(ii) Declines or refuses reentrance into training;

(iii) Defers reentrance into training for a period exceeding 30 days beyond the scheduled date of reentrance, except where such deferment is due to physical incapacity or other conditions of personal and compelling nature;

(iv) Fails to report and fails to furnish the Veterans Administration satisfactory reasons for not reporting after receiving notice to report at a designated place and time to commence training; or (v) Commences or continues to pursue education or training under Chapter 33.

(8) The veteran in status "interrupted" while back in military service is released from service and fails for a period of more than 60 days to apply for : reentrance into training.

(b) A veteran in status "discontinued" after having his application for reentrance into training approved, and being properly notified that suitable training is available for him and instructed as to the next step he should take will revert to discontinued status when he:

(1) Fails to respond;

(2) Declines or refuses reentrance into training;

(3) Defers reentrance into training for a period exceeding 30 days beyond the scheduled date of reentrance, except where such deferment is due to physical Fincapacity or other conditions of personal and compelling nature;

(4) Fails to report and fails to furnish the Veterans Administration satisfactory reasons for not reporting after receiving notice to report at a designated place and time to commence training; or

(5) Commences or continues to pursue education or training under Chapter 33. (c) In all cases of discontinuance of training, the facts, together with evidence justifying the discontinuance, shall be ascertained and recorded.

§ 21.284 Status "entitlement expired". A veteran shall be placed in status "Entitlement Expired" on the day following his termination date under the law when he is properly in training or in interrupted status on his termination

date.

REENTRANCE INTO TRAINING [REVISED] SOURCE: $21.286 to 21.288 appear at 24 F.R. 2048, Mar. 19, 1959.

§ 21.286 Reentrance after rehabilitation.

When, subsequent to an official declaration of rehabilitation, a veteran whose disability rating has not been reduced to less than a compensable degree, requests further training, the declaration of rehabilitation may be canceled and the veteran reentered into training if it is determined that:

(a) The declaration of rehabilitation is no longer valid because, although at the time of the declaration the veteran was able to function satisfactorily in the occupation for which he was trained, current facts, including Veterans Administration medical findings, show that, in the meantime, the veteran's serviceincurred disability has worsened to the extent that the disability precludes his performing the duties of the occupation for which he was trained;

(b) The declaration of rehabilitation was not valid at the time it was made because the training given was inadequate to render the veteran employable in the occupation for which he pursued training; or

(c) The declaration of rehabilitation was not valid because subsequent experience has demonstrated that employment in the objective for which the veteran was trained could not reasonably have been expected and such employment is not now available.

§ 21.287

Reentrance after interruption.

(a) A veteran who has been properly placed in "interrupted" status and presents himself for reentrance into training at the appointed time, will be reentered into training even though there has been a reduction in his disability rating to less than a compensable degree during the period of interruption.

(b) A veteran whose training was interrupted to await the time of licensure examination will be reentered for the time required to take the examination but not for the time required to receive the report of results of the examination.

(c) A veteran in "interrupted" status who fails to report for reentrance at the appointed time will be handled in accordance with the principles governing reentrance into training after discontinuance.

(1) If the veteran has a compensable disability resulting from service during the Korean Conflict, he will be referred

to Counseling to determine whether need exists as a result of that disability. If need is found to exist it will be determined whether the previous objective is suitable. If not, a suitable objective will be selected and the veteran will be entered into training under the policy governing vocational rehabilitation training of veterans of the Korean Conflict. If the veteran does not have, or need is not established as a result of, a compensable disability incurred in or aggravated by Korean service, he will be reentered into training for the program from which he was interrupted when he returned to service.

(2) If the time required to determine whether the veteran has a compensable disability, or whether there is need for training based on his Korean service, will cause an undue delay in reentering training-for example, cause the veteran to miss the beginning of a term or semester-he may be reentered into training on the basis of need established for his World War II service pending a determination of entitlement based on his Korean service. Then, if he is found entitled as a result of his Korean service, his case will be processed under the policy governing vocational rehabilitation for such service.

