.50(c). (3) For determinations made on applications for vocational rehabilitation filed on or after March 30, 1995, but before October 9, 1996, the individual's service-connected disability(ies) need not contribute to the individual's overall vocational impairment. | ||||
| 38:38:2.0.1.1.6.1.194.19 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.52 Determining serious employment handicap. | VA | [72 FR 14043, Mar. 26, 2007] | (a) Requirements for determining serious employment handicap. For each individual who is found to have an employment handicap, a CP or VRC must make a separate determination of whether the individual has a serious employment handicap. For the purposes of an initial evaluation under § 21.50, a serious employment handicap will be found to exist only if a CP or VRC determines that the individual meets each of the following conditions: (1) Significant vocational impairment. The individual has a significant vocational impairment; that is, a significant impairment of the ability to prepare for, obtain, or keep employment in an occupation consistent with his or her abilities, aptitudes, and interests, considering the factors described in § 21.50 and paragraph (b) of this section. (2) Effects of significant impairment not overcome. The individual has not overcome the effects of the significant vocational impairment through employment in, or qualifying for employment in, an occupation consistent with his or her abilities, aptitudes, and interests. This includes an individual who qualifies for a suitable job, but who does not obtain or keep the job for reasons beyond his or her control. (3) Contribution of the service-connected disability(ies) to the individual's overall significant vocational impairment. (i) Except as provided in paragraph (a)(3)(ii) of this section, the service-connected disability(ies) must contribute in substantial part to the individual's overall significant vocational impairment. This means that the disability(ies) must have an identifiable, measurable, or observable causative effect on the overall significant vocational impairment, but need not be the sole or primary cause of the serious employment handicap. (ii) For determinations made on applications for vocational rehabilitation filed on or after March 30, 1995, but before October 9, 1996, the individual's service-connected disability(ies) need not contribute to the individual's overall significant vocational impairment. (b) Factors… | ||||
| 38:38:2.0.1.1.6.1.194.20 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.53 Reasonable feasibility of achieving a vocational goal. | VA | [49 FR 40814, Oct. 18, 1984, as amended at 53 FR 50956, Dec. 19, 1988; 54 FR 37332, Sept. 8, 1989; 81 FR 26131, May 2, 2016; 87 FR 8742, Feb. 16, 2022] | (a) Requirement. The Department of Veterans Affairs shall determine the reasonable feasibility of achieving a vocational goal in each case in which a veteran has either: (1) An employment handicap, or (2) A serious employment handicap. (b) Definition. The term vocational goal means a gainful employment status consistent with the veteran's abilities, aptitudes, and interests. (c) Expeditious determination. The determination of reasonable feasibility shall be made as expeditiously as possible when necessary information has been developed in the course of initial evaluation. If an extended evaluation is necessary as provided in § 21.57 a decision of feasibility shall be made by the end of the extended evaluation. Any reasonable doubt shall be resolved in favor of a finding of feasibility. (d) Vocational goal is reasonably feasible. Achievement of a vocational goal is reasonably feasible for a veteran with either an employment or serious employment handicap when the following conditions are met: (1) Vocational goal(s) has (have) been identified; (2) The veteran's physical and mental conditions permit training for the goal(s) to begin within a reasonable period; and (3) The veteran: (i) Possesses the necessary educational skills and background to pursue the vocational goal; or (ii) Will be provided services by the Department of Veterans Affairs to develop such necessary educational skills as part of the program. (e) Criteria for reasonable feasibility not met. (1) When VA finds that the provisions of paragraph (d) of this section are not met, but VA has not determined that achievement of a vocational goal is not currently reasonably feasible, VA shall provide the rehabilitation services contained in § 21.35(i)(1)(i) of this part as appropriate; (2) A finding that achievement of a vocational goal is infeasible without a period of extended evaluation requires compelling evidence which establishes infeasibility beyond any reasonable doubt. (f) Independent living services. The Counseling Psychol… | ||||
| 38:38:2.0.1.1.6.1.194.21 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.57 Extended evaluation. | VA | [49 FR 40814, Oct. 18, 1984, as amended at 53 FR 50956, Dec. 19, 1988; 54 FR 37332, Sept. 8, 1989; 62 FR 17707, Apr. 11, 1997; 81 FR 26131, May 2, 2016; 87 FR 8742, Feb. 16, 2022] | (a) Purpose. The purpose of an extended evaluation for a veteran with a serious employment handicap is to determine the current feasibility of the veteran achieving a vocational goal, when this decision reasonably cannot be made on the basis of information developed during the initial evaluation. (b) Scope of services. During the extended evaluation, a veteran may be provided: (1) Diagnostic and evaluative services; (2) Services to improve his or her ability to attain a vocational goal; (3) Services to improve his or her ability to live and function independently in the community; (4) An allowance as provided in § 21.260. (c) Determination. (1) The determination of the reasonable feasibility of a veteran achieving a vocational goal will be made at the earliest time possible during an extended evaluation, but not later than the end of the period of evaluation, or an extension of that period. Any reasonable doubt as to feasibility will be resolved in the veteran's favor; (2) When it is reasonably feasible for the veteran to achieve a vocational goal, an individualized written rehabilitation plan (IWRP) will be developed as indicated in § 21.84 of this part. (d) Responsibility for determining the need for a period of extended evaluation. A Counseling Psychologist (CP) or Vocational Rehabilitation Counselor (VRC) in the Veteran Readiness and Employment (VR&E) Division shall determine whether a period of extended evaluation is needed. | ||||
| 38:38:2.0.1.1.6.1.194.22 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.58 Redetermination of employment handicap and serious employment handicap. | VA | (a) Prior to induction into a program. A determination as to employment handicap, serious employment handicap, or eligibility for a program of employment services will not be changed except for: (1) Unmistakable error in fact or law; or (2) New and material evidence which justifies a change. (b) After induction into a program. (1) The Department of Veterans Affairs will not redetermine a finding of employment handicap, serious employment handicap, or eligibility for a program of employment services subsequent to the veteran's induction into a program because of a reduction in his or her disability rating, including a reduction to 0 percent: (2) The Department of Veterans Affairs may consider whether a finding of employment handicap should be changed to serious employment handicap when there is an increase in the degree of service-connected disability, or other significant change in the veteran's situation; (3) A redetermination of employment handicap, serious employment handicap, or eligibility for a program of employment services will be made when there is a clear and unmistakable error of fact or law. (c) Following rehabilitation or discontinuance. A veteran's eligibility and entitlement to assistance must be redetermined in any case in which: (1) The veteran is determined to be rehabilitated to the point of employability under the provisions of § 21.190; (2) The veteran is determined to meet the requirements for rehabilitation under the provisions of § 21.196; or (3) The veteran's program is discontinued under the provisions of § 21.198, except as described in § 21.198(c)(3). | |||||
| 38:38:2.0.1.1.6.1.195.23 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.60 Vocational Rehabilitation Panel. | VA | [49 FR 40814, Oct. 18, 1984, as amended at 81 FR 26131, May 2, 2016; 87 FR 8742, Feb. 16, 2022] | (a) Establishment of the Panel. A Vocational Rehabilitation Panel will be established at each field facility by the facility head. The purpose of the Panel is to provide technical assistance in the planning of rehabilitation programs for seriously disabled veterans and dependents. This purpose will be most effectively carried out through use of the services of a wide range of professionals to bring the resources of the Department of Veterans Affairs and the community to bear on problems presented in the individual case. (b) Composition of the Panel. The Panel will include, but not be limited to the following: (1) A Counseling Psychologist (CP) or Vocational Rehabilitation Counselor (VRC) in the Veteran Readiness and Employment (VR&E) Division as the chairperson; (2) A vocational rehabilitation specialist in VR&E; (3) A medical consultant from a Department of Veterans Affairs Medical Center; (4) A member of the Social Services staff from a Department of Veterans Affairs Medical Center; and (5) Other specialists from the Department of Veterans Affairs. (c) Appointment to the Panel. (1) The VR&E Officer may not serve as either chairperson or member of the Panel. (2) The VR&E Officer will arrange for the participation of nonmedical professional staff in the Panel's meetings. (d) Scope of Panel review. The Panel will review each case which has been referred to it in relation to: (1) Specific reason for the referral; and (2) Other problem areas which the Panel identifies in the course of its consideration of the case. (e) Referral. A case may be referred to the Panel by: (1) A CP or VRC in VR&E; (2) A vocational rehabilitation specialist in VR&E; or (3) The VR&E officer. (f) Report. The Panel must prepare a report on its findings and recommendations in each case. The Panel's recommendations may include specific actions which are warranted on the basis of current information, or may identify additional information needed to provide a sounder basis for planning the veteran's program of rehabil… | ||||
| 38:38:2.0.1.1.6.1.195.24 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.62 Duties of the Vocational Rehabilitation Panel. | VA | [54 FR 37332, Sept. 8, 1989, as amended at 87 FR 8742, Feb. 16, 2022] | (a) Consultation requested. The panel shall provide technical and consultative services when requested by professional staff of the Veteran Readiness and Employment (VR&E) Division to: (1) Assist staff members in planning and carrying out a rehabilitation plan for seriously disabled veterans and their dependents; and (2) Consider other cases of individuals eligible for, or being provided assistance under chapter 31 and other programs of education and training administered by the Department of Veterans Affairs. (b) Independent living services. The Panel has a key responsibility to assure that seriously disabled service-connected veterans who need independent living services to increase their independence in daily living are provided necessary services. In carrying out this responsibility the Panel shall review all cases which come before it to assure that the proposed program of vocational rehabilitation or independent living services includes those services necessary to enable the veteran to achieve the goals of the program. (c) Dependents. The specific duties of the Panel with respect to dependents are more fully described §§ 21.3300, 21.3301, 21.3304, 21.4105, and 21.4276 of this part. | ||||
| 38:38:2.0.1.1.6.1.196.25 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.70 Vocational rehabilitation. | VA | [49 FR 40814, Oct. 18, 1984; 50 FR 9622, Mar. 11, 1985, as amended at 53 FR 50957, Dec. 19, 1988] | (a) General. The goal of a vocational rehabilitation program is to: (1) Evaluate and improve the veteran's ability to achieve a vocational goal; (2) Provide services needed to qualify for suitable employment; (3) Enable the veteran to achieve maximum independence in daily living; (4) Enable the veteran to become employed in a suitable occupation and to maintain suitable employment. (b) Vocational rehabilitation program. This term includes: (1) The services that are needed for the accomplishment of the purposes of Chapter 31, including such counseling, diagnostic, medical, social, psychological, independent living, economic, educational, vocational, and employment services as are determined by the Department of Veterans Affairs to be needed; (i) In the case of a veteran for whom the achievement of a vocational goal has not been found to be currently infeasible such needed services include: (A) Determining whether a vocational goal is reasonably feasible; (B) Improving the veteran's potential to participate in a program of services designed to achieve a vocational goal; (C) Enabling the veteran to achieve maximum independence in daily living; (ii) In the case of a veteran for whom achievement of a vocational goal is feasible, such needed services include assisting the veteran to become, to the maximum extent feasible, employable and to obtain and maintain suitable employment; (2) The term also includes the monetary assistance authorized by Chapter 31 for a veteran receiving any of the services described in this paragraph. (c) Duration of vocational rehabilitation. Decisions on the duration of periods for attaining the goals named in paragraph (a) of this section are made in the course of development and approval of the Individualized Written Rehabilitation Plan. However, the duration of a vocational rehabilitation program may not exceed 48 months (or its equivalent when pursued on a part-time basis), except as provided in § 21.78. | ||||
| 38:38:2.0.1.1.6.1.196.26 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.72 Rehabilitation to the point of employability. | VA | [49 FR 40814, Oct. 18, 1984, as amended at 81 FR 26131, May 2, 2016; 87 FR 8742, Feb. 16, 2022] | (a) General. Rehabilitation to the point of employability may include the services needed to: (1) Evaluate and improve the veteran's ability to undertake training; (2) Train the veteran to the level generally recognized as necessary for entry into employment in a suitable occupational objective. Where a particular degree, diploma, or certificate is generally necessary for entry into the occupation, e.g., an MSW for social work, the veteran shall be trained to that level. (b) When duration of training may exceed general requirements —(1) Employment handicap. If the amount of training necessary to qualify for employment in a particular occupation in a geographical area where a veteran lives or will seek employment exceeds the amount generally needed for employment in that occupation, the Department of Veterans Affairs will provide, or arrange for the necessary additional training. (2) Serious employment handicap. The Department of Veterans Affairs will assist a veteran with a serious employment handicap to train to a higher level than is usually required to qualify in a particular occupation, when one of the following conditions exist: (i) The veteran is preparing for a type of work in which he or she will be at a definite disadvantage in competing with nondisabled persons for jobs or business, and the additional training will help to offset the competitive disadvantage; (ii) The number of feasible occupations are restricted, and additional training will enhance the veteran's employability in one of those occupations; (iii) The number of employment opportunities within feasible occupations are restricted. (c) Responsibility for estimating duration of training. (1) The Counseling Psychologist (CP) or Vocational Rehabilitation Counselor (VRC) shall estimate the duration of training and the estimate shall be incorporated in the IWRP (Individualized Written Rehabilitation Plan). When the period of training is estimated to exceed 48 months, the concurrence of the Veteran Readiness and Employment (VR&E) … | ||||
| 38:38:2.0.1.1.6.1.196.27 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.73 Duration of employment assistance programs. | VA | [49 FR 40814, Oct. 18, 1984, as amended at 54 FR 21216, May 17, 1989] | (a) Duration. Employment assistance may be provided to the veteran for the period necessary to enable the veteran to secure employment in a suitable occupation, and to adjust in the employment. This period shall not exceed 18 months. A veteran may be provided such assistance if he or she is eligible for employment assistance under the provisions of § 21.47 of this part. (b) Employment assistance not charged against Chapter 31 entitlement. The period of employment assistance provided in paragraph (a) of this section is not charged against the months of entitlement under Chapter 31 (see § 21.70). | ||||
