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considered a request for both the eval. nation, and if achievement of a vocational goal is found reasonably feasible, for participation in the vocational training program.

(b) VA educational assistance programs. A veteran who is eligible under this program may receive an educational assistance allowance under chapter 30, 32, 34 or 35 if he or she is otherwise eligible under one of these programs.

Aathority: 38 U.S.C. 1524, Pub. L. 100-687).

(d) Claims following failure to timely pursue a vocational training program. (1) li a veteran for whom achievement of a Focational goal is found reasonably feasible does not undertake a vocational training program within the time limits specified in $21.32, he or she must file an original or reopened claim, as appropriate, in a form prescribed by VA in order to be considered for such services to determine if achievement of the previous vocational goal or a new vocational goal is reasonably feasible.

(2) If a veteran has been placed in discontinued case status by the VA, he or she must file a new claim in a form prescribed by the VA to reopen the case.

(Authority: 38 U.S.C. 1524(b)(2))

(c) Prior training under VA programs. If a veteran has pursued an educational or training program under chapter 30, 32, 34 or 35, or a vocational rehabilitation program under chapter 31, the training received in the earlier program shall be considered, to the extent feasible, in determining the character and duration of the services to be furnished under this program.

(Authority: 38 U.S.C. 1524(b)(1))

(d) Other prior training. If a veteran has pursued other significant training under non-VA programs or on his or her own, such training will be considered in determining the character and duration of services to be furnished.

Authority: 38 U.S.C. 1524(b))

(e) Informal claims. Informal claims shall be governed by $21.31 of this part.

(Authority: 38 U.S.C. 1524(b)(1))

(e) Not limited by use of other entitlement. The number of months of services provided under this program are not subject to the provisions of $21.4020 of this part which limit the aggregate months of VA benefits to be provided.

Authority: 38 U.S.C. 1524(a))

(1) T'ime limit. The time limit for making a claim to pursue a vocational training program shall be governed by $21.32 of this part.

(Authority: 38 U.S.C. 1524(b)(2)) [53 FR 4397, Feb. 16, 1988, as amended at 55 FR 17272, Apr. 24, 1990)

Authority: 38 U.S.C. 1524(a)) 53 FR 4397. Feb. 16, 1988, as amended at 55 FR 17271, Apr. 24, 1990; 56 FR 21448, May 9, 1991)

BASIC ELIGIBILITY REQUIREMENTS

$21.6021 Nonduplication-38 U.S.C.,

chapters 30, 31, 32, 34 and 35. (a) Election between this temporary program and chapter 31 required. A servicedisabled veteran awarded VA pension who is offered a vocational training program under 38 U.S.C. chapter 15 and is also eligible for such assistance under chapter 31, must elect which benefit he or she will receive. The veteran may reelect at any time if he or she is still eligible for the benefit desired.

821.6040 Eligibility for vocational

training and employment assistance. (a) Basic eligibility requirements. A veteran may be provided vocational training, employment assistance and related services to achieve a vocational goal under this program, if the following basic requirements are met:

(1) The veteran is a qualified veteran as described in § 21.6005(c) of this part;

(2) The veteran participates in a VA evaluation of his or her rehabilitation potential to determine whether achievement of a vocational goal is reasonably feasible;

Authority: 38 U.S.C. 1524(b)(2); Pub. L. 100

ment assistance to obtain employ in a suitable occupation.

(3) Achievement of a vocational goal is found reasonably feasible, following evaluation by VA;

(4) The veteran elects to pursue a vocational training program;

(5) The veteran and VA develop and agree to an Individualized Written Rehabilitation Plan (IWRP) identifying the vocational goal and the means through which this goal will be achieved.

(Authority: 38 U.S.C. 1524(b)(2))

(3) The 18-month period of em ment services allowed under this tion shall begin upon the date the veteran under paragraph (b)(2Xi) of section completes the vocational to ing program or in the case of a vet under paragraphs (b)(2)(ii), (iii), (iv) of this section is found to be ployable. If a veteran has been prot such services and obtains suitable ployment, but is later found to ret additional services of this kind. veteran may be provided such tional services during any portid the original 18-month period ren ing.

