[Federal Register Volume 62, Number 189 (Tuesday, September 30, 1997)]
[Rules and Regulations]
[Pages 51286-51296]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-25662]
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 21
RIN 2900-AI72
Provision of Vocational Training and Rehabilitation to Vietnam
Veterans' Children With Spina Bifida
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
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SUMMARY: This document establishes Department of Veterans Affairs (VA)
regulations for providing vocational training and rehabilitation to
Vietnam veterans' children with spina bifida. This is necessary for
providing vocational training and rehabilitation to these children
under recently enacted legislation that authorizes this benefit.
EFFECTIVE DATE: October 1, 1997.
FOR FURTHER INFORMATION CONTACT: Charles A. Graffam, Veterans Claims
Examiner, Vocational Rehabilitation and Counseling Service (28),
Department of Veterans Affairs, 810 Vermont Ave., NW, Washington, DC
20420; (202) 273-7410.
SUPPLEMENTARY INFORMATION: In a document published in the Federal
Register on July 1, 1997 (62 FR 35454), we proposed to amend the
Vocational Rehabilitation and Education regulations (38 U.S.C. part 21)
to add a new subpart M regarding the provision of vocational training,
services, and assistance to Vietnam veterans' children with spina
bifida. Spina bifida is a congenital birth defect, characterized by
defective closure of the bones surrounding the spinal cord. The spinal
cord and its covering (the meninges) may protrude through the defect.
The provisions of 38 U.S.C. chapter 18 (Public Law 104-204,
sections 421 and 422, September 26, 1996) provide for three separate
types of benefits for Vietnam veterans' children who suffer from spina
bifida: (1) Monthly monetary allowances, (2) provision of health care
needed for the spina bifida or any disability that is associated with
such condition, and (3) provision of vocational training and
rehabilitation.
This document establishes a final rule to set forth a mechanism
regarding provision of vocational training and rehabilitation to
Vietnam veterans' children with spina bifida.
We requested that comments on the proposed rule be submitted on or
before September 2, 1997. We received five comments. VA appreciates the
comments submitted in response to the proposed rule. Based on the
rationale set forth in the proposed rule and this document, the
provisions of the proposed rule are adopted with the changes discussed
below.
Comments regarding issues concerning monthly monetary allowances
for Vietnam veterans' children who suffer from spina bifida and
provision of health care for such children are addressed in separate
final rules that specifically concern these issues.
Commenters recommended that we reimburse children for vocational
training received prior to October 1, 1997; pay for the purchase and
ongoing expenses of owning and operating a vehicle; provide automobile
adaptive equipment; provide for specially adapted housing; pay a
subsistence allowance to individuals receiving vocational training;
allow concurrent receipt of benefits under 38 U.S.C. chapter 35 and the
vocational training program; provide comprehensive medical and dental
care for conditions unrelated to spina bifida; provide a work-study
program; and provide vocational training for children of certain
individuals who do not meet the statutory definition of the term
``veteran.'' No changes are made based on these comments since VA has
no legal authority to do so.
Commenters asserted that benefits should be provided to
grandchildren and other direct descendants of Vietnam veterans. No
changes are made based on these comments. Under the provisions of 38
U.S.C. 1801, benefits are limited to natural children of a Vietnam
veteran. In our view, this includes only the immediate offspring of a
Vietnam veteran and does not include grandchildren or other
descendants.
One commenter asserted that all Vietnam veterans' children
suffering from spina bifida should receive vocational training and that
there should be a gradation of vocational training benefits based on
disability so that the most in need would receive the maximum benefit.
No changes are made based on this comment. The vocational training
regulations are designed to provide for training based on the
[[Page 51287]]
individual capabilities of those who suffer from spina bifida. Thus,
each child will receive only those services needed and the level of
services will accord with the needs of the individual child. Even so,
not all Vietnam veterans' children who suffer from spina bifida will be
eligible for vocational training. The statutory authority limits
vocational training to children for whom VA has found that achievement
of a vocational goal is reasonably feasible.
The provisions of proposed Sec. 21.8050 stated that VA may provide
to vocational training program participants vocationally oriented
independent living services, but only to the extent that the services
are indispensable to the achievement of the vocational goal and do not
constitute a significant portion of the services to be provided.
Commenters asserted that VA should provide a full range of independent
living services for children seeking vocational training. In this
regard, one commenter asserted that the terms ``indispensable'' and
``significant portion'' are not sufficiently precise and would not
allow for adequate independent living services. More specifically the
commenter asserted that the regulation should allow independent living
services as long as they do not constitute a majority of the vocational
rehabilitation services provided.
No changes are made based on these comments. We believe that the
current language should be retained. Under the provisions of 38 U.S.C.
1804(c)(1)(A), a child's program is to consist of vocationally oriented
services and training. Thus, the focus of a child's program must be on
vocational training. Taking extensive time for independent living
services would hamper the ability to achieve a vocational goal.
Further, it is unlikely that a child who requires a significant amount
of independent living services would meet the criteria for entrance
into a vocational training program; i.e., it must be reasonably
feasible for the child to achieve a vocational goal.
Two commenters questioned whether the vocational training could
include professional training. Under the provisions of 38 U.S.C. 1804,
the training may include a program of education at an institution of
higher education if the program of education is predominantly
vocational in content and the vocational goal can be achieved within 24
months.
Commenters asserted that the final rule should allow for further
training after the initial training. Proposed Sec. 21.8072(b) already
provided for additional training. It provided that a child who has
previously achieved a vocational goal in a vocational training program
may not receive additional training unless a counseling psychologist or
a vocational rehabilitation counselor sets aside the child's
achievement of that vocational goal based on a finding under
Sec. 21.8284(a) that ``the child's disability has worsened to the
extent that he or she can no longer perform the duties of the
occupation which was the child's vocational goal'' or under
Sec. 21.8284(b) that ``[t]he occupation that was the child's vocational
goal * * * is now unsuitable.''
A commenter asserted that additional training should be allowed for
the other reasons stated in Sec. 21.8284(c) through (e); i.e.:
``(c) The vocational training program services and assistance the
child originally received are now inadequate to make the child
employable in the occupation which he or she sought to achieve;
``(d) Experience has demonstrated that VA should not reasonably
have expected employment in the objective or field for which the child
received vocational training program services and assistance; or
``(e) Technological change that occurred after the child achieved a
vocational goal under this subpart now prevents the child from:
``(1) Performing the duties of the occupation for which VA provided
training, services, or assistance, or in a related occupation; or
``(2) Securing employment in the occupation for which VA provided
training, services, or assistance, or in a related occupation.''
We agree that the provisions of paragraphs (c) through (e) in
Sec. 21.8284 set forth appropriate bases for allowing additional
vocational training. The final rule in Sec. 21.8072 is changed
accordingly.