| 38:38:2.0.1.1.6.1.196.28 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.74 Extended evaluation. | VA | [49 FR 40814, Oct. 18, 1984, as amended at 53 FR 50957, Dec. 19, 1988; 54 FR 37332, Sept. 8, 1989; 62 FR 17707, Apr. 11, 1997; 81 FR 26131, May 2, 2016; 87 FR 8742, Feb. 16, 2022] | (a) General. An extended evaluation may be authorized for the period necessary to determine whether the attainment of a vocational goal is currently reasonably feasible for the veteran. The services which may be provided during the period of extended evaluation are listed in § 21.57(b) of this part. (b) Duration. An extended evaluation may not be for less than two weeks (full or part-time equivalent) nor for more than twelve months, unless a longer period is necessary to determine whether achievement of a vocational goal is reasonably feasible. (c) Approval of the period of an extended evaluation. (1) The Counseling Psychologist (CP) or Vocational Rehabilitation Counselor (VRC) may approve an initial period of up to 12 months for an extended evaluation. (2) An additional period of extended evaluation of up to 6 months may be approved by the CP or VRC, if there is reasonable certainty that the feasibility of achieving a vocational goal can be determined during the additional period. The CP or VRC will obtain the concurrence of the Veteran Readiness and Employment (VR&E) Officer before approving the extension of a period of extended evaluation. (3) An extension beyond a total period of 18 months for additional periods of up to 6 months each may only be approved by the CP or VRC if there is a substantial certainty that a determination of current feasibility may be made within this extended period. The concurrence of the VR&E Officer is also required for this extension. | ||||
| 38:38:2.0.1.1.6.1.196.29 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.76 Independent living. | VA | [49 FR 40814, Oct. 18, 1984, as amended at 54 FR 37332, Sept. 8, 1989; 81 FR 26131, May 2, 2016] | (a) General. A program of independent living services may be authorized to enable the veteran to: (1) Reach the goals of the program, and (2) Maintain the newly achieved level of independence in daily living. (b) Period of independent living services. The duration of an independent living services program may not exceed 24 months unless the Counseling Psychologist (CP) or Vocational Rehabilitation Counselor (VRC) finds that an additional period of up to 6 months would enable the veteran to substantially increase his or her level of independence in daily living. The concurrence of the Vocational Counseling and Rehabilitation Officer in this finding is required. | ||||
| 38:38:2.0.1.1.6.1.196.30 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.78 Approving more than 48 months of rehabilitation. | VA | [49 FR 40814, Oct. 18, 1984, as amended at 54 FR 4283, Jan. 30, 1989; 57 FR 57108, Dec. 3, 1992; 81 FR 26131, May 2, 2016; 87 FR 8742, Feb. 16, 2022; 89 FR 66580, Aug. 16, 2024] | (a) General. Neither the basic period of entitlement which may be authorized for a program of rehabilitation under Chapter 31 alone, nor a combination of entitlement of Chapter 31 and other programs listed in § 21.4020 shall exceed 48 months except as indicated in paragraphs (b) and (c) of this section. (b) Employment handicap. A rehabilitation program for a veteran with an employment handicap may only be extended beyond 48 months when: (1) The veteran previously completed training for a suitable occupation but the veteran's service-connected disability has worsened to the point that he or she is unable to perform the duties of the occupation for which training had been provided, and a period of training in the same or a different field is required. An extension beyond 48 months under Chapter 31 alone shall be authorized for this purpose. (2) The occupation in which the veteran previously completed training is found to be unsuitable because of the veteran's abilities and employment handicap. An extension beyond 48 months under Chapter 31 alone shall be approved for this purpose. (3) The veteran previously used education benefit entitlement under other programs administered by VA, and the additional period of assistance to be provided under Chapter 31 which the veteran needs to become employable will result in more than 48 months being used under all VA education programs, under these conditions the number of months necessary to complete the program may be authorized under Chapter 31, provided that the length of the extension will not result in authorization of more than 48 months under Chapter 31 alone. (4) A veteran in an approved Chapter 31 program has elected payment of benefits at the Chapter 30 educational assistance rate. The 48 month limitation may be exceeded only: (i) To the extent that the entitlement in excess of 48 months does not exceed the entitlement previously used by the veteran in a course at the secondary school level under § 21.4235 before December 31, 1989, or (ii) If the veteran i… | ||||
| 38:38:2.0.1.1.6.1.196.31 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.79 Determining entitlement usage under Chapter 31. | VA | [54 FR 47770, Nov. 17, 1989, as amended at 76 FR 45703, Aug. 1, 2011] | (a) General. The determination of entitlement usage for chapter 31 participants is made under the provisions of this section except as provided in paragraph (f) of this section. Charges for entitlement usage shall be based upon the principle that a veteran who pursues a rehabilitation program for 1 day should be charged 1 day of entitlement. The determination of entitlement is based upon the rate at which the veteran pursues his or her rehabilitation program. The rate of pursuit is determined under the provisions of § 21.310 of this part. (b) No charge against chapter 31 entitlement. No charge will be made against chapter 31 entitlement under any of the following circumstances: (1) The veteran is receiving employment services under an Individualized Employment Assistance Plan (IEAP); (2) The veteran is receiving an employment adjustment allowance; or (3) The veteran is on leave from his or her program, but leave is not authorized by the Department of Veterans Affairs. (c) Periods during which entitlement may be charged. Charges for usage of chapter 31 entitlement may only be made for program participants in one of the following case statuses: (1) Rehabilitation to the point of employability; (2) Extended evaluation; or (3) Independent living. (d) Method of charging entitlement under chapter 31. The Department of Veterans Affairs will make a charge against entitlement: (1) On the basis of total elapsed time (1 day of entitlement for each day of pursuit) if the veteran is being provided a rehabilitation program on a full-time basis; (2) On the basis of a proportionate rate of elapsed time if the veteran is being provided a rehabilitation program on a three-quarter, one-half or less than one-half time basis. Entitlement is charged at a: (i) Three-quarter time rate if pursuit is three-quarters or more, but less than full-time; (ii) One-half time rate if pursuit is half-time or more, but less than three-quarter time; (iii) One-quarter time rate if pursuit is less than half-time. Measurement of pu… | ||||
| 38:38:2.0.1.1.6.1.197.32 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.80 Requirement for a rehabilitation plan. | VA | [49 FR 40814, Oct. 18, 1984, as amended at 87 FR 8743, Feb. 16, 2022] | (a) General. An IWRP (Individualized Written Rehabilitation Plan) will be developed for each veteran eligible for rehabilitation services under Chapter 31. The plan is intended to assist in: (1) Providing a structure which allows Veteran Readiness and Employment (VR&E) staff to translate the findings made in the course of the initial evaluation into specific rehabilitation goals and objectives; (2) Monitoring the veteran's progress in achieving the rehabilitation goals established in the plan; (3) Assuring the timeliness of assistance by Department of Veterans Affairs staff in providing services specified in the plan; and (4) Evaluating the effectiveness of the planning and delivery of rehabilitation services by VR&E staff. (b) When a plan is prepared. A plan will be prepared in each case in which a veteran will pursue: (1) A vocational rehabilitation program, as that term is defined in § 21.35(i); (2) An extended evaluation program; (3) An independent living services program; or (4) An employment program. (c) Plan—a generic term. The term plan refers to the IWRP (Individualized Written Rehabilitation Plan) § 21.84, IEEP (Individualized Extended Evaluation Plan) § 21.86, IEAP (Individualized Employment Assistance Plan) § 21.88, and IILP (Individualized Independent Living Plan) § 21.90. (d) Plan not required. A plan will not be prepared for a veteran who is not eligible for any assistance under Chapter 31. Department of Veterans Affairs staff, with the veteran's assistance and cooperation, will utilize information developed in the course of an initial evaluation to assist the veteran to develop alternatives for education and training, independence in daily living, or employment assistance. This assistance should help the veteran in achieving attainable vocational, independent living and employment goals utilizing benefits and services for which the veteran may be eligible under other Department of Veterans Affairs or non-Department of Veterans Affairs programs. | ||||
| 38:38:2.0.1.1.6.1.197.33 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.82 Completing the plan under Chapter 31. | VA | (a) Serious employment handicap. Each plan for a veteran with a serious employment handicap shall provide for completion of the program provided by the plan under Chapter 31. The provisions of § 21.70 and § 21.78(c) are designed to enable a veteran with a serious employment handicap to pursue and complete a rehabilitation plan under Department of Veterans Affairs auspices. These provisions shall be used as necessary to accomplish the goals of the plan. (b) Employment handicap. A plan for a veteran with an employment handicap that is not a serious employment handicap shall require that the program be completed within 48 months, if the veteran is not eligible for an extension as provided in § 21.78. When the program provided by the plan cannot be completed under Chapter 31 because of limitations imposed by the veteran's termination date or months of remaining entitlement, realistic, comprehensive and detailed arrangements must be made which will enable the veteran to successfully complete training under other auspices. If an arrangement cannot be made which meets these requirements, the long-range vocational goal of the veteran must be reevaluated, and another vocational goal selected which can be completed using the veteran's remaining Chapter 31 resources. (c) Employment assistance when training is not completed under Chapter 31. A plan for employment assistance may be implemented even though the veteran's training has not been or will not be completed under Chapter 31. | |||||
| 38:38:2.0.1.1.6.1.197.34 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.84 Individualized written rehabilitation plan. | VA | [49 FR 40814, Oct. 18, 1984; 50 FR 9622, Mar. 11, 1985] | (a) Purpose. The purposes of the IWRP (Individualized Written Rehabilitation Plan) are to: (1) Identify goals and objectives to be achieved by the veteran during the period of rehabilitation services that will lead to the point of employability; (2) Plan for placement of the veteran in the occupational field for which training and other services will be provided; and (3) Specify the key services needed by the veteran to achieve the goals and objectives of the plan. (b) Elements of the plan. A plan will include the following: (1) A statement of long-range rehabilitation goals. Each statement of long-range goals shall include at a minimum: (i) One vocational goal for a veteran with an employment handicap; or (ii) One vocational goal and, if applicable, one independent living goal for a veteran with a serious employment handicap. (2) Intermediate rehabilitation objectives; Intermediate objectives are statements of achievement expected of the veteran to attain the long-range goal. The development of appropriate intermediate objectives is the cornerstone of an effective plan. Intermediate objectives should have the following characteristics: (i) The activity specified relates to the achievement of the goal; (ii) The activity specified is definable in terms of observable behavior (e.g., pursuing an A.A. degree); (iii) The activity has a projected completion date; (iv) The outcome desired upon completion is measurable (e.g., receiving an A.A. degree). (3) The specific services to be provided by the Department of Veterans Affairs as stated. Counseling shall be included in all plans for a veteran with a serious employment handicap. (4) The projected starting and completion dates of the planned services and the duration of each service; (5) Objective criteria and an evaluation procedure and schedule for determining whether the objectives and goals are being achieved as set forth; and (6) The name, location, and phone number of the VBA case manager. | ||||
| 38:38:2.0.1.1.6.1.197.35 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.86 Individualized extended evaluation plan. | VA | [53 FR 50957, Dec. 19, 1988] | (a) Purpose. The purpose of an IEEP is to identify the services needed for the VA to determine the veteran's current ability to achieve a vocational goal when this cannot reasonably be determined during the initial evaluation. (b) Elements of the plan. An IEEP shall include the same elements as an IWRP except that: (1) The long range goal shall be to determine achievement of a vocational goal is currently reasonably feasible; (2) The intermediate objectives relate to problems of questions which must be resolved for the VA to determine the current reasonable feasibility of achieving a vocational goal. | ||||
| 38:38:2.0.1.1.6.1.197.36 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.88 Individualized employment assistance plan. | VA | (a) Purpose. The purpose of the IEAP (Individualized Employment Assistance Plan) is to assure that a comprehensive, thoughtful approach is taken, enabling eligible veterans to secure suitable employment. (b) Requirement for a plan. An IEAP will be prepared: (1) As part of an IWRP; or (2) When the veteran is eligible for employment assistance under provisions of § 21.47. (c) Elements of the plan. The IEAP shall follow the same structure as the IWRP. Each IEAP will include full utilization of community resources to enable the veteran to: (1) Secure employment; and (2) Maintain employment. (d) Preparation of the IEAP. Preparation of the IEAP will be completed: (1) No later than 60 days before the projected end of the period of rehabilitation services leading to the point of employability; or (2) Following initial evaluation when employment services constitute the whole of the veteran's program under provisions of § 21.47. | |||||
| 38:38:2.0.1.1.6.1.197.37 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.90 Individualized independent living plan. | VA | [49 FR 40814, Oct. 18, 1984, as amended at 53 FR 50957, Dec. 19, 1988] | (a) Purpose. The purpose of the IILP is to identify the steps through which a veteran, whose disabilities are so severe that a vocational goal is not currently reasonably feasible, can become more independent in daily living within the family and community. (b) Elements of the plan. The IILP shall follow the same structure as the IWRP. The plan will include: (1) Services which may be provided under Chapter 31 to achieve independence in daily living; (2) Utilization of programs with a demonstrated capacity to provide independent living services for severely handicapped persons; (3) Services provided under other Department of Veterans Affairs and non-Department of Veterans Affairs programs needed to achieve the goals of the plan; (4) Arrangements for maintaining the improved level of independence following completion of the plan. | ||||
| 38:38:2.0.1.1.6.1.197.38 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.92 Preparation of the plan. | VA | [49 FR 40814, Oct. 18, 1984, as amended at 81 FR 26131, May 2, 2016] | (a) General. The plan will be jointly developed by Department of Veterans Affairs staff and the veteran. (b) Approval of the plan. The terms and conditions of the plan must be approved and agreed to by the Counseling Psychologist (CP) or Vocational Rehabilitation Counselor (VRC), the vocational rehabilitation specialist, and the veteran. (c) Implementation of the plan. The vocational rehabilitation specialist or CP or VRC designated as case manager has the primary role in carrying out Department of Veterans Affairs responsibility for implementation of the plan. (d) Responsible staff. The CP or VRC has the primary responsibility for the preparation of plans. | ||||
