2005 CFR Title 38, Volume 2

Title 38--Pensions, Bonuses, and Veterans' Relief CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS (CONTINUED) PART 21--VOCATIONAL REHABILITATION AND EDUCATION
	21.1	Training and rehabilitation for veterans with service-connected disabilities.
	21.21	Election of benefits under education programs administered by the Department of Veterans Affairs.
	21.22	Nonduplication--Federal programs.
	21.30	Claims.
	21.31	Informal claim.
	21.32	Time limit.
	21.35	Definitions.
	21.40	Basic entitlement.
	21.41	Basic period of eligibility.
	21.42	Basic period of eligibility deferred.
	21.44	Extension beyond basic period of eligibility because of serious employment handicap.
	21.45	Extension beyond basic period of eligibility for a program of independent living services.
	21.47	Eligibility for employment assistance.
	21.48	Severance of service-connection--reduction to noncompensable degree.
	21.50	Initial evaluation.
	21.51	Determining employment handicap.
	21.52	Determining serious employment handicap.
	21.53	Reasonable feasibility of achieving a vocational goal.
	21.57	Extended evaluation.
	21.58	Redetermination of employment handicap and serious employment handicap.
	21.59	Review and appeal of decisions on eligibility and entitlement.
	21.60	Vocational Rehabilitation Panel.
	21.62	Duties of the Vocational Rehabilitation Panel.
	21.70	Vocational rehabilitation.
	21.72	Rehabilitation to the point of employability.
	21.73	Duration of employment assistance programs.
	21.74	Extended evaluation.
	21.76	Independent living.
	21.78	Approving more than 48 months of rehabilitation.
	21.79	Determining entitlement usage under Chapter 31.
	21.80	Requirement for a rehabilitation plan.
	21.82	Completing the plan under Chapter 31.
	21.84	Individualized written rehabilitation plan.
	21.86	Individualized extended evaluation plan.
	21.88	Individualized employment assistance plan.
	21.90	Individualized independent living plan.
	21.92	Preparation of the plan.
	21.94	Changing the plan.
	21.96	Review of the plan.
	21.98	Appeal of disagreement regarding development of, or change in, the plan.
	21.100	Counseling.
	21.120	Educational and vocational training services.
	21.122	School course.
	21.123	On-job course.
	21.124	Combination course.
	21.126	Farm cooperative course.
	21.128	Independent study course.
	21.129	Home study course.
	21.130	Educational and vocational courses outside the United States.
	21.132	Repetition of the course.
	21.134	Limitation on flight training.
	21.140	Evaluation and improvement of rehabilitation potential.
	21.142	Adult basic education.
	21.144	Vocational course in a sheltered workshop or rehabilitation facility.
	21.146	Independent instructor course.
	21.148	Tutorial assistance.
	21.150	Reader service.
	21.152	Interpreter service for the hearing impaired.
	21.154	Special transportation assistance.
	21.155	Services to a veteran's family.
	21.156	Other incidental goods and services.
	21.160	Independent living services.
	21.162	Participation in a program of independent living services.
	21.180	Case status system.
	21.182	``Applicant'' status.
	21.184	``Evaluation and planning'' status.
	21.186	``Ineligible'' status.
	21.188	``Extended evaluation'' status.
	21.190	``Rehabilitation to the point of employability'' status.
	21.192	``Independent living program'' status.
	21.194	``Employment services'' status.
	21.196	``Rehabilitated'' status.
	21.197	``Interrupted'' status.
	21.198	``Discontinued'' status.
	21.210	Supplies.
	21.212	General policy in furnishing supplies during periods of rehabilitation.
	21.214	Furnishing supplies for special programs.
	21.216	Special equipment.
	21.218	Methods of furnishing supplies.
	21.219	Supplies consisting of clothing, magazines and periodicals, and items which may be personally used by the veteran.
