[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: 38CFR21.47]

[Page 126-127]
 
            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. 21.47  Eligibility for employment assistance.

    (a) Providing employment services to veterans eligible for a 
rehabilitation program under chapter 31. Each veteran, other than one 
found in need of a program of independent living services and 
assistance, who is otherwise currently eligible for and entitled to 
participate in a program of rehabilitation under chapter 31 may receive 
employment services. Included are those veterans who:
    (1) Have completed a program of rehabilitation services under 
chapter 31 and been declared rehabilitated to the point of 
employability;
    (2) Have not completed a period of rehabilitation to the point of 
employability under chapter 31, but:
    (i) Have elected to secure employment without completing the period 
of rehabilitation to the point of employability; and
    (ii) Are employable; or
    (3) Have never received services for rehabilitation to the point of 
employability under chapter 31 if they:
    (i) Are employable or employed in a suitable occupation;
    (ii) Have an employment handicap or a serious employment handicap; 
and
    (iii) Need employment services to secure and/or maintain suitable 
employment.


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

    (b) Veteran previously participated in a VA vocational 
rehabilitation program or a similar program under the Rehabilitation Act 
of 1973, as amended. A veteran who at some time in the past has 
participated in a vocational rehabilitation program under chapter 31 or 
a similar program under the Rehabilitation Act of 1973 as amended, and 
is employable is eligible for employment services under the following 
conditions even though he or she is ineligible for any other assistance 
under chapter 31:
    (1) The veteran is employable in a suitable occupation;
    (2) The veteran has filed a claim for vocational rehabilitation or 
employment assistance;
    (3) The veteran meets the criteria for eligibility described in 
Sec. 21.40(a); and
    (4) The veteran has an employment handicap or serious employment 
handicap; and
    (5) The veteran:
    (i) Completed a vocational rehabilitation program under 38 U.S.C. 
ch. 31 or participated in such a program for at

[[Page 127]]

least 90 days on or after September 16, 1940; or
    (ii) Completed a vocational rehabilitation program under the 
Rehabilitation Act of 1973 after September 26, 1975, or participated in 
such a program which included at least 90 days of postsecondary 
education or vocational training.


(Authority: 38 U.S.C. 3117)

    (c) Veteran never received vocational rehabilitation services from 
the Department of Veterans Affairs or under the Rehabilitation Act of 
1973. If a veteran is currently ineligible under chapter 31 because he 
or she does not have an employment handicap, and has never before 
participated in a vocational rehabilitation program under chapter 31 or 
under the Rehabilitation Act of 1973, no employment assistance may now 
be provided to the veteran under chapter 31.


(Authority: 38 U.S.C. 3117)

    (d) Duration of period of employment assistance. The periods during 
which employment assistance may be provided are not subject to 
limitations on periods of eligibility for vocational rehabilitation 
provided in Secs. 21.41 through 21.45 of this part, but entitlement to 
such assistance is, as provided in Sec. 21.73 of this part, limited to 
18 total months of assistance.


(Authority: 38 U.S.C. 3105)

[54 FR 21215, May 17, 1989, as amended at 56 FR 15836, Apr. 18, 1991]