| 38:38:2.0.1.1.6.1.197.39 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.94 Changing the plan. | VA | [49 FR 40814, Oct. 18, 1984, as amended at 81 FR 26131, May 2, 2016] | (a) General. The veteran, the Counseling Psychologist (CP) or Vocational Rehabilitation Counselor (VRC) or the vocational rehabilitation specialist may request a change in the plan at any time. (b) Long-range goals. A change in the statement of a long-range goal may only be made following a reevaluation of the veteran's rehabilitation program by the CP or VRC. A change may be made when: (1) Achievement of the current goal(s) is no longer reasonably feasible; or (2) The veteran's circumstances have changed or new information has been developed which makes rehabilitation more likely if a different long-range goal is established; and (3) The veteran fully participates and concurs in the change. (c) Intermediate objectives or services. A change in intermediate objectives or services provided under the plan may be made by the case manager when such change is necessary to carry out the statement of long-range goals. The veteran must concur in the change. (d) Minor changes. Minor changes in the plan (e.g., changing the date of a scheduled evaluation) by the case manager may be made without the participation and concurrence of the veteran. (e) Changes in duration of the plan. Any change in the total duration of a veteran's rehabilitation plan is subject to provisions on duration of a rehabilitation program described in §§ 21.70-21.78. | ||||
| 38:38:2.0.1.1.6.1.197.40 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.96 Review of the plan. | VA | (a) General. The veteran's progress in reaching the goals of the plan will be reviewed and evaluated as scheduled in the plan by the case manager and the veteran. (b) Comprehensive review required. The case manager and the veteran will review all of the terms of the plan and the veteran's progress at least every twelve months. On the basis of such review the veteran and the case manager will agree whether the plan should be: (1) Retained in its current form; (2) Amended; or (3) Redeveloped. | |||||
| 38:38:2.0.1.1.6.1.198.41 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.100 Counseling. | VA | [49 FR 40814, Oct. 18, 1984, as amended at 54 FR 32071, Aug. 4, 1989; 62 FR 17708, Apr. 11, 1997; 81 FR 26132, May 2, 2016; 87 FR 8743, Feb. 16, 2022] | (a) General. A veteran requesting or being furnished assistance under Chapter 31 shall be provided professional counseling services by Veteran Readiness and Employment (VR&E) Service and other staff as necessary to: (1) Carry out an initial evaluation in each case in which assistance is requested; (2) Develop a rehabilitation plan or plan for employment services in each case in which the veteran is found during the initial evaluation to be eligible and entitled to services; (3) Assist veterans found ineligible for services under Chapter 31 to the extent provided in § 21.82; and (4) Try to overcome problems which arise during the course of the veteran's rehabilitation program or program of employment services. (b) Types of counseling services. VA will furnish comprehensive counseling services, including but not limited to (1) Psychological; (2) Vocational; (3) Personal adjustment; (4) Employment; (5) Educational. (c) Qualifications. Counseling services may only be furnished by VA or other personnel who meet requirements established under provisions of § 21.380 and other policies of the VA pertaining to the qualifications of staff providing assistance under Chapter 31. (d) Limitations. (1) If a veteran resides within a State, counseling services necessary to carry out the initial evaluation and the development of a rehabilitation plan or a program of employment services will be furnished by Counseling Psychologists (CP) or Vocational Rehabilitation Counselors (VRC) in the VR&E Division; (2) If a veteran does not reside in a State the counseling services necessary to carry out an initial evaluation may be accomplished in the same manner as for a veteran residing in a State or through other arrangements when deemed appropriate by the VR&E Division. These alternative arrangements include, but are not limited to: (i) Use of counseling centers or individual qualified professionals under contract to VA; and (ii) Professional staff of other Federal agencies located in the area in which the veteran r… | ||||
| 38:38:2.0.1.1.6.1.199.42 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.120 Educational and vocational training services. | VA | [49 FR 40814, Oct. 18, 1984; 50 FR 9622, Mar. 11, 1985] | (a) Purposes. The purposes of providing educational and vocational training services are to enable a veteran eligible for, and entitled to, services and assistance under Chapter 31 to: (1) Meet the requirements for employment in the occupational objective established in the IWRP (Individualized Written Rehabilitation Plan); (2) Provide incidental training which is necessary to achieve the employment objective in the IEAP (Individualized Employment Assistance Plan); (3) Provide incidental training needed to achieve the goals of an IILP (Individualized Independent Living Plan); or (4) Provide training services necessary to implement an IEEP (Individualized Extended Evaluation Plan). (b) Selection of courses. VA will generally select courses of study and training, completion of which usually results in a diploma, certificate, degree, qualification for licensure, or employment. If such courses are not available in the area in which the veteran resides, or if they are available but not accessible to the veteran, other arrangements may be made. Such arrangements may include, but are not limited to: (1) Relocation of the veteran to another area in which necessary services are available, or (2) Use of an individual instructor to provide necessary training. (c) Charges for education and training services. The cost of education and training services will be one of the factors considered in selecting a facility when: (1) There is more than one facility in the area in which the veteran resides which: (i) Meets requirements for approval under §§ 21.292 through 21.298; (ii) Can provide the education and training services, and other supportive services specified in the veteran's plan; and (iii) Is within reasonable commuting distance; or (2) The veteran wishes to train at a suitable facility in another area, even though training can be provided at a suitable facility in the area in which the veteran resides. | ||||
| 38:38:2.0.1.1.6.1.199.43 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.122 School course. | VA | (a) Explanation of terms—schools, educational institution, and institution. These terms mean any public or private school, secondary school, vocational school, correspondence school, business school, junior college, teacher's college, college, normal school, professional school, university, scientific or technical institution, or other institution furnishing education for adults. (b) Course. A course generally consists of a number of areas of subject matter which are organized into learning units for the purpose of attaining a specific educational or vocational objective. Organized instruction in the units comprising the course is offered within a given period of time and credit toward graduation or certification is generally given. (c) School course. A school course is a course as defined in paragraph (b) of this section offered by a facility identified in paragraph (a) of this section. | |||||
| 38:38:2.0.1.1.6.1.199.44 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.123 On-job course. | VA | [49 FR 40814, Oct. 18, 1984; 50 FR 9622, Mar. 11, 1985] | (a) Training establishment. This term means any establishment providing apprentice or other training on the job, including those under the supervision of a college or university or any State department of education, or any state apprenticeship agency, or any State board of vocational education, or any joint apprenticeship committee, or the Bureau of Apprenticeship and Training established in accordance with 29 U.S.C. Chapter 4C, or any agency of the Federal government authorized to supervise such training. (b) On-job course, An on-job course is pursued toward a specified vocational objective, provided by a training establishment. The trainee learns, in the course of work performed under supervision, primarily by receiving formal instruction, observing practical demonstration of work tasks, and assisting in those tasks. Productive work should gradually increase with greater independence from formal instruction as the course progresses. | ||||
| 38:38:2.0.1.1.6.1.199.45 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.124 Combination course. | VA | [49 FR 40814, Oct. 18, 1984; 50 FR 9622, Mar. 11, 1985] | (a) General. A combination course is a course which combines training on the job with training in school. For the purpose of VA vocational rehabilitation, a course will be considered to be a combination course, if the student spends full-time on the job and one or more times a week also attends school on a part-time basis. A veteran may pursue the components of a combination course in the following manner: (1) Concurrent school and on-job training; (2) Primarily on-job with some related instruction in school; (3) In a school as a preparatory course to entering on-job training; or (4) First training on-job followed by the school portion. (b) Cooperative course. A cooperative course is a special type of combination course which usually: (1) Has an objective which the student attains primarily through school instruction with the on-job portion being supplemental to the school course; (2) Is at the college or junior college level although some cooperative courses are offered at post-secondary schools which do not offer a college degree or at secondary schools; (3) Requires the student to devote at least one-half of the total training period to the school portion of the course; and (4) Includes relatively long periods each of training on the job and in school such as a full term in school followed by a full term on the job. | ||||
| 38:38:2.0.1.1.6.1.199.46 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.126 Farm cooperative course. | VA | [49 FR 40814, Oct. 18, 1984; 50 FR 9622, Mar. 11, 1985] | (a) Definition. An approvable farm cooperative course is a full-time course designated to restore employability by training a veteran to: (1) Operate a farm which he or she owns or leases; or (2) Manage a farm as the employee of another. (b) Reaching the goal of a farm cooperative course. The farm cooperative course must enable a veteran to become proficient in the type of farming for which he or she is being provided rehabilitation services. The areas in which proficiency is to be established include: (1) Planning; (2) Producing; (3) Marketing; (4) Maintaining farm equipment; (5) Conserving farm resources; (6) Financing the farm; (7) Managing the farm; and (8) Keeping farm and home accounts. (c) Instruction, including organized group instruction. Instruction in a farm cooperative course may be by a mixture of organized group (classroom) instruction and individual instruction or by individual instruction alone. A course which includes organized group instruction must meet the following criteria to be considered as full-time: (1) The number of clock hours of instruction which should be provided yearly shall meet the requirements of § 21.310(a)(4) and § 21.4264 pertaining to full-time pursuit of a farm cooperative course: (2) The individual instructor portion of a farm cooperative course shall include at least 100 hours of individual instruction per year. (d) Instruction given solely by an individual instructor. (1) Instruction in a farm cooperative course may be given solely by an individual instructor if organized group instruction is: (i) Not available within reasonable commuting distance of the veteran's farm; or (ii) The major portion of the organized group instruction that is available does not have a direct relation to the veteran's farming operation and pertinent VA records are fully and clearly documented accordingly. (2) To be considered full-time pursuit the individual instruction provided in these course must: (i) Consist of at least 200 hours of instruction per year; (ii) Be… | ||||
| 38:38:2.0.1.1.6.1.199.47 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.128 Independent study course. | VA | A veteran may pursue a course by independent study under the following conditions: (a) College level. The course is offered by a college or university. (b) College degree. The course leads to or is fully creditable towards a standard college degree. (c) Course content. The course consists of a prescribed program of study with provision for interaction between the student and regularly employed faculty of the university or college by mail, telephone, personally, or class attendance. (d) School responsibility. The university or college: (1) Evaluates the course in semester or quarter hours or the equivalent; and (2) Prescribes a period for completion. | |||||
| 38:38:2.0.1.1.6.1.199.48 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.129 Home study course. | VA | (a) Definition. A home study course is a course conducted by mail, consisting of a series of written lesson assignments furnished by a school to the student for study and preparation of written answers, solutions to problems, and work projects which are corrected and graded by the school and returned to the trainee. (b) Limitations on inclusion of home study courses, in rehabilitation plans. A veteran and his or her case manager may include a home study course in a rehabilitation plan only when it supplements the major part of the program. The purpose of the home study course is to provide the veteran with theory or technical information directly related to the practice of the occupation for which the veteran is training. | |||||
| 38:38:2.0.1.1.6.1.199.49 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.130 Educational and vocational courses outside the United States. | VA | [49 FR 40814, Oct. 18, 1984, as amended at 55 FR 27822, July 6, 1990] | (a) General. VA may provide educational and vocational courses outside a State if the case manager determines that such training is in the best interest of the veteran and the Federal Government. (b) Specific conditions. (1) The training must be necessary to enable the veteran to qualify for, obtain, and retain suitable employment in the occupational objective; and (2) Either: (i) The training is not available in the United States; or (ii) The training is available in the United States, but personal hardship would result from requiring that the veteran pursue training in this country; and (3) All necessary supportive and follow-up services, including medical care and treatment and employment services, reasonably can be provided by or through VA, considering such factors as the availability, accessibility and cost of such services. | ||||
| 38:38:2.0.1.1.6.1.199.50 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.132 Repetition of the course. | VA | (a) Repeating all or part of the course. A veteran, having completed a course under Chapter 31 according to the standards and practices of the institution, ordinarily will not pursue it again at the expense of VA. However, VA may approve repetition of all, or any part of the course when VA determines that the repetition is necessary to accomplish the veteran's vocational rehabilitation. A veteran repeating a course under Chapter 31 is subject to the same requirements for satisfactory pursuit and completion of the course as are other veterans taking the course unless a longer period is needed because of the veteran's reduced work tolerance. (b) Review course. A veteran who has completed a course of training under Chapter 31 may pursue a review course, such as a bar review course, if it is specifically organized and conducted as a review course. (c) Auditing a subject. Auditing, as defined in § 21.4200(i), may not be authorized as a part of any rehabilitation plan. However, if an individual repeats a course under the conditions described in paragraph (a) of this section, the course shall not be considered an audited course, if pursued in the same manner as a subject offered for credit. The individual must meet the same requirements as other students, and not be a mere listener. | |||||
| 38:38:2.0.1.1.6.1.199.51 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.134 Limitation on flight training. | VA | [57 FR 57108, Dec. 3, 1992] | Flight Training approved under chapter 31 may only be authorized in degree curriculums in the field of aviation that include required flight training. This type of training is otherwise subject to the same limitations as are applicable to flight training under Chapter 30. | ||||
