# Provision of Vocational Training and Rehabilitation to Vietnam Veterans' Children With Spina Bifida

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## Record

- **Collection:** Federal Register
- **Document type:** Proposed Rule
- **Published:** July 1, 1997
- **Citation:** 62 FR 35454

## Text

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: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: This document proposes to establish 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. This document also requests Paperwork Reduction Act comments
concerning the proposed collections of information contained in this
document.

DATES: Comments must be received on or before September 2, 1997.

ADDRESSES: Mail or hand deliver written comments to: Director, Office
of Regulations Management (02D), Department of Veterans Affairs, 810
Vermont Ave., NW, Room 1154, Washington, DC 20420. Comments should
indicate that they are submitted in response to ``RIN 2900-AI72.'' All
written comments received will be available for public inspection at
the above address in the Office of Regulations Management, Room 1158,
between the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday
(except holidays).

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: This document proposes to amend 38 U.S.C.
part 21, Vocational Rehabilitation and Education, to set forth 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. A 1996 study
by the National Academy of Sciences found limited or suggestive
evidence that associated parental exposure to herbicides in Vietnam and
increased risk of spina bifida in their children.
The provisions of 38 U.S.C. chapter 18 (section 421, Pub. L. 104-
204, 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 associated with the spina bifida;
and (3) provision of vocational training and rehabilitation. In the
Federal Register of May 1, 1997, VA published companion documents to
this one, setting forth proposed rules concerning the first two of
these benefits: Monetary Allowance Under 38 U.S.C. 1805 for a Child
Born with Spina Bifida Who Is a Child of a Vietnam Veteran (62 FR
23724) and Provision of Health Care to Vietnam Veterans'

[[Page 35455]]

Children With Spina Bifida (62 FR 23731).
As a condition of eligibility for vocational training and
rehabilitation, it is proposed that a child must be eligible for a
monetary allowance under the provisions setting forth a mechanism for
monthly monetary payments relating to spina bifida. This would ensure
that VA has determined that each child is a Vietnam veteran's child
suffering from spina bifida and would obviate the need for duplicate
medical determinations.
This proposed rule sets forth a mechanism for providing vocational
training and rehabilitation to Vietnam veterans' children with spina
bifida. In part, the proposed rule restates statutory provisions in
Public Law 104-204.
For a child to be eligible for vocational training and employment
assistance and services under Public Law 104-204, VA must determine
that:
The child's natural parent is a veteran who performed
active military, naval, or air service in the Republic of Vietnam
during the Vietnam era (the period from February 28, 1961 through May
7, 1975) and who, as provided in 38 U.S.C. 101(2), was not dishonorably
discharged;
The child was conceived after the veteran first entered
Vietnam during the Vietnam era; and
The child has a form or manifestation of spina bifida
other than spina bifida occulta.
It is proposed that a Vietnam veteran's child with spina bifida
receive testing and evaluative services, as needed, similar to the
testing and services that VA offers a veteran for the purposes of
evaluation for eligibility and entitlement under a vocational
rehabilitation program under 38 U.S.C. chapter 31. These testing and
evaluative services are appropriate for determining whether it is
reasonably feasible for the child to achieve a vocational goal and to
guide the child, parent, or guardian in choosing a vocational training
program for the child.
It is proposed that an eligible child with spina bifida would
receive vocational training program services and assistance under
provisions that, under the 38 U.S.C. chapter 31 program, already apply
to vocational training program services and assistance for eligible
veterans with service-connected disabilities. In this regard, it is
proposed that the following provisions of 38 CFR part 21, subpart A,
would apply as set forth in the text portion of this document:
Section 21.35 concerning certain definitions and
explanations (see proposed Sec. 21.8012).
Section 21.250 (a) and (b)(2), concerning provision of
employment services, including the definition of job development;
Sec. 21.252 concerning job development and placement services;
Sec. 21.254 concerning supportive services; Sec. 21.256 concerning
incentives for employers; and Secs. 21.257 and 21.258 concerning
rehabilitation through self-employment, including special assistance
for persons engaged in self-employment programs (see proposed
Sec. 21.8020).
Sections 21.50(b)(5) and 21.53 (b) and (d) concerning the
scope and nature of an evaluation of the reasonable feasibility of
achieving a vocational goal (see proposed Sec. 21.8032).
Sections 21.80, 21.84, and 21.88 concerning the
requirements for an individualized written plan of vocational
rehabilitation and its purposes, to include employment assistance; and
Secs. 21.92, 21.94 (a) through (d), and 21.96 concerning preparation
of, changes to, and review of an individualized written plan of
vocational rehabilitation (see proposed Secs. 21.8080 and 21.8082).
Sections 21.100 and 21.380 concerning counseling (see
proposed Sec. 21.8100).
Section 21.120 concerning vocational training;
Secs. 21.122 through 21.132 concerning types of allowable vocational
training; and Sec. 21.146 concerning independent instructor courses
(see proposed Sec. 21.8120).
Sections 21.290 through 21.298 concerning course approval
and facility selection (except that the provisions pertaining to use of
facilities offering independent living services to evaluate independent
living potential (see Sec. 21.294(b)(1)(i)) and to provide a program of
independent living services to individuals for whom an Individualized
Independent Living Plan (IILP) has been developed (see
Sec. 21.294(b)(1)(ii)) do not apply, and provisions concerning
authorization of independent living services as an incidental part of a
plan (see Sec. 21.294(b)(1)(iii)) apply, in a comparable manner as for
veterans under the 38 U.S.C. chapter 31 program, only to the extent
allowable under proposed Sec. 21.8050 for an individualized written
plan of vocational rehabilitation) (see proposed Secs. 21.8120 and
21.8286).
Sections 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 concerning special rehabilitative
services of the following types: 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,
and other vocationally oriented incidental services (see proposed
Sec. 21.8140).
Sections 21.212 through 21.224 concerning supplies
(however, the following provisions do not apply to this subpart:
section 21.216(a)(3) concerning special modifications, including
automobile adaptive equipment; Sec. 21.220(a)(1) concerning
advancements from the 38 U.S.C. chapter 31 program revolving loan fund;
and Sec. 21.222(b)(x) concerning release or repayment for independent
living services program supplies) (see proposed Sec. 21.8210).
Section 21.262 concerning reimbursement for costs of
training and rehabilitation facilities, supplies, and services (see
proposed Sec. 21.8260).
Sections 21.60 and 21.62 concerning a medical consultant
and the Vocational Rehabilitation Panel and Sec. 21.310 concerning rate
of pursuit measurement (see proposed Sec. 21.8310).
Section 21.326 concerning the commencement and termination
dates of a period of employment services (see proposed Sec. 21.8320).
Sections 21.362 and 21.364 concerning satisfactory conduct
and cooperation (see proposed Sec. 21.8360).
Section 21.154 concerning special transportation
allowance; 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 concerning
intraregional and interregional travel at government expense; and
Sec. 21.376 concerning authorization of transportation services for
evaluation or counseling (see proposed Sec. 21.8370).
Section 21.380 concerning personnel qualification
standards; Secs. 21.412 and 21.414 (except Sec. 21.414(c), (d), and
(e)) concerning finality and revision of decisions; Sec. 21.420
concerning notification that VA will provide as to findings, decisions,
and appeal rights; and Sec. 21.430 concerning accountability for
authorization and payment of program costs for training and
rehabilitation services (see proposed Sec. 21.8380).
As set forth in the text portion of this document, these provisions
appear to be appropriate to apply to the provision of vocational
training and rehabilitation to Vietnam veterans' children with spina
bifida.
It is also proposed to allow Veterans Benefits Administration
officials to inform children who have spina bifida, as well as parents
or guardians of

