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197-135 D-5

21.8210 Supplies.

PROGRAM COSTS

21.8260 Training, services, and assistance

costs.

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(b) Basic requirements. Before a se ice-disabled veteran may receive tra ing and rehabilitation services und Chapter 31, Title 38 U.S.C., three ba requirements must be met:

(1) The Department of Veterans. fairs must first find that the veter has basic entitlement to services prescribed by § 21.40.

(Authority: 38 U.S.C. 3102)

(2) The services necessary for tra ing and rehabilitation must be iden fied by the Department of Veterans fairs and the veteran.

(Authority: 38 U.S.C. 3106)

(3) An individual written plan mu be developed by the Department of V1 erans Affairs and the veteran descr ing the goals of the program and t means through which these goals w be achieved.

(Authority: 38 U.S.C. 3107)

[49 FR 40814, Oct. 18, 1984; 50 FR 9622, Mar. 1985]

NONDUPLICATION

$21.21 Election of benefits under ed cation programs administered } the Department of Veterans Affair

(a) Election of benefits required. A ve eran must make an election of benefi among the programs of education a ministered by VA for which he or s may be eligible. A veteran who h basic entitlement to rehabilitatic under chapter 31 and is also eligible fr assistance under any of the other ed cation programs administered by V must make an election of benefits b tween chapter 31 and any other VA pr gram of education for which he or sh may be eligible. The veteran may r elect at any time if he or she is othe wise eligible. (See §§ 21.264 and 21.334.)

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(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.

(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.

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

$21.31 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))

$21.32 Time limit.

(a) Time limit for filing 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

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.

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(1) A combination of subjects or unit courses pursued at a school which is generally acceptable to meet requirements for a predetermined educational, professional or vocational objective; or

(2) Such subjects or courses which are generally acceptable to meet requirements for more than one objective if all objectives pursued are generally recognized as being related to a single career field; or

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

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

(d) Program of independent living services and assistance. This term includes:

(1) The services provided in this program that are needed to enable a veteran to achieve maximum independence in daily living, including counseling, diagnostic, medical, social, psychological, and educational services determined by the Department of Veterans Affairs to be necessary, and

(2) The monthly allowance authorized by 38 U.S.C. Chapter 31 for such a veteran.

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

(e) Rehabilitated to the point of employability. This term means that the veteran is employable in an occupation for which a vocational rehabilitation program has been provided under this program

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

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

(1) A vocational rehabilitation program (see paragraph (i) of this section);

(2) A program of independent living services and assistance (see paragraph (d) of this section) for a veteran for whom a vocational goal has been determined not to be currently reasonably feasible; or

(Authority: 38 U.S.C. 3101(6); Pub. L. 99-576)

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