[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: 38CFR21.50]

[Page 127-128]
 
            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. 21.50  Initial evaluation.

    (a) Eligibility for initial evaluation. VA shall provide an initial 
evaluation to each individual who applies for benefits under chapter 31 
if the individual's compensable service-connected disability meets one 
of the conditions contained in Sec. 21.40(a).


(Authority: 38 U.S.C. 3102(1), Pub. L. 101-508)

    (b) Purpose. An initial evaluation will be provided to each 
individual who meets the conditions of paragraph (a) of this section to:
    (1) Determine the existence of an employment handicap;
    (2) Determine the basic twelve-year period of eligibility;
    (3) Determine whether an employment handicap shall be considered a 
serious employment handicap;

[[Page 128]]

    (4) Determine whether the basic twelve-year period of eligibility is 
extended for a veteran with a serious employment handicap;
    (5) Determine as expeditiously as possible, without extended 
evaluation, whether achievement of a vocational goal is currently 
reasonably feasible.
    (6) Evaluate the ability of the veteran to live and function 
independently within the veteran's family and community;
    (7) Determine if the veteran is eligible for employment services 
under Sec. 21.47;
    (8) Develop information necessary to plan an individual program for 
a veteran found eligible and entitled to services under Chapter 31; and
    (9) Assist a veteran who is found ineligible for assistance under 
Chapter 31 to identify other resources and programs for which he or she 
may be eligible.


(Authority: 38 U.S.C. 523, 3106(a), (d), 3116)

    (c) Scope of initial evaluation. The initial evaluation shall 
include consideration of:
    (1) The handicapping effects of the veteran's service-connected 
disability on employability and independence in daily living;
    (2) The veteran's residual physical and mental capabilities which 
contribute to employability and independence in daily living;
    (3) The veteran's ability to function independently in family and 
community;
    (4) Prior assessments of employability by a counseling psychologist;
    (5) Assessments authorized to provide additional information 
necessary for initial evaluation; and
    (6) The veteran's personal history including:
    (i) Education and training;
    (ii) Employment;
    (iii) Nonservice-connected dis- ability(ies), and
    (iv) Family and community adjustment.


(Authority: 38 U.S.C. 3106(a))

    (d) Responsibility for initial evaluation. (1) All determinations 
regarding service requirements for basic entitlement and, the beginning 
and ending dates of a veteran's basic twelve-year period of eligibility 
shall be made by appropriate staff of the Adjudication Division.
    (2) All other determinations, including extension of the basic 
twelve-year period because of serious employment handicap, and 
entitlement to assistance under Chapter 31 shall be made by appropriate 
staff of the Vocational Rehabilitation and Employment Division.


(Authority: 38 U.S.C. 3102, 3103, 3115(a))

    (e) Cooperation of the veteran. The cooperation of the veteran is 
essential to an initial evaluation. The purpose of the initial 
evaluation and the steps in the process shall be explained to the 
veteran and his or her cooperation requested. If the veteran does not 
cooperate in the initiation or completion of the initial evaluation the 
counseling psychologist shall make a reasonable effort through 
counseling to secure the veteran's cooperation. If the veteran's 
cooperation cannot be secured, the counseling psychologist shall suspend 
the initial evaluation until such time as the veteran cooperates. The 
veteran will be informed of any suspension of the initial evaluation, 
the reasons for this action, and the steps necessary to resume the 
evaluation.


(Authority: 38 U.S.C. 3111)

[49 FR 40814, Oct. 18, 1984, as amended at 53 FR 50956, Dec. 19, 1988; 
56 FR 15836, Apr. 18, 1991]