[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: 38CFR21.42]

[Page 124-125]
 
            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. 21.42  Basic period of eligibility deferred.

    The basic twelve-year period of eligibility does not begin to run if 
the veteran was prevented from beginning or continuing a vocational 
rehabilitation program for one of the following reasons:
    (a) Qualifying compensable service-connected disability established. 
The basic twelve-year period shall not begin to run until the veteran 
establishes the existence of a compensable service-connected disability 
described in Sec. 21.40(a).

[[Page 125]]

When the veteran establishes the existence of a compensable service-
connected disability described in Sec. 21.40(a), the basic twelve-year 
period begins on the day the Department of Veterans Affairs notifies the 
veteran of this. The ending date is twelve years from the beginning 
date.


(Authority: 38 U.S.C. 3103(b)(3), Pub. L. 101-508)

    (b) Character of discharge. (1) The basic twelve-year period of 
eligibility shall not begin to run during any period when the veteran 
had not met the requirement of a discharge or release from the active 
military, naval or air services under conditions other than dishonorable 
before:
    (i) The discharge or release was changed by appropriate authority, 
or
    (ii) The Department of Veterans Affairs determines that the 
discharge or release was under conditions other than dishonorable.
    (2) The basic twelve-year period shall not begin to run during any 
period in which the veteran's discharge or dismissal was considered a 
bar to benefits by the Department of Veterans Affairs, before this bar 
is removed by the Department of Veterans Affairs.
    (3) When there is a change in the character of discharge or 
dismissal under paragraph (b) (1) or (2) of this section the beginning 
date of the basic twelve-year period of eligibility is the effective 
date of the change. Determination of character of discharge and change 
in the character of discharge shall be made under the provisions of 
Sec. 3.12. The ending date is twelve years from the beginning date.


(Authority: 38 U.S.C. 3103(b)(2))

    (c) Medical condition prevents initiation or continuation. (1) The 
basic 12-year period of eligibility shall not begin to run or continue 
to run during any period of 30 days or more in which the veteran's 
participation in vocational rehabilitation is infeasible because of the 
veteran's medical condition, which condition may include the disabling 
effects of chronic alcoholism, subject to paragraph (c)(5) of this 
section. The 12-year period shall begin or resume when it is feasible 
for the veteran to participate in a vocational rehabilitation program, 
as that term is defined in Sec. 21.35.
    (2) The term disabling effects of chronic alcoholism means alcohol-
induced physical or mental disorders or both, such as habitual 
intoxication, withdrawal, delirium, amnesia, dementia, and other like 
manifestations of chronic alcoholism which, in the particular case:
    (i) Have been medically diagnosed as manifestations of alcohol 
dependency or chronic alcohol abuse; and
    (ii) Are determined to have prevented commencement or completion of 
the affected individual's rehabilitation program.
    (3) A diagnosis of alcoholism, chronic alcoholism, alcohol 
dependency, chronic alcohol abuse, etc., in and of itself, does not 
satisfy the definition of disabling effects of chronic alcoholism.
    (4) Injury sustained by a veteran as a proximate and immediate 
result of activity undertaken by the veteran while physically or 
mentally unqualified to do so due to alcoholic intoxication is not 
considered a disabling effect of chronic alcoholism.
    (5) The disabling effects of chronic alcoholism, which prevent 
initiation or continuation of participation in a vocational 
rehabilitation program after November 17, 1988, shall not be considered 
to be the result of willful misconduct.


(Authority: 38 U.S.C. 3103(b)(1), Pub. L. 100-689)

[49 FR 40814, Oct. 18, 1984; 50 FR 9622, Mar. 11, 1985, as amended at 55 
FR 40171, Oct. 2, 1990; 56 FR 15836, Apr. 18, 1991]