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

» Selection of courses. VA and the eran will select vocationally oried courses of study and training, pletion of which usually results in iploma, certificate, degree, qualition for licensure, or employment. educational and training services e provided include:

› Remedial, deficiency and refresher ining; and

Training which leads to a vocanal objective. All of the forms of gram pursuit presented in §21.122 ough $21.132 of this part may be aurized. Education and training proms in institutions of higher learnare authorized provided the courses part of a program which is preninantly vocational in content. The gram of education and training all be considered to be predomintly vocational in content if the maity of the instruction offered proles the technical skills and knowlge generally regarded as specific to, d required for, entry into the vocaonal goal approved for the veteran. ich education and training may genally be authorized at an underraduate or advanced degree level. owever the following are excluded:

(i) An associate degree program in hich the content of the majority of he instruction provided is not vocaionally oriented;

(ii) The first two years of a 4-year baccalaureate degree program;

(iii) The last two or more years of a 4-year baccalaureate degree program except in degree programs with majors in engineering, teaching, or other similar degree programs with vocational content which ordinarily lead directly to employment in an occupation that is usually available to persons holding such a degree; or

(iv) An advanced degree program, except for a degree program required for entry into the veteran's employment objective, such as a master's degree in social work.

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

(c) Charges for education and training services. The cost of education and training services will be considered in selecting a facility when:

(1) There is more than one facility in the area in which the veteran resides which:

(i) Meets the requirements for approval under § 21.290 through §21.299 of this part;

(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. See §§ 21.120, 21.370, 21.372.

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

(d) Courses not available. If suitable educational and training 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 as provided under § 21.146 of this part.

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

EVALUATION AND IMPROVEMENT OF REHABILITATION POTENTIAL

§ 21.6140 Evaluation and improvement of rehabilitation potential.

(a) General. The services described in paragraph (d) of this section may be used to:

(1) Evaluate rehabilitation potential; (2) Provide a basis for planning:

(i) A program of services and assistance to improve the veteran's potential for vocational rehabilitation; or

(ii) A vocational training program; and

(3) Reevaluate the vocational training potential of a veteran participating in a rehabilitation program.

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

(b) Periods during which evaluation and improvement services may be provided. Services described in paragraph (d) of this section may be provided during:

(1) An evaluation or reevaluation; (2) Rehabilitation to the point of employability;

(3) Employment services.

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

(c) Duration of services. The duration of services needed to improve rehabilitation potential, furnished on a fulltime basis either as a preliminary part of the period of rehabilitation to the point of employability or as the total program, may not exceed 9 months. If these services are furnished on a less than full-time basis the duration will be for the period necessary, but may not exceed the equivalent of 9 months of full-time training. See § 21.6310.

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

(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 indispensable to pursuing a vocational training program;

(5) Language training, speech and voice correction, training in ambulation, and one-hand typewriting;

(6) Orientation, adjustment, mobilit and related services; and

(7) Other appropriate services. (Authority: 38 U.S.C. 1524(b)(2))

(e) Applicability of chapter 31 rules. th provisions of § 21.140 of this part are nc applicable to this temporary progran The provisions of §21.142 throug §21.156 of this part are applicable, sul ject to provisions of this section. (Authority: 38 U.S.C. 1524(b)(2))

INDEPENDENT LIVING SERVICES

$21.6160 Independent living services. (a) Services must be part of a vocatione training program. Independent livin services may be provided as a part of veteran's IWRP when such services ar indispensable to the achievement c the vocational goal, but may not b provided as the sole program of reha bilitation for the veteran, since a voca tional training program for the vetera must be found reasonably feasible be fore the IWRP is prepared.

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

(b) Independent living services which may be furnished under this program The independent living services which may be furnished include:

(1) Training in independent living skills;

(2) Health management programs; (3) Identification of appropriate hous ing accommodations; and

(4) Personal care service for a transi tional period not to exceed tw

months.

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

(c) Coordination with other VA ele ments and other Federal, State, and loca programs. Provision of independent liv ing services and assistance will gen erally require extensive coordination with other VA and non-VA programs The resources of VA medical center shall be utilized as prescribed in § 21.6242 of this part. If appropriate ar rangements cannot be made to provide these services through VA medical cen ters, other governmental and private nonprofit programs may be used to se cure necessary services if the facility

- individual providing services meets requirements of § 21.294 of this part.

thority: 38 U.S.C. 523, 1524(b))

) Applicability of chapter 31 rules. ther §21.160 nor §21.162 of this part applicable to provision of indedent living services under this pro

n.

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

CASE STATUS SYSTEM

6180 Case status system.

) General. The case status system 1 in administering benefits under chapter 31 program, as provided in 180 through § 21.198 of this part, will tilized in a similar manner in this tram subject to the provisions of agraph (b) of this section.

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

Limitations of applicability of chap31 rules. (1) The provisions of 180(e)(2) and (3), §21.188, and §21.192 his part are not applicable to this porary program;

Other incidental references to vice-connected disability Chapter extended evaluation status, or indedent living status or other services cluded under § 21.6060(b) of this part, nd in §21.180 to §21.198 of this part, not for application to this temary program.

