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period of employment assistance (see $21.73).
period of employment assistance. ! $21.73).
(Authority: 38 U.S.C. 3105(C)(2))
(d) Approval of extension beyond months. All extensions of a rehabil tion program beyond 48 months of ta entitlement under all Department Veterans Affairs programs requires approval of the counseling psycholo and concurrence of the Vocational habilitation and Employment Offi Concurrence of the VR&C officer is required for an extension due to pri sion of employment assistance $21.21).
(Authority: 38 U.S.C. 3105(b)) [49 FR 40814, Oct. 18, 1984, as amended a FR 4283, Jan. 30, 1989; 57 FR 57108, Dec 1992]
(Authority: 38 U.S.C. 3105(b))
(c) Serious employment handicap. The duration of a rehabilitation program for a veteran with a serious employment handicap may be extended beyond 48 months under Chapter 31 for the number of months necessary to complete rehabilitation program under the following conditions:
(1) To enable the veteran to complete a period of rehabilitation to the point of employability;
(2) To provide an extended evaluation in cases in which the total period needed for an extended evaluation and for rehabilitation to the point of employability would exceed 48 months;
(3) To provide a program of independent living services, including cases in which achievement of a vocational goal becomes feasible during or following a program of independent living services;
(4) Following rehabilitation to the point of employability:
(i) The veteran has been unable to secure employment in the occupation for which training has been provided despite intensive efforts on the part of the Department of Veterans Affairs and the veteran, and a period of retraining or additional training is needed;
(ii) The skills which the veteran developed in training for an occupation in which he or she was employed are no longer adequate to maintain employment in that field and a period of retraining is needed;
(iii) 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 the veteran has been trained, and a period of training in the same or different field is required;
(iv) The occupation in which the veteran previously completed training is found to be unsuitable due to the veteran's abilities and employment handicap.
. (5) The assistance to be provided in excess of 48 months consists, only of a
$ 21.79 Determining entitlement us
under Chapter 31. (a) General. The determination of titlement usage for chapter 31 part pants is made under the provisions this section except as provided in pa graph (f) of this section. Charges entitlement usage shall be based uj the principle that a veteran who p sues a rehabilitation program for 1 should be charged 1 day of entitleme The determination of entitlement based upon the rate at which the v eran pursues his or her rehabilitati program. The rate of pursuit is det mined under the provisions of 821.310 this part.
(Authority: 38 U.S.C. 3108(d))
(b) No charge against chapter 31 en tlement. No charge will be ma against chapter 31 entitlement und any of the following circumstances:
(1) The veteran is receiving emplo ment services under an Individualia Employment Assistance Plan (IEAP)
(2) The veteran is receiving an el ployment adjustment allowance; or
(3) The veteran is on leave from 1 or her program, but leave is not a thorized by the Department of Ve erans Affairs.
(Authority: 38 U.S.C. 3108(d), 3117)
(c) Periods during which entitlemet may be charged. Charges for usage
chapter 31 entitlement may only be termination date, except for any period made for program participants in one of unauthorized leave; of the following case statuses:
(3) If the veteran's rate of pursuit (1) Rehabilitation to the point of em changes after the commencing date of ployability;
the rehabilitation program, the De(2) Extended evaluation; or
partment of Veterans Affairs will: (3) Independent living.
(i) Separate the period of rehabilita
tion program services into the actual (Authority: 38 U.S.C. 3106, 3109)
periods of time during which the vet(d) Method of charging entitlement eran's rate of pursuit was different; and under chapter 31. The Department of
(ii) Compute entitlement based on Veterans Affairs will make a charge
the rate of pursuit for each separate against entitlement:
elapsed time period. (1) On the basis of total elapsed time (1 day of entitlement for each day of
(Authority: 38 U.S.C. 3108(f)) pursuit) if the veteran is being pro (f) Special situtations. (1) When a chapvided a rehabilitation program on a ter 31 participant elects benefits of the full-time basis;
kind provided under chapter 30 or chap(2) On the basis of a proportionate ter 34 as a part of his or her rehabilitarate of elapsed time if the veteran is tion program under chapter 31, the vetbeing provided a rehabilitation pro eran's entitlement usage will be detergram on a three-quarter, one-half or mined by using the entitlement proviless than one-half time basis. Entitle sions of those programs. Entitlement ment is charged at a:
charges shall be in accordance with (1) Three-quarter time rate if pursuit $21.7076 for chapter 30 and $21.1045 is three-quarters or more, but less than under chapter 34. The entitlement full-time;
usage computed under these provisions (ii) One-half time rate if pursuit is is deducted from the veteran's chapter half-time or more, but less than three- 31 entitlement. No entitlement charges quarter time;
are made against either chapter 30 or (iii) One-quarter time rate if pursuit chapter 34. is less than half-time. Measurement of pursuit on a one-quarter time basis is (Authority: 38 U.S.C. 3108(f)) limited to veterans in independent liv
(2) When a veteran is pursuing on-job ing or extended evaluation programs.