| 38:38:2.0.1.1.6.1.200.52 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.140 Evaluation and improvement of rehabilitation potential. | VA | (a) General. The purposes of these services are to: (1) Evaluate if the veteran: (i) Has an employment handicap; (ii) Has a serious employment handicap; and (iii) Is reasonably feasible for a vocational goal or an independent living goal. (2) Provide a basis for planning: (i) A program of services and assistance to improve the veteran's potential for vocational rehabilitation or independent living; (ii) A suitable vocational rehabilitation program; or (iii) A suitable independent living program. (3) Reevaluate the vocational rehabilitation or independent living potential of a veteran participating in a rehabilitation program under Chapter 31, as necessary. (4) Enable a veteran to achieve: (i) A vocational goal; or (ii) An independent living goal. (b) Periods during which evaluation and improvement services may be provided. Evaluation and improvement services may be provided concurrently, whenever necessary, with a period of rehabilitation services, including: (1) Initial evaluation or reevaluation; (2) Extended evaluation: (3) Rehabilitation to the point of employability: (4) A program of independent living services: or (5) Employment services, incidental to obtaining or maintaining employment. (c) Duration of full-time assistance. If evaluation and improvement services are furnished on a full-time basis as a preliminary part of the period of rehabilitation to the point of employability, or as the vocational rehabilitation program, the duration of such assistance may not exceed 12 months, except as provided in § 21.74(c). (d) Scope of services. Evaluation and improvement services include: (1) Diagnostic services; (2) Personal and work adjustment training; (3) Medical care and treatment; (4) Independent living services; (5) Language training, speech and voice correction, training in ambulation, and one-hand typewriting; (6) Orientation, adjustment, mobility and related services; and (7) Other appropriate services. | |||||
| 38:38:2.0.1.1.6.1.200.53 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.142 Adult basic education. | VA | (a) Definition. The term adult basic education means an instructional program for the undereducated adult planned around those basic and specific skills most needed to help him or her to function adequately in society. (b) Purposes. The purposes of providing adult basic education are to: (1) Upgrade a veteran's basic educational skills; (2) Provide refresher training; or (3) Remedy deficiencies which prevent the veteran from undertaking a course of education or vocational training. (c) Periods during which basic adult education may be provided. Basic adult education may be authorized, as necessary, during; (1) Rehabilitation to the point of employability; (2) Extended evaluation; and (3) Independent living services. | |||||
| 38:38:2.0.1.1.6.1.200.54 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.144 Vocational course in a sheltered workshop or rehabilitation facility. | VA | (a) General. A vocational course in a sheltered workshop or rehabilitation facility may be an institutional, on-job, or combination course which has been modified to facilitate successful pursuit by a person with a disability that would otherwise prevent or impair the person's participation in the course. (b) Authorization. A vocational course in a sheltered workshop or rehabilitation facility may be authorized when the training offered is a sound method of restoring a veteran's employability. | |||||
| 38:38:2.0.1.1.6.1.200.55 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.146 Independent instructor course. | VA | (a) Definition. An independent instructor course is a full-time course of vocational training which the veteran pursues with an individual instructor, who, independently of a training institution or on-job training establishment, furnishes and conducts a vocational course at a suitable place of training. (b) Limitations on including an independent instructor course in a rehabilitation plan. A veteran and his or her case manager may include an independent instructor course in a rehabilitation plan, other than one involving a farm cooperative program, only when either or both of the following conditions exist: (1) Training is not available through an established school, on-job training establishment, rehabilitation facility or sheltered workshop within a reasonable commuting distance from the veteran's home; or (2) The veteran's condition or other circumstances do not permit the veteran to attend an otherwise suitable facility within commuting distance. See § 21.126. (c) Training in the home. Training in the home is a specialized type of independent instructor course which the veteran pursues in his or her home if: (1) He or she is unable to pursue training at an otherwise suitable facility because of the effects of his or her disability; (2) Based on proper medical opinion, the veteran is able to pursue the prescribed training; and (3) The veteran's home provides a favorable educational environment with adequate work and study space. (d) Planning an individual instructor course. The case manager, the veteran, and the instructor should jointly plan the training program for a veteran for whom an independent instructor course is prescribed. (e) Assuring employment. Since the customary channels leading to employment may not be readily available to a veteran requiring an individual instructor course, the IEAP (Individual Employment Assistance Plan) shall indicate thorough consideration of plans and prospects for seeking and obtaining employment, including self-employment, upon completion of training.… | |||||
| 38:38:2.0.1.1.6.1.200.56 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.148 Tutorial assistance. | VA | [49 FR 40814, Oct. 18, 1984, as amended at 54 FR 4283, Jan. 30, 1989; 57 FR 57108, Dec. 3, 1992] | (a) General. A veteran may be provided individualized tutorial assistance, if VA determines that special assistance beyond that ordinarily given by the facility to students pursuing the same or a similar subject is needed to correct a deficiency in a subject. (b) Authorization of tutorial assistance. Tutorial assistance may be provided during any period of rehabilitation services authorized by VA. (c) Use of relatives precluded. Tutorial assistance at VA expense may not be provided by a relative of the veteran. The term relative has the same meaning as under § 21.374 pertaining to the use of a relative as an attendant. (d) Payment at the Chapter 30 rate. If a veteran has elected payment at the educational assistance rate payable under Chapter 30, he or she may not be provided individualized tutorial assistance under provision of Chapter 31. (See § 21.334.) | ||||
| 38:38:2.0.1.1.6.1.200.57 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.150 Reader service. | VA | (a) Limitations on vision. A veteran considered to have a visual impairment necessitating reader service includes a veteran: (1) Whose best corrected vision is 20/200 in both eyes; (2) Whose central vision is greater than 20/200 but whose field of vision is limited to such an extent that the widest diameter of a visual field subtends to an angle no greater than 20 degrees; or (3) With impaired vision, whose condition or prognosis indicates that the residual sight will be adversely affected by the use of his or her eyes for reading. (b) Periods during which reader service may be provided. reader service necessary to the development of a rehabilitation plan, or the successful pursuit of a rehabilitation program may be provided during: (1) Initial evaluation or reevaluation; (2) Extended evaluation; (3) Rehabilitation to the point of employability; (4) Independent living services; or (5) Employment services, including an initial employment period of up to three months. (c) Reader responsibility. The reader should be able to do more than read to the veteran. The reader should have an understanding of the subject matter based upon prior training or experience which allows him or her to: (1) Read printed material with understanding; and (2) Test the veteran's understanding of what has been read. (d) Extent of service. The number of hours of service will be determined in each case by the amount of reading necessitated by the course and the efficacy of other equipment with which the veteran has been furnished to enable him or her to read printed material unassisted. (e) Recording. VA will not normally pay for recording textbooks or other materials as a part of reader services, since excellent recording services are provided by volunteer organizations at no cost. (f) Selecting a relative as a reader. Utilization of a relative of the veteran as a reader is subject to the limitations on use of a relative as an attendant under § 21.374. | |||||
| 38:38:2.0.1.1.6.1.200.58 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.152 Interpreter service for the hearing impaired. | VA | (a) General. The main purpose of interpreter service for the hearing impaired is to facilitate instructor-student communication. VA will provide interpreter service as necessary for the development and pursuit of a rehabilitation program. This service will be provided if: (1) A VA physician determines that: (i) The veteran is deaf or his or her hearing is severely impaired; and (ii) All appropriate services and aids have been furnished to improve the veteran's residual hearing; or (2) A VA physician determines that the veteran: (i) Can benefit from language and speech training; and (ii) Agrees to undertake language and speech training. (b) Periods during which interpreter service may be provided. Interpreter service may be furnished during: (1) Initial evaluation or reevaluation; (2) Extended evaluation; (3) Rehabilitation to the point of employability; (4) Independent living services; or (5) Employment services, including the first three months of employment. (c) Selecting the interpreter. Only certified interpreters or persons meeting generally accepted standards for interpreters shall provide interpreter service. When an individual is not certified by a State or professional association, VA shall seek the assistance of a State certifying agency or a professional association in ascertaining whether the individual is qualified to serve as an interpreter. (d) Relatives. Interpreter service at VA expense may not be provided by a relative of the veteran. The term relative has the same meaning as under § 21.374 pertaining to the use of relatives as attendants. | |||||
| 38:38:2.0.1.1.6.1.200.59 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.154 Special transportation assistance. | VA | (a) General. A veteran, who because of the effects of disability has transportation expenses in addition to those incurred by persons not so disabled, shall be provided a transportation allowance to defray such additional expenses. The assistance provided in this section is in addition to provisions for interregional and intraregional travel which may be authorized under provisions of §§ 21.370 through 21.376. (b) Periods during which special transportation allowance may be provided. A special transportation allowance may be provided during: (1) Extended evaluation; (2) Rehabilitation to the point of employability; (3) Independent living services; or (4) Employment services, including the first three months of employment. (c) Scope of transportation assistance. (1) Transportation assistance includes mileage, parking fees, reasonable fee for a driver, transportation furnished by a rehabilitation facility or sheltered workshop, and other reasonable expenses which may be incurred in local travel; (2) The veteran's monthly transportation allowance may not exceed the lesser of actual expenses incurred or one-half of the subsistence allowance of a single veteran in full-time institutional training, unless extraordinary arrangements, such as transportation by ambulance, are necessary to enable a veteran to pursue a rehabilitation program. (d) Determining the need for a transportation allowance. The case manager will determine the need for a transportation allowance. The assistance of a medical consultant shall be utilized, as necessary, to determine the need for special transportation assistance and to develop transportation arrangements which do not unduly tax the veteran's ability to travel and pursue a rehabilitation program. (e) Use of a relative precluded. A relative of the veteran may not be paid any part of a special transportation allowance. The term relative has the same meaning as under § 21.374 pertaining to the use of a relative as an attendant. | |||||
| 38:38:2.0.1.1.6.1.200.60 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.155 Services to a veteran's family. | VA | [49 FR 40814, Oct. 18, 1984, as amended at 62 FR 17708, Apr. 11, 1997; 87 FR 8743, Feb. 16, 2022] | (a) General. VA shall provide services to a veteran's family which are necessary to the implementation of the veteran's rehabilitation plan. The term family includes the veteran's immediate family, legal guardian, or any individual in whose home the veteran certifies an intention to live. (b) Scope of services to a veteran's family. The services which may be furnished to the family are generally limited to consultation, homecare training, counseling, and mental health services of brief duration which are designed to enable the family to cope with the veteran's needs. Extended medical, psychiatric or other services may not be furnished to family members under these provisions. (c) Providing services to a veteran's family. Veteran Readiness and Employment (VR&E) Staff will: (1) Identify services which family members may need to facilitate the rehabilitation of the veteran; and (2) Arrange for provision of the services which have been identified. (d) Resources for provision of services to family members. (1) The established program and services which are furnished by Veterans Health Administration (VHA) to family members of veterans eligible for Chapter 31 should be used to the extent practicable; but (2) If services are not readily available through regular VHA programs, necessary services will normally be secured through arrangements with other public and nonprofit agencies. | ||||
| 38:38:2.0.1.1.6.1.200.61 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.156 Other incidental goods and services. | VA | (a) General. Other incidental goods and services may be authorized if the case manager determines them to be necessary to implement the veteran's rehabilitation plan. For example, a calculator may be authorized for a veteran pursuing an engineering degree, even though the veteran may not be required to have a calculator for any specific subject in his or her course, where there is substantial evidence that lack of a calculator places the veteran at a distinct disadvantage in successfully pursuing the course. (b) Limitation on cost. The costs of incidental goods and services normally should not exceed five percent of training costs for any twelve-month period. | |||||
| 38:38:2.0.1.1.6.1.201.62 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.160 Independent living services. | VA | [49 FR 40814, Oct. 18, 1984, as amended at 53 FR 50957, Dec. 19, 1988; 55 FR 42186, Oct. 18, 1990] | (a) Purpose. The purpose of independent living services is to assist eligible veterans whose ability to function independently in family, community, or employment is so limited by the severity of disability (service and nonservice-connected) that vocational or rehabilitation services need to be appreciably more extensive than for less disabled veterans. (b) Definitions. The term independence in daily living means the ability of a veteran, without the services of others or with a reduced level of the services of others, to live and function within the veteran's family and community. (c) Situations under which independent living services may be furnished. Independent living services may be furnished: (1) As part of a program to achieve rehabilitation to the point of employability; (2) As part of an extended evaluation to determine the current reasonable feasibility of achieving a vocational goal; (3) Incidental to a program of employment services; or (4) As a program of rehabilitation services for eligible veterans for whom achievement of a vocational goal is not currently reasonably feasible. This program of rehabilitation services may be furnished to help the veteran: (i) Function more independently in the family and community without the assistance of others or a reduced level of the assistance of others; (ii) Become reasonably feasible for a vocational rehabilitation program; or (iii) Become reasonably feasible for extended evaluation. (d) Services which may be authorized. The services which may be authorized as part of an IILP (Individualized Independent Living Plan) include: (1) Any appropriate service which may be authorized for a vocational rehabilitation program as that term is defined in § 21.35(i), except for a course of education or training as described in § 21.120; and (2) Independent living services offered by approved independent living centers and programs which are determined to be necessary to carry out the veteran's plan including: (i) Evaluation of independent living pote… | ||||
