Title 38, Part 21 — Veteran Readiness and Employment and Education

Training and rehabilitation for veterans with service-connected disabilities.

Election of benefits under education programs administered by the Department of Veterans Affairs.

Nonduplication—Federal programs.

Claims.

Informal claim.

Notification by VA of necessary information or evidence when a claim is filed; time for claimant response and VA action.

VA has a duty to assist claimants in obtaining evidence.

Definitions.

Basic entitlement to vocational rehabilitation benefits and services.

Basic period of eligibility.

Deferral or extension of the basic period of eligibility.

Extension of the basic period of eligibility for a veteran with a serious employment handicap.

Extending the period of eligibility for a program of independent living beyond basic period of eligibility.

Veteran ordered to active duty; extension of basic period of eligibility.

Eligibility for employment assistance.

Severance of service-connection—reduction to noncompensable degree.

Initial evaluation.

Determining employment handicap.

Determining serious employment handicap.

Reasonable feasibility of achieving a vocational goal.

Extended evaluation.

Redetermination of employment handicap and serious employment handicap.

Vocational Rehabilitation Panel.

Duties of the Vocational Rehabilitation Panel.

Vocational rehabilitation.

Rehabilitation to the point of employability.

Duration of employment assistance programs.

Extended evaluation.

Independent living.

Approving more than 48 months of rehabilitation.

Determining entitlement usage under Chapter 31.

Requirement for a rehabilitation plan.

Completing the plan under Chapter 31.

Individualized written rehabilitation plan.

Individualized extended evaluation plan.

Individualized employment assistance plan.

Individualized independent living plan.

Preparation of the plan.

Changing the plan.

Review of the plan.

Counseling.

Educational and vocational training services.

School course.

On-job course.

Combination course.

Farm cooperative course.

Independent study course.

Home study course.

Educational and vocational courses outside the United States.

Repetition of the course.

Limitation on flight training.

Evaluation and improvement of rehabilitation potential.

Adult basic education.

Vocational course in a sheltered workshop or rehabilitation facility.

Independent instructor course.

Tutorial assistance.

Reader service.

Interpreter service for the hearing impaired.

Special transportation assistance.

Services to a veteran's family.

Other incidental goods and services.

Independent living services.

Participation in a program of independent living services.

Case status system.

“Applicant” status.

“Evaluation and planning” status.

“Ineligible” status.

“Extended evaluation” status.

“Rehabilitation to the point of employability” status.

“Independent living program” status.

“Employment services” status.

“Rehabilitated” status.

“Interrupted” status.

“Discontinued” status.

Supplies.

General policy in furnishing supplies during periods of rehabilitation.

Furnishing supplies for special programs.

Special equipment.

Methods of furnishing supplies.

Supplies consisting of clothing, magazines and periodicals, and items which may be personally used by the veteran.

Replacement of supplies.

Prevention of abuse.

Medical treatment, care and services.

Resources for provision of treatment, care and services.

Overview of employment services.

Job development and placement services.

Supportive services.

Incentives for employers.

Self-employment.

Cost limitations on approval of self-employment plans.

Subsistence allowance.

Procurement and reimbursement of cost for training and rehabilitation services, supplies, or facilities.

Election of payment at the 38 U.S.C. chapter 30 educational assistance rate or election of payment of Post-9/11 subsistence allowance.

Payment of subsistence allowance under special conditions.

Employment adjustment allowance.

Payment of subsistence allowance during leave and other periods.

Veteran-student services.

Revolving fund loan.

Incarcerated veterans.

Effective date of induction into a rehabilitation program; retroactive induction.

Rehabilitated.

Reentrance into a rehabilitation program.

Training and rehabilitation resources.

Course approvals.

Selecting the training or rehabilitation facility.

Selecting a training establishment for on-job training.

Selecting a farm.

Use of Government facilities for on-job training or work experience at no or nominal pay.

Rate of pursuit of a rehabilitation program.

Reduced work tolerance.

Pursuit of training under special conditions.

Awards for subsistence allowance and authorization of rehabilitation services.

