[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: 38CFR21.72]

[Page 135]
 
            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. 21.72  Rehabilitation to the point of employability.

    (a) General. Rehabilitation to the point of employability may 
include the services needed to:
    (1) Evaluate and improve the veteran's ability to undertake 
training;
    (2) Train the veteran to the level generally recognized as necessary 
for entry into employment in a suitable occupational objective. Where a 
particular degree, diploma, or certificate is generally necessary for 
entry into the occupation, e.g., an MSW for social work, the veteran 
shall be trained to that level.


(Authority: 38 U.S.C. 3101(5), 3104)

    (b) When duration of training may exceed general requirements--(1) 
Employment handicap. If the amount of training necessary to qualify for 
employment in a particular occupation in a geographical area where a 
veteran lives or will seek employment exceeds the amount generally 
needed for employment in that occupation, the Department of Veterans 
Affairs will provide, or arrange for the necessary additional training.
    (2) Serious employment handicap. The Department of Veterans Affairs 
will assist a veteran with a serious employment handicap to train to a 
higher level than is usually required to qualify in a particular 
occupation, when one of the following conditions exist:
    (i) The veteran is preparing for a type of work in which he or she 
will be at a definite disadvantage in competing with nondisabled persons 
for jobs or business, and the additional training will help to offset 
the competitive disadvantage;
    (ii) The number of feasible occupations are restricted, and 
additional training will enhance the veteran's employability in one of 
those occupations;
    (iii) The number of employment opportunities within feasible 
occupations are restricted.


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

    (c) Responsibility for estimating duration of training. (1) The 
counseling psychologist shall estimate the duration of training and the 
estimate shall be incorporated in the IWRP (Individualized Written 
Rehabilitation Plan). When the period of training is estimated to exceed 
48 months, the concurrence of the Vocational Rehabilitation and 
Employment Officer is required, prior to approving the IWRP, under 
conditions listed in Sec. 21.78.
    (2) The estimated duration of the period of training required to 
complete an original or amended IWRP may be extended when necessary. 
Authorization of an extension is the responsibility of the counseling 
psychologist, except as provided in paragraph (d) of this section. Any 
extension which will result in use of more than 48 months of entitlement 
must meet conditions described in Sec. 21.78.


(Authority: 38 U.S.C. 3695(b))

    (d) Extension of training by the vocational rehabilitation 
specialist. (1) The VRS (Vocational Rehabilitation Specialist) may 
authorize an extension of up to six months of the period of vocational 
rehabilitation training authorized by the IWRP when:
    (i) The veteran is in rehabilitation to the point of employability 
status under Sec. 21.190;
    (ii) The veteran has completed more than half of the prescribed 
training;
    (iii) The veteran is making satisfactory progress;
    (iv) The extension is necessary to complete training;
    (v) Training can be completed within six months; and
    (vi) The extension will not result in use of more than 48 months of 
entitlement under Chapter 31 alone or in combination with other programs 
identified in Sec. 21.4020.
    (2) If the conditions listed in paragraph (d)(1) of this section are 
not met, and an extension is needed to complete the program, the case 
will be referred to the counseling psychologist for a determination.


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