| 38:38:2.0.1.1.6.1.201.63 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.162 Participation in a program of independent living services. | VA | [49 FR 40814, Oct. 18, 1984, as amended at 53 FR 50957, Dec. 19, 1988; 55 FR 48842, Nov. 23, 1990; 62 FR 17708, Apr. 11, 1997; 87 FR 8743, Feb. 16, 2022] | (a) Approval of a program of independent living services. A program of independent living services and assistance is approved when: (1) The VA determines that achievement of a vocational goal is not currently reasonably feasible; (2) The VA determines that the veteran's independence in daily living can be improved, and the gains made can reasonably be expected to continue following completion of the program; (3) All steps required by §§ 21.90 and 21.92 of this part for the development and preparation of an Individualized Independent Living Plan (IILP) have been completed; and (4) The Veteran Readiness and Employment (VR&E) Officer concurs in the IILP. (b) Considerations for the VR&E Officer. The VR&E Officer will consider the following factors in administering programs providing independent living services: (1) If VA resources available limit the number of veterans who may be provided a program of independent living services and assistance, the first priority shall be given to veterans for whom the reasonable feasibility of achieving a vocational goal is precluded solely as a result of service-connected disability; and (2) To the maximum extent feasible, a substantial portion of veterans provided with programs of independent living services and assistance shall be receiving long-term care in VA medical centers and nursing homes. | ||||
| 38:38:2.0.1.1.6.1.202.64 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.180 Case status system. | VA | [49 FR 40814, Oct. 18, 1984, as amended at 54 FR 34987, Aug. 23, 1989; 62 FR 17708, Apr. 11, 1997; 81 FR 26132, May 2, 2016; 87 FR 8743, Feb. 16, 2022] | (a) General. Each veteran's case will be assigned to a specific case status from the point of initial contact until all appropriate steps in the rehabilitation process have been completed. The case status system will: (1) Assist Veteran Readiness and Employment (VR&E) staff to fulfill its case management responsibility to provide authorized assistance to enable the veteran to successfully pursue his or her program; and (2) Assure program management and accountability. (b) Responsibility for change of case status. The case manager is responsible for assigning a case to the appropriate case status at each point in the rehabilitation process. (c) Case manager. The VR&E Officer or his or her designee will assign a case manager when the veteran's case is placed in evaluation and planning status. The VR&E Officer or his or her designee may assign case management responsibility for development and implementation of a rehabilitation plan authorized under Chapter 31 to a Counseling Psychologist (CP), Vocational Rehabilitation Counselor (VRC) or vocational rehabilitation specialist in the VR&E Division. The case manager assigned will, unless replaced by the VR&E Officer, continue to be responsible for case management throughout the course of the veteran's rehabilitation program. When securing medical care, treatment, and other related services, the VR&E case manager will coordinate with Veterans Health Administration (VHA) staff members who have case management responsibility for the veteran. (d) Informing the veteran. The veteran will be informed in writing of changes in case status by VA which affect his or her receipt of benefits and services under Chapter 31. The letter to the veteran will include the reason for the change of case status, and other information required under provisions of § 21.420. (e) Normal progression for eligible veterans. The cases of veterans who are eligible for and entitled to services under Chapter 31 for whom individualized plans have been prepared will generally undergo the… | ||||
| 38:38:2.0.1.1.6.1.202.65 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.182 “Applicant” status. | VA | [49 FR 40814, Oct. 18, 1984, as amended at 52 FR 2518, Jan. 23, 1987; 87 FR 8743, Feb. 16, 2022] | (a) Purpose. The purposes of applicant status are to: (1) Process a veteran's claim for assistance under Chapter 31 in a timely manner; and (2) Identify service-disabled veterans whom VA should contact individually to increase their awareness and understanding of how they may benefit from services furnished under Chapter 31. (b) Assignment to applicant status. VA will assign a veteran's records to applicant status when either: (1) VA receives a formal or informal application from a veteran for services under Chapter 31; or (2) The Veteran Readiness and Employment (VR&E) Division: (i) Advises a veteran in writing of the veteran's potential eligibility for Chapter 31 services, or (ii) Is informed that the veteran has been advised in writing of his or her potential eligibility for Chapter 31 services by other VA elements. (c) Termination of applicant status. Applicant status will be terminated when: (1) An appointment for an initial evaluation has been kept by the veteran; or (2) The veteran's service-connected disability is reduced to a noncompensable degree; or (3) The veteran's service-connected disability is severed; or (4) The veteran's application is invalid because of fraud or error; or (5) The veteran withdraws his or her claim, or otherwise indicates that no further assistance is desired. (d) Transfer of terminated cases to discontinued status. Each instance in which a veteran's case is terminated for reasons described in paragraph (c)(4) or (5) of this section shall be placed in discontinued status. See §§ 21.30 Claims, 21.31 Informal claims, and 21.32 Time limits. | ||||
| 38:38:2.0.1.1.6.1.202.66 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.184 “Evaluation and planning” status. | VA | [49 FR 40814, Oct. 18, 1984, as amended at 84 FR 193, Jan. 18, 2019; 87 FR 8743, Feb. 16, 2022] | (a) Purpose. The purpose of evaluation and planning status is to identify veterans for whom evaluation and planning services are needed to: (1) Accomplish an initial evaluation as provided in § 21.50; (2) Develop an IWRP (Individualized Written Rehabilitation Plan), IEEP (Individualized Extended Evaluation Plan), IILP (Individualized Independent Living Plan) or IEAP (Individualized Employment Assistance Plan); or (3) Reevaluate: (i) Findings made in prior initial evaluations, or (ii) Current or previous individualized rehabilitation plans. (b) Assignment to evaluation and planning status. A veteran's records will be assigned to evaluation and planning status for any of the purposes specified in paragraph (a) of this section. (c) Termination of evaluation and planning status. The assignment of the veteran's records to evaluation and planning status may be terminated under the following conditions: (1) Evaluation and planning completed. The services necessary to complete evaluation and planning have been provided. These services are: (i) Completion of an initial evaluation; (ii) Development of an IWRP (Individualized Written Rehabilitation Plan) or other individual rehabilitation plan in those cases in which eligibility and entitlement to services provided under Chapter 31 are established; or (iii) Completion of reevaluation of prior findings made in initial evaluation or modification of a rehabilitation plan. (2) Evaluation and planning not completed. The Veteran Readiness and Employment (VR&E) Division shall make every reasonable effort to enable the veteran to complete the evaluation and planning phase of the rehabilitation process. A determination that every reasonable effort by VA has been made, and that little likelihood exists that continued efforts will lead to completion of planning and evaluation, may be made under the following conditions: (i) The veteran writes VA and requests that his or her case be inactivated; (ii) The veteran fails to keep scheduled appointments followi… | ||||
| 38:38:2.0.1.1.6.1.202.67 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.186 “Ineligible” status. | VA | (a) Purpose. The purpose of ineligible status is to identify the cases in which a veteran requests services under Chapter 31, but the request is denied by VA, usually, on the basis of information developed when the veteran was in evaluation and planning status. (b) Assignment to ineligible status. A veteran's case will be assigned to ineligible status following a finding by VA that the veteran is not eligible for or entitled to services under Chapter 31. The finding must preclude all possible Chapter 31 services. (c) Termination of ineligible status. The assignment of the veteran's case to ineligible status should be terminated if the veteran thereafter becomes eligible to receive any Chapter 31 service. Placement of the case in ineligible status is a bar to reconsideration of eligibility unless a material change in circumstances occurs. | |||||
| 38:38:2.0.1.1.6.1.202.68 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.188 “Extended evaluation” status. | VA | [49 FR 40814, Oct. 18, 1984, as amended at 84 FR 193, Jan. 18, 2019] | (a) Purpose. The purposes of extended evaluation status are to: (1) Identify a veteran for whom a period of extended evaluation is needed; and (2) Assure that necessary services are provided by VA during the extended evaluation. (b) Assignment to extended evaluation status. A veteran's case may be assigned or reassigned to extended evaluation status under provisions of § 21.57, § 21.74, § 21.86, § 21.94, or § 21.96. (c) Continuation in extended evaluation status. A veteran's case will be in extended evaluation status during periods in which: (1) The veteran is pending induction into the facility at which rehabilitation services will be provided; (2) The veteran is receiving rehabilitation services prescribed in the IEEP (§ 21.86); or (3) The veteran is on authorized leave of absence during an extended evaluation. (d) Termination of extended evaluation status. A veteran in extended evaluation status will remain in that status until one of the following events occur: (1) Following notification of necessary arrangements to begin an extended evaluation, the date the extended evaluation begins, and instructions as to the next steps to be taken, the veteran: (i) Fails to report and does not respond to followup contact by the case manager; (ii) Declines or refuses to enter the program; or (iii) Defers induction for a period exceeding 30 days beyond the scheduled date of induction, except where the deferment is due to illness or other sufficient reason; (2) VA determines the reasonable feasibility of a vocational goal for the veteran before completion of all of the planned evaluation because the decision does not require the further evaluation; (3) The veteran completes the extended evaluation; (4) Either the veteran or VA interrupts the extended evaluation; (5) Either the veteran or VA discontinues the extended evaluation; or (6) Service-connection for the veteran's service-connected disability is severed by VA or his or her continued eligibility otherwise ceases. See §§ 21.57 Extende… | ||||
| 38:38:2.0.1.1.6.1.202.69 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.190 “Rehabilitation to the point of employability” status. | VA | [49 FR 40814, Oct. 18, 1984, as amended at 84 FR 193, Jan. 18, 2019] | (a) Purpose. The rehabilitation to the point of employability status serves to: (1) Identify veterans who receive training and rehabilitation services to enable them to attain a vocational goal; and (2) Assure that services specified in the veteran's IWRP are provided in a timely manner by VA. (b) Assignment. A veteran's case may be assigned or reassigned to rehabilitation to the point of employability status under the provisions of § 21.84, § 21.94, or § 21.96. (c) Continuation in rehabilitation to the point of employability status. A veteran will be assigned to rehabilitation to the point of employability status during periods in which: (1) The veteran has progressed through applicant status and evaluation and planning status (including extended evaluation status when appropriate), and is pending induction into the facility at which training and rehabilitation services will be provided; (2) The veteran is receiving training and rehabilitation services prescribed in the IWRP; or (3) The veteran is on authorized leave of absence. (d) Termination of rehabilitation to the point of employability status when goals of the IWRP for this period are achieved. VA will consider a veteran to have completed the period of rehabilitation to the point of employability, and will terminate this status under the following conditions: (1) The veteran achieves the goals of, and has been provided services specified in, the IWRP; (2) The veteran who leaves the program has completed a sufficient portion of the services prescribed in the IWRP to establish clearly that he or she is generally employable as a trained worker in the occupational objective established in the IWRP; (3) The veteran, who has not completed all prescribed services in the IWRP, accepts employment in the occupational objective established in the IWRP with wages and other benefits commensurate with wages and benefits received by trained workers; or (4) The veteran: (i) Satisfactorily completes a prescribed program, the practice of which… | ||||
| 38:38:2.0.1.1.6.1.202.70 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.192 “Independent living program” status. | VA | [49 FR 40814, Oct. 18, 1984, as amended at 84 FR 193, Jan. 18, 2019] | (a) Purpose. The independent living program status serves to: (1) Identify veterans who are being furnished a program of independent living services by VA; and (2) Assure that such veterans receive necessary services from VA in a timely manner. (b) Assignment to independent living program status. A veteran may be assigned or reassigned to independent living program status under the provisions of § 21.88, § 21.94, or § 21.96. (c) Continuation in independent living program status. A veteran will be in independent living program status during periods in which: (1) The provisions of § 21.282 for induction into a program are met, but the veteran is pending induction into the facility at which rehabilitation services will be provided; (2) The veteran receives rehabilitation services prescribed in an IILP; or (3) The veteran is on authorized leave of absence status. (d) Termination of independent living program status. When a veteran's case has been assigned to independent living program status, the case will be terminated from that status, if one of the following occurs: (1) A veteran, who has been notified of necessary arrangements to begin a program, the date the program begins and instructions as to the next steps to be taken: (i) Fails to report and does not respond to followup contact by the case manager; (ii) Declines or refuses to enter the program; or (iii) Defers entry for more than 30 days beyond the scheduled beginning date, unless the deferment is due to illness or other sufficient reason. (2) The veteran completes the IILP; (3) Either the veteran or VA interrupts the program; (4) Either the veteran or VA discontinues the program; or (5) Service-connection for the veteran's service-connected disability is severed by VA or he or she otherwise ceases to be eligible. See §§ 21.160 Independent living services, 21.282 Effective date of induction into a rehabilitation program, 21.322 Commencing date, and 21.324 Reduction or termination date. | ||||
| 38:38:2.0.1.1.6.1.202.71 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.194 “Employment services” status. | VA | [49 FR 40814, Oct. 18, 1984, as amended at 58 FR 68768, Dec. 29, 1993; 84 FR 193, Jan. 18, 2019] | (a) Purpose. The status employment services serves to: (1) Identify veterans who are being furnished employment services; and (2) Assure that these veterans receive necessary services in a timely manner. (b) Assignment to employment services status. A veteran's case may be assigned or reassigned to employment services status under the provisions of §§ 21.84, 21.88, and 21.94. (c) Continuation in employment services status. A case will remain in employment services status for the period specified in the IEAP, subject to the limitations specified in paragraph (d) of this section. (d) Termination of employment services status. The veteran will continue in employment services status until the earliest of the following events occurs: (1) He or she is determined to be rehabilitated under the provisions of § 21.283; or (2) He or she is: (i) Employed for at least 60 days in employment that does not meet the criteria for rehabilitation contained in § 21.283, if the veteran intends to maintain this employment and declines further assistance; and (ii) Adjusted to the duties and responsibilities of the job. (3) Either the veteran or VA interrupts the employment services program; (4) Either the veteran or VA discontinues the employment services program; (5) He or she reaches the end of the period for which employment services have been authorized and there is no basis for extension; or (6) Service-connection for the veteran's service-connected disability is severed or he or she otherwise ceases to be eligible. See §§ 21.47 Eligibility for employment assistance, 21.250 Overview of employment services, and 21.326 Authorization of employment services. | ||||