Commencing dates of subsistence allowance.

Reduction or termination dates of subsistence allowance.

Authorization of employment services.

Two veteran cases—dependents.

[Reserved]

Payments of subsistence allowance.

Election of payment at the Chapter 30 rate.

Introduction.

Leave accounting policy.

Facility offering training or rehabilitation services.

Facility temporarily not offering training or rehabilitation services.

Leave following completion of a period of training or rehabilitation services.

Unauthorized absences.

Satisfactory conduct and cooperation.

Unsatisfactory conduct and cooperation.

Intraregional travel at government expense.

Interregional transfer at government expense.

Authorization for travel of attendants.

Travel expenses for initial evaluation and counseling.

Establishment of qualifications for personnel providing assistance under Chapter 31.

Training and staff development for personnel providing assistance under Chapter 31.

Rehabilitation research and special projects.

Veterans' Advisory Committee on Rehabilitation.

Responsibilities of the Veterans' Advisory Committee on Rehabilitation.

Delegation of authority.

Finality of decisions.

Revision of decision.

Review of decisions.

Informing the veteran.

Reduction in subsistence allowance following the loss of a dependent.

Accountability for authorization and payment of training and rehabilitation services.

Purpose and scope.

Definitions.

VEPFS grants—general.

Permissible uses of VEPFS grant funds.

Notice of funding availability.

Application.

Scoring and selection.

VEPFS grant agreement.

Recipient reporting requirements.

Recovery of funds.

Definitions.

Claims.

VA responsibilities when a claim is filed.

VA has a duty to assist claimants in obtaining evidence.

Time limits.

Review of decisions.

Legacy review of benefit claims decisions.

Delegation of authority.

Administration of Survivors' and Dependents' Educational Assistance Program.

Educational assistance.

Definitions.

Nonduplication—programs administered by VA.

Nonduplication; pension, compensation, and dependency and indemnity compensation.

Nonduplication; Federal Employees' Compensation Act.

Nonduplication; Federal programs.

Claims.

Eligibility; child.

Periods of eligibility; child.

Service with Armed Forces.

Suspension of program; child.

Entitlement.

Entitlement charges.

Periods of eligibility; spouses and surviving spouses.

Extended period of eligibility due to physical or mental disability.

Counseling.

Required counseling.

Failure to cooperate.

Special training.

Travel expenses.

Educational assistance.

Rates of payment.

Reductions in survivors' and dependents' educational assistance.

Payment procedures.

Reduction or discontinuance dates for awards of educational assistance allowance.

Special restorative training.

Need.

Special restorative training agreements and reports.

Extent of training.

Assistance during training.

“Interrupted” status.

Reentrance after interruption.

“Discontinued” status.

Payments.

Commencing date.

Discontinuance dates.

Rates.

Special assistance for the educationally disadvantaged.

Delegations of authority.

Finality of decisions.

Revision of decisions.

Conflicting interests.

False or misleading statements.

Forfeiture.

Prevention of overpayments.

Waiver or recovery of overpayments.

Two or more programs.

Nonduplication—programs administered by VA.

Commencing dates.

Discontinuance dates.

Withdrawals or nonpunitive grades may result in nonpayment.

Certifications and release of payments.

Work-study allowance.

Assignments of benefits prohibited.

Designation.

Cooperation.

Control by agencies of the United States.

Reimbursement of expenses.

Report of activities.

Evaluations of State approving agency performance.

Definitions.

Restrictions on enrollment; percentage of students receiving financial support.

Overcharges; restrictions on enrollments.

Reports—requirements.

Periodic certifications.

Reporting fee.

Examination of records.

Suspension and discontinuance of educational assistance payments, and of enrollments or reenrollments for pursuit of approved courses.

Composition, jurisdiction, and duties of Committee on Educational Allowances.

Referral to Committee on Educational Allowances.

Notice of hearing by Committee on Educational Allowances.

Hearing rules and procedures for Committee on Educational Allowances.

Decision of Director of VA Regional Processing Office of jurisdiction.

Review of decision of Director of VA Regional Processing Office of jurisdiction.

