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21.7032 Time limits for making elections.

21.7144 Overpayments.


21.7150 Pursuit. 21.7151 Advance payment certifications 21.7152 Certification of enrollment. 21.7153 Progress and conduct. 21.7154 Pursuit and absences. 21.7156 Other required reports. 21.7158 False, late, or missing reports. 21.7159 Reporting fee.

ELIGIBILITY 21.7040 Categories of basic eligibility. 21.7042 Basic eligibility requirements. 21.7044 Persons with eligibility under 38

U.S.C. chapter 34. 21.7045 Eligibility based on involuntary sep

aration, voluntary separation, or participation in the Post-Vietnam Era Vet

erans' Educational Assistance Program. 21.7046 Eligibility for supplemental edu

cational assistance. 21.7050 Ending dates of eligibility. 21.7051 Extended period of eligibility.

ENTITLEMENT 21.7070 Entitlement. 21.7072 Entitlement to basic educational as

sistance. 21.7073 Entitlement for some individuals

who establish eligibility during the open period or who establish eligibility before

involuntary separation. 21.7074 Entitlement to supplemental edu

cational assistance. 21.7076 Entitlement charges.

COURSE ASSESSMENT 21.7170 Course measurement. 21.7172 Measurement of concurrent en


STATE APPROVING AGENCIES 21.7200 State approving agencies.


21.7220 Course approval. 21.7222 Courses and enrollments which

not be approved. 21.7280 Death benefit.

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PROGRAMS OF EDUCATION 21.7610 Selection of a program of education. 21.7612 Programs of education combining

two or more types of courses. 21.7614 Changes of program.

Subpart M-Vocational Training and Reha

bilitation for Vietnam Veterans' Children With Spina Bifida

COURSES 21.7620 Courses included in programs of edu

cation. 21.7622 Courses precluded. 21.7624 Overcharges and restrictions on en


GENERAL 21.8010 Vocational training program for cer

tain Vietnam veterans' children with

spina bifida. 21.8012 Definitions and abbreviations. 21.8014 Application. 21.8016 Nonduplication of benefits.

BASIC ENTITLEMENT REQUIREMENTS 21.8020 Entitlement to vocational training

and employment assistance. 21.8022 Entry and reentry.

EVALUATION 21.8030 Requirement for evaluation of child. 21.8032 Evaluations.


PARTICIPANTS 21.8050 Scope of training, services, and as


PAYMENTS EDUCATIONAL ASSISTANCE 21.7630 Educational assistance. 21.7631 Commencing dates. 21.7633 Suspension or discontinuance of pay

ments. 21.7635 Discontinuance dates. 21.7636 Rates of payment. 21.7639 Conditions which result in reduced

rates or no payment. 21.7640 Release of payments. 21.7642 Nonduplication of educational as

sistance. 21.7644 Overpayments.

PURSUIT OF COURSE AND REQUIRED REPORTS 21.7650 Pursuit. 21.7652 Certification of enrollment and

verification of pursuit. 21.7653 Progress, conduct, and attendance. 21.7654 Pursuit and absences. 21.7656 Other required reports. 21.7658 False, late, or missing reports. 21.7659 Reporting fee.

COURSE ASSESSMENT 21.7670 Measurement of courses leading to a

standard, undergraduate college degree. 21.7672 Measurement of courses not leading

to a standard college degree. 21.7673 Measurement of concurrent enroll

ments. 21.7674 Measurement of practical training


DURATION OF VOCATIONAL TRAINING 21.8070 Basic duration of a vocational train

ing program. 21.8072 Authorizing training, services, and

assistance beyond the initial individualized written plan of vocational rehabili

tation. 21.8074 Computing the period for vocational

training program participation.


VOCATIONAL REHABILITATION 21.8080 Requirement for an individualized

written plan of vocational rehabilitation. 21.8082 Inability of child to complete indi

vidualized written plan of vocational rehabilitation or achieve vocational goal.

COUNSELING 21.8100 Counseling.


ASSISTANCE 21.8120 Vocational training, services, and


STATE APPROVING AGENCIES 21.7700 State approving agencies.

APPROVAL OF COURSES 21.7720 Course approval. 21.7722 Courses and enrollments which may

not be approved.

ADMINISTRATIVE 21.7801 Delegation of authority. 21.7802 Finality of decisions. 21.7803 Revision of decisions. 21.7805 Conflicting interests. 21.7807 Examination of records.


VOCATIONAL POTENTIAL 21.8140 Evaluation and improvement of vocational potential.

SUPPLIES 21.8210 Supplies.

PROGRAM COSTS 21.8260 Training, services, and assistance


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Subpart A-Vocational Rehabilita

tion Under 38 U.S.C. Chapter 31

$21.21 Election of benefits under e

cation programs administered

the Department of Veterans Affa (a) Election of benefits required. A 1 eran must make an election of bene among the programs of education ministered by VA for which he or may be eligible. A veteran who basic entitlement to rehabilitat under chapter 31 and is also eligible assistance under any of the other e cation programs administered by must make an election of benefits tween chapter 31 and any other VA I gram of education for which he or may be eligible. The veteran may elect at any time if he or she is oth wise eligible. (See $821.264 and 21.334.

