§ 21.100 Counseling. ( a ) *General.* A veteran requesting or being furnished assistance under Chapter 31 shall be provided professional counseling services by Veteran Readiness and Employment (VR&E) Service and other staff as necessary to: ( 1 ) Carry out an initial evaluation in each case in which assistance is requested;
( 2 ) Develop a rehabilitation plan or plan for employment services in each case in which the veteran is found during the initial evaluation to be eligible and entitled to services;
( 3 ) Assist veterans found ineligible for services under Chapter 31 to the extent provided in § 21.82; and
( 4 ) Try to overcome problems which arise during the course of the veteran's rehabilitation program or program of employment services. (Authority: 38 U.S.C. 3101)
( b ) *Types of counseling services.* VA will furnish comprehensive counseling services, including but not limited to ( 1 ) Psychological;
( 2 ) Vocational;
( 3 ) Personal adjustment;
( 4 ) Employment;
( 5 ) Educational. (Authority: 38 U.S.C. 3104(a)(2))
( c ) *Qualifications.* Counseling services may only be furnished by VA or other personnel who meet requirements established under provisions of § 21.380 and other policies of the VA pertaining to the qualifications of staff providing assistance under Chapter 31. (Authority: 38 U.S.C. 3118)
( d ) *Limitations.* ( 1 ) If a veteran resides within a State, counseling services necessary to carry out the initial evaluation and the development of a rehabilitation plan or a program of employment services will be furnished by Counseling Psychologists (CP) or Vocational Rehabilitation Counselors (VRC) in the VR&E Division;
( 2 ) If a veteran does not reside in a State the counseling services necessary to carry out an initial evaluation may be accomplished in the same manner as for a veteran residing in a State or through other arrangements when deemed appropriate by the VR&E Division. These alternative arrangements include, but are not limited to: ( i ) Use of counseling centers or individual qualified professionals under contract to VA; and
( ii ) Professional staff of other Federal agencies located in the area in which the veteran resides.
( 3 ) Alternative arrangements to provide counseling are subject to the following requirements: ( i ) All arrangements must be consistent with the provisions of paragraph (c) of this section regarding utilization of professionally qualified persons to provide counseling services during the initial evaluation;
( ii ) All determinations of eligibility, entitlement and the development of a rehabilitation plan will continue to be made by a CP or VRC in the VR&E Division.
( 4 ) If a CP or VRC in the VR&E Division determines that the evidence of record is insufficient to carry out an initial evaluation in a case in which alternative arrangements were used, VA staff may authorize the veteran to travel to a VA facility to complete the evaluation. (Authority: 38 U.S.C. 3118(c))
( e ) *Definition.* For the purposes of this section, the term *State* means each of the several States, the District of Columbia, and the Commonwealth of Puerto Rico.
(Authority: 38 U.S.C. 101(20))
[49 FR 40814, Oct. 18, 1984, as amended at 54 FR 32071, Aug. 4, 1989; 62 FR 17708, Apr. 11, 1997; 81 FR 26132, May 2, 2016; 87 FR 8743, Feb. 16, 2022]