Proposed Sec. 21.8370 provided for VA to reimburse certain children
for the actual cost of transportation necessary for the child to pursue
a vocational training program (and for a limited period thereafter),
not to exceed $70 per month. Three commenters asserted that the maximum
amount should be increased. Two of them suggested an amount, $200 per
month. We agree that that the maximum amount should be increased to
$200 per month and a corresponding change is made to the final rule.
This amount would more closely compare to maximum amounts paid veterans
for costs of transportation under the vocational rehabilitation program
authorized under 38 U.S.C. chapter 31.
The provisions of Sec. 21.8080 state that a counseling psychologist
or vocational rehabilitation counselor will work in consultation with
each eligible child to develop an individualized written plan of
services and assistance to meet the child's vocational training needs.
One commenter asserted that this would limit the child's freedom of
choice for training opportunities. No changes are made based on this
comment. Under the provisions of the regulations, the child will be an
active participant in the decisionmaking. However, the determination of
the counseling psychologist or vocational rehabilitation counselor is
essential to ensure that the vocational training is reasonable and
appropriate for the child's condition.
One comment asserted that the final rule should require VA to
utilize vocational rehabilitation specialists, vocational
rehabilitation counselors, and counseling psychologists who have
substantial experience in serving persons with developmental
disabilities. The comment further asserted that the final rule should
state that VA will contract for such services if they are unavailable
within VA. No changes are made based on this comment. VA is committed
to providing competent and comprehensive services. The regulations
provide for certain determinations to be made by counseling
psychologists, vocation rehabilitation counselors, or vocational
rehabilitation specialists. When VA determines that it is necessary to
contract for services of individuals to gain additional expertise in
developmental disabilities, VA intends to exercise its authority to do
so. However, there is no need to address these internal issues in the
regulations.
One commenter stated that insofar as authorized by the child, the
evaluation for vocational training should include all pertinent records
that have been developed outside VA; e.g., school transcripts,
counseling records, personal assessments. No changes are made based on
this comment. VA uses all available resources in evaluating claimants,
including non-VA records authorized by affected individuals.
Commenters asserted that the vocational training regulations should
specifically set forth the appeal rights for adverse decisions.
Commenters further asserted that the appeal rights should be the same
as for other VA claimants. No changes are made based on these comments.
The provisions of Sec. 21.8380 make applicable the informal appeal
rights of Sec. 21.420. Also, Secs. 21.420(d) and 21.59 inform claimants
of additional appeal rights to the Board of Veterans' Appeals. These
appeal
[[Page 51288]]
rights are comparable to appeal rights in other VA programs.
One commenter objected to the establishment of regulations that
separately address: (1) Monthly monetary allowances, (2) provision of
health care needed for the spina bifida or any disability that is
associated with such condition, and (3) provision of vocational
training and rehabilitation. The commenter asserted that this approach
ignored ``internal coordination.'' No changes are made based on this
comment. The regulations are consistent with the provisions of 38
U.S.C. chapter 18 which specify three separate types of benefits for
Vietnam veterans' children who suffer from spina bifida.
For the sake of clarity, we have made some nonsubstantive editorial
changes to the proposed language.
Administrative Procedure Act
There is good cause for making this final rule effective without
regard to a 30-day delay. This final rule does not adversely affect
anyone and the affected children need the benefits from the rule as
soon as possible.
Paperwork Reduction Act
Information collection and recordkeeping requirements associated
with this final rule (38 CFR 21.8014, 21.8016, and 21.8370) have been
approved by the Office of Management and Budget (OMB) under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501-3520) and
have been assigned OMB control numbers 2900-0579, 2900-0581, and 2900-
0580; respectively.
Section 21.8014 will prescribe the information to be submitted for
an application for a Vietnam veteran's child suffering from spina
bifida to participate in a VA vocational training program. It will
establish a requirement that a child with spina bifida submit an
application for vocational training to be considered for this benefit.
VA needs to know sufficient identifying information about the applicant
and the applicant's natural parent who was a Vietnam veteran to be able
to relate the claim to other existing VA records. The information
collected allows the Vocational Rehabilitation and Counseling (VR&C)
Division to review the existing records and to set up an appointment
for an applicant to meet with a VR&C staff member to evaluate the
claim.
Section 21.8016 will require a written election, and permit a
written reelection, of which benefit a child with spina bifida wants to
receive if the child is eligible for training under both 38 U.S.C.
chapter 35 and Vocational Training Benefits for Vietnam Veterans'
Children for Spina Bifida. 38 U.S.C. 1804(e)(1) specifically bars the
concurrent receipt of benefits under these two programs. VA will use
the collected information to provide the benefit the child wants to
receive.
Section 21.8370 will permit a child receiving vocational training
to request VA reimbursement for certain transportation costs and will
require submission of supporting documentation to receive
reimbursement. VA must determine that the child would be unable to
pursue training or employment without this assistance. A child must
specifically request VA assistance with transportation expenses. This
allows VA to investigate the child's situation to establish that the
child would be unable to pursue training or employment without VA
travel assistance. To receive payment, the child must provide
supportive documentation of actual expenses incurred for the travel.
This prevents VA from making payment erroneously or for fraudulently
claimed travel.
OMB assigns a control number for each collection of information it
approves. VA may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The valid OMB control number
assigned to each collection of information in this final rule is
displayed at the end of the affected sections of the regulations.
Interested persons were invited to submit comments on the
collections of information. However, no comments were received.
Executive Order 12866
This final rule has been reviewed by OMB under Executive Order
12866.
Regulatory Flexibility Act
The Secretary of Veterans Affairs hereby certifies that this final
rule will not have a significant economic impact on a substantial
number of small entities as they are defined in the Regulatory
Flexibility Act, 5 U.S.C. 601-612. It is estimated that there are only
between 600-2,000 Vietnam veterans' children who suffer from spina
bifida. They are widely dispersed geographically, and the services
provided to them will not have a significant impact on any small
businesses. Moreover, the institutions capable of providing appropriate
services and vocational training to children with spina bifida
generally are large capitalization facilities. Therefore, pursuant to 5
U.S.C. 605(b), this final rule is exempt from the initial and final
regulatory flexibility analyses requirements of sections 603 and 604.
There is no Catalog of Federal Domestic Assistance program number
for this benefit.
List of Subjects in 38 CFR Part 21
Administrative practice and procedure, Armed forces, Civil rights,
Claims, Colleges and universities, Conflicts of interest, Defense
Department, Education, Employment, Government contracts, Grant
programs-education, Grant programs-veterans, Health care, Loan
programs-education, Loan programs-veterans, Manpower training programs,
Personnel training programs, Reporting and recordkeeping requirements,
Schools, Travel and transportation expenses, Veterans, Vocational
education, Vocational rehabilitation.
Approved: September 16, 1997.
Hershel W. Gober,
Acting Secretary of Veterans Affairs.
For the reasons set forth in the preamble, 38 CFR part 21 is
amended as set forth below:
PART 21--VOCATIONAL REHABILITATION AND EDUCATION
In part 21, subpart M is added to read as follows:
Subpart M--Vocational Training and Rehabilitation for Vietnam Veterans'
Children With Spina Bifida
Sec.