	21.220	Replacement of supplies.
	21.222	Release of, and repayment for, training and rehabilitation supplies.
	21.224	Prevention of abuse.
	21.240	Medical treatment, care and services.
	21.242	Resources for provision of treatment, care and services.
	21.250	Overview of employment services.
	21.252	Job development and placement services.
	21.254	Supportive services.
	21.256	Incentives for employers.
	21.257	Self-employment.
	21.258	Special assistance for veterans in self-employment.
	21.260	Subsistence allowance.
	21.262	Procurement and reimbursement of cost for training and rehabilitation services, supplies, or facilities.
	21.264	Election of payment at the 38 U.S.C. chapter 30 educational assistance rate.
	21.266	Payment of subsistence allowance under special conditions.
	21.268	Employment adjustment allowance.
	21.270	Payment of subsistence allowance during leave and between periods of instruction.
	21.272	Veteran-student services.
	21.274	Revolving fund loan.
	21.276	Incarcerated veterans.
	21.282	Effective date of induction into a rehabilitation program.
	21.283	Rehabilitated.
	21.284	Reentrance into a rehabilitation program.
	21.290	Training and rehabilitation resources.
	21.292	Course approvals.
	21.294	Selecting the training or rehabilitation facility.
	21.296	Selecting a training establishment for on-job training.
	21.298	Selecting a farm.
	21.299	Use of Government facilities for on-job training or work experience at no or nominal pay.
	21.310	Rate of pursuit of a rehabilitation program.
	21.312	Reduced work tolerance.
	21.314	Pursuit of training under special conditions.
	21.320	Awards for subsistence allowance and authorization of rehabilitation services.
	21.322	Commencing dates of subsistence allowance.
	21.324	Reduction or termination dates of subsistence allowance.
	21.326	Authorization of employment services.
	21.328	Two veteran cases--dependents.
	21.330	Apportionment.
	21.332	Payments of subsistence allowance.
	21.334	Election of payment at the Chapter 30 rate.
	21.340	Introduction.
	21.342	Leave accounting policy.
	21.344	Facility offering training or rehabilitation services.
	21.346	Facility temporarily not offering training or rehabilitation services.
	21.348	Leave following completion of a period of training or rehabilitation services.
	21.350	Unauthorized absences.
	21.362	Satisfactory conduct and cooperation.
	21.364	Unsatisfactory conduct and cooperation.
	21.370	Intraregional travel at government expense.
	21.372	Interregional transfer at government expense.
	21.374	Authorization for travel of attendants.
	21.376	Travel expenses for initial evaluation and counseling.
	21.380	Establishment of qualifications for personnel providing assistance under Chapter 31.
	21.382	Training and staff development for personnel providing assistance under Chapter 31.
	21.390	Rehabilitation research and special projects.
	21.400	Veterans' Advisory Committee on Rehabilitation.
	21.402	Responsibilities of the Veterans' Advisory Committee on Rehabilitation.
	21.410	Delegation of authority.
	21.412	Finality of decisions.
	21.414	Revision of decision.
	21.420	Informing the veteran.
	21.422	Reduction in subsistence allowance following the loss of a dependent.
	21.430	Accountability for authorization and payment of training and rehabilitation services.
	21.1029	Definitions.
	21.1030	Claims.
	21.1031	VA responsibilities when a claim is filed.
	21.1032	VA has a duty to assist claimants in obtaining evidence.
	21.1033	Time limits.
	21.3001	Delegation of authority.
	21.3002	Administration of Survivors' and Dependents' Educational Assistance Program.
	21.3020	Educational assistance.
	21.3021	Definitions.
	21.3022	Nonduplication--programs administered by VA.
	21.3023	Nonduplication; pension, compensation, and dependency and indemnity compensation.
	21.3024	Nonduplication; Federal Employees' Compensation Act.
	21.3025	Nonduplication; Federal programs.
	21.3030	Claims.
	21.3040	Eligibility; child.
	21.3041	Periods of eligibility; child.
	21.3042	Service with Armed Forces.
	21.3043	Suspension of program; child.
	21.3044	Entitlement.
	21.3045	Entitlement charges.
	21.3046	Periods of eligibility; spouses and surviving spouses.
	21.3047	Extended period of eligibility due to physical or mental disability.
	21.3100	Counseling.
	21.3102	Required counseling.
	21.3103	Failure to cooperate.
	21.3104	Special training.
	21.3105	Travel expenses.
	21.3130	Educational assistance.
	21.3131	Rates--educational assistance allowance--38 U.S.C. chapter 35.
	21.3132	Reductions in survivors' and dependents' educational assistance.
	21.3133	Payment procedures.
	21.3135	Reduction or discontinuance dates for awards of educational assistance allowance.
	21.3300	Special restorative training.
	21.3301	Need.
	21.3302	Agreements.
	21.3303	Extent of training.
	21.3304	Assistance during training.
	21.3305	``Interrupted'' status.
