# 38 CFR § 21.364: Unsatisfactory conduct and cooperation > Federal · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/ecfr-38-21.364 ## Section - **Citation:** 38 CFR § 21.364 - **Heading:** Unsatisfactory conduct and cooperation - **Jurisdiction:** Federal - **Kind:** Regulations - **Status:** In force - **Text as of:** September 22, 2026 - **Source:** Publisher's official text - **Location:** Title 38—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 > Conduct and Cooperation ## Text (a) General. If VA determines that a veteran has failed to maintain satisfactory conduct or cooperation, VA may, after determining that all reasonable counseling efforts have been made and are found not reasonably likely to be effective, discontinue services and assistance to the veteran, unless the case manager determines that mitigating circumstances exist. In any case in which such services and assistance have been discontinued, VA may reinstitute such services and assistance only if the Counseling Psychologist (CP) or Vocational Rehabilitation Counselor (VRC) determines that: (1) The unsatisfactory conduct or cooperation of such veteran will not be likely to recur; and (2) The rehabilitation program which the veteran proposes to pursue (whether the same or revised) is suitable to such veteran's abilities, aptitudes, and interests. (b) Unsatisfactory conduct or cooperation exists. When the case manager determines that the veteran's conduct and/or cooperation are not in conformity with provisions of § 21.362(c), the case manager will: (1) Discuss the situation with the veteran; (2) Arrange for services, particularly counseling services, which may assist in resolving the problems which led to the veteran's unsatisfactory conduct or cooperation; (3) Interrupt the program to allow for more intense efforts, if the unsatisfactory conduct and cooperation persist. If a reasonable effort to remedy the situation is unsuccessful during the period in which the program is interrupted, the veteran's case will be discontinued and assigned to “discontinued” status unless mitigating circumstances are found. When mitigating circumstances exist the case may be continued in “interrupted” status until VA staff determines the veteran may be reentered into the same or a different program because the veteran's conduct and cooperation will be satisfactory, or if a plan has been developed, to enable the veteran to reenter and try to maintain satisfactory conduct and cooperation. Mitigating circumstances include: (i) The effects of the veteran's service and nonservice-connected condition; (ii) Family or financial problems which have led the veteran to unsatisfactory conduct or cooperation; or (iii) Other circumstances beyond the veteran's control. (Authority: 38 U.S.C. 3111) [49 FR 40814, Oct. 18, 1984, as amended at 81 FR 26132, May 2, 2016] ## Nearby sections - [38 CFR § 21.1 § 21.1 Training and rehabilitation for veterans with service-connected disabilities.](https://www.frixlaw.com/law-library/statutes/ecfr-38-21.1.md) - [38 CFR § 21.21 § 21.21 Election of benefits under education programs administered by the Department of Veterans Affairs.](https://www.frixlaw.com/law-library/statutes/ecfr-38-21.21.md) - [38 CFR § 21.22 § 21.22 Nonduplication—Federal programs.](https://www.frixlaw.com/law-library/statutes/ecfr-38-21.22.md) - [38 CFR § 21.30 § 21.30 Claims.](https://www.frixlaw.com/law-library/statutes/ecfr-38-21.30.md) - [38 CFR § 21.31 § 21.31 Informal claim.](https://www.frixlaw.com/law-library/statutes/ecfr-38-21.31.md) - [38 CFR § 21.32 § 21.32 Notification by VA of necessary information or evidence when a claim is filed; time for claimant response and VA action.](https://www.frixlaw.com/law-library/statutes/ecfr-38-21.32.md) - [38 CFR § 21.33 § 21.33 VA has a duty to assist claimants in obtaining evidence.](https://www.frixlaw.com/law-library/statutes/ecfr-38-21.33.md) - [38 CFR § 21.35 § 21.35 Definitions.](https://www.frixlaw.com/law-library/statutes/ecfr-38-21.35.md) - [38 CFR § 21.40 § 21.40 Basic entitlement to vocational rehabilitation benefits and services.](https://www.frixlaw.com/law-library/statutes/ecfr-38-21.40.md) - [38 CFR § 21.41 § 21.41 Basic period of eligibility.](https://www.frixlaw.com/law-library/statutes/ecfr-38-21.41.md) - [38 CFR § 21.42 § 21.42 Deferral or extension of the basic period of eligibility.](https://www.frixlaw.com/law-library/statutes/ecfr-38-21.42.md) - [38 CFR § 21.44 § 21.44 Extension of the basic period of eligibility for a veteran with a serious employment handicap.](https://www.frixlaw.com/law-library/statutes/ecfr-38-21.44.md) - [38 CFR § 21.45 § 21.45 Extending the period of eligibility for a program of independent living beyond basic period of eligibility.](https://www.frixlaw.com/law-library/statutes/ecfr-38-21.45.md) - [38 CFR § 21.46 § 21.46 Veteran ordered to active duty; extension of basic period of eligibility.](https://www.frixlaw.com/law-library/statutes/ecfr-38-21.46.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-38-21.364. Check the current official text before relying on it. Not legal advice.