# 38 CFR § 21.6040: Eligibility for vocational training and employment assistance

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-38-21.6040

## Section

- **Citation:** 38 CFR § 21.6040
- **Heading:** Eligibility for vocational training and employment assistance
- **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 I—Temporary Program of Vocational Training for Certain New Pension Recipients > Basic Eligibility Requirements

## Text

(a) Basic eligibility requirements. A veteran may be provided vocational training, employment assistance and related services to achieve a vocational goal under this program, if the following basic requirements are met:
(1) The veteran is a qualified veteran as described in § 21.6005(c) of this part;
(2) The veteran participates in a VA evaluation of his or her rehabilitation potential to determine whether achievement of a vocational goal is reasonably feasible;
(3) Achievement of a vocational goal is found reasonably feasible, following evaluation by VA;
(4) The veteran elects to pursue a vocational training program;
(5) The veteran and VA develop and agree to an Individualized Written Rehabilitation Plan (IWRP) identifying the vocational goal and the means through which this goal will be achieved.
(Authority: 38 U.S.C. 1524(a)(1))
(b) Eligibility for employment assistance. (1) As provided in this paragraph, a veteran who is a participant in this program shall be eligible to receive counseling, placement, postplacement, work and personal adjustment services furnished under § 21.6060(a)(2) of this part for a period not to exceed 18 months. These services are further described in §§ 21.140(d)(2), 21.250(a), (b)(2), (c)(3), and (4), and 21.252, 21.254, 21.256, 21.257, and 21.258 of this part.
(2) The participants who qualify for the services described in paragraph (a) of this section include a veteran who:
(i) Has completed a vocational rehabilitation training program;
(Authority: 38 U.S.C. 1524(b)(3))
(ii) Undertakes a vocational training program, but voluntarily terminates training. If VA determines the veteran to be employable at the time participation in training ends, the veteran shall be deemed to have completed the vocational training program and may be provided the employment services described in paragraph (b)(1) of this section if he or she requests such assistance;
(Authority: 38 U.S.C. 1524(b)(3))
(iii) Does not require a vocational training program because VA determines as a result of an evaluation that he or she already possesses the training necessary for suitable employment and is able to achieve a vocational goal without further training; and
(Authority: 38 U.S.C. 1524(b)(2))
(iv) Has been a prior participant in a vocational training program, is currently employable, but needs employment assistance to obtain employment in a suitable occupation.
(Authority: 38 U.S.C. 1524(b)(2))
(3) The 18-month period of employment services allowed under this section shall begin upon the date that a veteran under paragraph (b)(2)(i) of this section completes the vocational training program or in the case of a veteran under paragraphs (b)(2)(ii), (iii), and (iv) of this section is found to be employable. If a veteran has been provided such services and obtains suitable employment, but is later found to require additional services of this kind, the veteran may be provided such additional services during any portion of the original 18-month period remaining.
(Authority: 38 U.S.C. 1524(b); Pub. L. 100-687).
(c) Eligibility if pension is terminated. A qualified veteran for whom a program of vocational training has been found reasonably feasible shall remain eligible for the temporary program, subject to the rules of this subpart and section 1524 of 38 U.S.C. ch. 15, even if his or her pension award is subsequently terminated, except when the veteran's award of VA pension was the result of fraud or administrative error.
(Authority: 38 U.S.C. 1524(a); Pub. L. 100-687).
[53 FR 4397, Feb. 16, 1988, as amended at 55 FR 17272, Apr. 24, 1990]

## Nearby sections

- [38 CFR § 21.6001 § 21.6001 Temporary vocational training program for certain pension recipients.](https://www.frixlaw.com/law-library/statutes/ecfr-38-21.6001.md)
- [38 CFR § 21.6005 § 21.6005 Definitions.](https://www.frixlaw.com/law-library/statutes/ecfr-38-21.6005.md)
- [38 CFR § 21.6010 § 21.6010 Applicability of rules and administrative procedures under 38 U.S.C., Chapter 31.](https://www.frixlaw.com/law-library/statutes/ecfr-38-21.6010.md)
- [38 CFR § 21.6015 § 21.6015 Claims and elections.](https://www.frixlaw.com/law-library/statutes/ecfr-38-21.6015.md)
- [38 CFR § 21.6021 § 21.6021 Nonduplication—38 U.S.C., chapters 30, 31, 32, 34 and 35.](https://www.frixlaw.com/law-library/statutes/ecfr-38-21.6021.md)
- [38 CFR § 21.6040 § 21.6040 Eligibility for vocational training and employment assistance.](https://www.frixlaw.com/law-library/statutes/ecfr-38-21.6040.md)
- [38 CFR § 21.6042 § 21.6042 Entry, reentry and completion.](https://www.frixlaw.com/law-library/statutes/ecfr-38-21.6042.md)
- [38 CFR § 21.6050 § 21.6050 Participation of eligible veterans in an evaluation.](https://www.frixlaw.com/law-library/statutes/ecfr-38-21.6050.md)
- [38 CFR § 21.6052 § 21.6052 Evaluations.](https://www.frixlaw.com/law-library/statutes/ecfr-38-21.6052.md)
- [38 CFR § 21.6054 § 21.6054 Criteria for determining good employment potential.](https://www.frixlaw.com/law-library/statutes/ecfr-38-21.6054.md)
- [38 CFR § 21.6056 § 21.6056 Cooperation of the veteran in an evaluation.](https://www.frixlaw.com/law-library/statutes/ecfr-38-21.6056.md)
- [38 CFR § 21.6058 § 21.6058 Consequences of evaluation.](https://www.frixlaw.com/law-library/statutes/ecfr-38-21.6058.md)
- [38 CFR § 21.6059 § 21.6059 Limitations on the number of evaluations.](https://www.frixlaw.com/law-library/statutes/ecfr-38-21.6059.md)
- [38 CFR § 21.6060 § 21.6060 Services and assistance.](https://www.frixlaw.com/law-library/statutes/ecfr-38-21.6060.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-38-21.6040. Check the current official text before relying on it. Not legal advice.