51286 Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations

(4) Amount billed,

(5) Determined allowable amount,

(6) To whom payment, if any, was

made, and

(7) Reasons for denial (if applicable).

(Paperwork requirements were approved by

the Office of Management and Budget under

control number 2900–0577.)

(Authority: 38 U.S.C. 101(2), 1801–1806)

§ 17.904 Review and appeal process.

If a health care provider, Vietnam

veteran’s child or representative

disagrees with a determination

concerning provision of health care or a

health care provider disagrees with a

determination concerning payment, the

person or entity may request

reconsideration. Such request must be

submitted in writing within one year of

the date of the initial determination to

the Chief, Administrative Division,

Health Administration Center, P.O. Box

65025, Denver, CO 80206–9025. The

request must state why it is concluded

that the decision is in error and must

include any new and relevant

information not previously considered.

Any request for reconsideration that

does not identify the reason for dispute

will be returned to the sender without

further consideration. After reviewing

the matter, including any relevant

supporting documentation, a benefits

advisor will issue a written

determination (with a statement of

findings and reasons) to the person or

entity seeking reconsideration that

affirms, reverses or modifies the

previous decision. If the person or entity

seeking reconsideration is still

dissatisfied, within 90 days of the date

of the decision he or she may make a

written request for review by the

Director, Health Administration Center,

P.O. Box 65025, Denver, CO 80206–

9025. The Director will review the claim

and any relevant supporting

documentation and issue a decision in

writing (with a statement of findings

and reasons) that affirms, reverses or

modifies the previous decision. An

appeal under this section would be

considered as filed the time it was

delivered to the VA or at the time it was

released for submission to the VA (for

example, this could be evidenced by the

postmark, if mailed).

Note to § 17.904: The final decision of the

Director will inform the claimant of further

appellate rights for an appeal to the Board of

Veterans Appeals.

(Paperwork requirements were approved by

the Office of Management and Budget under

control number 2900–0577.)

(Authority: 38 U.S.C. 101(2), 1801–1806)

§ 17.905 Medical records.

Copies of medical records generated

outside VA that relate to activities for

which VA is asked to provide payment,

and that VA determines are necessary to

adjudicate claims under §§ 17.900

through 17.905, must be provided to VA

at no cost.

(Authority: 38 U.S.C. 101(2), 1801–1806)

[FR Doc. 97–25664 Filed 9–29–97; 8:45 am]

BILLING CODE 8320–01–P

DEPARTMENT OF VETERANS

AFFAIRS

38 CFR Part 21

RIN 2900–AI72

Provision of Vocational Training and

Rehabilitation to Vietnam Veterans’

Children With Spina Bifida

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

SUMMARY: This document establishes

Department of Veterans Affairs (VA)

regulations for providing vocational

training and rehabilitation to Vietnam

veterans’ children with spina bifida.

This is necessary for providing

vocational training and rehabilitation to

these children under recently enacted

legislation that authorizes this benefit.

EFFECTIVE DATE: October 1, 1997.

FOR FURTHER INFORMATION CONTACT:

Charles A. Graffam, Veterans Claims

Examiner, Vocational Rehabilitation and

Counseling Service (28), Department of

Veterans Affairs, 810 Vermont Ave.,

NW, Washington, DC 20420; (202) 273–

7410.

SUPPLEMENTARY INFORMATION: In a

document published in the Federal

Register on July 1, 1997 (62 FR 35454),

we proposed to amend the Vocational

Rehabilitation and Education

regulations (38 U.S.C. part 21) to add a

new subpart M regarding the provision

of vocational training, services, and

assistance to Vietnam veterans’ children

with spina bifida. Spina bifida is a

congenital birth defect, characterized by

defective closure of the bones

surrounding the spinal cord. The spinal

cord and its covering (the meninges)

may protrude through the defect.

The provisions of 38 U.S.C. chapter

18 (Public Law 104–204, sections 421

and 422, September 26, 1996) provide

for three separate types of benefits for

Vietnam veterans’ children who suffer

from spina bifida: (1) Monthly monetary

allowances, (2) provision of health care

needed for the spina bifida or any

disability that is associated with such

condition, and (3) provision of

vocational training and rehabilitation.

This document establishes a final rule

to set forth a mechanism regarding

provision of vocational training and

rehabilitation to Vietnam veterans’

children with spina bifida.

We requested that comments on the

proposed rule be submitted on or before

September 2, 1997. We received five

comments. VA appreciates the

comments submitted in response to the

proposed rule. Based on the rationale

set forth in the proposed rule and this

document, the provisions of the

proposed rule are adopted with the

changes discussed below.

Comments regarding issues

concerning monthly monetary

allowances for Vietnam veterans’

children who suffer from spina bifida

and provision of health care for such

children are addressed in separate final

rules that specifically concern these

issues.

