[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: 38CFR21.58]

[Page 132-133]
 
            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. 21.58  Redetermination of employment handicap and serious employment 
handicap.

    (a) Prior to induction into a program. A determination as to 
employment handicap, serious employment handicap, or eligibility for a 
program of employment services will not be changed except for:
    (1) Unmistakable error in fact or law; or
    (2) New and material evidence which justifies a change.
    (b) After induction into a program. (1) The Department of Veterans 
Affairs will not redetermine a finding of employment handicap, serious 
employment handicap, or eligibility for a program of employment services 
subsequent to the veteran's induction into a program because of a 
reduction in his or her disability rating, including a reduction to 0 
percent:
    (2) The Department of Veterans Affairs may consider whether a 
finding of employment handicap should be changed to serious employment 
handicap when there is an increase in the degree of service-connected 
disability, or other significant change in the veteran's situation;
    (3) A redetermination of employment handicap, serious employment 
handicap, or eligibility for a program of employment services will be 
made when

[[Page 133]]

there is a clear and unmistakable error of fact or law.


(Authority: 38 U.S.C. 3102, 3106)

    (c) Following rehabilitation or discontinuance. A veteran's 
eligibility and entitlement to assistance must be redetermined in any 
case in which:
    (1) The veteran is determined to be rehabilitated to the point of 
employability under the provisions of Sec. 21.190;
    (2) The veteran is determined to meet the requirements for 
rehabilitation under the provisions of Sec. 21.196; or
    (3) The veteran's program is discontinued under the provisions of 
Sec. 21.198, except as described in Sec. 21.198(c)(3).


(Authority: 38 U.S.C. 3102, 3111)