§ 21.197 “Interrupted” status.
FederalRegulations
Ask Donna
How this section applies to your facts.
Title 38 CFR: Pensions, Bonuses, and Veterans' Relief › Chapter I: DEPARTMENT OF VETERANS AFFAIRS › Part 21: VETERAN READINESS AND EMPLOYMENT AND EDUCATION › Subpart A: Veteran Readiness and Employment › § 21.197: § 21.197 “Interrupted” status.
Text
(a)
Purpose.
The purpose of
interrupted
status is to recognize that a variety of situations may arise in the course of a rehabilitation program in which a temporary suspension of the program is warranted. In each case, VA first must determine that the veteran will be able to return to a rehabilitation program or a program of employment services following the resolution of the situation causing the interruption. This determination will be documented in the veteran's record.
(Authority: 38 U.S.C. 3117)
(b)
Assignment to “interrupted” status.
A veteran's case will be assigned to
interrupted
status when:
(1) VA determines that a suspension of services being provided is necessary; and
(2) Either:
(i) A definite date for resumption of the program is established; or
(ii) The evidence indicates the veteran will be able to resume the program at some future date, which can be approximately established.
(Authority: 38 U.S.C. 3110)
(c)
Reasons for assignment to “interrupted” status.
A veteran's case may be interrupted and assigned to
interrupted
status for reasons including but not limited to the following:
(1)
Veteran does not initiate or continue rehabilitation process.
If a veteran does not begin or continue the rehabilitation process, the veteran's case will be interrupted and assigned to
interrupted
status, including:
(i) A case in
evaluation and planning
status;
(ii) A case in
extended evaluation
status;
(iii) A case in
rehabilitation to the point of employability
status;
(iv) A case in
independent living program
status; or
or continue rehabilitation process.
If a veteran does not begin or continue the rehabilitation process, the veteran's case will be interrupted and assigned to
interrupted
status, including:
(i) A case in
evaluation and planning
status;
(ii) A case in
extended evaluation
status;
(iii) A case in
rehabilitation to the point of employability
status;
(iv) A case in
independent living program
status; or
(v) A case in
employment services
status.
(2)
Unsatisfactory conduct and cooperation.
If a veteran's conduct or cooperation becomes unsatisfactory, services and assistance may be interrupted as determined under provisions of §§ 21.362 and 21.364.
(3)
Services not available.
The veteran cannot continue the program because the necessary training and rehabilitation services are unavailable.
(4)
Prior to assignment to “discontinued” status.
A veteran's case shall be assigned to
interrupted
status prior to discontinuance and assignment to
discontinued
status in all cases except as provided in § 21.182(d) and upon the veteran's death. The purpose of assignment to
interrupted
status is to assure that all appropriate actions have been taken to help the veteran continue in his or her program before discontinuing benefits and services.
(5)
Absences.
The veteran is not entitled to be placed on authorized absence under §§ 21.340 through 21.350 while in interrupted status.
(Authority: 38 U.S.C. 3111)
(d)
Reentrance from “interrupted”
status. (1) A veteran in
interrupted
status may be assigned to his or her prior status or other appropriate status, if he or she reports for entrance or reentrance into the prescribed program at the time and place scheduled for the resumption of the rehabilitation program.
ence under §§ 21.340 through 21.350 while in interrupted status.
(Authority: 38 U.S.C. 3111)
(d)
Reentrance from “interrupted”
status. (1) A veteran in
interrupted
status may be assigned to his or her prior status or other appropriate status, if he or she reports for entrance or reentrance into the prescribed program at the time and place scheduled for the resumption of the rehabilitation program.
(2) If a veteran in
interrupted
status fails to report for entrance or reentrance into the program at the appointed time and place, the veteran's case will remain in
interrupted
status. The case manager will then determine whether there is a satisfactory reason for the veteran's failure to enter a new or reenter the prior program. If the evidence of record does not establish a satisfactory reason, the veteran's case will be discontinued and assigned to
discontinued
status.
(e)
Case management responsibility during a period of interruption.
The case manager shall maintain contact with the veteran during
interruption
and shall arrange for appropriate medical or other services the veteran needs to be able to enter or reenter a rehabilitation program or a program of employment services.
(Authority: 38 U.S.C. 3107)
Cross Reference:
See § 21.324 Reduction or termination date.
[49 FR 40814, Oct. 18, 1984, as amended at 52 FR 2518, Jan. 23, 1987]
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.