| 38:38:2.0.1.1.6.1.202.72 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.196 “Rehabilitated” status. | VA | [49 FR 40814, Oct. 18, 1984; 50 FR 9622, Mar. 11, 1985, as amended at 58 FR 68768, Dec. 29, 1993] | (a) Purpose. The purpose of rehabilitated status is to identify those cases in which the goals of a rehabilitation program or a program of employment services have been substantially achieved. (b) Assignment to “rehabilitated” status. A veteran's case shall be assigned to “rehabilitated” status when his or her case meets the criteria for rehabilitation contained in § 21.283. (c) Termination of rehabilitated status. A veteran's case will not be removed from rehabilitated status under § 21.284 once that status has been assigned, unless the determination of rehabilitation is set aside for a reason specified in § 21.284. See § 21.284 Reentrance into a rehabilitation program. | ||||
| 38:38:2.0.1.1.6.1.202.73 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.197 “Interrupted” status. | VA | [49 FR 40814, Oct. 18, 1984, as amended at 52 FR 2518, Jan. 23, 1987] | (a) Purpose. The purpose of interrupted status is to recognize that a variety of situations may arise in the course of a rehabilitation program in which a temporary suspension of the program is warranted. In each case, VA first must determine that the veteran will be able to return to a rehabilitation program or a program of employment services following the resolution of the situation causing the interruption. This determination will be documented in the veteran's record. (b) Assignment to “interrupted” status. A veteran's case will be assigned to interrupted status when: (1) VA determines that a suspension of services being provided is necessary; and (2) Either: (i) A definite date for resumption of the program is established; or (ii) The evidence indicates the veteran will be able to resume the program at some future date, which can be approximately established. (c) Reasons for assignment to “interrupted” status. A veteran's case may be interrupted and assigned to interrupted status for reasons including but not limited to the following: (1) Veteran does not initiate or continue rehabilitation process. If a veteran does not begin or continue the rehabilitation process, the veteran's case will be interrupted and assigned to interrupted status, including: (i) A case in evaluation and planning status; (ii) A case in extended evaluation status; (iii) A case in rehabilitation to the point of employability status; (iv) A case in independent living program status; or (v) A case in employment services status. (2) Unsatisfactory conduct and cooperation. If a veteran's conduct or cooperation becomes unsatisfactory, services and assistance may be interrupted as determined under provisions of §§ 21.362 and 21.364. (3) Services not available. The veteran cannot continue the program because the necessary training and rehabilitation services are unavailable. (4) Prior to assignment to “discontinued” status. A veteran's case shall be assigned to interrupted status prior to disc… | ||||
| 38:38:2.0.1.1.6.1.202.74 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.198 “Discontinued” status. | VA | [49 FR 40814, Oct. 18, 1984, as amended at 52 FR 2518, Jan. 23, 1987; 53 FR 32620, Aug. 26, 1988; 87 FR 8743, Feb. 16, 2022] | (a) Purpose. The purpose of discontinued status is to identify situations in which termination of all services and benefits received under Chapter 31 is necessary. (b) Placement in “discontinued”. VA will discontinue the veteran's case and assign the case to discontinued status following assignment to interrupted status as provided in § 21.197 for reasons including but not limited to the following: (1) Veteran declines to initiate or continue rehabilitation process. If a veteran does not initiate or continue the rehabilitation process and does not furnish an acceptable reason for his or her failure to do so following assignment to interrupted status, the veteran's case will be discontinued and assigned to discontinued status. This includes: (i) A case in applicant status; (ii) A case in evaluation and planning status; (iii) A case in extended evaluation status; (iv) A case in rehabilitation to the point of employability status; (v) A case in independent living program status; (vi) A case in employment services status; or (vii) A case in interrupted status; (2) Unsatisfactory conduct and cooperation. When a veteran's conduct or cooperation becomes unsatisfactory, services and assistance may be discontinued and assigned to discontinued status as determined under provisions of §§ 21.362 and 21.364. (3) Eligibility and entitlement. Unless the veteran desires employment assistance, the veteran's case will be discontinued and assigned to discontinued status when: (i) The veteran reaches the basic twelve-year termination date, and there is no basis for extension; or (ii) The veteran has used 48 months of entitlement under one or more VA programs, and there is no basis for extension of entitlement. (4) Medical and related problems. A veteran's case will be discontinued and assigned to discontinued status when: (i) The veteran will be unable to participate in a rehabilitation program because of a serious physical or emotional problem for an extended period; and (ii… | ||||
| 38:38:2.0.1.1.6.1.203.75 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.210 Supplies. | VA | (a) Purpose of furnishing supplies. Supplies are furnished to enable a veteran to pursue rehabilitation and achieve the goals of his or her program. (b) Definition. The term supplies includes books, tools, and other supplies and equipment which VA determines are necessary for the veteran's rehabilitation program. (c) Periods during which supplies may be furnished. Supplies may be furnished during: (1) Extended evaluation; (2) Rehabilitation to the point of employability; (3) Employment services; and (4) An independent living services program. (d) Supplies precluded. Notwithstanding the provisions of paragraph (c) of this section, supplies may not be furnished to a veteran who has elected, or is in receipt of, payment at the educational assistance rate paid under Chapter 34. | |||||
| 38:38:2.0.1.1.6.1.203.76 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.212 General policy in furnishing supplies during periods of rehabilitation. | VA | [49 FR 40814, Oct. 18, 1984, as amended at 88 FR 84240, Dec. 5, 2023] | (a) Furnishing necessary supplies during a period of rehabilitation services. A veteran will be furnished supplies that are necessary for a program of rehabilitation services. For example, a veteran training in a school will be furnished the supplies needed to pursue the school course. If additional supplies are subsequently needed to secure employment, they will be furnished during the period of employment services as provided in § 21.214(d). (b) Determining supplies needed during a period of rehabilitation. Subject to the provisions of §§ 21.210 through 21.220, VA will authorize only those supplies which are required: (1) To be used by similarly circumstanced non-disabled persons in the same training or employment situation; (2) To mitigate or compensate for the effects of the veteran's disability while he or she is being evaluated, trained or assisted in gaining employment; or (3) To allow the veteran to function more independently and thereby lessen his or her dependence on others for assistance. (c) When supplies may be authorized. Supplies should generally be authorized subsequent to the date of enrollment in training or beginning date of other rehabilitation services unless there are compelling reasons to authorize them earlier. Supplies may not be authorized earlier than the date the veteran's rehabilitation plan is approved by VA and the veteran is accepted by the facility or individual providing services. (d) Supplies needed, but not specifically required. VA may determine that an item, such as a calculator, while not required by the school for the pursuit of a particular school subject, is nevertheless necessary for the veteran to successfully pursue his or her program under the provisions of § 21.156 pertaining to incidental goods and services. The item may be authorized if: (1) It is generally owned and used by students pursuing the course; and (2) Students who do not have the item would be placed at a distinct disadvantage in pursuing the course. (e) Supplies for special projects a… | ||||
| 38:38:2.0.1.1.6.1.203.77 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.214 Furnishing supplies for special programs. | VA | [49 FR 40814, Oct. 18, 1984; 50 FR 9622, Mar. 11, 1985, as amended at 75 FR 3169, Jan. 20, 2010] | (a) General. A veteran pursuing one of the following types of vocational rehabilitation programs is eligible for any types of supplies listed in § 21.212. The following paragraphs clarify the applicability of the general provisions of § 21.212 to these special situations. (b) Supplies furnished to veterans pursuing training in the home. VA may furnish to veterans training in the home: (1) Books, tools, and supplies which schools or training establishments that train individuals outside the home for the objective the veteran is pursuing at home ordinarily require all students and trainees to personally possess; (2) Supplies and equipment which are essential to the prescribed course of training because the veteran is pursuing the course at home. Equipment in this category consists of items which ordinarily are not required by a school or training establishment; (3) Special equipment, such as a vise or drafting table; (4) Supplies needed to enable the veteran to function more independently in his or her home and community. (c) Supplies furnished to a veteran in farm cooperative training. The books and related training supplies which VA may furnish a veteran in farm cooperative training depend upon the type of instruction he or she is receiving: (1) When organized, group instruction is part of a veteran's course, VA will furnish those books and supplies which the school requires all students in the school portion of the course to own personally or on a rental basis; (2) When all instruction is given on the veteran's farm by an individual instructor, VA will furnish to a student only those textbooks and other supplies which would ordinarily be required by a school. (d) Obtaining and maintaining employment. A veteran being furnished employment services may receive supplies which: (1) The employer requires similarly circumstanced nonveterans to own upon beginning employment to the extent that the items were not furnished during the period in which the veteran was training for the objective, or the item… | ||||
| 38:38:2.0.1.1.6.1.203.78 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.216 Special equipment. | VA | (a) General. Special equipment should be authorized as necessary to enable a veteran to mitigate or overcome the effects of disability in pursuing a rehabilitation program. The major types of special equipment which may be authorized include: (1) Equipment for educational or vocational purposes. This category includes items which are ordinarily used by nondisabled persons pursuing evaluation or training, modified to allow for use by disabled persons. e.g., calculators with speech capability for blinded persons. (2) Sensory aids and prostheses. This category includes items which are specifically designed to mitigate or overcome the effects of disability. They range from eyeglasses and hearing aids to closed-circuit TV systems which amplify reading material for veterans with severe visual impairments. (3) Modifications to improve access. This category includes adaptations of environment not generally associated with education and training, such as adaptive equipment for automobiles or supplies necessary to modify a veteran's home to make either training or self-employment possible. (b) Coordination with other VA elements in securing special equipment. In any case in which the veteran needs special equipment and is eligible for such equipment under other VA programs, such as medical care and treatment at VA medical centers, the items will be secured under that program. The veteran must be found ineligible for needed special equipment under other programs and benefits administered by VA before the item may be authorized under Chapter 31. | |||||
| 38:38:2.0.1.1.6.1.203.79 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.218 Methods of furnishing supplies. | VA | (a) Supplies furnished by the school or facility. VA will make arrangements for the school or other facility furnishing a veteran training, rehabilitation assistance, or employment under Chapter 31 to provide supplies to the extent practicable. This method is the one most likely to assure that supplies are available and can be secured expeditiously. A facility may be considered to be furnishing supplies when the facility itself is the supplier, or the facility has designated a supplier. Prior authorization of supplies by the case manager is required, except for standard sets of books, tools, or supplies which the facility requires all trainees or employees to have. (b) Issuance of supplies not furnished by the facility. VA will issue authorized supplies directly to the veteran, if the supplies are not furnished by the facility providing training, rehabilitation services, or employment. See 48 CFR part 831. Contract cost principles and procedures. | |||||
| 38:38:2.0.1.1.6.1.203.80 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.219 Supplies consisting of clothing, magazines and periodicals, and items which may be personally used by the veteran. | VA | (a) Furnishing protective articles and clothing. Protective articles or apparel worn in place of ordinary clothing will be furnished at VA expense, when the school or training establishment requires similarly circumstanced nonveterans to use the articles of apparel. No other clothing will be supplied. (b) Furnishing magazines and periodicals. Appropriate past issues of magazines, periodicals, or reprints may be furnished in the same manner as text material, when relevant to the course or training. (c) Furnishing items which may be personally used. Musical instruments, cameras, or other items which could be used personally by the veteran may only be furnished if required by the facility to meet requirements for degree or course completion. | |||||
| 38:38:2.0.1.1.6.1.203.81 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.220 Replacement of supplies. | VA | (a) Lost, stolen, misplaced or damaged supplies. VA will replace articles which are necessary to further pursuit of the veteran's program and which are lost, stolen, misplaced, or damaged beyond repair through no fault of the veteran; (1) VA will make an advancement from the Vocational Rehabilitation Revolving Fund to a veteran to replace articles for which VA will not pay, if the veteran is without funds to pay for them; (2) If a veteran refuses to replace an article indispensable to the program after VA determines that its loss or damage was his or her fault, the veteran's refusal may be considered as noncooperation under § 21.364; (3) If the veteran's program is discontinued under provisions of § 21.364(b), he or she will be reentered into the program only when he or she replaces the necessary articles. (b) Personally purchased supplies. VA will not generally reimburse a veteran who personally buys supplies. VA may pay for the required supplies which a training facility or other vendor sells to a veteran, if the facility chooses to return to the veteran the amounts he or she paid, so that the charges stand as an unpaid obligation of VA to the facility. If the facility does not agree to such an arrangement, VA may still pay the veteran, if the facts and equities of the case are demonstrated. (c) Supplies used in more than one part of the program. Except as provided in paragraph (a) of this section, VA will generally furnish any nonconsumable supplies only one time, even though the same supplies may be required for use by the veteran in another subject or in another quarter, semester, or school year. | |||||
| 38:38:2.0.1.1.6.1.203.82 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.224 Prevention of abuse. | VA | [49 FR 40814, Oct. 18, 1984, as amended at 88 FR 84240, Dec. 5, 2023] | Supplies are to be furnished under the most careful checks by the case manager as to what is needed by the veteran to pursue his or her program. Determinations of the supplies needed to enable the veteran to successfully pursue his or her rehabilitation program are made under the provisions of §§ 21.210 through 21.220. | ||||