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

FR 4397. Feb. 16, 1988, as amended at 54 8189, Feb. 27, 1989]

SUPPLIES

1.6210 Supplies.

(a) Purpose of furnishing supplies. Supies are furnished to enable a veteran pursue training, obtain and mainin employment and achieve the goals f his or her program.

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

(b) Definition. The term supplies inludes books, tools and other supplies and equipment which VA determines

are necessary for the veteran's vocational training program.

(Authority: 38 U.S.C. 3104(a))

(c) Periods during which supplies may be furnished. Supplies may be furnished to a veteran receiving:

(1) An evaluation or reevaluation; (2) Rehabilitation to the point of employability; or

(3) Employment services.

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

(d) Applicability of 38 U.S.C. chapter 31 regulations. The provisions of §21.210 of this part are not applicable to veterans in this temporary program. The provisions of §21.212 through § 21.224 of this part are applicable to veterans pursuing vocational training and employment under this program in a similar manner as under chapter 31, except the portions thereof noted as follows:

(1) Section 21.216(a)(3) of this part pertaining to special modifications, including automobile adaptive equipment;

(2) Section 21.220(a)(1) of this part pertaining to advancements from the revolving fund loan;

(3) Section 21.222(b)(x) of this part pertaining to a veteran discontinued from an independent living services program.

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

MEDICAL AND RELATED SERVICES

§ 21.6240 Medical treatment, care and services.

(a) General. A participant in a vocational training program or receiving employment assistance shall be furnished medical treatment, care and services which VA determines are necessary to develop, carry out and complete the veteran's plan.

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

(b) Scope of services. The services which may be furnished include the medical treatment, care and dental services described in part 17 of this chapter. In addition, the following services may be authorized even if not included or described in part 17:

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

(c) Periods of eligibility. A veteran is eligible for the services described in paragraph (b) of this section during: (1) Evaluation;

(2) Rehabilitation to the point employability;

(3) Employment services; and

(4) Other periods, to the extent that services are needed to begin or continue in any of the periods described in paragraphs (c)(1) through (3) of this section. Such periods include, but are not limited to, those when services are needed to facilitate reentry into training following:

(i) Interruption; or

(ii) Discontinuance because of illness or injury.

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

$21.6242 Resources for provision of medical treatment, care and services.

(a) General. VA medical centers are the primary resources for the provision of medical treatment, care and services for program participants which may be authorized under the provisions of § 21.6240 of this part. The availability of necessary services in VA facilities shall be ascertained in each case.

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

(b) Hospital care and medical services. Hospital care and medical services provided to program participants 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 | this chapter.

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

CROSS REFERENCES: See §17.30(1) Hospit care. § 17.30(m) Medical services.

(c) Provisions of $21.240 and $21.24 The provisions of §§ 21.240 and 21.242 this part are not applicable to th temporary program.

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

FINANCIAL ASSISTANCE

§ 21.6260 Financial assistance.

(a) Direct financial assistance prohi ited. The provisions of §21.260 ar § 21.264 through §21.276 of this part a not applicable to veterans pursuin training and employment under th temporary program, except as ind cated in paragraph (b) of this section. (Authority: 38 U.S.C. 1524(b)(2)(B)(ii))

(b) Training costs. The provisions §21.262 of this part pertaining to reim bursement for training costs will b followed to reimburse vendors fo servics provided under this temporar program.

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

ENTERING VOCATIONAL TRAINING

§ 21.6282 Effective dates of inductio into and termination of vocationa training.

(a) Induction. Subject to the limita tions set forth in §21.6042 of this part the date a veteran is inducted into vo cational training shall be the earlie of:

(1) The date of the facility require the veteran to report for prescribed ac tivities; or

(2) The date the program begins a the faciliity providing services.

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

(b) Termination. A veteran's training program shall be terminated under the provisions of § 21.6180. of this part.

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

1.6284 Reentrance into a training program.

a) Reentrance into rehabilitation to the nt of employability following a deteriation of rehabilitation. A veteran in a ational training program under this porary program who has been found abilitated under provisions of § 21.196 this part may be provided an addinal period of training or services y if the following conditions are t and the veteran is otherwise eligi

› Current facts, including any relnt medical findings, establish that veteran's disability has worsened the extent that he or she is preled from performing the duties of occupation for which the veteran viously was found rehabilitated; or The occupation for which the vetn previously was found rehabili

ed under this temporary program is nd to be unsuitable.

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

1) Reentrance into rehabilitation to the at of employability during a period of loyment services. A finding of rehatation to the point of employability VA may be set aside during a period employment services and an addinal period of training and related vices provided if any of the condins in paragraph (a) of this section or > of the following conditions are met I the veteran is otherwise eligible: 1) The services originally given to veteran are now inadequate to ke the veteran employable in the upation for which he or she pursued uning;

2) Experience during the period of ployment services has demonstrated at employment in the objective or ld for which the veteran was rehalitated to the point of employability ould not reasonably have been excted at the time the program was iginally developed; or

(3) The veteran, because of technogical change which occurred subselent to the declaration of rehabilitaon to the point of employability, is o longer able:

(1) To perform the duties of the occuation for which he or she trained, or n a related occupation; or