Specialized vocational training—38 U.S.C. Chapter 35.

Combination.

Change of program.

Programs of education that include flight training.

Tutorial assistance.

Course and licensing and certification test approval; jurisdiction and notices.

Minimum period of operation requirement for educational institutions.

Courses precluded; erroneous, deceptive, or misleading practices.

Accredited courses.

Nonaccredited courses.

Refund policy; nonaccredited courses.

Correspondence programs and courses.

Cooperative courses.

Notice of approval.

Suspension or disapproval.

Courses in foreign countries.

Apprentice courses.

Other training on-the-job courses.

Approval of flight training courses.

Farm cooperative courses.

Practical training approved as institutional training or on-job training.

Approval of courses at a branch campus or extension.

Approval of independent study.

Approval of licensing and certification tests.

Bar to approval.

Measurement of courses.

[Reserved]

Collegiate course measurement.

Collegiate graduate.

Law courses.

Practical training courses; measurement.

Discontinuance: unsatisfactory progress, conduct and attendance.

Reentrance after discontinuance.

Combination correspondence-residence program.

[Reserved]

Definitions.

Eligibility.

Applications.

Determination of loan amount.

Promissory note.

Check delivery.

Advertising.

Administration of benefits: 38 U.S.C. Chapter 32.

Post-Vietnam era veterans' educational assistance.

Definitions.

Eligibility under more than one program.

Nonduplication; Federal programs.

Applications, claims, and time limits.

Basic eligibility.

Periods of entitlement.

Extended period of eligibility.

Application requirements for participation.

Contribution requirements.

Restoration of contributions (Persian Gulf War).

Dates of participation.

Resumption of participation.

Disenrollment.

Date of disenrollment.

Refund upon disenrollment.

Refunds without disenrollment.

Suspension of participation.

Death of participant.

Entitlement.

Months of entitlement allowed.

Entitlement charge.

Entitlement charge—overpayment cases.

Interruption to conserve entitlement.

Counseling.

Travel expenses.

Payments; educational assistance allowance.

Educational assistance allowance.

Criteria used in determining benefit payments.

Certifications and release of payments.

Restrictions on paying benefits to servicepersons.

Advance payments.

Benefit payments—secondary school program.

Benefit payments and charges against entitlement for taking an approved licensing or certification test.

Computation of benefit payments and monthly rates.

Computation of benefit payments for incarcerated individuals.

Tutorial assistance.

State approving agencies.

Schools.

Programs of education.

Combination.

Change of program.

Courses.

Assessment and pursuit of course.

Educational Assistance Pilot Program.

Reduced monthly contribution for certain individuals.

Transfer of entitlement.

Extended period of eligibility.

Establishment of educational assistance test program.

Overview.

Transfer of authority.

Definitions.

Obtaining benefits.

Applications, claims, and time limits.

Eligibility.

Eligibility under more than one program.

Entitlement.

Transfer of entitlement.

Charges against entitlement.

Period of entitlement.

Courses.

Certifications of enrollment.

Reports of withdrawals and terminations of attendance and changes in training time.

False or fraudulent claims.

Educational assistance.

Subsistence allowance.

Nonduplication: Federal programs.

False or misleading statements.

Payment of educational assistance.

Commencing date of subsistence allowance.

Discontinuance dates: General.

Specific discontinuance dates.

Overpayments.

Measurement of courses.

Administration of benefits program—chapter 107, title 10 U.S.C.

Delegations of authority.

Temporary vocational training program for certain pension recipients.

Definitions.

Applicability of rules and administrative procedures under 38 U.S.C., Chapter 31.

Claims and elections.

Nonduplication—38 U.S.C., chapters 30, 31, 32, 34 and 35.

Eligibility for vocational training and employment assistance.

Entry, reentry and completion.

Participation of eligible veterans in an evaluation.

Evaluations.

Criteria for determining good employment potential.

Cooperation of the veteran in an evaluation.

Consequences of evaluation.

Limitations on the number of evaluations.

Services and assistance.

Basic duration of a vocational training program.

Extending the duration of a vocational training program.