| 38:38:2.0.1.1.6.1.204.83 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.240 Medical treatment, care and services. | VA | (a) General. A Chapter 31 participant shall be furnished medical treatment, care and services which VA determines are necessary to develop, carry out and complete the veteran's rehabilitation plan. The provision of such services is a part of the veteran's entitlement to benefits and services under Chapter 31, and is limited to the period or periods in which the veteran is a Chapter 31 participant. (b) Scope of services. The services which may be furnished under Chapter 31 include the treatment, care and services described in part 17 of this title. In addition the following services may be authorized under Chapter 31 even if not included or described in part 17: (1) Prosthetic appliances, eyeglasses, and other corrective or assistive devices; (2) Services to a veteran's family as necessary for the effective rehabilitation of the veteran; (3) Special services (including services related to blindness and deafness) including: (i) Language training; speech and voice correction, training in ambulation, and one-hand typewriting; (ii) Orientation, adjustment, mobility and related services; (iii) Telecommunications, sensory and other technical aids and devices. (c) Eligibility. A veteran is eligible for the services described in paragraph (b) of this section during periods in which he or she is considered a Chapter 31 participant. These periods include: (1) Initial evaluation; (2) Extended evaluation; (3) Rehabilitation to the point of employability; (4) Independent living services program; (5) Employment services; and (6) Other periods to the extent that services are needed to begin or continue in any of the statutes described in paragraphs (c)(1) through (5) of this section. Such periods include but are not limited to services needed to facilitate reentry into rehabilitation following: (i) Interruption; or (ii) Discontinuance because of illness or injury. See § 17.48(g). Participating in a rehabilitation program under Chapter 31. | |||||
| 38:38:2.0.1.1.6.1.204.84 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.242 Resources for provision of treatment, care and services. | VA | (a) General. VA medical centers are the primary resources for the provision of medical treatment, care and services for Chapter 31 participants which may be authorized under the provisions of § 21.240. The availability of necessary services in VA facilities shall be ascertained in each case. (b) Hospital care and medical service. Hospital care and medical services provided under Chapter 31 shall only be furnished in facilities over which VA has direct jurisdiction, except as authorized on a contract or fee basis under the provisions of part 17 of this title. See § 17.30(l). Hospital care. § 17.30(m) Medical services. | |||||
| 38:38:2.0.1.1.6.1.205.85 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.250 Overview of employment services. | VA | [49 FR 40814, Oct. 18, 1984; 50 FR 9622, Mar. 11, 1985, as amended at 54 FR 21216, May 17, 1989] | (a) General. Employment services shall be provided if: (1) Eligibility for employment services exists; (2) The employment services which are needed have been identified; and (3) The services which have been identified are incorporated in the veteran's IWRP (Individualized Written Rehabilitation Plan) or IEAP (Individualized Employment Assistance Plan). (b) Definitions. (1) The term program (period) of employment services includes the counseling, medical, social, and other placement and postplacement services provided to a veteran under 38 U.S.C. Chapter 31 to assist the veteran in obtaining or maintaining suitable employment. The term program of employment services is used only if the veteran's eligibility under Chapter 31 is limited to employment services. (2) The term job development means a comprehensive professional service to assist the individual veteran to actually obtain a suitable job, and not simply the solicitation of jobs on behalf of the veteran. Continuing and mutually beneficial relationships with employers should be established by VA staff through referral of suitable employees and supportive services (e.g., adjustment counseling and job modification). Job development activities by VA staff are intended to provide disabled workers with a chance for suitable employment with cooperating employers. (3) The term employable means the veteran is able to secure and maintain employment in the competitive labor market or in a sheltered workshop or other special situation at the minimum wage. (c) Determining eligibility for, and the extent of, employment services. (1) A veteran's eligibility for employment services shall be determined under the provisions of § 21.47; (2) The duration of the period of employment services is determined under provisions of § 21.73; (3) An IEAP (Individualized Employment Assistance Plan) shall be prepared under provisions of § 21.88; (4) A veteran shall be placed in and removed from “Employment Assistance Status” under provisions of § 21.194. | ||||
| 38:38:2.0.1.1.6.1.205.86 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.252 Job development and placement services. | VA | [49 FR 40814, Oct. 18, 1984, as amended at 55 FR 42187, Oct. 18, 1990; 62 FR 17708, Apr. 11, 1997] | (a) General. Job development and placement services may include: (1) Direct placement assistance by VA; (2) Utilization of the job development and placement services of: (i) DVOP (Disabled Veterans Outreach Program) specialists; (ii) Programs authorized under the Rehabilitation Act of 1973, as amended; (iii) The State Employment Services and the Veterans' Employment and Training Service of the United States Department of Labor; (iv) The Office of Personnel Management; and (v) The services of any other public, or nonprofit organization having placement services available; and (vi) Any for-profit agency in a case in which it has been determined that comparable services are not available through public and nonprofit agencies and comparable services cannot be provided cost-effectively by the public and nonprofit agencies listed in this paragraph. (b) Promotion of employment and training opportunities. As funding permits, VA employees engaged in the administration of Chapter 31 will promote the establishment of employment, training, and related opportunities to accomplish the purposes described in § 21.1. (c) Advocacy responsibility. VA shall take reasonable steps to ensure that a veteran being provided employment services receives the benefit of any applicable provision of law or regulation providing for special consideration or emphasis or preference of the veteran in employment or training, especially programs and activities identified in the preceding paragraphs of this section. (d) Interagency coordination. VA employees providing assistance to Chapter 31 participants shall coordinate their job development, placement, promotional, and advocacy activities with similar or related activities of: (1) The Department of Labor and State employment security agencies as provided by written agreement or other arrangement; (2) The State approving agencies: (3) Other public, for-profit and nonprofit agencies providing employment and related services. | ||||
| 38:38:2.0.1.1.6.1.205.87 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.254 Supportive services. | VA | [49 FR 40814, Oct. 18, 1984, as amended at 54 FR 4283, Jan. 30, 1989; 57 FR 57108, Dec. 3, 1992; 62 FR 17709, Apr. 11, 1997; 75 FR 3169, Jan. 20, 2010] | (a) General. Supportive services which may be provided during a period or program of employment services include a broad range of medical treatment, care and services, supplies, license and other fees, special services, including services to the blind and deaf, transportation assistance, services to the veteran's family, and other appropriate services, subject to the limitations provided in VA regulations governing the provisions of these services under Chapter 31. (b) Exclusions. The following benefits may not be provided to the veteran by VA during a period or program of employment services: (1) Subsistence allowance, or payment of an allowance at the educational assistance rate paid under Chapter 30 for similar training; (2) Education and training services, other than brief courses, such as review courses necessary for licensure; (3) Revolving Fund Loan; and (4) Work-study allowance. (c) Individuals with service-connected disability(ies) trained for self-employment under a State rehabilitation agency. An individual with service-connected disability(ies) who has trained for self-employment under a State rehabilitation agency may be provided supplemental equipment and initial stocks and supplies similar to the materials supplied under 38 U.S.C. chapter 31 to individuals with the most severe service-connected disability(ies) who require self-employment as defined in § 21.257(b) if VA determines that the following conditions are met: (1) The individual is eligible for employment assistance under the provisions of § 21.47; (2) Evidence of record indicates that the individual has successfully completed training for a self-employment program under a State rehabilitation agency; (3) No other non-VA sources of assistance are known to be available for the individual to complete his or her self-employment program; and (4) The individual meets the requirements of the definition in § 21.257(b). | ||||
| 38:38:2.0.1.1.6.1.205.88 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.256 Incentives for employers. | VA | [49 FR 40814, Oct. 18, 1984; 50 FR 9622, Mar. 11, 1985; 54 FR 4283, Jan. 30, 1989; 57 FR 57108, Dec. 3, 1992; 62 FR 17709, Apr. 11, 1997; 87 FR 8743, Feb. 16, 2022] | (a) General. VA may make payments to employers to enable a veteran who has been rehabilitated to employability to begin and maintain employment or to provide on-job training. The purpose of such payment is to facilitate the placement of veterans who are generally qualified for employment but may lack some specific training or work experience which the employer requires or who are difficult to place due to their disability. The specific conditions which must be met before this option may be considered are contained in paragraphs (b) through (d) of this section. (b) Requirements for payments to employers. Payments may be made to employers to provide on-job training or to begin and maintain employment if all of the following conditions are met: (1) The veteran is in need of an on-job training situation or is generally qualified for employment but such on-job situation or employment opportunity is not otherwise available despite repeated and intensive efforts on the part of VA and the veteran to secure such opportunities. These conditions are also considered to be met when: (i) There are few employers within commuting distance of the veteran's home who can provide a training or employment opportunity consistent with the veteran's plan; and (ii) The veteran reasonably could not be required to seek on-job or employment opportunities in other areas due to the effects of his or her disability, family situation, or other pertinent factors; and (iii) The available local employers will only provide a training or employment opportunity if VA agrees to reimburse for direct expenses to the degree permitted under this section. (2) The training establishment or employer is in compliance with provisions of § 21.292 (a) and (b), pertaining to the approval of courses and facilities. (3) VA entered into an agreement with the employer in writing prior to the beginning of the period of on-job training or employment, whereby the employer will be reimbursed for direct expenses approved under provisions of paragraph (c) of thi… | ||||
| 38:38:2.0.1.1.6.1.205.89 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.257 Self-employment. | VA | [75 FR 3170, Jan. 20, 2010] | (a) Approval of self-employment as a vocational goal. A program of vocational rehabilitation benefits and services may include self-employment for an individual if VA determines that such an objective is a suitable vocational goal. VA will make this determination based on— (1) The results of the individual's initial evaluation conducted in accordance with the provisions of § 21.50; and (2) The provisions of this section. (b) Definition. For purposes of this subpart, individuals with the most severe service-connected disability(ies) who require self-employment means individuals who have been determined by VA to have limitations affecting employability arising from the effects of each individual's service-connected disability(ies), which are so severe as to necessitate selection of self-employment as the only reasonably feasible vocational goal for the individuals. (c) Scope of self-employment benefits and services. (1) VA may provide the self-employment services listed in paragraph (d) of this section to program participants who are pursuing the vocational goal of self-employment. (2) VA may provide the more extensive services listed in paragraph (e) of this section to individuals with the most severe service-connected disability(ies) who require self-employment. (d) Assistance for other individuals in self-employment. Subject to the provisions of § 21.258, VA may provide the following assistance to any individual for whom self-employment is determined to be a suitable vocational goal— (1) Vocational training; (2) Incidental training in the management of a business; (3) License or other fees required for self-employment; (4) Necessary tools and supplies for the occupation; and (5) Services described in § 21.252. (e) Special self-employment services for individuals with the most severe service-connected disability(ies) who require self-employment. Individuals described in paragraph (b) of this section who are in a self-employment program may receive— (1) The services described in paragraph … | ||||
| 38:38:2.0.1.1.6.1.205.90 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.258 Cost limitations on approval of self-employment plans. | VA | [75 FR 3170, Jan. 20, 2010, as amended at 87 FR 8743, Feb. 16, 2022] | A self-employment plan with an estimated or actual cost of less than $25,000 may be approved by the Veteran Readiness and Employment (VR&E) Officer with jurisdiction. Any self-employment plan with an estimated or actual cost of $25,000 or more must be approved by the Executive Director, VR&E Service. | ||||
| 38:38:2.0.1.1.6.1.206.91 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.260 Subsistence allowance. | VA | [49 FR 40814, Oct. 18, 1984, as amended at 51 FR 9955, Mar. 24, 1986; 52 FR 42113, Nov. 3, 1987; 54 FR 4283, Jan. 30, 1989; 56 FR 7567, Feb. 25, 1991; 60 FR 4561, Jan. 24, 1995; 65 FR 51764, Aug. 25, 2000; 65 FR 60724, Oct. 12, 2000; 76 FR 34000, June 10, 2011; 76 FR 45703, Aug. 1, 2011] | (a) General. A veteran participating in a rehabilitation program under 38 U.S.C. chapter 31 will receive a monthly subsistence allowance at the rates in paragraph (b) of this section, unless the veteran elects to receive an alternate payment (for the purposes of part 21, subpart A, referred to as the Post-9/11 subsistence allowance ) as specified in paragraph (c) of this section, or payment at the rate of monthly educational assistance allowance payable under 38 U.S.C. chapter 30 for the veteran's type of training. See § 21.264(a) for election of payment at the chapter 30 rate and § 21.264(b) for election of the Post-9/11 subsistence allowance. See §§ 21.7136, 21.7137, and 21.7138 to determine the applicable chapter 30 rate. (b) Rate of payment. VA pays subsistence allowance at the rates stated in the following tables: (1) Subsistence allowance is paid at the following rates effective October 1, 1994, and before November 2, 1994: 1 For measurement of rate of pursuit, see §§ 21.4270 through 21.4275. 2 For on-job training, subsistence allowance may not exceed the difference between the monthly training wage, not including overtime, and the entrance journeyman wage for the veteran's objective. 3 The quarter-time rate may be paid only during extended evaluation. (2) Subsistence allowance is paid at the following rates effective November 2, 1994, and before October 1, 1995: 1 For measurement of rate of pursuit, see §§ 21.4270 through 21.4275. 2 For on-job training, subsistence allowance may not exceed the difference between the monthly training wage, not including overtime, and the entrance journeyman wage for the veteran's objective. 3 The quarter-time rate may be paid only during extended evaluation. (3) The following table states the monthly rates of subsistence allowance payable for participation in a rehabilitation program under 38 U.S.C. Chapter 31 that occurs after September 30, 1995, and before October 1, 1996: 1 For measurement of rate of pursuit, see §§ 21.4270 through 21.4275. 2 … | ||||
| 38:38:2.0.1.1.6.1.206.92 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.262 Procurement and reimbursement of cost for training and rehabilitation services, supplies, or facilities. | VA | (a) General. Whenever services, supplies and facilities from source outside VA are required by any of these regulations, they shall be provided through contract, agreement of other cooperative arrangement between VA and the vendor. (b) VA Acquisition Regulations. Payments of charges for training and rehabilitation services, supplies, or facilities, authorized under Chapter 31 are subject to the provisions of applicable VA Acquisition Regulations especially 48 CFR part 831 and subpart 871.2. | |||||
