(c) Responsibility for determining the rate of pursuit. VR&C staff, in consultation with the veteran, will determine the rate and continuity of pursuit of training. Consultation with the medical consultant and the Vocational Rehabilitation Panel should be utilized as necessary. This determination will be made in the course of developing the plan, but may be changed later, as necessary to enable the veteran to complete his or her training.

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

(d) Measurement of training time used. The rate of pursuit shall be measured on the basis of the provisions of § 21.310 of this part. A veteran may not pursue training on a less than half-time basis as measured under §21.310 of this part, except for brief periods, after which training must be resumed on a halftime or greater basis. Brief periods are limited to all or part of a semester, term or quarter, or up to 90 days in a course not conducted on a semester, term, or quarter basis.

ment services is applicable to veteran under this temporary program.

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

LEAVES OF ABSENCE

$21.6340 Leaves of absence.

(a) General. VA may approve leaves c absence under vertain conditions. Dui ing approved leaves of absence, ceteran shall be considered to be pur suing training for purposes of com puting the duration of a vocationa training program under §§ 21.607 through 21.6074. Leave may only be au thorized for a veteran during a perio of rehabilitation to the point of em ployability.

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

(b) Purpose. The purpose of the leav system is to enable the veteran t maintain his or her status as an activ participant and avoid interruption o discontinuance of training.

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

(c) Applicability of chapter 31 rules The provisions of §21.340 of this part are not applicable to this temporary program. The provisions of $21.342 through $21.350 of this part are applicable except for § 21.346 of this part. (Authority: 38 U.S.C. 1524(b))

SATISFACTORY CONDUCT AND

COOPERATION

§ 21.6362 Satisfactory conduct and cooperation.

The provisions of §21.362 and $21.364 of this part are applicable to veterans pursuing vocational training under this program in the same manner as under 38 U.S.C. chapter 31.

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

TRANSPORTATION SERVICES

§ 21.6370 Authorization of transpor. tation services.

(a) General. VA shall authorize transportation services necessary for a veteran to pursue a vocational training program under this temporary program. Transportation services include:

(except for (d) and (e)) are applicable to this temporary program.

(Authority: 38 U.S.C. 512(a))

COORDINATION WITH THE ADJUDICATION DIVISION

§ 21.6420 Coordination with the Adjudication Division.

It is the responsibility of the VR&C Division to inform the Adjudication Division in writing of the following changes in the veteran's circumstances contained in the following paragraphs. (Authority: 38 U.S.C. 1524, Pub. L. 101-237)

(a) Evaluation. (1) The date an evaluation being provided a veteran under age 45, who is required to participate in such evaluation, is suspended because of unsatisfactory conduct or cooperation; and

(2) The date the evaluation is resumed.

in the veteran's individualized written plan of vocational rehabilitation, or in a related field, and the employment secured by the veteran requires the use of the training or services furnished under the rehabilitation plan.

(2) Employment was secured not later than one year after the date the veteran's eligibility for counseling expired. A veteran's eligibility for counseling expires on the date employment services are terminated by VA or the veteran completes rehabilitation to the point of employability and terminates program participation, whichever is later; and

(3) The veteran maintained his or her employment for 12 consecutive months.

(a) Purpose. The temporary program for trial work periods and vocational rehabilitation is intended to test the extent to which a veteran, who has been awarded a VA compensation rating of total disability by reason of inability to secure or follow a substantially gainful occupation as a result of service-connected disability, may benefit from vocational rehabilitation services which may be authorized under 33 U.S.C. chapter 31, and 38 U.S.C. 1163. See §§3.340 and 3.341 of this title.

(b) Chapter 31 evaluations. All veterans participating in this temporary program are to be evaluated to determine whether:

(1) They are eligible for and entitled to receive assistance under chapter 31; and

› Achievement of a vocational goal easonably feasible.

hority: 38 U.S.C. 1163; Pub. L. 100-687).

) Applicability of chapter 31 provis. The provisions of §§ 21.1 through 10, generally applicable to veterans ible for benefits under chapter 31, y except as added to or modified by provisions of the following secs. Participants not found eligible chapter 31 benefits may neverthereceive counseling services under .S.C. 3104(a)(2) and placement and placement services under 38 U.S.C. ax5).

hority: 38 U.S.C. 1163)

R 19333, May 29, 1986. Redesignated at 53 397, Feb. 16, 1988, as amended at 55 FR . Apr. 24, 1990]

$503 Definitions.

Program period. The term program d means the period beginning on uary 1, 1985, and ending December 992.

hority: 38 U.S.C. 1163(a)(2)(B); Pub. L. 91)

› Qualified veteran. The term qualiveteran means a veteran who has a ice-connected disability, or servconnected disabilities, not rated as 1. but who has been awarded a ratof total disability by reason of inity to secure or follow a substanly gainful occupation as a result of a disability or disabilities. Such a ng is referred to as an IU (indial unemployability) rating. See 340, 3.341, and 4.16 of this title.

