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

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