[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: 38CFR21.52]

[Page 130-131]
 
            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. 21.52  Serious employment handicap.

    (a) Requirement of determination of serious employment handicap. A 
separate determination whether a serious employment handicap exists 
shall be made in each case in which an employment handicap is found.


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

    (b) Definition. The term serious employment handicap means a 
significant impairment of a veteran's ability to prepare for, obtain or 
retain employment consistent with such veteran's abilities, aptitudes, 
and interests.


(Authority: 38 U.S.C. 3101(7))

    (c) Serious employment handicap exists. A veteran who has been found 
to have an employment handicap shall also be held to have serious 
employment handicap if he or she has:
    (1) A neuropsychiatric service-connected disability rated at thirty 
percent or more disabling; or
    (2) Any other service-connected disability rated at fifty percent or 
more disabling.
    (d) Serious employment handicap may exist. A veteran with a 
nonneuropsychiatric service-connected disability may be found to have a 
serious employment handicap even though the disability is rated at 
thirty or forty percent disabling, when either of the following 
conditions exists:
    (1) The veteran has a prior history of poor adjustment in training 
and employment, and special efforts will be

[[Page 131]]

needed if the veteran is to be rehabilitated; or
    (2) The veteran's situation presents special problems due to 
nonservice-connected disability, family pressures, etc., and a number of 
special and supportive services are needed to effect rehabilitation.
    (e) Serious employment handicap normally not found. A finding of 
serious employment handicap will normally not be made when a veteran's 
service-connected disability is rated at less than thirty percent 
disabling. A finding of serious employment handicap may nevertheless be 
made when:
    (1) The veteran's service-connected disability has caused 
substantial periods of unemployment or unstable work history;
    (2) The veteran has demonstrated a pattern of maladaptive behavior 
which is shown by a history of withdrawal from society or continuing 
dependency on government income support programs; and
    (f) Responsibility for determining serious employment handicap. A 
counseling psychologist in the Vocational Rehabilitation and Employment 
Division shall make determinations of serious employment handicap.


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

[49 FR 40814, Oct. 18, 1984, as amended at 54 FR 37332, Sept. 8, 1989]