**§21.283 Rehabilitated.**

\(a\) *General*. For purposes of chapter 31 a veteran shall be declared
rehabilitated when he or she has overcome the employment handicap to the
maximum extent feasible as described in paragraph (c), (d) or (e) of
this section. (Authority: 38 U.S.C. 3101(1), (2))

\(b\) *Definition*. The term *suitably employed* includes employment in
the competitive labor market, sheltered situations, or on a non-pay
basis which is consistent with the veteran's abilities, aptitudes and
interests if the criteria contained in paragraph (c)(1) or (2) of this
section are otherwise met. (Authority: 38 U.S.C. 3100)

\(c\) *Rehabilitation to the point of employability has been achieved*.
The veteran who has been found rehabilitated to the point of
employability shall be declared rehabilitated if he or she:

\(1\) Is employed in the occupational objective for which a program of
services was provided or in a closely related occupation for at least 60
continuous days;

\(2\) Is employed in an occupation unrelated to the occupational
objective of the veteran's rehabilitation plan for at least 60
continuous days if the veteran concurs in the change and such
employment:

\(i\) Follows intensive, yet unsuccessful, efforts to secure employment
for the veteran in the occupation objective of a rehabilitation plan for
a closely related occupation contained in the veteran's rehabilitation
plan;

\(ii\) Is consistent with the veteran's aptitudes, interests, and
abilities; and

\(iii\) Utilizes some of the academic, technical or professional
knowledge and skills obtained under the rehabilitation plan; or

\(3\) Pursues additional education or training, in lieu of obtaining
employment, after completing his or her prescribed program of training
and rehabilitation services if:

\(i\) The additional education or training is not approvable as part of
the veteran's rehabilitation program under this chapter; and

\(ii\) Achievement of employment consistent with the veteran's
aptitudes, interests, and abilities will be enhanced by the completion
of the additional education or training. (Authority: 38 U.S.C. 3101(1),
3107 and 3117)

\(d\) *Rehabilitation to the point of employability has not been
completed*. A veteran under a rehabilitation plan who obtains employment
without being declared rehabilitated to the point of employability as
contemplated by the plan, including a veteran in a rehabilitation
program consisting solely of employment services, is considered to be
rehabilitated if the following conditions exist:

\(1\) The veteran obtains and retains employment substantially using the
services and assistance provided under the plan for rehabilitation.

\(2\) The employment obtained is consistent with the veteran's
abilities, aptitudes and interests.

\(3\) Maximum services feasible to assist the veteran to retain the
employment obtained have been provided.

\(4\) The veteran has maintained the employment for at least 60
continuous days. (Authority: 38 U.S.C. 3101(1), 3107 and 3117)

\(e\) *Independent living*. A veteran who has pursued a program of
independent living services will be considered rehabilitated when all
goals of the program have been achieved, or if not achieved, when:

\(1\) The veteran, nevertheless, has attained a substantial increase in
the level of independence with the program assistance provided;

\(2\) The veteran has maintained the increased level of independence for
at least 60 days; and

\(3\) Further assistance is unlikely to significantly increase the
veteran's level of independence. (Authority: 38 U.S.C. 3101(1), (2),
3107)

\[58 FR 68768, Dec. 29, 1993\]

**Supplement *Highlights* reference**: 10(3)