When a veteran whose training was discontinued, applies for reentrance into training, reentrance will be accomplished when:

(a) The reasons for discontinuance have been removed;

(b) The veteran still has a disability rating of a compensable degree; and

(c) Need for vocational rehabilitation is reestablished. Where the veteran has been in "discontinued" status to undergo medical treatment for an indefinite period and he applies for reentrance within 30 days of the date he is able to resume training as determined by competent medical examination, need will be considered to be established and he will not be referred to Counseling unless there exists some other compelling reason for such referral.

ASSISTING VETERANS IN OBTAINING
EMPLOYMENT [REVISED]

SOURCE: §§ 21.290 and 21.291 appear at 24 F.R. 2049, Mar. 19, 1959.

NOTE: §§ 21.290 to 21.291 supersede forme §§ 21.290 to 21.293a.

Prior Amendments

1958: 23 F.R. 6360, Aug. 19; 23 FR. 1050 Dec. 31.

§ 21.290 Veterans Administration r sponsibility.

The primary responsibilty of the Ve erans Administration in its vocations rehabilitation program is to restore enployability lost by virtue of the handicap of a service-incurred disability-to f the disabled veteran for employment consistent with the degree of disablement. The best proof that employability has been restored is a showing that the veteran actually has been placed in suitable employment. To accomplish this

(a) Every training program will have as its goal the actual employment of the veteran in the selected employment objective.

(b) Services of the appropriate State employment agency will be used to the fullest extent possible in assisting rehabilitated veterans to obtain suitable employment upon completion of their prescribed courses. Not less than 60 days prior to the anticipated date of rehabilitation it will be ascertained whether the veteran needs and desires employment assistance. If he desires such assistance, he will be referred to the appropriate employment agency. If he does not desire assistance in obtaining employment, he will not be referred to the employment agency and his records will be documented accordingly.

(c) Direct employment placement assistance will be provided in cooperation with the State employment agency, for those veterans who may be expected to encounter difficulty in obtaining suitable employment. If by the date of rehabilitation the veteran has not been employed or assured of employment, every reasonable effort to get the veteran employed will be continued until the veteran is suitably placed or until it is determined that all resources available to the regional office have been fully explored and developed and that there is little likelihood that continued efforts will result in placement.

(d) In order to assure that the vocational rehabilitation benefits afforded the disabled veteran are as effective as possible, followup assistance will be provided after the veteran obtains employ

ment in each case where, on the basis of knowledge of the veteran and understanding of his needs and problems, it is determined that such assistance is required. Followup assistance will include the observing of the veteran's performance in competitive employment and will be continued for a period of time necessary to determine that there is reasonable assurance that he has made a satisfactory employment adjustment.

(e) Where the seriously handicapped veteran who has been rehabilitated and suitably employed, loses his employment through no fault on his part, further employment placement assistance, in cooperation with the State employment service will be provided.

§ 21.291 Assisting a disabled veteran in obtaining sheltered employment.

When it is determined that the limiting effects of the veteran's disability are such that he cannot engage in or be trained for competitive employment, and training for sheltered employment is not required; the training officer will provide employment placement assistance needed by the veteran to find a suitable job in a sheltered employment environment.

COMBINATION OF TRAINING UNDER PUBLIC LAW 16, 78TH CONGRESS, AS AMENDED, AND PUBLIC LAW 346, 78TH CONGRESS, AS AMENDED [DELETED]

§ 21.294

Combination where Public Law 16 training follows Public Law 346 training.

[Deleted, 24 F.R. 2035, Mar. 19, 1959] § 21.295

Combination where Public Law 346 training follows Public Law 16 training.

[Deleted, 24 F.R. 2035, Mar. 19, 1959] COMBINATION OF TRAINING UNDER MORE

THAN ONE PROGRAM [REVISED] SOURCE: §§ 21.296 and 21.297 appear at 24 F.R. 2049, Mar. 19, 1959.