General
21.8010 Vocational training program for certain Vietnam veterans'
children with spina bifida.
21.8012 Definitions and abbreviations.
21.8014 Application.
21.8016 Nonduplication of benefits.
Basic Entitlement Requirements
21.8020 Entitlement to vocational training and employment
assistance.
21.8022 Entry and reentry.
Evaluation
21.8030 Requirement for evaluation of child.
21.8032 Evaluations.
Services and Assistance to Program Participants
21.8050 Scope of training, services, and assistance.
Duration of Training
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.
[[Page 51289]]
21.8074 Computing the period for vocational training program
participation.
Individualized Written Plan of Vocational Rehabilitation
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.
Counseling
21.8100 Counseling.
Vocational Training, Services, and Assistance
21.8120 Vocational training, services, and assistance.
Evaluation and Improvement of Vocational Potential
21.8140 Evaluation and improvement of vocational potential.
Supplies
21.8210 Supplies.
Program Costs
21.8260 Training, services, and assistance costs.
Vocational Training Program Entrance, Termination, and Resources
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.
Rate of Pursuit
21.8310 Rate of pursuit.
Authorization of Services
21.8320 Authorization of services.
Leaves of Absence
21.8340 Leaves of absence.
Satisfactory Conduct and Cooperation
21.8360 Satisfactory conduct and cooperation.
Transportation Services
21.8370 Authorization of transportation services.
Additional Applicable Regulations
21.8380 Additional applicable regulations.
Delegation of Authority
21.8410 Delegation of authority.
Subpart M--Vocational Training and Rehabilitation for Vietnam
Veterans' Children With Spina Bifida
Authority: 38 U.S.C. 101, 501, 512, 1151 note, 1801-1806, 5112,
unless otherwise noted.
General
Sec. 21.8010 Vocational training program for certain Vietnam veterans'
children with spina bifida.
VA will provide an evaluation to a Vietnam veteran's child who VA
has determined under Sec. 3.814 of this title suffers from spina
bifida. If this evaluation establishes that it is feasible for the
child to achieve a vocational goal, VA will provide the child with the
vocational training, employment assistance, and other related
rehabilitation services authorized by this subpart that VA finds the
child needs to enable the child to achieve a vocational goal, including
employment.
(Authority: 38 U.S.C. 1804)
Sec. 21.8012 Definitions and abbreviations.
(a) Program-specific definitions and abbreviations. For the
purposes of this subpart:
Child has the same meaning as Sec. 3.814(c) of this title provides.
Employment assistance means employment counseling, placement and
post-placement services, and personal and work adjustment training.
Institution of higher education has the same meaning that
Sec. 21.4200 provides for the term institution of higher learning.
Program of employment services means the services a child may
receive if the child's entire program consists only of employment
assistance.
Program participant means a child who, following an evaluation in
which VA finds the child's achievement of a vocational goal is
reasonably feasible, elects to participate in a vocational training
program under this subpart.
Spina bifida means any form and manifestation of spina bifida
except spina bifida occulta.
Vietnam veteran has the same meaning as Sec. 3.814(c) of this title
provides.
Vocational training program means the vocationally oriented
training services, and assistance, including placement and post-
placement services, and personal and work-adjustment training that VA
finds necessary to enable the child to prepare for and participate in
vocational training or employment. A vocational training program may
include a program of education offered by an institution of higher
education only if the program is predominantly vocational in content.
VR&C refers to the Vocational Rehabilitation and Counseling
activity (usually a division) in a Veterans Benefits Administration
regional office, the staff members of that activity in the regional
office or in outbased locations, and the services that activity
provides.
(Authority: 38 U.S.C. 101, 1801, 1802, 1804)
(b) Other terms and abbreviations. The following terms and
abbreviations have the same meaning or explanation that Sec. 21.35
provides:
(1) CP (Counseling psychologist);
(2) Program of education;
(3) Rehabilitation facility;
(4) School, educational institution, or institution;
(5) Training establishment;
(6) Vocational goal;
(7) VRC (Vocational rehabilitation counselor);
(8) VRS (Vocational rehabilitation specialist); and
(9) Workshop.
(Authority: 38 U.S.C. 1801, 1804)
Sec. 21.8014 Application.
(a) Filing an application. To participate in a vocational training
program, the child (or the child's parent or guardian, an authorized
representative, or a Member of Congress acting on behalf of the child)
must file an application. An application is a request for an evaluation
of the feasibility of the child's achievement of a vocational goal and,
if a CP or VRC determines that achievement of a vocational goal is
feasible, for participation in a vocational training program. The
application may be in any form, but it must:
(1) Be in writing over the signature of the applicant or the
individual applying on the child's behalf;
(2) Provide the child's full name, address, and VA claim number, if
any, and the Vietnam veteran's full name and Social Security number or
VA claim number, if any; and
(3) Clearly identify the benefit sought.
(Authority: 38 U.S.C. 1804(a)).
(b) Time for filing. An application under this subpart may be filed
at any time after September 30, 1997.
(Paperwork requirements were approved by the Office of Management
and Budget under control number 2900-0579.)
(Authority: 38 U.S.C. 1801, 1804)
Sec. 21.8016 Nonduplication of benefits.
(a) Election of benefits--chapter 35. A child may not receive
benefits concurrently under 38 U.S.C. chapter 35 and under this
subpart. If the child is eligible for both benefits, he or she must
elect in writing which benefit to receive.
(Authority: 38 U.S.C. 1804(e)(1))
(b) Reelections of benefits--chapter 35. A child receiving benefits
under this subpart or under 38 U.S.C. chapter 35
[[Page 51290]]
may change his or her election at any time. A reelection between
benefits under this subpart and under 38 U.S.C. chapter 35 must be
prospective, however, and may not result in a child receiving benefits
under both programs for the same period of training.
(Authority: 38 U.S.C. 1804(e)(1))
(c) Length of benefits under multiple programs--chapter 35. The
aggregate period for which a child may receive assistance under this
subpart and under 38 U.S.C. chapter 35 together may not exceed 48
months of full-time training or the part-time equivalent.
(Paperwork requirements were approved by the Office of Management
and Budget under control number 2900-0581.)
(Authority: 38 U.S.C. 1804(e)(2))
Basic Entitlement Requirements
Sec. 21.8020 Entitlement to vocational training and employment
assistance.
(a) Basic entitlement requirements. Under this subpart, for a child
to receive vocational training, employment assistance, and related
rehabilitation services and assistance to achieve a vocational goal (to
include employment), the following requirements must be met:
(1) A CP or VRC must determine that achievement of a vocational
goal by the child is reasonably feasible; and
(2) The child and VR&C staff members must work together to develop
and then agree to an individualized written plan of vocational
rehabilitation identifying the vocational goal and the means to achieve
this goal.