(Authority: 38 U.S.C. 1524(a)(1))

(b) Eligibility for employment assistance. (1) As provided in this paragraph, a veteran who is a participant in this program shall be eligible to receive counseling, placement, postplacement, work and personal adjustment services furnished under $21.6060(a)(2) of this part for a period not to exceed 18 months. These services are further described in $821.140(d)(2), 21.250(a), (b)(2), (c)(3), and (4), and 21.252, 21.254, 21.256, 21.257, and 21.258 of this part.

(2) The participants who qualify for the services described in paragraph (a) of this section include a veteran who:

(i) Has completed a vocational rehabilitation training program;

(Authority: 38 U.S.C. 1524(b); Pub. L. 100

(c) Eligibility if pension is terminate qualified veteran for whom a prog of vocational training has been f reasonably feasible shall remain e ble for the temporary program, su to the rules of this subpart and sed 1524 of 38 U.S.C. ch. 15, even if he her pension award is subsequently minated, except when the vete award of VA pension was the resu fraud or administrative error.

(Authority: 38 U.S.C. 1524(b)(3))

(ii) Undertakes a vocational training program, but voluntarily terminates training. If VA determines the veteran to be employable at the time participation in training ends, the veteran shall be deemed to have completed the vocational training program and may be provided the employment services described in paragraph (b)(1) of this section if he or she requests such assistance;

(Authority: 38 U.S.C. 1524(a); Pub. L. 100 (53 FR 4397, Feb. 16, 1988, as amended FR 17272, Apr. 24, 1990)

COM

(Authority: 38 U.S.C. 1524(b)(3))

(iii) Does not require a vocational training program because VA determines as a result of an evaluation that he or she already possesses the training necessary for suitable employment and is able to achieve a vocational goal without further training; and

$ 21.6042 Entry, reentry and

(Authority: 38 U.S.C. 1524(b)(2))

(iv) Has been a prior participant in a vocational training program, is currently employable, but needs employ

tion. (a) Dates of entry. A veteran found gible under the provisions of $ 21.60 this part may not begin pursuit of a cational training program before ruary 1, 1985, or later than Decen 31, 1992, except under the following cumstances:

(1) The veteran receives a pens award less than 120 days before Dec ber 31, 1992;

(2) Illness or other circumstance yond the veteran's control prevent = lier entry.

(Authority: 38 U.S.C. 1524(b)(4); Pub. L 291)

) Entry precluded. In no event may a eran begin a vocational training gram after August 1, 1993.

hority: 38 U.S.C. 1524(b)(4); Pub. L. 100 Pub. L. 102-291) Reentry. The provisions of parahs (a) and (b) of this section are applicable to veterans reentering a tional training program following determination of eligibility.

hority: 38 U.S.C. 1524(b)(4); Pub. L. 102–

Final termination of services. No ran may receive assistance under temporary program after January (c) Responsibility for evaluation determinations as to the reaso feasibility of vocational traininį entitlement to assistance und U.S.C. 1524 shall be made by a seling psychologist in the Vocat Rehabilitation and Employment sion.

eran's pension under $3.342 of this chapter. See $21.6056.

(Authority: 38 U.S.C. 1524(a)(1), Pub. L. 101237)

(b) Evaluating other qualified veterans. An evaluation shall be accorded each qualified veteran as described in $21.6005(c) of this part who seeks to become a program participant provided VA first determines the veteran has good potential for achieving employment. Failure to choose to participate in an evaluation shall have no adverse effect upon the veteran's continued receipt of pension under $3.342 of this chapter.

298.