	21.3306	Reentrance after interruption.
	21.3307	``Discontinued'' status.
	21.3330	Payments.
	21.3331	Commencing date.
	21.3332	Discontinuance dates.
	21.3333	Rates.
	21.3344	Special assistance for the educationally disadvantaged.
	21.4001	Delegations of authority.
	21.4002	Finality of decisions.
	21.4003	Revision of decisions.
	21.4005	Conflicting interests.
	21.4006	False or misleading statements.
	21.4007	Forfeiture.
	21.4008	Prevention of overpayments.
	21.4009	Waiver or recovery of overpayments.
	21.4020	Two or more programs.
	21.4022	Nonduplication--programs administered by VA.
	21.4131	Commencing dates.
	21.4135	Discontinuance dates.
	21.4136	Withdrawals or nonpunitive grades may result in nonpayment.
	21.4138	Certifications and release of payments.
	21.4145	Work-study allowance.
	21.4146	Assignments of benefits prohibited.
	21.4150	Designation.
	21.4151	Cooperation.
	21.4152	Control by agencies of the United States.
	21.4153	Reimbursement of expenses.
	21.4154	Report of activities.
	21.4155	Evaluations of State approving agency performance.
	21.4200	Definitions.
	21.4201	Restrictions on enrollment; percentage of students receiving financial support.
	21.4202	Overcharges; restrictions on enrollments.
	21.4203	Reports--requirements.
	21.4204	Periodic certifications.
	21.4206	Reporting fee.
	21.4209	Examination of records.
	21.4210	Suspension, discontinuance, and denial of educational assistance payments, and disapproval of enrollments or reenrollments for pursuit of approved courses.
