[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: 38CFR21.40]

[Page 124]
 
            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. 21.40  Basic entitlement.

    A veteran or serviceperson shall be entitled to a program of 
rehabilitation services under 38 U.S.C. chapter 31 if all of the 
following conditions are met:
    (a) Service-connected disability. (1) The veteran has a service-
connected disability of 20 percent or more which is, or but for the 
receipt of retired pay would be, compensable under 38 U.S.C. chapter 11, 
and which was incurred or aggravated in service on or after September 
16, 1940; or
    (2) A serviceperson is hospitalized for a service-connected 
disability in a hospital over which the Secretary concerned has charge 
pending discharge or release from active military, naval or air service 
and is suffering from a disability which will likely be compensable at a 
rate of 20 percent or more under 38 U.S.C. Chapter 11; or
    (3) A veteran or serviceperson, as described in paragraphs (a)(1) 
and (2) of this section, has a service-connected disability which is 
compensable or is likely to be compensable at less than 20 percent, if 
the individual filed an original application for Chapter 31 before 
November 1, 1990.
    (b) Employment handicap. The veteran or serviceperson is determined 
to be in need of rehabilitation to overcome an employment handicap.

(Authority: 38 U.S.C. 3102, Pub. L. 101-508)

[56 FR 15836, Apr. 18, 1991]

                         Periods of Eligibility