[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: 38CFR21.44]

[Page 125-126]
 
            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. 21.44  Extension beyond basic period of eligibility because of serious 
employment handicap.

    The basic period of eligibility of a veteran with a serious 
employment handicap may be extended when the veteran's employment and 
particular handicap necessitate an extension as necessary to pursue a 
vocational rehabilitation program under the following conditions:
    (a) Not rehabilitated to the point of employability. The basic 
period of eligibility may be extended when the veteran has not 
previously been rehabilitated to the point of employability.


(Authority: 38 U.S.C. 3103(c))


[[Page 126]]


    (b) Rehabilitated to the point of employability. The veteran was 
previously declared rehabilitated to the point of employability, under 
the Department of Veterans Affairs vocational rehabilitation program, 
but either:
    (1) The veteran's service-connected disability or disabilities have 
worsened to the extent that he or she is unable to perform the duties of 
the occupation in which he or she is trained, or in a related 
occupation; or
    (2) The occupation in which the veteran was rehabilitated to the 
point of employability is not presently suitable in view of the 
veteran's current employment handicap and capabilities. (The finding of 
unsuitability must be based upon objective evidence developed in the 
course of reconsideration which shows that the nature or extent of the 
veteran's employment handicap and his or her capabilities are 
significantly different than were previously found.) or;
    (3) Occupational requirements have changed and additional services 
are needed to help the veteran continue in the occupation in which he or 
she was trained or in a related field.


(Authority: 38 U.S.C. 3103(c))