	21.4211	Composition, jurisdiction, and duties of Committee on Educational Allowances.
	21.4212	Referral to Committee on Educational Allowances.
	21.4213	Notice of hearing by Committee on Educational Allowances.
	21.4214	Hearing rules and procedures for Committee on Educational Allowances.
	21.4215	Decision of Director of VA Regional Processing Office of jurisdiction.
	21.4216	Review of decision of Director of VA Regional Processing Office of jurisdiction.
	21.4232	Specialized vocational training--38 U.S.C. Chapter 35.
	21.4233	Combination.
	21.4234	Change of program.
	21.4235	Programs of education that include flight training.
	21.4236	Tutorial assistance.
	21.4250	Course and licensing and certification test approval; jurisdiction and notices.
	21.4251	Minimum period of operation requirement for educational institutions.
	21.4252	Courses precluded; erroneous, deceptive, or misleading practices.
	21.4253	Accredited courses.
	21.4254	Nonaccredited courses.
	21.4255	Refund policy; nonaccredited courses.
	21.4256	Correspondence programs and courses.
	21.4257	Cooperative courses.
	21.4258	Notice of approval.
	21.4259	Suspension or disapproval.
	21.4260	Courses in foreign countries.
	21.4261	Apprentice courses.
	21.4262	Other training on-the-job courses.
	21.4263	Approval of flight training courses.
	21.4264	Farm cooperative courses.
	21.4265	Practical training approved as institutional training or on-job training.
	21.4266	Approval of courses at a branch campus or extension.
	21.4267	Approval of independent study.
	21.4268	Approval of licensing and certification tests.
	21.4270	Measurement of courses.
	21.4272	Collegiate course measurement.
	21.4273	Collegiate graduate.
	21.4274	Law courses.
	21.4275	Practical training courses; measurement.
	21.4277	Discontinuance: unsatisfactory progress, conduct and attendance.
	21.4278	Reentrance after discontinuance.
	21.4279	Combination correspondence-residence program.
	21.4500	Definitions.
	21.4501	Eligibility.
	21.4502	Applications.
	21.4503	Determination of loan amount.
	21.4504	Promissory note.
	21.4505	Check delivery.
	21.4507	Advertising.
	21.5001	Administration of benefits: 38 U.S.C. Chapter 32.
	21.5020	Post-Vietnam era veterans' educational assistance.
	21.5021	Definitions.
	21.5022	Eligibility under more than one program.
	21.5023	Nonduplication; Federal programs.
	21.5030	Applications, claims, and time limits.
	21.5040	Basic eligibility.
	21.5041	Periods of entitlement.
	21.5042	Extended period of eligibility.
	21.5050	Application requirements for participation.
	21.5052	Contribution requirements.
	21.5053	Restoration of contributions (Persian Gulf War).
	21.5054	Dates of participation.
	21.5058	Resumption of participation.
	21.5060	Disenrollment.
	21.5062	Date of disenrollment.
	21.5064	Refund upon disenrollment.
	21.5065	Refunds without disenrollment.
	21.5066	Suspension of participation.
	21.5067	Death of participant.
	21.5070	Entitlement.
	21.5071	Months of entitlement allowed.
	21.5072	Entitlement charge.
	21.5076	Entitlement charge--overpayment cases.
	21.5078	Interruption to conserve entitlement.
	21.5100	Counseling.
	21.5103	Travel expenses.
	21.5130	Payments; educational assistance allowance.
	21.5131	Educational assistance allowance.
	21.5132	Criteria used in determining benefit payments.
	21.5133	Certifications and release of payments.
	21.5134	Restrictions on paying benefits to servicepersons.
	21.5135	Advance payments.
	21.5136	Benefit payments--secondary school program.
	21.5137	Benefit payments and charges against entitlement for taking an approved licensing or certification test.
	21.5138	Computation of benefit payments and monthly rates.
	21.5139	Computation of benefit payments for incarcerated individuals.
	21.5141	Tutorial assistance.
	21.5150	State approving agencies.
	21.5200	Schools.
	21.5230	Programs of education.
	21.5231	Combination.
	21.5232	Change of program.
	21.5250	Courses.
	21.5270	Assessment and pursuit of course.
	21.5290	Educational Assistance Pilot Program.
	21.5292	Reduced monthly contribution for certain individuals.
	21.5294	Transfer of entitlement.
	21.5296	Extended period of eligibility.
	21.5701	Establishment of educational assistance test program.
	21.5703	Overview.
	21.5705	Transfer of authority.
	21.5720	Definitions.
	21.5725	Obtaining benefits.
	21.5730	Applications, claims, and time limits.
	21.5740	Eligibility.
	21.5741	Eligibility under more than one program.
	21.5742	Entitlement.
	21.5743	Transfer of entitlement.
	21.5744	Charges against entitlement.
	21.5745	Period of entitlement.
	21.5800	Courses.
	21.5810	Certifications of enrollment.