(Authority: 38 U.S.C. 1804(b))
(b) Services and assistance. A child found eligible and entitled to
be a vocational training program participant may receive the services
and assistance described in Sec. 21.8050(a). The following sections in
subpart A of this part apply to the provision of these services and
assistance in a manner comparable to their application for a veteran
under that subpart:
(1) Section 21.250(a) and (b)(2);
(2) Section 21.252;
(3) Section 21.254;
(4) Section 21.256 (not including paragraph (e)(2);
(5) Section 21.257; and
(6) Section 21.258.
(Authority: 38 U.S.C. 1804)
(c) Requirements to receive employment services and assistance. VA
will provide employment services and assistance under paragraph (b) of
this section only if the child:
(1) Has achieved a vocational objective;
(2) Has voluntarily ceased vocational training under this subpart,
but the case manager finds the child has attained sufficient skills to
be employable; or
(3) VA determines during evaluation that the child already has the
skills necessary for suitable employment and does not need additional
training, but to secure suitable employment the child does need the
employment assistance that paragraph (b) of this section describes.
(Authority: 38 U.S.C. 1804)
(d) Additional employment services and assistance. If a child has
received employment assistance and obtains a suitable job, but VA later
finds the child needs additional employment services and assistance, VA
may provide the child with these services and assistance if, and to the
extent, the child has remaining program entitlement.
(Authority: 38 U.S.C. 1804)
(e) Program entitlement usage--(1) Basic entitlement period. A
child will be entitled to receive 24 months of full-time training,
services, and assistance (including employment assistance) or the part-
time equivalent, as part of a vocational training program.
(2) Extension of basic entitlement period. The child may receive an
extension of the basic 24-month entitlement period, not to exceed
another 24 months of full-time program participation or the part-time
equivalent. VA may authorize an extension only if VA first determines
that:
(i) The extension is necessary for the child to achieve a
vocational goal identified before the end of the basic 24-month
entitlement period; and
(ii) The child can achieve the vocational goal within the extended
period.
(3) Principles for charging entitlement. VA will charge entitlement
usage for training, services, or assistance (but not the initial
evaluation, as described in Sec. 21.8032) on the same basis as VA would
charge entitlement usage for providing the same training, services, or
assistance to a veteran in a vocational rehabilitation program under 38
U.S.C. chapter 31. VA may charge entitlement at a half-time, three-
quarter-time, or full-time rate based upon the child's training time
using the rate of pursuit criteria in Sec. 21.8310. The provisions
concerning reduced work tolerance under Sec. 21.312 or less than half-
time training under Sec. 21.314 do not apply under this subpart.
(Authority: 38 U.S.C. 1804)
Sec. 21.8022 Entry and reentry.
(a) Dates of entry. VA may not evaluate a child for a vocational
training program before the later of the following dates:
(1) The date VA first receives an application for a vocational
training program for the child; or
(2) October 1, 1997.
(Authority: 38 U.S.C. 1151 note, 1804, 1806)
(b) Reentry. If a child interrupts or ends pursuit of a vocational
training program and VA subsequently allows the child to reenter the
program, the date of reentrance will accord with the facts, but may not
precede the date VA receives an application for the reentrance.
(Authority: 38 U.S.C. 1804)
Evaluation
Sec. 21.8030 Requirement for evaluation of child.
(a) Children to be evaluated. The VR&C Division will evaluate each
child who:
(1) Applies for a vocational training program; and
(2) Has been determined under Sec. 3.814 of this title to suffer
from spina bifida.
(Authority: 38 U.S.C. 1804(a))
(b) Purpose of evaluation. The evaluation has two purposes:
(1) To ascertain whether achievement of a vocational goal by the
child is reasonably feasible; and
(2) If a vocational goal is reasonably feasible, to develop an
individualized plan of integrated training, services, and assistance
that the child needs to prepare for and participate in vocational
training or employment.
(Authority: 38 U.S.C. 1804)
Sec. 21.8032 Evaluations.
(a) Scope and nature of evaluation. The scope and nature of the
evaluation under this program will be comparable to an evaluation of
the reasonable feasibility of achieving a vocational goal for a veteran
under 38 U.S.C. chapter 31 and Secs. 21.50(b)(5) and 21.53(b) and (d).
(Authority: 38 U.S.C. 1804(a))
(b) Specific services to determine the reasonable feasibility of
achieving a vocational goal. As a part of the evaluation of reasonable
feasibility of achieving a vocational goal, VA may provide the
following specific services, as appropriate:
(1) Assessment of feasibility by a CP or VRC;
(2) Review of feasibility assessment and of need for special
services by the Vocational Rehabilitation Panel;
[[Page 51291]]
(3) Provision of medical, testing, and other diagnostic services to
ascertain the child's capacity for training and employment; and
(4) Evaluation of employability by professional staff of an
educational or rehabilitation facility, for a period not to exceed 30
days.
(Authority: 38 U.S.C. 1804(a))
(c) Responsibility for evaluation. A CP or VRC will make all
determinations as to the reasonable feasibility of achieving a
vocational goal.
(Authority: 38 U.S.C. 1804(a), (b))
Services and Assistance to Program Participants
Sec. 21.8050 Scope of training, services, and assistance.
(a) Allowable training, services, and assistance. VA may provide to
vocational training program participants:
(1) Vocationally oriented training, services, and assistance, to
include:
(i) Training in an institution of higher education if the program
is predominantly vocational; and
(ii) Tuition, fees, books, equipment, supplies, and handling
charges.
(2) Employment assistance including:
(i) Vocational, psychological, employment, and personal adjustment
counseling;
(ii) Services to place the individual in suitable employment and
post-placement services necessary to ensure satisfactory adjustment in
employment; and
(iii) Personal adjustment and work adjustment training.
(3) Vocationally oriented independent living services only to the
extent that the services are indispensable to the achievement of the
vocational goal and do not constitute a significant portion of the
services to be provided.
(4) Other vocationally oriented services and assistance of the kind
VA provides veterans under the 38 U.S.C. chapter 31 program, except as
paragraph (c) of this section provides, that VA determines the program
participant needs to prepare for and take part in vocational training
or in employment.
(Authority: 38 U.S.C. 1804(c))
(b) Vocational training program. VA will provide either directly or
by contract, agreement, or arrangement with another entity, and at no
cost to the beneficiary, the vocationally oriented training, other
services, and assistance that VA approves for the individual child's
program under this subpart. Authorization and payment for approved
services will be made in a comparable manner to that VA provides for
veterans under the 38 U.S.C. chapter 31 program.
(Authority: 38 U.S.C. 1804(c))
(c) Prohibited services and assistance. VA may not provide to a
vocational training program participant any:
(1) Loan;
(2) Subsistence allowance;
(3) Automobile adaptive equipment;
(4) Training at an institution of higher education in a program of
education that is not predominantly vocational in content;
(5) Employment adjustment allowance;
(6) Room and board in a special rehabilitation facility for a
period in excess of 30 days; or
(7) Independent living services, except those that are incidental
to the pursuit of the vocational training program.
