**§21.78 Approving more than 48 months of rehabilitation.**

\(a\) *General.* Neither the basic period of entitlement which may be
authorized for a program of rehabilitation under Chapter 31 alone, nor a
combination of entitlement of Chapter 31 and other programs listed in
§21.4020 shall exceed 48 months except as indicated in paragraphs (b)
and (c) of this section. (Authority: 38 U.S.C. 3695)

\(b\) *Employment handicap.* A rehabilitation program for a veteran with
an employment handicap may only be extended beyond 48 months when:

\(1\) The veteran previously completed training for a suitable
occupation but the veteran's service-connected disability has worsened
to the point that he or she is unable to perform the duties of the
occupation for which training had been provided, and a period of
training in the same or a different field is required. An extension
beyond 48 months under Chapter 31 alone shall be authorized for this
purpose. (Authority: 38 U.S.C. 3105(c)(1)(A))

\(2\) The occupation in which the veteran previously completed training
is found to be unsuitable because of the veteran's abilities and
employment handicap. An extension beyond 48 months under Chapter 31
alone shall be approved for this purpose. (Authority: 38 U.S.C.
3105(c)(1)(B))

\(3\) The veteran previously used education benefit entitlement under
other programs administered by VA, and the additional period of
assistance to be provided under Chapter 31 which the veteran needs to
become employable will result in more than 48 months being used under
all VA education programs, under these conditions the number of months
necessary to complete the program may be authorized under Chapter 31,
provided that the length of the extension will not result in
authorization of more than 48 months under Chapter 31 alone. (Authority:
38 U.S.C. 3695)

\(4\) A veteran in an approved Chapter 31 program has elected payment of
benefits at the Chapter 30 educational assistance rate. The 48 month
limitation may be exceeded only:

\(i\) To the extent that the entitlement in excess of 48 months does not
exceed the entitlement previously used by the veteran in a course at the
secondary school level under §21.4235 before December 31, 1989, or

\(ii\) If the veteran is in a course on a term, quarter, or semester
basis which began before the 36 month limitation on Chapter 30
entitlement was reached, and completion of the course will be possible
by permitting the veteran to complete the training under Chapter 31.
(Authority: 38 U.S.C. 3013, 3695; Pub. L. 98-525) \[Paragraph (b)(4) is
retroactively effective to January 1, 1990\]

\(5\) The assistance to be provided in excess of 48 months consists only
of a period of employment assistance (see §21.73). (Authority: 38 U.S.C.
3105(b))

\(c\) *Serious employment handicap.* The duration of a rehabilitation
program for a veteran with a serious employment handicap may be extended
beyond 48 months under Chapter 31 for the number of months necessary to
complete a rehabilitation program under the following conditions:

\(1\) To enable the veteran to complete a period of rehabilitation to
the point of employability;

\(2\) To provide an extended evaluation in cases in which the total
period needed for an extended evaluation and for rehabilitation to the
point of employability would exceed 48 months;

\(3\) To provide a program of independent living services, including
cases in which achievement of a vocational goal becomes feasible during
or following a program of independent living services;

\(4\) Following rehabilitation to the point of employability:

\(i\) The veteran has been unable to secure employment in the occupation
for which training has been provided despite intensive efforts on the
part of the Department of Veterans Affairs and the veteran, and a period
of retraining or additional training is needed;

\(ii\) The skills which the veteran developed in training for an
occupation in which he or she was employed are no longer adequate to
maintain employment in that field and a period of retraining is needed;

\(iii\) The veteran's service-connected disability has worsened to the
point that he or she is unable to perform the duties of the occupation
for which the veteran has been trained. and a period of training in the
same or different field is required;

\(iv\) The occupation in which the veteran previously completed training
is found to be unsuitable due to the veteran's abilities and employment
handicap.

\(5\) The assistance to be provided in excess of 48 months consists,
only of a period of employment assistance. (see §21.73). (Authority: 38
U.S.C. 3105(c)(2))

\(d\) *Approval of extension beyond 48 months.* All extensions of a
rehabilitation program beyond 48 months of total entitlement under all
Department of Veterans Affairs programs requires the approval of the
counseling psychologist and concurrence of the Vocation Rehabilitation
and Employment Officer. Concurrence of the VR&E Officer is not required
for an extension due to provision of employment assistance (see §21.21).
(Authority: 38 U.S.C. 3105(b))

\[49 FR 40814, Oct. 18, 1984, as amended at 54 FR 4283, Jan. 30, 1989;
57 FR 57108, Dec. 3, 1992; 66 FR 44053, Aug. 22, 2001\]