Computing the period of vocational training program participation.

Requirement for an individualized written rehabilitation or employment assistance plan.

Completing the plan.

Counseling.

Educational and vocational training services.

Evaluation and improvement of rehabilitation potential.

Independent living services.

Case status system.

Supplies.

Medical treatment, care and services.

Resources for provision of medical treatment, care and services.

Financial assistance.

Effective dates of induction into and termination of vocational training.

Reentrance into a training program.

Training resources

Rate of pursuit.

Authorization of services under Chapter 31 rules.

Leaves of absence.

Satisfactory conduct and cooperation.

Authorization of transportation services.

Additional applicable Chapter 31 regulations.

Delegation of authority.

Coordination with the Veterans Service Center.

Overview.

Definitions.

Participation in the temporary program.

Special benefits for qualified veterans under test program.

Notice to qualified veterans.

§§ 21.6511-21.6513 [Reserved]

Formulation of rehabilitation plan.

[Reserved]

Eligibility of qualified veterans for employment and counseling services.

Employment of qualified veterans.

Entry and reentry into a program of counseling and employment services under 38 U.S.C. 3104(a) (2) and (5).

[Reserved]

Establishment of educational assistance program.

Definitions.

Applications, claims, and time limits.

Time limits for making elections.

Categories of basic eligibility.

Basic eligibility requirements.

Persons with eligibility under 38 U.S.C. chapter 34.

Eligibility based on involuntary separation, voluntary separation, or participation in the Post-Vietnam Era Veterans' Educational Assistance Program.

Eligibility for supplemental educational assistance.

Ending dates of eligibility.

Extended period of eligibility.

Entitlement.

Entitlement to basic educational assistance.

Entitlement for some individuals who establish eligibility during the open period or who establish eligibility before involuntary separation.

Entitlement to supplemental educational assistance.

Entitlement to tuition assistance top-up.

Entitlement charges.

Transfer of entitlement.

Counseling.

Travel expenses.

Selection of a program of education.

Programs of education combining two or more types of courses.

Change of program.

Courses included in programs of education.

Courses precluded.

Overcharges.

Educational assistance.

Commencing dates.

Suspension or discontinuance of payments.

Discontinuance dates.

Rates of payment of basic educational assistance.

Rates of payment of basic educational assistance for individuals with remaining entitlement under 38 U.S.C. chapter 34.

Rates of supplemental educational assistance.

Conditions which result in reduced rates or no payment.

Certifications and release of payments.

Tutorial assistance.

Accelerated payments, payment of tuition assistance top-up, and licensing or certification test reimbursement.

Nonduplication of educational assistance.

Overpayments.

Pursuit.

Advance payment and accelerated payment certifications.

Certification of enrollment.

Progress and conduct.

Pursuit and absences.

Other required reports.

False, late, or missing reports.

Reporting fee.

Course measurement.

Measurement of concurrent enrollments.

State approving agencies.

Course approval.

Courses and enrollments which may not be approved.

Death benefit.

Delegations of authority.

Finality of decisions.

Revision of decisions.

Conflicting interests.

Examination of records.

Civil rights.

Procedural protection; reduction following loss of dependent.

Establishment and purpose of educational assistance program.

Definitions.

Applications, claims, and time limits.

Eligibility for educational assistance.

Ending dates of eligibility.

Extended period of eligibility.

Entitlement.

Entitlement charges.

Counseling.

Travel expenses.

Selection of a program of education.

Programs of education combining two or more types of courses.

Changes of program.

Courses included in programs of education.

Courses precluded.

Overcharges and restrictions on enrollments.

Educational assistance.

Commencing dates.

Suspension or discontinuance of payments.

Discontinuance dates.

Rates of payment.

Conditions which result in reduced rates or no payment.

Release of payments.

Nonduplication of educational assistance.

Overpayments.

Pursuit.

Certification of enrollment and verification of pursuit.

Progress, conduct, and attendance.

Pursuit and absences.

Other required reports.

False, late, or missing reports.

Reporting fee.

Measurement of courses leading to a standard, undergraduate college degree.