(Authority: 38 U.S.C. 1804(c))
Duration of Vocational Training
Sec. 21.8070 Basic duration of a vocational training program.
(a) Basic duration of a vocational training program. The duration
of a vocational training program, as Sec. 21.8020(e)(1) and (e)(2)
provide, may not exceed 24 months of full-time training, services, and
assistance or the part-time equivalent, except as Sec. 21.8072 allows.
(Authority: 38 U.S.C. 1804(d))
(b) Responsibility for estimating the duration of a vocational
training program. While preparing the individualized written plan of
vocational rehabilitation, the CP or VRC will estimate the time the
child needs to complete a vocational training program.
(Authority: 38 U.S.C. 1804(c))
(c) Duration and scope of training must meet general requirements
for entry into the selected occupation. The child will receive
training, services, and assistance, as Sec. 21.8120 describes, for a
period that VA determines the child needs to reach the level employers
generally recognize as necessary for entry into employment in a
suitable occupational objective.
(Authority: 38 U.S.C. 1804(c))
(d) Approval of training beyond the entry level. To qualify for
employment in a particular occupation, the child may need training that
exceeds the amount a person generally needs for employment in that
occupation. VA will provide the necessary additional training under one
or more of the following conditions:
(1) Training requirements for employment in the child's vocational
goal in the area where the child lives or will seek employment exceed
those job seekers generally need for that type of employment;
(2) The child is preparing for a type of employment in which he or
she will be at a definite disadvantage in competing with nondisabled
persons and the additional training will offset the competitive
disadvantage;
(3) The choice of a feasible occupation is limited, and additional
training will enhance the child's employability in one of the feasible
occupations; or
(4) The number of employment opportunities within a feasible
occupation is restricted.
(Authority: 38 U.S.C. 1804(c))
(e) Estimating the duration of the training period. In estimating
the length of the training period the child needs, the CP or VRC must
determine that:
(1) The proposed vocational training would not normally require a
person without a disability more than 24 months of full-time pursuit,
or the part-time equivalent, for successful completion; and
(2) The program of training and other services the child needs,
based upon VA's evaluation, will not exceed 24 months or the part-time
equivalent. In calculating the proposed program's length, the CP or VRC
will follow the procedures in Sec. 21.8074(a).
(Authority: 38 U.S.C. 1804(d))
(f) Required selection of an appropriate vocational goal. If the
total period the child would require for completion of an initial
vocational training program in paragraph (e) of this section is more
than 24 months, or the part-time equivalent, the CP or VRC must work
with the child to select another suitable initial vocational goal.
(Authority: 38 U.S.C. 1804(d)(2))
Sec. 21.8072 Authorizing training, services, and assistance beyond the
initial individualized written plan of vocational rehabilitation.
(a) Extension of the duration of a vocational training program. VA
may authorize an extension of a vocational training program when
necessary to provide additional training, services, and assistance to
enable the child to achieve the vocational or employment goal
identified before the end of the child's basic entitlement period, as
stated in the individualized written plan of vocational rehabilitation
under Sec. 21.8080. A change from one occupational objective to another
in the same field or occupational family meets the criterion for prior
identification in the individualized written plan of vocational
rehabilitation.
[[Page 51292]]
(Authority: 38 U.S.C. 1804(d)(2), (e)(2))
(b) Extensions for prior participants in the program. (1) Except as
paragraph (b)(2) of this section provides, VA may authorize additional
training, limited to the use of remaining program entitlement including
any allowable extension, for a child who previously participated in
vocational training under this subpart. The additional training must:
(i) Be designed to enable the child to complete the prior
vocational goal or a different vocational goal; and
(ii) Meet the same provisions as apply to training for new
participants.
(2) A child who has previously achieved a vocational goal in a
vocational training program under this subpart may not receive
additional training under paragraph (b)(1) of this section unless a CP
or VRC sets aside the child's achievement of that vocational goal under
Sec. 21.8284.
(Authority: 38 U.S.C. 1804(b) through (e))
(c) Responsibility for authorizing a program extension. A CP or VRC
may approve extensions of the vocational training program the child is
pursuing up to the maximum program limit of 48 months if the CP or VRC
determines that the child needs the additional time to successfully
complete training and obtain employment, and the following conditions
are met:
(1) The child has completed more than half of the planned training;
and
(2) The child is making satisfactory progress.
(Authority: 38 U.S.C. 1804(d)(2))
Sec. 21.8074 Computing the period for vocational training program
participation.
(a) Computing the participation period. To compute the number of
months and days of a child's participation in a vocational training
program:
(1) Count the number of actual months and days of the child's:
(i) Pursuit of vocational education or training;
(ii) Receipt of extended evaluation-type services and training, or
services and training to enable the child to prepare for vocational
training or employment, if a veteran in a 38 U.S.C. chapter 31 program
would have received a subsistence allowance while receiving the same
type of services and training; and
(iii) Receipt of employment and post-employment services (any
period of employment or post-employment services is considered full-
time program pursuit).
(2) Do not count:
(i) The initial evaluation period;
(ii) Any period before the child enters a vocational training
program under this subpart;
(iii) Days of authorized leave; and
(iv) Other periods during which the child will not pursue training,
such as periods between terms.
(3) Convert part-time training periods to full-time equivalents.
(4) Total the months and days under paragraphs (a)(1) through
(a)(3) of this section. This sum is the period of the child's
participation in the program.
(Authority: 38 U.S.C. 1804(d))
(b) Consistency with principles for charging entitlement.
Computation of the program participation period under this section will
be consistent with the principles for charging entitlement under
Sec. 21.8020.
(Authority: 38 U.S.C. 1804(d))
Individualized Written Plan of Vocational Rehabilitation
Sec. 21.8080 Requirement for an individualized written plan of
vocational rehabilitation.
(a) General. A CP or VRC will work in consultation with each child
for whom a vocational goal is feasible to develop an individualized
written plan of vocational rehabilitation services and assistance to
meet the child's vocational training needs. The CP or VRC will develop
this individualized written plan of vocational rehabilitation in a
manner comparable to the rules governing the development of an
individualized written rehabilitation plan (IWRP) for a veteran for 38
U.S.C. chapter 31 purposes, as Secs. 21.80, 21.84, 21.88, 21.90, 21.92,
21.94 (a) through (d), and 21.96 provide.
(Authority: 38 U.S.C. 1804(b))
(b) Selecting the type of training to include in the individualized
written plan of vocational rehabilitation. If training is necessary,
the CP or VRC will explore a range of possibilities, to include paid
and unpaid on-job training, institutional training, and a combination
of on-job and institutional training to accomplish the goals of the
program. Generally, a child's program should include on-job training,
or a combination of on-job and institutional training, when this
training:
(1) Is available;
(2) Is as suitable as using only institutional training for
accomplishing the goals of the program; and
(3) Will meet the child's vocational training program needs.