	21.5812	Reports of withdrawals and terminations of attendance and changes in training time.
	21.5816	False or fraudulent claims.
	21.5820	Educational assistance.
	21.5822	Subsistence allowance.
	21.5824	Nonduplication: Federal progams.
	21.5828	False or misleading statements.
	21.5830	Payment of educational assistance.
	21.5831	Commencing date of subsistence allowance.
	21.5834	Discontinuance dates: General.
	21.5835	Specific discontinuance dates.
	21.5838	Overpayments.
	21.5870	Measurement of courses.
	21.5900	Administration of benefits program--chapter 107, title 10 U.S.C.
	21.5901	Delegations of authority.
	21.6001	Temporary vocational training program for certain pension recipients.
	21.6005	Definitions.
	21.6010	Applicability of rules and administrative procedures under 38 U.S.C., Chapter 31.
	21.6015	Claims and elections.
	21.6021	Nonduplication--38 U.S.C., chapters 30, 31, 32, 34 and 35.
	21.6040	Eligibility for vocational training and employment assistance.
	21.6042	Entry, reentry and completion.
	21.6050	Participation of eligible veterans in an evaluation.
	21.6052	Evaluations.
	21.6054	Criteria for determining good employment potential.
	21.6056	Cooperation of the veteran in an evaluation.
	21.6058	Consequences of evaluation.
	21.6059	Limitations on the number of evaluations.
	21.6060	Services and assistance.
	21.6070	Basic duration of a vocational training program.
	21.6072	Extending the duration of a vocational training program.
	21.6074	Computing the period of vocational training program participation.
	21.6080	Requirement for an individualized written rehabilitation or employment assistance plan.
	21.6082	Completing the plan.
	21.6100	Counseling.
	21.6120	Educational and vocational training services.
	21.6140	Evaluation and improvement of rehabilitation potential.
	21.6160	Independent living services.
	21.6180	Case status system.
	21.6210	Supplies.
	21.6240	Medical treatment, care and services.
	21.6242	Resources for provision of medical treatment, care and services.
	21.6260	Financial assistance.
	21.6282	Effective dates of induction into and termination of vocational training.
	21.6284	Reentrance into a training program.
	21.6290	Training resources
	21.6310	Rate of pursuit.
	21.6320	Authorization of services under Chapter 31 rules.
	21.6340	Leaves of absence.
	21.6362	Satisfactory conduct and cooperation.
	21.6370	Authorization of transportation services.
	21.6380	Additional applicable Chapter 31 regulations.
	21.6410	Delegation of authority.
	21.6420	Coordination with the Veterans Service Center.
	21.6501	Overview.
	21.6503	Definitions.
	21.6505	Participation in the temporary program.
	21.6507	Special benefits for qualified veterans under test program.
	21.6509	Notice to qualified veterans.
	21.6515	Formulation of rehabilitation plan.
	21.6519	Eligibility of qualified veterans for employment and counseling services.
	21.6521	Employment of qualified veterans.
	21.6523	Entry and reentry into a program of counseling and employment services under 38 U.S.C. 3104(a) (2) and (5).
	21.7000	Establishment of educational assistance program.
	21.7020	Definitions.
	21.7030	Applications, claims, and time limits.
	21.7032	Time limits for making elections.
	21.7040	Categories of basic eligibility.
	21.7042	Basic eligibility requirements.
	21.7044	Persons with eligibility under 38 U.S.C. chapter 34.
	21.7045	Eligibility based on involuntary separation, voluntary separation, or participation in the Post-Vietnam Era Veterans' Educational Assistance Program.
	21.7046	Eligibility for supplemental educational assistance.
	21.7050	Ending dates of eligibility.
	21.7051	Extended period of eligibility.
	21.7070	Entitlement.
	21.7072	Entitlement to basic educational assistance.
	21.7073	Entitlement for some individuals who establish eligibility during the open period or who establish eligibility before involuntary separation.
	21.7074	Entitlement to supplemental educational assistance.
	21.7075	Entitlement to tuition assistance top-up.
	21.7076	Entitlement charges.
	21.7080	Transfer of entitlement.
	21.7100	Counseling.
	21.7103	Travel expenses.
	21.7110	Selection of a program of education.
	21.7112	Programs of education combining two or more types of courses.
	21.7114	Change of program.
	21.7120	Courses included in programs of education.
	21.7122	Courses precluded.
	21.7124	Overcharges.
	21.7130	Educational assistance.
	21.7131	Commencing dates.
	21.7133	Suspension or discontinuance of payments.
	21.7135	Discontinuance dates.
	21.7136	Rates of payment of basic educational assistance.
	21.7137	Rates of payment of basic educational assistance for individuals with remaining entitlement under 38 U.S.C. chapter 34.