| 38:38:2.0.1.1.6.1.206.93 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.264 Election of payment at the 38 U.S.C. chapter 30 educational assistance rate or election of payment of Post-9/11 subsistence allowance. | VA | [49 FR 40814, Oct. 18, 1984, as amended at 54 FR 4283, Jan. 30, 1989; 57 FR 57108, Dec. 3, 1992; 76 FR 45704, Aug. 1, 2011] | (a) Election of chapter 30 educational assistance rate. (1) Eligibility. A veteran who applies for, and is found entitled to training or education under Chapter 31, may elect to receive payment at the educational allowance rate and other assistance furnished under Chapter 30, for similar training in lieu of a subsistence allowance, provided the following criteria are met: (i) The veteran has remaining eligibility for, and entitlement to educational assistance under Chapter 30; (ii) The veteran enrolls in a program of education or training approved for benefits under Chapter 30; (iii) The program of education is part of an IWRP (Individualized Written Rehabilitation Plan) approved by VA. (2) Reelection of subsistence allowance. Reelection of payment of benefits at the Chapter 31 subsistence allowance rate may be made only after completion of a term, quarter, semester, or other period of instruction unless: (i) Chapter 30 eligibility or entitlement ends earlier; (ii) Failure to approve immediate reelection would prevent the veteran from continuing in the rehabilitation program. (3) Services precluded. A veteran entitled to vocational rehabilitation training or education who elects payment at the educational assistance rate payable under Chapter 30 shall be provided the same training and rehabilitation services as other veterans under Chapter 31, but may not be provided: (i) Subsistence allowances; (ii) Loans from the revolving fund loan; (iii) Payment of costs for: (A) Vocational and other training services; (B) Supplies; or (C) Individualized tutorial assistance. (4) Chapter 30 provisions applicable. A veteran who has elected payment at the Chapter 30 educational assistance rate must meet the same terms and conditions as other veterans pursuing similar training under these programs. (b) Election of payment of Post-9/11 subsistence allowance —(1) Eligibility. Effective August 1, 2011, a veteran who applies and is eligible for training or education under chapter 31 may elect to receive pa… | ||||
| 38:38:2.0.1.1.6.1.206.94 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.266 Payment of subsistence allowance under special conditions. | VA | (a) Hospitalized veteran or serviceperson. A veteran pursuing a VA rehabilitation program under Chapter 31 while hospitalized in a VA medical center or in any other hospital at VA expense may receive the subsistence allowance otherwise payable. The subsistence allowance will be paid at the rates specified in § 21.260, except: (1) The amount of subsistence allowance or the allowance provided under § 21.264 that may be paid to a veteran pursuing a rehabilitation program for any month for which the veteran receives compensation at the rate prescribed in § 3.401(h) of this title, as the result of hospital treatment (not including post-hospital convalescence) or observation at the expense of VA may not exceed, when added to any compensation to which such veteran is entitled for the month, an amount equal to the greater of: (i) The sum of: (A) the amount of monthly subsistence of the allowance payable under § 21.264, and (B) the amount of monthly disability compensation that would be paid to the veteran if he or she was not receiving compensation at the temporary 100 percent rate as the result of such hospital treatment or observation, or (ii) The amount of monthly disability compensation payable under § 3.401(h) of this title. (2) A veteran pursuing a rehabilitation program while in post hospital convalescence (§ 3.401(h)) will be paid the regular rate of subsistence allowance. (3) A serviceperson pursuing a rehabilitation program under Chapter 31 will not receive a subsistence allowance if he or she is hospitalized in a medical facility under the jurisdiction of the Secretary pending final discharge from the armed forces. (b) Specialized rehabilitation facility —(1) A veteran in a specialized rehabilitation facility will be paid the regular rate of subsistence allowance at the institutional rate. VA may pay the cost of room and board in lieu of subsistence allowance when: (i) The specialized rehabilitation facility requires that similarly circumstanced persons pay the same charges for room and board, and (… | |||||
| 38:38:2.0.1.1.6.1.206.95 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.268 Employment adjustment allowance. | VA | [49 FR 40814, Oct. 18, 1984, as amended at 54 FR 4284, Jan. 30, 1989; 57 FR 57108, Dec. 3, 1992; 79 FR 15921, Mar. 24, 2014] | (a) General. A veteran who completes a period of rehabilitation and reaches the point of employability will be paid an employment adjustment allowance for a period of two months at the full-time subsistence allowance rate for the type of program the veteran was last pursuing. (See § 21.190(d)) (b) Reelection of subsistence allowance. A veteran who has elected payment at the Chapter 30 educational assistance allowance rate may be paid an employment adjustment allowance only if he or she reelects subsistence allowance to become effective no later than the day following completion of the period of rehabilitation to the point of employability. (c) Special programs. An employment adjustment allowance will be paid at the institutional rate of subsistence allowance for veterans in any of the following programs: (1) On-job training at no or nominal pay in a Federal agency; (2) Training in the home program; (3) Independent instructor program; (4) Cooperative program; or (5) Self-employment program. (d) Combination program. A veteran who has pursued a combination program will be paid an employment adjustment allowance at the full-time rate for the type of training the veteran was actually pursuing at the completion of the period of rehabilitation to the point of employability. (e) Subsequent payments of employment adjustment allowance. If a veteran has ever received an employment adjustment allowance following rehabilitation to the point of employability, he or she may, nevertheless, receive it again when completing an additional rehabilitation program to the point of employability if: (1) The prior determination of rehabilitation to the point of employability is set aside; and (2) The veteran is reinducted into a new vocational rehabilitation program as provided in § 21.282. (f) Special situations. Effective August 6, 2013, a veteran who has been displaced as the result of a natural or other disaster while being paid an employment adjustment allowance may receive up to an additional two months of e… | ||||
| 38:38:2.0.1.1.6.1.206.96 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.270 Payment of subsistence allowance during leave and other periods. | VA | [49 FR 40814, Oct. 18, 1984, as amended at 76 FR 45705, Aug. 1, 2011] | (a) Payment during leave. VA will pay an eligible veteran a subsistence allowance during any period of approved leave including a veteran: (1) Receiving medical or rehabilitation services on an outpatient basis at a VA medical center, and who provides his or her own room and board; (2) Receiving service department retirement or retained pay while not on active duty; (3) Hospitalized at a VA medical center while on approved leave. If the veteran becomes eligible for payment of disability compensation at the temporary 100 percent rate, under § 3.401(h) of this title due to hospitalization, payment will be made under provisions of § 21.266(a). (b) Payment for other periods. Subsistence allowance will be paid for: (1) Weekend and legal holidays, or customary vacation periods associated with them; (2) Periods in which the school is closed temporarily under emergency conditions described in § 21.4138(f). | ||||
| 38:38:2.0.1.1.6.1.206.97 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.272 Veteran-student services. | VA | [49 FR 40814, Oct. 18, 1984; 50 FR 9622, Mar. 11, 1985; 54 FR 4284, Jan. 30, 1989, as amended at 56 FR 14648, Apr. 11, 1991; 57 FR 57108, Dec. 3, 1992; 62 FR 17709, Apr. 11, 1997] | (a) Eligibility. Veterans who are pursuing a rehabilitation program under chapter 31 on a three-quarter or full-time basis are eligible to receive a work-study allowance. (b) Selection criteria. Whenever feasible, VA will give priority to veterans with service-connected disabilities rated at 30 percent or more disabling in selection of recipients of this allowance. VA shall consider the following additional selection criteria: (1) Need of the veteran to augment the subsistence allowance or payment made by the Chapter 30 rate; (2) Motivation of the veteran; and (3) Compatibility of the work assignment with the veteran's physical condition. (c) Utilization. Veteran-student services may be utilized in connection with: (1) VA outreach service program as carried out under the supervision of a VA employee; (2) Preparation and processing of necessary VA papers and other documents at educational institutions, regional offices or other VA facilities; (3) Hospital and domiciliary care and medical treatment at VA facilities; and (4) Any other appropriate activity of VA. (d) Rate of payment. (1) In return for the veterans' agreement to perform services for VA totaling 25 times the number of weeks contained in an enrollment period, VA will pay an allowance equal to the higher of: (i) The hourly minimum wage in effect under section 6(a) of the Fair Labor Standards Act of 1938 times the number of hours the veteran has agreed to work; or (ii) The hourly minimum wage under comparable law of the State in which the services are to be performed times the number of hours the veteran has agreed to work. (2) VA will pay proportionately less to a veteran who agrees to perform a lesser number of hours of services. (e) Payment in advance. VA will pay in advance an amount equal to 40 percent of the total amount payable under the contract (but not more than an amount equal to 50 times the applicable hourly minimum wage). (f) Veteran reduces rate of training. In the event the veteran reduces his or her training to … | ||||
| 38:38:2.0.1.1.6.1.206.98 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.274 Revolving fund loan. | VA | [49 FR 40814, Oct. 18, 1984, as amended at 76 FR 45705, Aug. 1, 2011; 81 FR 26132, May 2, 2016; 87 FR 8743, Feb. 16, 2022] | (a) Establishment of revolving fund loan. A revolving fund is established to provide advances to veterans who would otherwise be unable to begin or continue in a rehabilitation program without such assistance. (b) Definition. The term advance means a non-interest loan from the revolving fund. (c) Eligibility. A veteran is eligible for an advance if the following conditions are present: (1) An Individualized Written Rehabilitation Plan, Individualized Extended Evaluation Plan, or Individualized Independent Living Plan has been prepared; and (2) The veteran and VA staff agree on the terms and conditions of the plan. (d) Advance conditions. (1) An advance may be approved when the following conditions are met: (i) The purpose of the advance is clearly and directly related to beginning, continuing, or reentering a rehabilitation program; (ii) The veteran would otherwise be unable to begin, continue or reenter his or her rehabilitation program; (iii) The advance does not exceed either the amount needed, or twice the monthly subsistence allowance for a veteran without dependents in full-time institutional training specified in § 21.260(b); and (iv) The veteran has elected, or is in receipt of, subsistence allowance. (2) An advance may not be made to a veteran who meets conditions described in paragraph (d)(1) of this section if the veteran: (i) Has not fully repaid an advance; (ii) Does not agree to the terms and conditions for repayment; or (iii) Will not be eligible in the future for payments of pension, compensation, subsistence allowance, educational assistance, or retired pay. (e) Determination of the amount of the advance. (1) If the conditions described in paragraphs (c) and (d)(2) of this section are met, a Counseling Psychologist (CP), Vocational Rehabilitation Counselor (VRC), or vocational rehabilitation specialist in the Veteran Readiness and Employment (VR&E) Division will: (i) Document the findings; and (ii) Determine the amount of the advance. (2) Loans will be made in multipl… | ||||
| 38:38:2.0.1.1.6.1.206.99 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.276 Incarcerated veterans. | VA | [49 FR 40814, Oct. 18, 1984, as amended at 51 FR 22807, June 23, 1986; 54 FR 4284, Jan. 30, 1989; 57 FR 57108, Dec. 3, 1992] | (a) General. The provisions contained in this section describe the limitations on payment of subsistence allowance and charges for tuition and fees for: (1) Incarcerated veterans; (2) Formerly incarcerated veterans in halfway houses; and (3) Incarcerated and formerly incarcerated veterans in work release programs. (b) Definition. The term incarcerated veteran means any veteran incarcerated in a Federal, State, or local prison, jail, or other penal institution for a felony. It does not include any veteran who is pursuing a rehabilitation program under Chapter 31 while residing in a halfway house or participating in a work-release program in connection with such veteran's conviction of a felony. (c) Subsistence allowance not paid to an incarcerated veteran. A subsistence allowance may not be paid to an incarcerated veteran convicted of a felony, but VA may pay all or part of the veteran's tuition and fees. (d) Halfway house. A subsistence allowance may be paid to a veteran pursuing a rehabilitation program while residing in a halfway house as a result of a felony conviction even though all of the veteran's living expenses are paid by a non-VA Federal, State, or local government program. (e) Work-release program. A subsistence allowance may be paid to a veteran in a work-release program as a result of a felony conviction. (f) Services. VA may provide other appropriate services, including but not limited to medical, reader service, and tutorial assistance necessary for the veteran to pursue his or her rehabilitation program. (g) Payment of allowance at the rates paid under Chapter 30. A veteran incarcerated for a felony conviction or a veteran in a halfway house or work-release program who elects payment at the educational assistance rate paid under Chapter 30 shall be paid in accordance with the provisions of law applicable to other incarcerated veterans training under Chapter 30. (h) Apportionment. Apportionment of subsistence allowance which began before October 17, 1980 made to depende… | ||||
| 38:38:2.0.1.1.6.1.207.100 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 21 | PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION | A | Subpart A—Veteran Readiness and Employment | § 21.282 Effective date of induction into a rehabilitation program; retroactive induction. | VA | [75 FR 3165, Jan. 20, 2010, as amended at 84 FR 193, Jan. 18, 2019] | (a) Entering a rehabilitation program. The effective date of induction into a rehabilitation program is governed by the provisions of §§ 21.320 through 21.334, except as provided in this section. (b) Retroactive induction. Subject to paragraphs (c) and (d) of this section, an individual may be inducted into a rehabilitation program on a retroactive basis. If the individual is retroactively inducted, VA may authorize payment pursuant to § 21.262 or § 21.264 for tuition, fees, and other verifiable expenses that an individual paid or incurred consistent with the approved rehabilitation program. In addition, VA may authorize payment of subsistence allowance pursuant to §§ 21.260, 21.266, and 21.270 for the period of retroactive induction, except for any period during which the individual was on active duty. (c) Conditions for retroactive induction. Retroactive induction into a rehabilitation program may be authorized for a past period under a claim for vocational rehabilitation benefits when all of the following conditions are met: (1) The past period is within— (i) A period under § 21.40(c) during which a servicemember was awaiting discharge for disability; or (ii) A period of eligibility under §§ 21.41 through 21.44 or 38 U.S.C. 3103. (2) The individual was entitled to disability compensation under 38 U.S.C. chapter 11 during the period or would likely have been entitled to that compensation but for active-duty service. (3) The individual met the criteria for entitlement to vocational rehabilitation benefits and services under 38 U.S.C. chapter 31 in effect during the period. (4) VA determines that the individual's training and other rehabilitation services received during the period were reasonably needed to achieve the goals and objectives identified for the individual and may be included in the plan developed for the individual ( see §§ 21.80 through 21.88, and §§ 21.92 through 21.96). (5) VA has recouped any benefits that it paid the individual for education or training pursued under any VA educ… |
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