(Authority: 38 U.S.C. 1804(b), (c))
Sec. 21.8082 Inability of child to complete individualized written
plan of vocational rehabilitation or achieve vocational goal.
(a) Inability to timely complete an individualized written plan of
vocational rehabilitation or achieve identified goal. After a
vocational training program has begun, the VR&C case manager may
determine that the child cannot complete the vocational training
program described in the child's individualized written plan of
vocational rehabilitation within the time limits of the individualized
written plan of vocational rehabilitation or cannot achieve the child's
identified vocational goal. Subject to paragraph (b) of this section,
VR&C may assist the child in revising or selecting a new individualized
written plan of vocational rehabilitation or goal.
(b) Allowable changes in the individualized written plan of
vocational rehabilitation or goal. Any change in the child's
individualized written plan of vocational rehabilitation or vocational
goal is subject to the child's continuing eligibility under the
vocational training program and the provisions governing duration of a
vocational training program in Secs. 21.8020(c) and 21.8070 through
21.8074.
(Authority: 38 U.S.C. 1804(d), 1804(e))
(c) Change in the individualized written plan of vocational
rehabilitation or vocational goal. (1) The individualized written plan
of vocational rehabilitation or vocational goal may be changed under
the same conditions as provided for a veteran under Sec. 21.94 (a)
through (d), and subject to Sec. 21.8070 (d) through (f), if:
(i) The CP or VRC determines that achievement of a vocational goal
is still reasonably feasible and that the new individualized written
plan of vocational rehabilitation or goal is necessary to enable the
child to prepare for and participate in vocational training or
employment; and
(ii) Reentrance is authorized under Sec. 21.8284 in a case when the
child has completed a vocational training program under this subpart.
(2) A CP or VRC may approve a change of vocational goal from one
field or occupational family to another field or occupational family if
the child can achieve the new goal:
(i) Before the end of the basic 24-month entitlement period that
Sec. 21.8020(c)(1) describes; or
(ii) Before the end of any allowable extension under
Secs. 21.8020(c)(2) and 21.8072 if the new vocational goal in another
field or occupational family was
[[Page 51293]]
identified during the basic 24-month entitlement period.
(3) A change from one occupational objective to another in the same
field or occupational family does not change the planned vocational
goal.
(4) The child must have sufficient remaining entitlement to pursue
the new individualized written plan of vocational rehabilitation or
goal, as Sec. 21.8020 provides.
(Authority: 38 U.S.C. 1804(d))
(d) Assistance if child terminates planned program before
completion. If the child elects to terminate the planned vocational
training program, he or she will receive the assistance that
Sec. 21.80(d) provides in identifying other resources through which to
secure the desired training or employment.
(Authority: 38 U.S.C. 1804(c))
Counseling
Sec. 21.8100 Counseling.
A child requesting or receiving services and assistance under this
subpart will receive professional counseling by VR&C and other
qualified VA staff members, and by contract counseling providers, as
necessary, in a manner comparable to VA's provision of these services
to veterans under the 38 U.S.C. chapter 31 program, as Secs. 21.100 and
21.380 provide.
(Authority: 38 U.S.C. 1803(c)(8), 1804(c))
Vocational Training, Services, and Assistance
Sec. 21.8120 Vocational training, services, and assistance.
(a) Purposes. A child eligible for a vocational training program
may receive training, services, and assistance to enable the child to
prepare for and participate in vocational training or employment.
(Authority: 38 U.S.C. 1804(b), (c))
(b) Training permitted. VA and the child will select vocationally
oriented courses of study and training, completion of which usually
results in a diploma, certificate, degree, qualification for licensure,
or direct placement in employment. The educational and training
services to be provided include:
(1) Remedial, deficiency, and refresher training; and
(2) Training that leads to an identifiable vocational goal. Under
this program, VA may authorize all forms of programs that Secs. 21.122
through 21.132 describe. This includes education and training programs
in institutions of higher education. VA may authorize the education and
training at an undergraduate or graduate degree level, only if the
degree program is predominantly vocational in nature. For a child to
participate in a graduate degree program, the graduate degree must be a
requirement for entry into the child's vocational goal. For example, a
master's degree is required to engage in social work. The program of
training is predominantly vocational in content if the majority of the
instruction provides the technical skills and knowledge employers
generally regard as specific to, and required for, entry into the
child's vocational goal.
(c) Cost of education and training services. The CP or VRC will
consider the cost of training in selecting a facility when:
(1) There is more than one facility in the area in which the child
resides that:
(i) Meets the requirements for approval under Secs. 21.290 through
21.298 (except as provided by Sec. 21.8286(b)),
(ii) Can provide the training, services and other supportive
assistance the child's individualized written plan of vocational
rehabilitation specifies, and
(iii) Is within reasonable commuting distance; or
(2) The child wishes to train at a suitable facility in another
area, even though a suitable facility in the area where the child lives
can provide the training. In considering the costs of providing
training in this case, VA will use the provisions of Sec. 21.120
(except 21.120(a)(3)), Sec. 21.370 (however, the words ``under
Sec. 21.282'' in Sec. 21.370(b)(2)(iii)(B) do not apply), and
Sec. 21.372 in a manner comparable to that for veterans under the 38
U.S.C. chapter 31 program.
(Authority: 38 U.S.C. 1804(b), (c))
(d) Accessible courses not locally available. If suitable
vocational training courses are not available in the area in which the
child lives, or if they are available but not accessible to the child,
VA may make other arrangements. These arrangements may include, but are
not limited to:
(1) Transportation of the child, but not the child's family,
personal effects, or household belongings, to another area where
necessary services are available; or
(2) Use of an individual instructor to provide necessary training
in a manner comparable to that for veterans under the 38 U.S.C. chapter
31 program, as Sec. 21.146 describes.
(Authority: 38 U.S.C. 1804(b), (c))
Evaluation and Improvement of Vocational Potential
Sec. 21.8140 Evaluation and improvement of vocational potential.
(a) General. A CP or VRC may use the services that paragraph (d) of
this section describes to:
(1) Evaluate vocational training and employment potential;
(2) Provide a basis for planning:
(i) A program of services and assistance to improve the child's
preparation for vocational training and employment; or
(ii) A vocational training program;
(3) Reevaluate the vocational training feasibility of a child
participating in a vocational training program; and
(4) Remediate deficiencies in the child's basic capabilities,
skills, or knowledge to give the child the ability to participate in
vocational training or employment.
(Authority: 38 U.S.C. 1804(b))
(b) Periods when evaluation and improvement services may be
provided. A CP or VRC may authorize the services described in paragraph
(d) of this section, except those in paragraph (d)(4) of this section,
for delivery during:
(1) An initial evaluation; or
(2) Pursuit of a vocational training program.
(Authority: 38 U.S.C. 1804(c))
(c) Duration of services. The duration of services needed to
improve vocational training and employment potential, furnished on a
full-time basis either as a preliminary part or all of a vocational
training program, may not exceed 9 months. If VA furnishes these
services on a less than full-time basis, the duration will be for the
period necessary, but may not exceed the equivalent of 9 months of
full-time training.
