[Code of Federal Regulations]
[Title 38, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 38CFR21.100]

[Page 143-144]
 
            TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF
 
          CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS (CONTINUED)
 
PART 21--VOCATIONAL REHABILITATION AND EDUCATION--Table of Contents
 
     Subpart A--Vocational Rehabilitation Under 38 U.S.C. Chapter 31
 
Sec. 21.100  Counseling.

    (a) General. A veteran requesting or being furnished assistance 
under Chapter 31 shall be provided professional counseling services by 
Vocational Rehabilitation and Employment (VR&C) Service and other staff 
as necessary to:
    (1) Carry out an initial evaluation in each case in which assistance 
is requested;
    (2) Develop a rehabilitation plan or plan for employment services in 
each case in which the veteran is found during the initial evaluation to 
be eligible and entitled to services;
    (3) Assist veterans found ineligible for services under Chapter 31 
to the extent provided in Sec. 21.82; and
    (4) Try to overcome problems which arise during the course of the 
veteran's rehabilitation program or program of employment services.


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

    (b) Types of counseling services. VA will furnish comprehensive 
counseling services, including but not limited to
    (1) Psychological;
    (2) Vocational;
    (3) Personal adjustment;
    (4) Employment;
    (5) Educational.


(Authority: 38 U.S.C. 3104(a)(2))

    (c) Qualifications. Counseling services may only be furnished by VA 
or other personnel who meet requirements established under provisions of 
Sec. 21.380 and other policies of the VA pertaining to the 
qualifications of staff providing assistance under Chapter 31.


(Authority: 38 U.S.C. 3118)

    (d) Limitations. (1) If a veteran resides within a State, counseling 
services necessary to carry out the initial evaluation and the 
development of a rehabilitation plan or a program of employment services 
will be furnished by counseling psychologists in the Vocational 
Rehabilitation and Employment (VR&C) Division;
    (2) If a veteran does not reside in a State the counseling services 
necessary to carry out an initial evaluation may be accomplished in the 
same manner as for a veteran residing in a State or through other 
arrangements when deemed appropriate by the VR&C Division. These 
alternative arrangements include, but are not limited to:
    (i) Use of counseling centers or individual qualified professionals 
under contract to VA; and
    (ii) Professional staff of other Federal agencies located in the 
area in which the veteran resides.
    (3) Alternative arrangements to provide counseling are subject to 
the following requirements:

[[Page 144]]

    (i) All arrangements must be consistent with the provisions of 
paragraph (c) of this section regarding utilization of professionally 
qualified persons to provide counseling services during the initial 
evaluation;
    (ii) All determinations of eligibility, entitlement and the 
development of a rehabilitation plan will continue to be made by 
counseling psychologists in the VR&C Division.
    (4) If a counseling psychologist in the VR&C Division determines 
that the evidence of record is insufficient to carry out an initial 
evaluation in a case in which alternative arrangements were used, VA 
staff may authorize the veteran to travel to a VA facility to complete 
the evaluation.


(Authority: 38 U.S.C. 3118(c))

    (e) Definition. For the purposes of this section, the term State 
means each of the several States, the District of Columbia, and the 
Commonwealth of Puerto Rico.


(Authority: 38 U.S.C. 101(20))

[49 FR 40814, Oct. 18, 1984, as amended at 54 FR 32071, Aug. 4, 1989; 62 
FR 17708, Apr. 11, 1997]

              Educational and Vocational Training Services