training or work experience in a Fed(Authority: 38 U.S.C. 3108(d), 3680(g))
eral agency on a nonpay or nominal
pay basis, the amount of entitlement (e) Computing entitlement. (1) The used is determined in the following computation of entitlement is based manner: upon the rate of program pursuit, as (i) Entitlement used in on-job traindetermined under $21.310 of this part, ing in a Federal agency on a nonpay or over the elapsed time during which nominal pay basis is determined in the training and rehabilitation services same manner as other training. were furnished;
(ii) Entitlement used in pursuing (2) The Department of Veterans Af- work experience will be computed in fairs will compute elapsed time from the same manner as for veterans in onthe commencing date of the rehabilita job training except that work experition program as determined under ence may be pursued on a less than $21.322 of this part to the date of termi- full-time basis. If the veteran is receivnation as determined under $21.324 of ing work experience on a less than fullthis part. This includes the period dur time basis, entitlement charges are ing which veterans not receiving sub based upon a proportionate amount of sistence allowance because of a statu- the workweek. For example, if the tory bar; e.g., certain incarcerated vet workweek is 40 hours, three-quarter erans or servicepersons in a military time is at least 30 hours, but less than hospital, nevertheless, received other 40 hours, and half-time is at least 20 chapter 31 services and assistance. hours but less than 30 hours. Elapsed time includes the total period from the commencing date until the (Authority: 38 U.S.C. 3108(c))
(3) Entitlement is charged on a fulltime basis for a veteran found to have a reduced work tolerance.
and IILP (Individualized Independent Living Plan) $21.90.
(Authority: 38 U.S.C. 3108(d), 3680(g))
(g) Overpayment. The Department of Veterans Affairs will make a charge against entitlement for an overpayment of subsistence allowance under the conditions described in $21.1045(h) of this part.
(Authority: 38 U.S.C. 3680(g)) (54 FR 47770, Nov. 17, 1989]
(Authority: 38 U.S.C. 3107(a))
(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 nonDepartment of Veterans Affairs programs.
INDIVIDUALIZED WRITTEN REHABILITATION PLAN
(Authority: 38 U.S.C. 523, 7722(C))
$21.80 Requirement for a rehabilita
tion plan. (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 VR&C 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&C 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) 821.86. IEAP (Individualized Employment Assistance Plan) $21.88,
$21.82 Completing the plan under
Chapter 31. (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.
(Authority: 38 U.S.C. 3105(c), 3107)
(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 can not 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.
(Authority: 38 U.S.C. 3107(a))
(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.
(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.
(Authority: 38 U.S.C. 3117(a)) $21.84 Individualized written rehabili
tation plan. (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.
(Authority: 38 U.S.C. 3107)
(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;
(Authority: 38 U.S.C. 3106(a), 3107(a))
(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.
(Authority: 38 U.S.C. 3106(a), 3107(a)) (53 FR 50957, Dec. 19, 1988]
$21.88 Individualized employment as. (1) Services which may be provided sistance plan.
under Chapter 31 to achieve independ(a) Purpose. The purpose of the IEAP
ence in daily living; (Individualized Employment Assist
(Authority: 38 U.S.C. 3104) ance Plan) is to assure that a comprehensive, thoughtful approach is
(2) Utilization of programs with a taken, enabling eligible veterans to se
demonstrated capacity to provide indecure suitable employment.
pendent living services for severely
handicapped persons; (Authority: 38 U.S.C. 3107)
(Authority: 38 U.S.C. 3104(b), 3120(a)) (b) Requirement for a plan. An IEAP
(3) Services provided under other Dewill be prepared:
partment of Veterans Affairs and non(1) As part of an IWRP; or
Department of Veterans Affairs pro(2) When the veteran is eligible for
grams needed to achieve the goals of employment assistance under provi the plan; sions of 21.47.
(Authority: 38 U.S.C. 3107) (Authority: 38 U.S.C. 3107(a))
(4) Arrangements for maintaining the (c) Elements of the plan. The IEAP improved level of independence folshall follow the same structure as the lowing completion of the plan. IWRP. Each IEAP will include full utilization of community resources to en
(Authority: 38 U.S.C. 3107(a)) able the veteran to:
(49 FR 40814. Oct. 18, 1984, as amended at 53 (1) Secure employment; and
FR 50957, Dec. 19, 1988) (2) Maintain employment.
$21.92 Preparation of the plan. (Authority: 38 U.S.C. 3117)
(a) General. The plan will be jointly
developed by Department of Veterans (d) Preparation of the IEAP. Prepara- Affairs staff and the veteran. tion of the IEAP will be completed:
(b) Approval of the plan. The terms (1) No later than 60 days before the and conditions of the plan must be approjected end of the period of rehabili proved and agreed to by the counseling tation services leading to the point of psychologist, the vocational rehabilitaemployability; or
tion specialist, and the veteran. (2) Following initial evaluation when (c) Implementation of the plan. The voemployment services constitute the cational rehabilitation specialist or whole of the veteran's program under
counseling psychologist designated as provisions of 821.47.
case manager has the primary role in
carrying out Department of Veterans (Authority: 38 U.S.C. 3107(a))
Affairs responsibility for implementa
tion of the plan. $21.90 Individualized independent liv. (d) Responsible staff. The counseling ing plan.
psychologist has the primary responsi. (a) Purpose. The purpose of the IILP
bility for the preparation of plans. is to identify the steps through which a (Authority: 38 U.S.C. 3107(a)) veteran, whose disabilities are so severe that a vocational goal is not cur
$21.94 Changing the plan. rently reasonably feasible, can become (a) General. The veteran, the counmore independent in daily living with seling psychologist or the vocational in the family and community.
rehabilitation specialist may request a
change in the plan at any time. (Authority: 38 U.S.C. 3109, 3120)
(Authority: 38 U.S.C. 3107(b)) (b) Elements of the plan. The IILP shall follow the same structure as the
(b) Long-range goals. A change in the IWRP. The plan will include:
staement of a long-range goal may only be made following a reevaluation