(Authority: 38 U.S.C. 1524(a)(2); Pub. L. 100-
687)

ority: 38 U.S.C. 1524(b)(4); Pub. L. 100
ub. L. 102-291)
Provision of vocational training and
ces during the period beginning Feb-
1, 1992 and ending May 20, 1992.
provision of a vocational training
ram (including related evaluations
other related services) to a veteran
r the provisions of subpart I of
part, and related determinations
ng the period beginning February
2, and ending May 20, 1992, is rati-

(C) Notice to eligible veteran. (1) A qualified veteran under age 45 awarded pension during the program period for whom participation in an evaluation is not clearly precluded by reasons beyond the veteran's control shall be sent a notice at the time he or she is awarded pension. The notice will inform the veteran of the provisions of this temporary program, the conditions under which participation in an evaluation is required, and the consequences of nonparticipation.

(2) A qualified veteran age 45 or older awarded pension during the program period will be informed of the provisions of this temporary program and the procedure for requesting an evaluation.

ority: Pub. L. 102–291)
R 4397, Feb. 16, 1988, as amended at 55
1272, Apr. 24, 1990; 58 FR 41637, Aug. 5,

EVALUATION

050 Participation of eligible vet-
erans in an evaluation.
Veterans under age 45. A veteran
r age 45 awarded pension during
program period shall be provided
valuation of his or her rehabilita-

potential to determine whether evement of a vocational goal is onably feasible. The veteran must rt for and participate in the evalon unless the failure to do so is for sons beyond the veteran's control. lure to report for and participate in evaluation, for reasons other than se beyond the veteran's control, | result in suspension of the vet

(Authority: 38 U.S.C. 1524(a); Pub. L. 100-687, Pub. L. 101–237)

(d) Scheduling the evaluation. (1) An evaluation will be arranged as promptly as practicable for each qualified veteran:

(i) Under age 50 who is sent the notice required under paragraph (c)(1) of this secton; and

(ii) [Reserved)

(2) Other qualified veterans identified in $21.6005(c) who are found to have good employment potential under $21.6054.

(Authority: 38 U.S.C. 1524(a); Pub. L. 100-687)

(e) Followup of qualified veterans who do not complete an evaluation. The case

197-135 D-13

(Authority: 38 U.S.C. 1524(b))

$21.6054 Criteria for detern

good employment potential. (a) Determining good employmer tential. Before scheduling an evalu of feasibility to pursue a vocal goal for a qualified veteran $21.6005(c)(2), VA will first deter whether the veteran has good pote for achieving employment if provi vocational training or employ program. This determination sha made on the basis of the informati record, including information mitted by the veteran at the tir the veteran's request to participa this temporary program.

(Authority: 38 U.S.C. 1524(a)(2); Pub. L 687).

(b) Criteria. The criteria contains paragraphs (c) and (d) of this sed are to be applied by Vocational R bilitation and Employment pre sional staff members to deter whether information of record supp a determination that a veteran ag or older has good potential for emp ment. Any reasonable doubt shal resolved in the veteran's favor.

(Authority: 38 U.S.C. 1524(a)(2))

(c) Indicators of good potential for ployment. Indicators of good poten for employment include one or mor the following:

(1) A period of stable employm prior to the onset of disability.

(2) Strong motivation to return the work force.

(3) Successful pursuit of education training.

(4) Cooperation in treatment of d abling conditions.

(5) Stabilization of medical con tions or substance abuse problems.

(6) Participation in therapeutic wo programs.

of each qualified veteran under age 45 awarded pension during the program period for whom an evaluation was not scheduled or who does not complete an evaluation shall be reviewed for followup action by Vocational Rehabilitation and Employment (VR&C) staff as provided in $821.197(c)(4) and 21.198(d).

(Authority: 38 U.S.C. 1524(a); Pub. L. 100-687, Pub. L. 101-237)

(f) Limitation on the number of evaluations. Notwithstanding the provisions of paragraphs (a) through (e) of this section, the number of evaluations which may be provided under this temporary program is subject to the limitations contained in $21.6059 of this part.

(Authority: 38 U.S.C. 1524(a)(3)) (53 FR 4397, Feb. 16, 1988, as amended at 55 FR 17272, Apr. 24, 1990; 56 FR 21448, May 9, 1991]

$ 21.6052 Evaluations.