Measurement of courses not leading to a standard college degree.

Measurement of concurrent enrollments.

Measurement of practical training courses.

State approving agencies.

Course approval.

Courses and enrollments which may not be approved.

Delegation of authority.

Finality of decisions.

Revision of decisions.

Conflicting interests.

Examination of records.

Definitions and abbreviations.

Vocational training program for certain children of Vietnam veterans and veterans with covered service in Korea—spina bifida and covered birth defects.

Application.

Notification by VA of necessary information or evidence when a claim is filed; time for claimant response and VA action; and VA's duty to assist claimants in obtaining evidence.

Nonduplication of benefits.

Entitlement to vocational training and employment assistance.

Entry and reentry.

Requirement for evaluation of child.

Evaluations.

Scope of training, services, and assistance.

Basic duration of a vocational training program.

Authorizing training, services, and assistance beyond the initial individualized written plan of vocational rehabilitation.

Computing the period for vocational training program participation.

Requirement for an individualized written plan of vocational rehabilitation.

Inability of child to complete individualized written plan of vocational rehabilitation or achieve vocational goal.

Counseling.

Vocational training, services, and assistance.

Evaluation and improvement of vocational potential.

Supplies.

Training, services, and assistance costs.

Effective date of induction into a vocational training program.

Termination of a vocational training program.

Additional vocational training.

Training resources.

Rate of pursuit.

Authorization of services.

Leaves of absence.

Satisfactory conduct and cooperation.

Authorization of transportation services.

Additional applicable regulations.

Delegation of authority.

Introduction.

Definitions—for provisions effective before August 1, 2011.

Definitions—for provisions effective after July 31, 2011.

Claims, VA's duty to assist, and time limits.

Basic eligibility.

Eligibility for increased and supplemental educational assistance.

Eligibility time limit.

Extended period of eligibility.

Entitlement.

Entitlement to supplemental educational assistance.

Entitlement charges—for provisions effective before August 1, 2011.

Entitlement charges—for provisions effective after July 31, 2011.

Transfer of entitlement—for provisions effective before August 1, 2011.

Transfer of Entitlement—for provisions effective after July 31, 2011.

Counseling.

Travel expenses.

Approved programs of education and courses—for provisions effective before August 1, 2011.

Approved programs of education and courses—for provisions effective after July 31, 2011.

Overcharges—for provisions effective before August 1, 2011.

Overcharges—for provisions effective after July 31, 2011.

Educational assistance.

Beginning dates—for provisions effective before August 1, 2011.

Beginning dates—for provisions effective after July 31, 2011.

Suspension or discontinuance of payments.

Discontinuance dates—for provisions effective before August 1, 2011.

Discontinuance dates—for provisions effective after July 31, 2011.

Rates of payment of educational assistance—for provisions effective before August 1, 2011.

Rates of payment of educational assistance—for provisions effective after July 31, 2011.

Refund of basic contribution to chapter 30.

Increase in educational assistance.

Rates of supplemental educational assistance.

Rural relocation benefit.

Reimbursement for licensing or certification tests—for provisions effective before August 1, 2011.

Reimbursement for licensing or certification tests—for provisions effective after July 31, 2011.

Reimbursement for national tests.

Work-study allowance.

Conditions that result in reduced rates or no payment—for provisions effective before August 1, 2011.

Conditions that result in reduced rates or no payment—for provisions effective after July 31, 2011.

Certifications and release of payments—for provisions effective before August 1, 2011.

Certifications and release of payments—for provisions effective after July 31, 2011.

Tutorial Assistance.

Nonduplication of educational assistance—for provisions effective before August 1, 2011.

Nonduplication of educational assistance—for provisions effective after July 31, 2011.

Overpayments.

Yellow Ribbon Program.

Pursuit.

Advance payment certification.

Certification of enrollment—for provisions effective before August 1, 2011.

Certification of enrollment—for provisions effective after July 31, 2011.

Progress and conduct.

Other required reports.

False, late, or missing reports.

Reporting fee.

Course measurement.

Program of education approval.

Administrative.