	21.7138	Rates of supplemental educational assistance.
	21.7139	Conditions which result in reduced rates or no payment.
	21.7140	Certifications and release of payments.
	21.7141	Tutorial assistance.
	21.7142	Accelerated payments, payment of tuition assistance top-up, and licensing or certification test reimbursement.
	21.7143	Nonduplication of educational assistance.
	21.7144	Overpayments.
	21.7150	Pursuit.
	21.7151	Advance payment and accelerated payment certifications.
	21.7152	Certification of enrollment.
	21.7153	Progress and conduct.
	21.7154	Pursuit and absences.
	21.7156	Other required reports.
	21.7158	False, late, or missing reports.
	21.7159	Reporting fee.
	21.7170	Course measurement.
	21.7172	Measurement of concurrent enrollments.
	21.7200	State approving agencies.
	21.7220	Course approval.
	21.7222	Courses and enrollments which may not be approved.
	21.7280	Death benefit.
	21.7301	Delegations of authority.
	21.7302	Finality of decisions.
	21.7303	Revision of decisions.
	21.7305	Conflicting interests.
	21.7307	Examination of records.
	21.7310	Civil rights.
	21.7320	Procedural protection; reduction following loss of dependent.
	21.7500	Establishment and purpose of educational assistance program.
	21.7520	Definitions.
	21.7530	Applications, claims, and time limits.
	21.7540	Eligibility for educational assistance.
	21.7550	Ending dates of eligibility.
	21.7551	Extended period of eligibility.
	21.7570	Entitlement.
	21.7576	Entitlement charges.
	21.7600	Counseling.
	21.7603	Travel expenses.
	21.7610	Selection of a program of education.
	21.7612	Programs of education combining two or more types of courses.
	21.7614	Changes of program.
	21.7620	Courses included in programs of education.
	21.7622	Courses precluded.
	21.7624	Overcharges and restrictions on enrollments.
	21.7630	Educational assistance.
	21.7631	Commencing dates.
	21.7633	Suspension or discontinuance of payments.
	21.7635	Discontinuance dates.
	21.7636	Rates of payment.
	21.7639	Conditions which result in reduced rates or no payment.
	21.7640	Release of payments.
	21.7642	Nonduplication of educational assistance.
	21.7644	Overpayments.
	21.7650	Pursuit.
	21.7652	Certification of enrollment and verification of pursuit.
	21.7653	Progress, conduct, and attendance.
	21.7654	Pursuit and absences.
	21.7656	Other required reports.
	21.7658	False, late, or missing reports.
	21.7659	Reporting fee.
	21.7670	Measurement of courses leading to a standard, undergraduate college degree.
	21.7672	Measurement of courses not leading to a standard college degree.
	21.7673	Measurement of concurrent enrollments.
	21.7674	Measurement of practical training courses.
	21.7700	State approving agencies.
	21.7720	Course approval.
	21.7722	Courses and enrollments which may not be approved.
	21.7801	Delegation of authority.
	21.7802	Finality of decisions.
	21.7803	Revision of decisions.
	21.7805	Conflicting interests.
	21.7807	Examination of records.
	21.8010	Definitions and abbreviations.
	21.8012	Vocational training program for certain children of Vietnam veterans--spina bifida and covered birth defects.
	21.8014	Application.
	21.8016	Nonduplication of benefits.
	21.8020	Entitlement to vocational training and employment assistance.
	21.8022	Entry and reentry.
	21.8030	Requirement for evaluation of child.
	21.8032	Evaluations.
	21.8050	Scope of training, services, and assistance.
	21.8070	Basic duration of a vocational training program.
	21.8072	Authorizing training, services, and assistance beyond the initial individualized written plan of vocational rehabilitation.
	21.8074	Computing the period for vocational training program participation.
	21.8080	Requirement for an individualized written plan of vocational rehabilitation.
	21.8082	Inability of child to complete individualized written plan of vocational rehabilitation or achieve vocational goal.
	21.8100	Counseling.
	21.8120	Vocational training, services, and assistance.
	21.8140	Evaluation and improvement of vocational potential.
	21.8210	Supplies.
	21.8260	Training, services, and assistance costs.
	21.8280	Effective date of induction into a vocational training program.
	21.8282	Termination of a vocational training program.
	21.8284	Additional vocational training.
	21.8286	Training resources.
	21.8310	Rate of pursuit.
	21.8320	Authorization of services.
	21.8340	Leaves of absence.
	21.8360	Satisfactory conduct and cooperation.
	21.8370	Authorization of transportation services.
	21.8380	Additional applicable regulations.
	21.8410	Delegation of authority.