§ 21.296 Combination of vocational rehabilitation training for disabilities incurred in or aggravated by World War II and Korean Conflict service. (a) General. Combination vocational rehabilitation training for a disability of the Korean Conflict following vocational rehabilitation training for a disability of World War II, will be approved when the

veteran is determined to be entitled to and in need of vocational rehabilitation for the Korean Conflict disability. An objective will be selected which capitalizes to the fullest extent practicable the course previously pursued for the World War II disability.

(b) Where the training pursued as a result of the World Wor II disability was prior to the date of the veteran's first notice of disability from service in the Korean Conflict for which compensation was payable. In such case vocational rehabilitation training to the extent necessary to accomplish vocational rehabilitation will be provided notwithstanding training received to overcome the handicap of his World War II disability.

(1) Where a veteran has been reentered into training to complete the vocational rehabilitation needed to overcome the handicap of the disability of his World War II service at a time when he had no compensable disability for Korean service, but is later rated for a compensable disability for his Korean service, it will be determined whether need exists as a result of his Korean service disability:

(i) If need is found to exist, it will be determined whether the previous objective is suitable, considering the new disability. If not, a suitable objective will be selected. In either case a vocational rehabilitation program will be provided under the policy and limitations governing vocational rehabilitation for the disability of Korean service.

(ii) If it is determined that the veteran is not in need of training by reason of the disability incurred in Korean service, he will be continued in vocational rehabilitation training to overcome the handicap of his World War II disability. § 21.297 Vocational rehabilitation under Chapter 31 following education of Korean Conflict veterans under Chapter 33.

(a) A veteran with basic eligibility under Chapter 31, who continues to pursue for more than 60 days, enters, or resumes training under Chapter 33 after he is offered a counseling appointment to determine whether he is in need of vocational rehabilitation, will be limited to a total period of training under both Chapters 31 and 33 which will not exceed 48 months, unless his case meets one of the following:

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(1) The veteran's period of entitlement ends at such time that he is permitted to complete an unexpired quarter, semester, or other portion of his course, after the expiration of his period of entitlement, in accord with the policy on extending entitlement for unexpired term, et cetera under Chapter 33; or

(2) Vocational rehabilitation training in excess of four years would have been authorized for him in accord with the policy governing training in excess of four years, had the veteran chosen vocational rehabilitation training when he became eligible for it. In any such case, the aggregate training under Chapter 31 and Chapter 33 may not exceed the amount of training that would have been authorized under Chapter 31.

(b) In any case where training cannot be completed within the time specified in paragraph (a) of this section, the veteran will be informed that his application cannot be approved but will be reconsidered if he pursues, independently of the Veterans Administration, he sufficient portion of the course to enable him to complete the remainder within the applicable time limitations specified in paragraph (a) of this section. Where the veteran signifies that he will pursue such portion of the course independently of the Veterans Administration, a will be advised that when he has completed a sufficient portion of the course on his own, upon request, he will be entered into training under Chapter 31 to complete the remainder of the course if he still has a service-connected compensable disability. Such advice will be confirmed by letter to the veteran.

(c) Except in those cases where the provisions of paragraph (a) of this section are applicable, when a veteran, while in training or during a period of interruption for a valid reason under Chapter 33, becomes eligible under Chapter 31 and is determined to be in need of vocational rehabilitation, there shall be prescribed and provided whatever course of vocational rehabilitation is needed to restore his employability notwithstanding any education or training he may have received under Chapter 33. If the course of vocational rehabilitation alone will require more than 48 months, the case must be processed under the "conditions for approval of training in excess of 4 years."

(a) Institutions furnishing apprentice or other training on the job including business or other establishments and Government agencies, may not be paid tuition or incidental fees for such training. This will not preclude payment of fees customarily charged by a nonprofit workshop or similar establishment for providing work adjustment training to similarly circumstanced nonveterans even though, as part of the training, an incentive wage is paid to the trainee. (See §§ 21.539 and 21.540 for books, supplies, and equipment.)