(a) Scope and nature of evaluation. The scope and nature of the evaluation under this program shall be the same as for an evaluation of the reasonable feasibility of achieving a vocational goal under the procedures described for chapter 31 benefits. See $21.50(b)(5) and $21.53 (d) and (1).

(Authority: 38 U.S.C, 1524(a)(1)(2))

(b) Specific services which may be provided in the course of evaluation in determining the reasonable feasibility of achieving a vocational goal. The following specific services may be provided as a part of the evaluation of reasonable feasibility of achieving a vocational goal, as appropriate:

(1) Assessment of feasibility by a counseling psychologist;

(2) Review of feasibility assessment and of need for special services by the Vocational Rehabilitation Panel;

(3) Provision of medical and other diagnostic services;

(4) Evaluation of employability, for a period not to exceed 30 days, by professional staff of an educational or rehabilitation facility.

(Authority: 38 U.S.C. 1524(b))

(1) Evidence of recent sustained jobseeking

and the reasons for VA's determination shall be discussed with the veteran.

(Authority: 38 U.S.C. 1524(b)(1))

(Authority: 38 U.S.C. 1524(a)(2)) (d) Contraindications of good potential

(53 FR 4397, Feb. 16, 1988, as amended at 55 of employment. Contraindications of FR 17272, Apr. 24, 1990) good potential for employment include one or more of the following:

$21.6056 Cooperation of the veteran in (1) A lifelong history of unstable em

an evaluation. ployment with long periods of employ (a) Cooperation of the veteran. The coment before the onset of disability. operation of the veteran is essential to

(2) Being out of the labor market for a successful evaluation. The purpose of five years or more preceding the eval the evaluation and the steps in the nation.

process shall be explained to the vet(3) Unsuccessful pursuit of education eran, and the importance of his or her or training

cooperation shall be stressed. If the (4) Noncooperation in the treatment veteran does not cooperate in the initiof disability.

ation or completion of the evaluation, (5) Need for an additional period of

the counseling psychologist shall make medical care or treatment before train

a reasonable effort through counseling ing would be feasible.

to secure the veteran's cooperation. (6) Nonparticipation in prescribed or

(Authority: 38 U.S.C. 1524(a)(3)) recommended therapeutic work programs.

(b) Consequences of noncooperation 17) Failure of previous vocational re when evaluation is required. If the vetbabilitation programs to achieve em eran fails to report for or cooperate in ployability.

a required evaluation and the coun

seling psychologist has made a reasonAuthority: 38 U.S.C. 1524(a)(2))

able effort to secure his or her partici

pation, VA shall take appropriate ac(e) Negative determinations. If VA does

tion, including discontinuance of the not find good employment potential,

evaluation under the provisions of VA will notify the veteran that he or $21.364 of this part. If the veteran's she is not eligible to receive an evalua case is discontinued under $21.364 of tion. Since this finding will preclude

this part, the Adjudication Division program participation, the veteran will will be notified. The Adjudication Divibe informed of his or her appellate sion also will be informed if the reason rights as described in $21.59 of this for discontinuance is subsequently repart.

moved and the evaluation process is re(1) If the determination cannot be sumed. made on the evidence of record, VA shall advise the veteran and may pro- (Authority: 38 U.S.C. 1524(a)(1)) vide him or her with an opportunity to

(c) Consequences of noncooperation submit additional information within a

when evaluation is not required. If the reasonable time.

veteran fails to report for or cooperate (2) A veteran's disagreement with a

in an optional evaluation and the counnegative finding shall be considered

seling psychologist has made a reasonevidence of motivation for employ

able effort to secure the veteran's parment, and may, when considered in re

ticipation, VA shall take appropriate cion to other information, provide a action, including discontinuance of the basis for finding that good employment evaluation under the provisions of potential exists;

$21.364 of this part. The evaluation (3) If the final VA determination, fol. may be resumed if the reason for the lowing a review of a contested negative discontinuance is removed and the vetfinding, is that good potential for eran is otherwise eligible. achieving employment does not exist, a personal interview will be scheduled, (Authority: 38 U.S.C. 1524(a)(2))

latic

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