[[Page 35456]]

children with spina bifida, about any vocational training and
rehabilitation that may be available at not-for-profit charitable
entities or under other governmental and nongovernmental programs to
either substitute for or supplement services and assistance available
under this subpart.
It is proposed that VA provide case management to assist the
eligible child throughout a planned vocational training program. This
would help to ensure that the child achieves the maximum vocational
benefit from the program.

Paperwork Reduction Act

Under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520),
collections of information are set forth in the provisions of the
proposed Secs. 21.8014, 21.8016, and 21.8370. Proposed Sec. 21.8014
would 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. Proposed Sec. 21.8016 would require a
written election of benefits, and would permit reelections between the
benefits under this subpart and those under 38 U.S.C. chapter 35 by a
child eligible for both benefits. Proposed Sec. 21.8370 would permit a
request for reimbursement for certain transportation costs and would
require submission of supporting documentation to receive
reimbursement. As required under section 3507(d) of the Act, VA has
submitted a copy of this rulemaking action to the Office of Management
and Budget (OMB) for its review of the proposed collections of
information.
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.
Comments on the proposed collections of information should be
submitted to the Office of Management and Budget, Attention: Desk
Officer for the Department of Veterans Affairs, Office of Information
and Regulatory Affairs, Washington, DC 20503, with copies mailed or
hand-delivered to: Director, Office of Regulations Management (02D),
Department of Veterans Affairs, 810 Vermont Ave., NW, Room 1154,
Washington, DC 20420. Comments should indicate that they are submitted
in response to ``RIN 2900-AI72''.
Title: Application for Spina Bifida Vocational Training Benefits.
Summary of collection of information: The provisions of the
proposed 38 CFR 21.8014 would establish a requirement that a child with
spina bifida submit an application for vocational training to be
considered for this benefit.
Description of need for information and proposed use of
information: 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.
Description of likely respondents: Adult children with spina
bifida, parents or guardians of minor or incompetent children with
spina bifida, authorized representatives, or Members of Congress.
Estimated number of respondents: 500.
Estimated frequency of responses: Once.
Estimated total annual reporting and recordkeeping burden: 125
reporting burden hours. The total annual reporting burden is based on
each respondent taking 15 minutes to write to VA indicating a desire to
take part in a vocational training program and providing the necessary
identifying information. Although there is no set format for this
application, the applicant must provide certain information to perfect
the claim. There are no recordkeeping requirements.
Estimated average burden per collection: 15 minutes.
Title: Election of Benefits Between Benefits Under 38 U.S.C.
Chapter 35 and Vocational Training Benefits for Vietnam Veterans'
Children Suffering from Spina Bifida.
Summary of collection of information: The provisions of the
proposed 38 CFR 21.8016 would 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.
Description of need for information and proposed use of
information: 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.
Description of likely respondents: Children with spina bifida who
have at least one parent who either died as a result of a service-
connected condition or who is rated as 100 precent disabled for a
service-connected condition, thus qualifying the child 38 U.S.C.
chapter 35 benefits.
Estimated number of respondents: 25. Very few of the eligible
children will have a parent who qualifies the child for 38 U.S.C.
chapter 35 benefits.
Estimated frequency of responses: Once.
Estimated total annual reporting and recordkeeping burden: 2.5
reporting burden hours. The total annual reporting burden is based on
each respondent taking 5 minutes to write out and sign an election
statement. There is no set format for this election. There are no
recordkeeping requirements.
Estimated average burden per collection: 5 minutes.

