[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: 38CFR21.79]

[Page 138-139]
 
            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. 21.79  Determining entitlement usage under Chapter 31.

    (a) General. The determination of entitlement usage for chapter 31 
participants is made under the provisions of this section except as 
provided in paragraph (f) of this section. Charges for entitlement usage 
shall be based upon the principle that a veteran who pursues a 
rehabilitation program for 1 day should be charged 1 day of entitlement. 
The determination of entitlement is based upon the rate at which the 
veteran pursues his or her rehabilitation program. The rate of pursuit 
is determined under the provisions of Sec. 21.310 of this part.


(Authority: 38 U.S.C. 3108(d))

    (b) No charge against chapter 31 entitlement. No charge will be made 
against chapter 31 entitlement under any of the following circumstances:
    (1) The veteran is receiving employment services under an 
Individualized Employment Assistance Plan (IEAP);
    (2) The veteran is receiving an employment adjustment allowance; or
    (3) The veteran is on leave from his or her program, but leave is 
not authorized by the Department of Veterans Affairs.


(Authority: 38 U.S.C. 3108(d), 3117)

    (c) Periods during which entitlement may be charged. Charges for 
usage of chapter 31 entitlement may only be made for program 
participants in one of the following case statuses:
    (1) Rehabilitation to the point of employability;
    (2) Extended evaluation; or
    (3) Independent living.


(Authority: 38 U.S.C. 3106, 3109)

    (d) Method of charging entitlement under chapter 31. The Department 
of Veterans Affairs will make a charge against entitlement:
    (1) On the basis of total elapsed time (1 day of entitlement for 
each day of pursuit) if the veteran is being provided a rehabilitation 
program on a full-time basis;
    (2) On the basis of a proportionate rate of elapsed time if the 
veteran is being provided a rehabilitation program on a three-quarter, 
one-half or less than one-half time basis. Entitlement is charged at a:
    (i) Three-quarter time rate if pursuit is three-quarters or more, 
but less than full-time;
    (ii) One-half time rate if pursuit is half-time or more, but less 
than three-quarter time;
    (iii) One-quarter time rate if pursuit is less than half-time. 
Measurement of pursuit on a one-quarter time basis is limited to 
veterans in independent living or extended evaluation programs.


(Authority: 38 U.S.C. 3108(d), 3680(g))

    (e) Computing entitlement. (1) The computation of entitlement is 
based upon the rate of program pursuit, as determined under Sec. 21.310 
of this part, over the elapsed time during which training and 
rehabilitation services were furnished;
    (2) The Department of Veterans Affairs will compute elapsed time 
from the commencing date of the rehabilitation program as determined 
under Sec. 21.322 of this part to the date of termination as determined 
under Sec. 21.324 of

[[Page 139]]

this part. This includes the period during which veterans not receiving 
subsistence allowance because of a statutory bar; e.g., certain 
incarcerated veterans or servicepersons in a military hospital, 
nevertheless, received other chapter 31 services and assistance. Elapsed 
time includes the total period from the commencing date until the 
termination date, except for any period of unauthorized leave;
    (3) If the veteran's rate of pursuit changes after the commencing 
date of the rehabilitation program, the Department of Veterans Affairs 
will:
    (i) Separate the period of rehabilitation program services into the 
actual periods of time during which the veteran's rate of pursuit was 
different; and
    (ii) Compute entitlement based on the rate of pursuit for each 
separate elapsed time period.


(Authority: 38 U.S.C. 3108(f))

    (f) Special situtations. (1) When a chapter 31 participant elects 
benefits of the kind provided under chapter 30 or chapter 34 as a part 
of his or her rehabilitation program under chapter 31, the veteran's 
entitlement usage will be determined by using the entitlement provisions 
of those programs. Entitlement charges shall be in accordance with 
Sec. 21.7076 for chapter 30 and Sec. 21.1045 under chapter 34. The 
entitlement usage computed under these provisions is deducted from the 
veteran's chapter 31 entitlement. No entitlement charges are made 
against either chapter 30 or chapter 34.


(Authority: 38 U.S.C. 3108(f))

    (2) When a veteran is pursuing on-job training or work experience in 
a Federal agency on a nonpay or nominal pay basis, the amount of 
entitlement used is determined in the following manner:
    (i) Entitlement used in on-job training in a Federal agency on a 
nonpay or nominal pay basis is determined in the same manner as other 
training.
    (ii) Entitlement used in pursuing work experience will be computed 
in the same manner as for veterans in on-job training except that work 
experience may be pursued on a less than full-time basis. If the veteran 
is receiving work experience on a less than full-time basis, entitlement 
charges are based upon a proportionate amount of the workweek. For 
example, if the workweek is 40 hours, three-quarter time is at least 30 
hours, but less than 40 hours, and half-time is at least 20 hours but 
less than 30 hours.


(Authority: 38 U.S.C. 3108(c))

    (3) Entitlement is charged on a full-time basis for a veteran found 
to have a reduced work tolerance.


(Authority: 38 U.S.C. 3108(d), 3680(g))

    (g) Overpayment. The Department of Veterans Affairs will make a 
charge against entitlement for an overpayment of subsistence allowance 
under the conditions described in Sec. 21.1045(h) of this part.


(Authority: 38 U.S.C. 3680(g))

[54 FR 47770, Nov. 17, 1989]

               Individualized Written Rehabilitation Plan