**§21.47 Eligibility for employment assistance.**

\(a\) *Providing employment services to veterans eligible for a
rehabilitation program under chapter 31.* Each veteran, other than one
found in need of a program of independent living services and
assistance, who is otherwise currently eligible for and entitled to
participate in a program of rehabilitation under chapter 31 may receive
employment services. Included are those veterans who:

\(1\) Have completed a program of rehabilitation services under chapter
31 and been declared rehabilitated to the point of employability;

\(2\) Have not completed a period of rehabilitation to the point of
employability under chapter 31, but:

\(i\) Have elected to secure employment without completing the period of
rehabilitation to the point of employability; and

\(ii\) Are employable; or

\(3\) Have never received services for rehabilitation to the point of
employability under chapter 31 if they:

\(i\) Are employable or employed in a suitable occupation;

\(ii\) Have an employment handicap or a serious employment handicap; and

\(iii\) Need employment services to secure and/or maintain suitable
employment. (Authority: 38 U.S.C. 3102)

\(b\) *Veteran previously participated in a VA vocational rehabilitation
program or a similar program under the Rehabilitation Act of 1973, as
amended.* A veteran who at some time in the past has participated in a
vocational rehabilitation program under chapter 31 or a similar program
under the Rehabilitation Act of 1973 as amended, and is employable is
eligible for employment services under the following conditions even
though he or she is ineligible for any other assistance under chapter
31:

\(1\) The veteran is employable in a suitable occupation;

\(2\) The veteran has filed a claim for vocational rehabilitation or
employment assistance;

\(3\) The veteran meets the criteria for eligibility described in
§21.40(a); and

\(4\) The veteran has an employment handicap or serious employment
handicap; and

\(5\) The veteran:

\(i\) Completed a vocational rehabilitation program under 38 U.S.C. ch.
31 or participated in such a program for at least 90 days on or after
September 16, 1940; or

\(ii\) Completed a vocational rehabilitation program under the
Rehabilitation Act of 1973 after September 26, 1975, or participated in
such a program which included at least 90 days of postsecondary
education or vocational training. (Authority: 38 U.S.C. 3117)

\(c\) *Veteran never received vocational rehabilitation services from
the Department of Veterans Affairs or under the Rehabilitation Act of
1973.* If a veteran is currently ineligible under chapter 31 because he
or she does not have an employment handicap, and has never before
participated in a vocational rehabilitation program under chapter 31 or
under the Rehabilitation Act of 1973, no employment assistance may now
be provided to the veteran under chapter 31. (Authority: 38 U.S.C. 3117)

\(d\) *Duration of period of employment assistance.* The periods during
which employment assistance may be provided are not subject to
limitations on periods of eligibility for vocational rehabilitation
provided in §§21.41 through 21.45 of this part, but entitlement to such
assistance is, as provided in §21.73 of this part, limited to 18 total
months of assistance. (Authority: 38 U.S.C. 3105)

\[54 FR 21215, May 17, 1989; 56 FR 15836, April 18, 1991\]