(Authority: 38 U.S.C. 1804(c))
(d) Scope of services. Evaluation and improvement services include:
(1) Diagnostic services;
(2) Personal and work adjustment training;
(3) Referral for medical care and treatment for the spina bifida or
related conditions;
(4) Vocationally oriented independent living services indispensable
to pursuing a vocational training program;
(5) Language training, speech and voice correction, training in
ambulation, and one-hand typewriting;
(6) Orientation, adjustment, mobility and related services; and
(7) Other appropriate services to assist the child in functioning
in the proposed training or work environment.
[[Page 51294]]
(Authority: 38 U.S.C. 1804(c))
(e) Applicability of chapter 31 rules on special rehabilitation
services. The provisions of Sec. 21.140 do not apply to this subpart.
Subject to the provisions of this subpart, the following provisions
apply to the vocational training program under this subpart in a manner
comparable to that for veterans under the 38 U.S.C. chapter 31 program:
Sec. 21.142(a) and (b); Sec. 21.144; Sec. 21.146; Sec. 21.148(a) and
(c); Sec. 21.150 other than paragraph (b); Sec. 21.152 other than
paragraph (b); Sec. 21.154 other than paragraph (b); and Sec. 21.156.
(Authority: 38 U.S.C. 1804(c))
Supplies
Sec. 21.8210 Supplies.
(a) Purpose of furnishing supplies. VA will provide the child with
the supplies that the child needs to pursue training, to obtain and
maintain employment, and otherwise to achieve the goal of his or her
vocational training program.
(Authority: 38 U.S.C. 1804(c))
(b) Types of supplies. VA may provide books, tools, and other
supplies and equipment that VA determines are necessary for the child's
vocational training program and are required by similarly circumstanced
veterans pursuing such training under 38 U.S.C. chapter 31.
(Authority: 38 U.S.C. 1804(c))
(c) Periods during which VA may furnish supplies. VA may provide
supplies to a child receiving:
(1) An evaluation;
(2) Vocational training, services, and assistance to reach the
point of employability; or
(3) Employment services.
(Authority: 38 U.S.C. 1804(c))
(d) Other rules. The provisions of Secs. 21.212 through 21.224
apply to children pursuing a vocational training program under this
subpart in a comparable manner as VA provides supplies to veterans
under 38 U.S.C. chapter 31, except the following portions:
(1) Section 21.216(a)(3) pertaining to special modifications,
including automobile adaptive equipment;
(2) Section 21.220(a)(1) pertaining to advancements from the
revolving fund loan;
(3) Section 21.222(b)(x) pertaining to discontinuance from an
independent living services program.
(Authority: 38 U.S.C. 1804(c))
Program Costs
Sec. 21.8260 Training, services, and assistance costs.
The provisions of Sec. 21.262 pertaining to reimbursement for
training and other program costs apply, in a comparable manner as
provided under the 38 U.S.C. chapter 31 program for veterans, to
payments to facilities, vendors, and other providers for training,
supplies, and other services they deliver under this subpart.
(Authority: 38 U.S.C. 1804(c))
Vocational Training Program Entrance, Termination, and Resources
Sec. 21.8280 Effective date of induction into a vocational training
program.
Subject to the limitations in Sec. 21.8022, the date a child is
inducted into a vocational training program will be the date the child
first begins to receive training, services, or assistance under an
individualized written plan of vocational rehabilitation.
(Authority: 38 U.S.C. 1804(c), (d))
Sec. 21.8282 Termination of a vocational training program.
A case manager may terminate a child's vocational training program
for cause, including lack of cooperation, failure to pursue the
individualized written plan of vocational rehabilitation, fraud, or
administrative error. A child for whom a vocational goal is reasonably
feasible remains eligible for the program subject to the rules of this
subpart unless the child's eligibility for or entitlement to a
vocational training program under this subpart resulted from fraud or
administrative error.
(a) Fraud. If a child establishes eligibility for or entitlement to
benefits under this subpart through fraud, VA will terminate the award
of vocational training and rehabilitation as of the date VA first began
to pay benefits.
(b) Administrative error. If a child who is not entitled to
benefits under this subpart receives those benefits through VA
administrative error, VA will terminate the award of benefits as of the
first day of the calendar month beginning at least 60 days after
notifying the child of the proposed termination. This 60-day period may
not result in the entrance of the child into a new quarter, semester,
or other term of training unless VA has already obligated payment for
the training.
(c) Lack of cooperation or failure to pursue individualized written
plan of vocational rehabilitation. If reasonable VR&C efforts to
motivate a child do not resolve a lack of cooperation or failure to
pursue an individualized written plan of vocational rehabilitation, VA
will terminate the award of benefits as of the first day of the
calendar month beginning at least 60 days after notifying the child of
the proposed termination. This 60-day period may not result in the
entrance of the child into a new quarter, semester, or other term of
training. VA will deobligate payment for training in the new quarter,
semester, or other term of training.
(Authority: 38 U.S.C. 1804)
Sec. 21.8284 Additional vocational training.
VA may provide an additional period of training or services under a
vocational training program to a child who has completed training for a
vocational goal and/or been suitably employed under this subpart, if
the child is otherwise eligible and has remaining program entitlement
as provided in Sec. 21.8072(b), only under one of the following
conditions:
(a) Current facts, including any relevant medical findings,
establish that the child's disability has worsened to the extent that
he or she can no longer perform the duties of the occupation which was
the child's vocational goal under this subpart;
(b) The occupation that was the child's vocational goal under this
subpart is now unsuitable;
(c) The vocational training program services and assistance the
child originally received are now inadequate to make the child
employable in the occupation which he or she sought to achieve;
(d) Experience has demonstrated that VA should not reasonably have
expected employment in the objective or field for which the child
received vocational training program services and assistance; or
(e) Technological change that occurred after the child achieved a
vocational goal under this subpart now prevents the child from:
(1) Performing the duties of the occupation for which VA provided
training, services, or assistance, or in a related occupation; or
(2) Securing employment in the occupation for which VA provided
training, services, or assistance, or in a related occupation.
(Authority: 38 U.S.C. 1804(c))
Sec. 21.8286 Training resources.
(a) Applicable 38 U.S.C. chapter 31 resource provisions. The
provisions of Sec. 21.146 and Secs. 21.290 through 21.298 apply to
children pursuing a vocational training program under this subpart in a
comparable manner as for veterans under the 38 U.S.C. chapter 31
program,
[[Page 51295]]
except as paragraph (b) of this section specifies.
(Authority: 38 U.S.C. 1804(c))
(b) Limitations. The provisions of Sec. 21.294(b)(1)(i) and
(b)(1)(ii) pertaining to independent living services do not apply to
this subpart. The provisions of Sec. 21.294(b)(1)(iii) pertaining to
authorization of independent living services as a part of an
individualized written plan of vocational rehabilitation apply to
children under this subpart in a comparable manner as for veterans
under the 38 U.S.C. chapter 31 program only to the extent Sec. 21.8050
allows.