(Authority: 38 U.S.C. 1781(b))

(b) Use of prior training in formulat a rehabilitation program. If a vete has pursued an educational or traini program under an education progr

AUTHORITY: 38 U.S.C. 501(a), 3100-3121, unless otherwise noted.

SOURCE: 49 FR 40814, Oct. 18, 1984, unless otherwise noted.


$21.1 Training and rehabilitation for

veterans with service-connected

disabilities. (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.

(Authority: 38 U.S.C. 3100)

listed in $21.4020 of this part, the earlier program of education or special restorative training shall be utilized to the extent practicable.

(b) Employment assistance. (Authority: 38 U.S.C. 501(a), 3102, 3117, 5101(a))

(Authority: 38 U.S.C. 3695(b)) (53 FR 880, Jan. 14, 1988, as amended at 57 FR 57108, Dec. 3, 1992) $21.22 Nonduplication-Federal pro

grams. (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.

821.31 Informal claim.

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. (Authority: 38 U.S.C. 501(a), 5101(a), 5103(a))

(Authority: 38 U.S.C. 3681; Pub. L. 98–525)

(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.

$21.32 Time limit.

(a) Time limit for filino evidence. The provisions of this paragraph are applicable to an original application, formal or informal, for rehabilitation or employment assistance and to a claim for increased benefits by reason of the existence of a dependent.

(1) If a claimant's application is incomplete, the claimant will be notified of the evidence necessary to complete the application;

(2) If the evidence is not received within 1 year from the date of such notification, benefits may not be paid by reason of that application.

(b) Failure to furnish claim or notice of time limit. The failure of VA to furnish a claimant:

(1) Any form or information concerning the right to file a claim or to furnish notice of the time limit for the filing of a claim is not a basis for adjusting the periods allowed for these actions;

(2) Appropriate notice of time limits within which evidence must be submitted to perfect a claim shall result in an adjustment of the period during which the time limit runs. The period during which the time limit runs shall

Authority: 38 U.S.C. 3681) (49 FR 40814, Oct. 18, 1984, as amended at 54 FR 4283, Jan. 30, 1989; 57 FR 57108, Dec. 3, 1992)


$21.30 Claims.

A specific claim in the form prescribed by the Department of Veterans Affairs must be filed for:

(a) A program of rehabilitation services, or

be determined in accordance with paragraph (c) of this section. As to appeals see $ 19.129 of this chapter.

(Authority: (38 U.S.C. 5113))

(C) Adjustment of time limit. (1) In computing the time limit for any action required of a claimant or beneficiary to perfect the types of claims described in paragraph (a) of this section, the first day of the specified period will be excluded and the last day included. This rule is applicable in cases in which the time limit expires on a workday. Where the time limit would expire on a Saturday, Sunday, or holiday, the next succeeding workday will be included in the computation.

(2) The period during which the veteran must provide information necessary to perfect his or her claim does not begin to run until the veteran has been notified of this requirement for submission of information. The date of the letter of notification informing the veteran of the action required and the time limit for accomplishing the action shall be “The first day of the specified period” referred to in paragraph (C)(1) of this section.

(1) A combination of subjects or courses pursued at a school whit generally acceptable to meet req ments for a predetermined educati professional or vocational objectiv

(2) Such subjects or courses W are generally acceptable to meet quirements for more than one obje if all objectives pursued are gene recognized as being related to a si career field; or

(3) Any unit course or subject combination of courses or subj pursued by an eligible veteran at educational institution required by Administrator of the Small Busi Administration as a condition to taining financial assistance under provisions of section (7)(i)(1) of Small Business Act.

(Authority: 15 U.S.C. 636(i)(1), 38 U 3452(b))

(d) Program of independent living ices and assistance. This term inclu

(1) The services provided in this gram that are needed to enable a eran to achieve maximum indep ence in daily living, including co seling, diagnostic, medical, social, chological, and educational services termined by the Department of erans Affairs to be necessary, and

(2) The monthly allowance aut ized by 38 U.S.C. Chapter 31 for sui veteran.

(Authority: 38 U.S.C. 5101, 5113) [49 FR 40814, Oct. 18, 1984, as amended at 55 FR 12821, Apr. 6, 1990)

CROSS-REFERENCE: Due Process. See $3.103.


821.35 Definitions.

(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.

(Authority: 38 U.S.C. 3101(4))

(e) Rehabilitated to the point of emp ability. This term means that the eran is employable in an occupatior which a vocational rehabilitation gram has been provided under this gram

(Authority: 38 U.S.C. 3101(1), 3102)

(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.

(Authority: 38 U.S.C. 3101(5))

(f) Rehabilitation program. This ti includes, when appropriate:

(1) A vocational rehabilitation i gram (see paragraph (i) of this secti

(2) A program of independent liv services and assistance (see paragr (d) of this section) for a veteran whom a vocational goal has been de mined not to be currently reasona feasible; or

(Authority: 38 U.S.C. 3101(2))

(c) Program of education. This term means:

(Authority: 38 U.S.C. 3101(6); Pub. L. 99-57

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