Receives an IU rating. The phrase rives an IU rating refers to the date the rating decision authorizing total ability compensation based upon inidual unemployability.

thority: 38 U.S.C. 1163(a)(2)(A))

FR 19333, May 29, 1986. Redesignated at 53 4397, Feb. 16. 1988, as amended at 55 FR 72. Apr. 24, 1990; 58 FR 41637, Aug. 5, 1993]

1.6505 Participation in the temporary program.

Participation in this temporary proam of trial work periods and voca

§ 21.6509 Notice to qualified veterans.

(a) At the time notice is provided to a qualified veteran of an award of an IU rating, VA shall provide the veteran with an additional statement. These statements shall contain the following information:

(1) Notice of the provisions of 38 U.S.C. 1163;

(2) Information explaining the purposes and availability of, as well as eligibility requirements and procedures for pursuing a vocational rehabilitation program under Chapter 31; and

(3) A summary description of the scope of services and assistance available under that chapter.

(Authority: 38 U.S.C. 1163(c)(1)).

(b) Opportunity for evaluation. After providing the notice required under paragraph (a) of this section, VA shall

offer the veteran the opportunity for an evaluation under §21.50 of this part.

(Authority: 38 U.S.C. 1163(c); Pub. L. 100-687).

(c) Evaluation. The term evaluation hereinafter shall be understood to mean the same evaluation accorded in an initial evaluation and an extended evaluation as those terms are described in §§ 21.50 and 21.57 of this part.

(d) Responsible staff member. The evaluation or reevaluation will be provided by a counseling psychologist in the Vocational Rehabilitation and Employment (VR&C) Division.

(Authority: 38 U.S.C. 1163(c)). [55 FR 17273, Apr. 24, 1990]

§§ 21.6511-21.6513 [Reserved]

$21.6515 Formulation of rehabilitation plan.

(a) Formulation of plan. Following an evaluation, the counseling psychologist will formulate an IWRP (individualized written rehabilitation plan) or an IEAP (individualized employment assistance plan) for each participating qualified veteran for whom achievement of a vocational goal is reasonably feasible. These plans shall be prepared in accordance with §21.84 (IWRP) or §21.88 (IEAP).

(b) Existing plan. If the veteran already has undertaken a rehabilitation program under Chapter 31, a new plan shall not be developed unless circumstances indicate that the existing plan should be modified or replaced.

(Authority: 38 U.S.C. 1163(c); Pub. L. 100-687). [51 FR 19333, May 29, 1986. Redesignated at 53 FR 4397, Feb. 16, 1988, and amended at 55 FR 17272, Apr. 24, 1990]

$21.6517 [Reserved]

§ 21.6519 Eligibility of qualified veterans for employment and counseling services.

(a) General. A qualified veteran for whom vocational rehabilitation and achievenment of a vocational goal are reasonably feasible may be provided the employment and counseling services to which he or she may be entitled under chapter 31. If the qualified veteran is not eligible for such assistance

under chapter 31, he or she may be pro vided, nevertheless, the counseling placement and postplacement service provided under 38 U.S.C. 3104(a)(2) an (5). The specific services which may b authorized are discussed in §§ 21.100 21.252 and 21.254(a).

an

(b) Services under other VA and non VA programs. Veterans being provide counseling, placement postplacement services under §§ 21.100 21.252, and 21.254(a) will also be aided i identifying services of other VA an non-VA programs which may be of as sistance in securing employment. Al elements of a program of these service shall be incorporated in the IEAP.

(c) Veteran elects counseling, placemen and postplacement services. If a qualifie veteran elects not to undertake th IWRP and is otherwise eligible fo counseling, placement postplacement services under 38 U.S.C 3104(a)(2) and (5), he or she may be pro vided those services.

(Authority: 38 U.S.C. 1163(b)).

an

(d) Duration of services under 38 U.S.C 3104(a) (2) and (5). The services provide under 38 U.S.C. 3104(a)(2) and (5), ar limited to an 18-month period of em ployment assistance as described in § 21.73.

(Authority: 38 U.S.C. 1163(b))

[51 FR 19333, May 29, 1986. Redesignated at 5 FR 4397, Feb. 16, 1988, as amended at 55 FF 17273, Apr. 24, 1990]

§ 21.6521 Employment of qualified vet

erans.

(a) Provisions of the IEAP (Individual ized Employment Assistance Plan). Each IEAP of a qualified veteran shall require that the:

(1) Case manager maintain close contact with qualified veterans who become employed to help assure adjustment to employment;

(2) Veteran discuss any plan to leave employment during the trial work period with the case manager.

(Authority: 38 U.S.C. 1163(c))