[Paragraph (a) amended, 23 F.R. 10539, Dec. 31, 1958]

COUNSELING [REVISED]

SOURCE: §§ 21.700 to 21.735 appear at 24 F.R. 2050, Mar. 19, 1959.

Prior Amendments 1958: 23 F.R. 10539, Dec. 31.

§ 21.700 Counseling disabled veterans.

(a) Counseling will be provided each disabled veteran who has basic eligibility for and is interested in vocational rehabilitation. The principal purpose of counseling will be to assist each veteran who needs vocational rehabilitation to select and plan for the achievement of a suitable vocational objective. Counselors will apply approved counseling principles and techniques in accordance with professional standards and practices.

(b) Counseling will be provided by Counseling Psychologists (Vocational Rehabilitation and Education) or Psychologists (Vocational Adviser-Personal Counselor) to assist a veteran in over

coming problems of personal adjustment which are such as to interfere with his achieving, or deriving maximum benefit from, vocational rehabilitation. Such assistance will be provided whenever needed prior to entering training, while pursuing training, or while being assisted in making a satisfactory employment adjustment following a period of training.

(c) Each seriously handicapped veteran eligible for vocational rehabilitation who is homebound or hospitalized will be provided such counseling service as may be found appropriate to his physical or mental condition by a vocational rehabilitation and education counselor through visits to his home or through conferring with his hospital counselor on liaison visits.

§ 21.701 Determination of need for vocational rehabilitation.

(a) A veteran having basic eligibility for whom training is found medically feasible may be afforded training if he is found in need of vocational rehabilitation to overcome the handicap of a service-connected disability. Need will be held to exist unless there is convincing evidence that one of the conditions set forth below exists:

(1) The veteran is employed in a suitable occupation.

(2) The veteran is employable in a suitable occupation.

(3) Although the veteran is not employed or training for employment in a suitable occupation, the service-connected disability causes no limitations on his potential employability.

(4) Although a veteran, who was stably employed in a suitable occupation subsequent to separation from the Armed Forces, has lost his employability because of nonservice-connected disease or injury, such loss of employability is not related to his service-connected disability.

(b) For purpose of this section, an occupation will be considered suitable for a veteran when it meets the following criteria:

(1) The occupation is one which is pursued by workers in the locality where the veteran resides; and

(2) The veteran can meet the requirements of the occupation with no greater likelihood of aggravating the disability

and with no greater limitation in the pursuit of the occupation by reason of the disability than would occur in other appropriate occupations for which training might be authorized; and

(3) The occupation is one in which a. trained worker normally pursues employment and earns a livelihood over a considerable period of his life; and

(4) Job requirements are such that a. period of training (over and beyond vestibule training) is required to secure and hold employment in it; and

(5) Even though subparagraphs (3) and (4) of this paragraph are not met, the occupation is one in which the veteran is already performing, or may reasonably be expected to perform in accordance with his capacity, and it is concluded that further training will not improve his employability.

(c) Authority to make determinations as to need for vocational rehabilitation is delegated to vocational rehabilitation and education counselor personnel. When a counselor determines that a veteran is not in need of vocational rehabilitation, the veteran will be informed of his right to appeal the decision.

§ 21.705 Noncooperation of disabled

veterans.

When a disabled veteran fails or refuses to cooperate in the counseling process to the extent required to determine need for vocational rehabilitation or medical feasibility of training, or refuses to select an employment objective which is considered suitable for vocational rehabilitation purposes, action will be suspended on his application until his cooperation can be obtained. The veteran will be informed of the reason for the suspension and of his right of appeal. § 21.711 Redeterminations as to need.

(a) Prior to induction into training. When a determination has been made that a disabled veteran needs vocational rehabilitation this decision will not be changed unless there is (1) unmistakable error of fact or law; or (2) there is new and material evidence which justifies a change. This will apply to determinations made by vocational rehabilitation and education counselors while on authorized liaison visit to a Veterans Administration hospital as well as to determinations made at other Veterans Administration counseling locations. When