[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: 38CFR21.78]

[Page 136-138]
 
            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. 21.78  Approving more than 48 months of rehabilitation.

    (a) General. Neither the basic period of entitlement which may be 
authorized for a program of rehabilitation under Chapter 31 alone, nor a 
combination of entitlement of Chapter 31 and other programs listed in 
Sec. 21.4020 shall exceed 48 months except as indicated in paragraphs 
(b) and (c) of this section.


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

    (b) Employment handicap. A rehabilitation program for a veteran with 
an employment handicap may only be extended beyond 48 months when:

[[Page 137]]

    (1) The veteran previously completed training for a suitable 
occupation but the veteran's service-connected disability has worsened 
to the point that he or she is unable to perform the duties of the 
occupation for which training had been provided, and a period of 
training in the same or a different field is required. An extension 
beyond 48 months under Chapter 31 alone shall be authorized for this 
purpose.


(Authority: 38 U.S.C. 3105(c)(1)(A))

    (2) The occupation in which the veteran previously completed 
training is found to be unsuitable because of the veteran's abilities 
and employment handicap. An extension beyond 48 months under Chapter 31 
alone shall be approved for this purpose.


(Authority: 38 U.S.C. 3105(c)(1)(B))

    (3) The veteran previously used education benefit entitlement under 
other programs administered by VA, and the additional period of 
assistance to be provided under Chapter 31 which the veteran needs to 
become employable will result in more than 48 months being used under 
all VA education programs, under these conditions the number of months 
necessary to complete the program may be authorized under Chapter 31, 
provided that the length of the extension will not result in 
authorization of more than 48 months under Chapter 31 alone.


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

    (4) A veteran in an approved Chapter 31 program has elected payment 
of benefits at the Chapter 30 educational assistance rate. The 48 month 
limitation may be exceeded only:
    (i) To the extent that the entitlement in excess of 48 months does 
not exceed the entitlement previously used by the veteran in a course at 
the secondary school level under Sec. 21.4235 before December 31, 1989, 
or
    (ii) If the veteran is in a course on a term, quarter, or semester 
basis which began before the 36 month limitation on Chapter 30 
entitlement was reached, and completion of the course will be possible 
by permitting the veteran to complete the training under Chapter 31.


(Authority: 38 U.S.C. 3013, 3695; Pub. L. 98-525)

    (5) The assistance to be provided in excess of 48 months consists 
only of a period of employment assistance (see Sec. 21.73).


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

    (c) Serious employment handicap. The duration of a rehabilitation 
program for a veteran with a serious employment handicap may be extended 
beyond 48 months under Chapter 31 for the number of months necessary to 
complete a rehabilitation program under the following conditions:
    (1) To enable the veteran to complete a period of rehabilitation to 
the point of employability;
    (2) To provide an extended evaluation in cases in which the total 
period needed for an extended evaluation and for rehabilitation to the 
point of employability would exceed 48 months;
    (3) To provide a program of independent living services, including 
cases in which achievement of a vocational goal becomes feasible during 
or following a program of independent living services;
    (4) Following rehabilitation to the point of employability:
    (i) The veteran has been unable to secure employment in the 
occupation for which training has been provided despite intensive 
efforts on the part of the Department of Veterans Affairs and the 
veteran, and a period of retraining or additional training is needed;
    (ii) The skills which the veteran developed in training for an 
occupation in which he or she was employed are no longer adequate to 
maintain employment in that field and a period of retraining is needed;
    (iii) The veteran's service-connected disability has worsened to the 
point that he or she is unable to perform the duties of the occupation 
for which the veteran has been trained, and a period of training in the 
same or different field is required;
    (iv) The occupation in which the veteran previously completed 
training is

[[Page 138]]

found to be unsuitable due to the veteran's abilities and employment 
handicap.
    (5) The assistance to be provided in excess of 48 months consists, 
only of a period of employment assistance. (see Sec. 21.73).


(Authority: 38 U.S.C. 3105(c)(2))

    (d) Approval of extension beyond 48 months. All extensions of a 
rehabilitation program beyond 48 months of total entitlement under all 
Department of Veterans Affairs programs requires the approval of the 
counseling psychologist and concurrence of the Vocational Rehabilitation 
and Employment Officer. Concurrence of the VR&C officer is not required 
for an extension due to provision of employment assistance (see 
Sec. 21.21).


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

[49 FR 40814, Oct. 18, 1984, as amended at 54 FR 4283, Jan. 30, 1989; 57 
FR 57108, Dec. 3, 1992]