(Authority: 38 U.S.C. 1804(c))
Rate of Pursuit
Sec. 21.8310 Rate of pursuit.
(a) General requirements. VA will approve a child's pursuit of a
vocational training program at a rate consistent with his or her
ability to successfully pursue training, considering:
(1) Effects of his or her disability;
(2) Family responsibilities;
(3) Travel;
(4) Reasonable adjustment to training; and
(5) Other circumstances affecting the child's ability to pursue
training.
(Authority: 38 U.S.C. 1804(c))
(b) Continuous pursuit. A child should pursue a program of
vocational training with as little interruption as necessary,
considering the factors in paragraph (a) of this section.
(Authority: 38 U.S.C. 1804(c))
(c) Responsibility for determining the rate of pursuit. VR&C staff
members will consult with the child when determining the rate and
continuity of pursuit of a vocational training program. These staff
members will also confer with the medical consultant and the Vocational
Rehabilitation Panel described in Secs. 21.60 and 21.62, as necessary.
This rate and continuity of pursuit determination will occur during
development of the individualized written plan of vocational
rehabilitation, but may change later, as necessary to enable the child
to complete training.
(Authority: 38 U.S.C. 1804(c))
(d) Measurement of training time used. VA will measure the rate of
pursuit in a comparable manner to rate of pursuit measurement under
Sec. 21.310 for veterans under the 38 U.S.C. chapter 31 program.
(Authority: 38 U.S.C. 1804(c))
Authorization of Services
Sec. 21.8320 Authorization of services.
The provisions of Sec. 21.326, pertaining to the commencement and
termination dates of a period of employment services, apply to children
under this subpart in a manner comparable to that provided for veterans
under the 38 U.S.C. chapter 31 program. References in that section to
an individualized employment assistance plan IEAP should be considered
as referring to the child's individualized written plan of vocational
rehabilitation under this subpart.
(Authority: 38 U.S.C. 1804(c))
Leaves of Absence
Sec. 21.8340 Leaves of absence.
(a) Purpose of leave of absence. The purpose of the leave system is
to enable the child to maintain his or her status as an active program
participant.
(Authority: 38 U.S.C. 1804(c))
(b) Basis for leave of absence. The VR&C case manager may grant the
child leaves of absence for periods during which the child fails to
pursue a vocational training program. For prolonged periods of absence,
the VR&C case manager may approve leaves of absence only if the case
manager determines the child is unable to pursue a vocational training
program through no fault of the child.
(Authority: 38 U.S.C. 1804(c))
(c) Effect on entitlement. During a leave of absence, the running
of the basic 24-month period of entitlement, plus any extensions
thereto, shall be suspended until the child resumes the program.
(Authority: 38 U.S.C. 1804(c))
Satisfactory Conduct and Cooperation
Sec. 21.8360 Satisfactory conduct and cooperation.
The provisions for satisfactory conduct and cooperation in
Secs. 21.362 and 21.364, except as otherwise provided in this section,
apply to children under this subpart in a manner comparable to the way
they apply to veterans under the 38 U.S.C. chapter 31 program. If a
child fails to meet these requirements for satisfactory conduct or
cooperation, the VR&C case manager will terminate the child's
vocational training program. VA will not grant a child reentrance to a
vocational training program unless the reasons for unsatisfactory
conduct or cooperation have been removed.
(Authority: 38 U.S.C. 1804(c))
Transportation Services
Sec. 21.8370 Authorization of transportation services.
(a) General. VA shall authorize transportation services necessary
for a child to pursue a vocational training program. The sections in
subpart A of this part that are referred to in this paragraph (a) shall
apply to children under this subpart in a manner comparable to the way
they apply to veterans under the 38 U.S.C. chapter 31 program.
Transportation services include:
(1) Transportation for evaluation or counseling under Sec. 21.376;
(2) Intraregional travel under Sec. 21.370 (except that assurance
that the child meets all basic requirements for induction into training
will be determined without regard to the provisions of Sec. 21.282) and
interregional travel under Sec. 21.372;
(3) Special transportation allowance under Sec. 21.154; and
(4) Commuting to and from training and while seeking employment,
subject to paragraphs (c) and (d) of this section.
(Authority: 38 U.S.C. 1804(c))
(b) Reimbursement. For transportation services that VA authorizes,
VA will normally pay in arrears and in the same manner as tuition,
fees, and other services under this program.
(Authority: 38 U.S.C. 1804(c))
(c) Payment for commuting expenses for training and seeking
employment. VA may pay for transportation during the period of
vocational training and the first 3 months the child receives
employment services. VA may reimburse the child's costs, not to exceed
$200 per month, of commuting to and from training and seeking
employment if he or she requests this assistance and VA determines,
after careful examination of the child's situation and subject to the
limitations in paragraph (d) of this section, that the child would be
unable to pursue training or employment without this assistance. VA
may:
(1) Reimburse the facility at which the child is training if the
facility provided transportation or related services; or
(2) Reimburse the child for his or her actual commuting expense if
the child paid for the transportation.
(Authority: 38 U.S.C. 1804(c))
(d) Limitations. Payment of commuting expenses under paragraph
(a)(4) of this section may not be made for any period when the child:
(1) Is gainfully employed;
[[Page 51296]]
(2) Is eligible for, and entitled to, payment of commuting costs
through other VA and non-VA programs; or
(3) Can commute to school with family, friends, or fellow students.
(Authority: 38 U.S.C. 1804(c))
(e) Documentation. VA must receive supportive documentation with
each request for reimbursement. The individualized written plan of
vocational rehabilitation will specify whether VA will pay monthly or
at a longer interval.
(Authority: 38 U.S.C. 1804(c))
(f) Nonduplication. A child eligible for reimbursement of
transportation services both under this section and under Sec. 21.154
will receive only the benefit under Sec. 21.154.
(Paperwork requirements were approved by the Office of Management
and Budget under control number 2900-0580.)
(Authority: 38 U.S.C. 1804(c))
Additional Applicable Regulations
Sec. 21.8380 Additional applicable regulations.
The following regulations are applicable to children in this
program in a manner comparable to that provided for veterans under the
38 U.S.C. chapter 31 program: Secs. 21.380, 21.412, 21.414 (except
paragraphs (c), (d), and (e)), 21.420, and 21.430.
(Authority: 38 U.S.C. 1804, 5112)
Delegation of Authority
Sec. 21.8410 Delegation of authority.
The Secretary delegates authority for making findings and decisions
under 38 U.S.C. 1804 and the applicable regulations, precedents, and
instructions for the program under this subpart to the Under Secretary
for Benefits and to VR&C supervisory or non-supervisory staff members.
(Authority: 38 U.S.C. 512(a))
[FR Doc. 97-25662 Filed 9-29-97; 8:45 am]
BILLING CODE 8320-01-P