Title: Request for Transportation Expense Reimbursement.
Summary of collection of information: The provisions of the
proposed 38 CFR 21.8370 would require a child receiving vocational
training to request VA payment for travel expenses. VA must determine
that the child would be unable to pursue training or employment or
employment without this assistance. To obtain payment, the child must
submit documentation showing the expenses of transportation.
Description of need for information and proposed use of
information: 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.
Description of likely respondents: Children with spina bifida.
Estimated number of respondents: 100. Approximately half of the
children who plan and enter a program (200) will need VA financial
support for their transportation expenses while in a program.
Estimated frequency of responses: Once for the initial request;
monthly to obtain the travel reimbursement.
Estimated total annual reporting and recordkeeping burden: 125
reporting burden hours. Each respondent will require 15 minutes to
prepare and submit the initial request. (100 x 1/4 hour=25 hours.) Each
respondent will then require 5 minutes to copy and

[[Page 35457]]

submit receipts for transportation expenses to obtain reimbursement.
(100 x 12 x 1/12 hour=100 hours.)
Estimated average burden per collection: 1 hour and 15 minutes.
The Department considers comments by the public on proposed
collections of information in--
Evaluating whether the proposed collections of information
are necessary for the proper performance of the functions of the
Department, including whether the information will have practical
utility;
Evaluating the accuracy of the Department's estimate of
the burden of the proposed collections of information, including the
validity of the methodology and assumptions used;
Enhancing the quality, usefulness, and clarity of the
information to be collected; and
Minimizing the burden of the collections of information on
those who are to respond, including the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses.
OMB is required to make a decision concerning the collections of
information contained in this proposed rule between 30 and 60 days
after publication of this document in the Federal Register. Therefore,
a comment to OMB is best assured of having its full effect if OMB
receives it within 30 days of publication. This does not affect the
deadline for the public to comment on the proposed regulations.

Executive Order 12866

This proposed rule has been reviewed by OMB under Executive Order
12866.

Regulatory Flexibility Act

The Secretary of Veterans Affairs hereby certifies that the
adoption of the proposed rule would 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 would 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 are generally large capitalization facilities. Therefore,
pursuant to 5 U.S.C. 605(b), this proposed 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: May 27, 1997.
Jesse Brown,
Secretary of Veterans Affairs.

For the reasons set forth in the preamble, 38 CFR part 21 is
proposed to be 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

General

Sec.
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.
21.8074 Computing the period for vocational training program
participation.

Individualized Written Plane 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 and rehabilitation 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.

Authority: 38 U.S.C. 101, 501, 512, 1151 note, 1801-1806, 5112,
unless otherwise noted.

Subpart M--Vocational Training and Rehabilitation for Vietnam
Veterans' Children With Spina Bifida

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

[[Page 35458]]

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.

(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 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.

(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

[[Page 35459]]

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;
(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;
(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;

[[Page 35460]]

(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 paragraphs (e)(1) and (e)(2) of
Sec. 21.8020 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.

(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 (a) or (b).

(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

[[Page 35461]]

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 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.

[[Page 35462]]

(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.

(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))

[[Page 35463]]

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, 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 IEAP (individualized employment assistance plan) 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))

[[Page 35464]]

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 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 (however, the words
``under Sec. 21.282'' in Sec. 21.370(b)(2)(iii)(B) do not apply) 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
under 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) Transportation payment. 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 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;
(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 may not be made for
any period when the child:
(1) Is gainfully employed;
(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) Amount that VA may pay. VA will reimburse the child for his or
her actual cost of transportation, not to exceed $70 per month. 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.

(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: Sec. 21.380, 21.412, 21.414 (except (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. 97-17225 Filed 6-30-97; 8:45 am]
BILLING CODE 3810-01-P

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A97-17225. Public record. Not legal advice.