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Code of Federal Regulations (Last Updated: July 5, 2024) |
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Title 38 - Pensions, Bonuses, and Veterans' Relief |
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Chapter I - Department of Veterans Affairs |
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Part 21 - Vocational Rehabilitation and Education |
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Subpart A - Vocational Rehabilitation and Employment Under 38 U.S.C. Chapter 31 |
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Initial and Extended Evaluation |
§ 21.58 - Redetermination of employment handicap and serious employment handicap.
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§ 21.58 Redetermination of employment handicap and serious employment handicap.
(a) Prior to induction into a program. A determination as to employment handicap, serious employment handicap, or eligibility for a program of employment services will not be changed except for:
(1) Unmistakable error in fact or law; or
(2) New and material evidence which justifies a change.
(b) After induction into a program.
(1) The Department of Veterans Affairs will not redetermine a finding of employment handicap, serious employment handicap, or eligibility for a program of employment services subsequent to the veteran's induction into a program because of a reduction in his or her disability rating, including a reduction to 0 percent:
(2) The Department of Veterans Affairs may consider whether a finding of employment handicap should be changed to serious employment handicap when there is an increase in the degree of service-connected disability, or other significant change in the veteran's situation;
(3) A redetermination of employment handicap, serious employment handicap, or eligibility for a program of employment services will be made when there is a clear and unmistakable error of fact or law.
(c) Following rehabilitation or discontinuance. A veteran's eligibility and entitlement to assistance must be redetermined in any case in which:
(1) The veteran is determined to be rehabilitated to the point of employability under the provisions of § 21.190;
(2) The veteran is determined to meet the requirements for rehabilitation under the provisions of § 21.196; or
(3) The veteran's program is discontinued under the provisions of § 21.198, except as described in § 21.198(c)(3).