[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: 38CFR21.53]

[Page 131-132]
 
            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. 21.53  Reasonable feasibility of achieving a vocational goal.

    (a) Requirement. The Department of Veterans Affairs shall determine 
the reasonable feasibility of achieving a vocational goal in each case 
in which a veteran has either:
    (1) An employment handicap, or
    (2) A serious employment handicap.


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

    (b) Definition. The term vocational goal means a gainful employment 
status consistent with the veteran's abilities, aptitudes, and 
interests.


(Authority: 38 U.S.C. 3101(8))

    (c) Expeditious determination. The determination of reasonable 
feasibility shall be made as expeditiously as possible when necessary 
information has been developed in the course of initial evaluation. If 
an extended evaluation is necessary as provided in Sec. 21.57 a decision 
of feasibility shall be made by the end of the extended evaluation. Any 
reasonable doubt shall be resolved in favor of a finding of feasibility.


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

    (d) Vocational goal is reasonably feasible. Achievement of a 
vocational goal is reasonably feasible for a veteran with either an 
employment or serious employment handicap when the following conditions 
are met:
    (1) Vocational goal(s) has (have) been identified;
    (2) The veteran's physical and mental conditions permit training for 
the goal(s) to begin within a reasonable period; and
    (3) The veteran:
    (i) Possesses the necessary educational skills and background to 
pursue the vocational goal; or
    (ii) Will be provided services by the Department of Veterans Affairs 
to develop such necessary educational skills as part of the program.


(Authority: 38 U.S.C. 3104(a)(1), 3106(a))

    (e) Criteria for reasonable feasibility not met. (1) When VA finds 
that the provisions of paragraph (d) of this section are not met, but VA 
has not determined that achievement of a vocational goal is not 
currently reasonably feasible, VA shall provide the rehabilitation 
services contained in Sec. 21.35(i)(1)(i) of this part as appropriate;
    (2) A finding that achievement of a vocational goal is infeasible 
without a period of extended evaluation requires compelling evidence 
which establishes infeasibility beyond any reasonable doubt.


(Authority: 38 U.S.C. 3104(a)(1), 3106(b))

    (f) Independent living services. The counseling psychologist shall 
determine the current reasonable feasibility of a program of independent 
living services in each case in which a vocational rehabilitation 
program is not found reasonably feasible. The concurrence of the 
Vocational Rehabilitation

[[Page 132]]

and Employment (VR&C) Officer is required in any case in which the 
counseling psychologist does not approve a program of independent living 
services.


(Authority: 38 U.S.C. 3100)

    (g) Responsible staff. A counseling psychologist in the Vocational 
Rehabilitation and Employment Division shall determine whether 
achievement of a vocational goal is:
    (1) Reasonably feasible; or
    (2) Not currently reasonably feasible under the provisions of 
paragraph (e) of this section for the purpose of determining present 
eligibility to receive a program of independent living services.


(Authority: 38 U.S.C. 3106(b), Pub. L. 99-576)

[49 FR 40814, Oct. 18, 1984, as amended at 53 FR 50956, Dec. 19, 1988; 
54 FR 37332, Sept. 8, 1989]