Commenters recommended that we

reimburse children for vocational

training received prior to October 1,

1997; pay for the purchase and ongoing

expenses of owning and operating a

vehicle; provide automobile adaptive

equipment; provide for specially

adapted housing; pay a subsistence

allowance to individuals receiving

vocational training; allow concurrent

receipt of benefits under 38 U.S.C.

chapter 35 and the vocational training

program; provide comprehensive

medical and dental care for conditions

unrelated to spina bifida; provide a

work-study program; and provide

vocational training for children of

certain individuals who do not meet the

statutory definition of the term

‘‘veteran.’’ No changes are made based

on these comments since VA has no

legal authority to do so.

Commenters asserted that benefits

should be provided to grandchildren

and other direct descendants of Vietnam

veterans. No changes are made based on

these comments. Under the provisions

of 38 U.S.C. 1801, benefits are limited

to natural children of a Vietnam veteran.

In our view, this includes only the

immediate offspring of a Vietnam

veteran and does not include

grandchildren or other descendants.

One commenter asserted that all

Vietnam veterans’ children suffering

from spina bifida should receive

vocational training and that there

should be a gradation of vocational

training benefits based on disability so

that the most in need would receive the

maximum benefit. No changes are made

based on this comment. The vocational

training regulations are designed to

provide for training based on the
Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations 51287

individual capabilities of those who

suffer from spina bifida. Thus, each

child will receive only those services

needed and the level of services will

accord with the needs of the individual

child. Even so, not all Vietnam veterans’

children who suffer from spina bifida

will be eligible for vocational training.

The statutory authority limits vocational

training to children for whom VA has

found that achievement of a vocational

goal is reasonably feasible.

The provisions of proposed § 21.8050

stated that VA may provide to

vocational training program participants

vocationally oriented independent

living services, but only to the extent

that the services are indispensable to the

achievement of the vocational goal and

do not constitute a significant portion of

the services to be provided. Commenters

asserted that VA should provide a full

range of independent living services for

children seeking vocational training. In

this regard, one commenter asserted that

the terms ‘‘indispensable’’ and

‘‘significant portion’’ are not sufficiently

precise and would not allow for

adequate independent living services.

More specifically the commenter

asserted that the regulation should

allow independent living services as

long as they do not constitute a majority

of the vocational rehabilitation services

provided.

No changes are made based on these

comments. We believe that the current

language should be retained. Under the

provisions of 38 U.S.C. 1804(c)(1)(A), a

child’s program is to consist of

vocationally oriented services and

training. Thus, the focus of a child’s

program must be on vocational training.

Taking extensive time for independent

living services would hamper the ability

to achieve a vocational goal. Further, it

is unlikely that a child who requires a

significant amount of independent

living services would meet the criteria

for entrance into a vocational training

program; i.e., it must be reasonably

feasible for the child to achieve a

vocational goal.

Two commenters questioned whether

the vocational training could include

professional training. Under the

provisions of 38 U.S.C. 1804, the

training may include a program of

education at an institution of higher

education if the program of education is

predominantly vocational in content

and the vocational goal can be achieved

within 24 months.

Commenters asserted that the final

rule should allow for further training

after the initial training. Proposed

§ 21.8072(b) already provided for

additional training. It provided that a

child who has previously achieved a

vocational goal in a vocational training

program may not receive additional

training unless a counseling

psychologist or a vocational

rehabilitation counselor sets aside the

child’s achievement of that vocational

goal based on a finding under

§ 21.8284(a) that ‘‘the child’s disability

has worsened to the extent that he or

she can no longer perform the duties of

the occupation which was the child’s

vocational goal’’ or under § 21.8284(b)

that ‘‘[t]he occupation that was the

child’s vocational goal * * * is now

unsuitable.’’

A commenter asserted that additional

training should be allowed for the other

reasons stated in § 21.8284(c) through

(e); i.e.:

‘‘(c) The vocational training program

services and assistance the child

originally received are now inadequate

to make the child employable in the

occupation which he or she sought to

achieve;

‘‘(d) Experience has demonstrated that

VA should not reasonably have

expected employment in the objective

or field for which the child received

vocational training program services

and assistance; or

‘‘(e) Technological change that

occurred after the child achieved a

vocational goal under this subpart now

prevents the child from:

‘‘(1) Performing the duties of the

occupation for which VA provided

training, services, or assistance, or in a

related occupation; or

‘‘(2) Securing employment in the

occupation for which VA provided

training, services, or assistance, or in a

related occupation.’’

We agree that the provisions of

paragraphs (c) through (e) in § 21.8284

set forth appropriate bases for allowing

additional vocational training. The final

rule in § 21.8072 is changed

accordingly.

Proposed § 21.8370 provided for VA

to reimburse certain children for the

actual cost of transportation necessary

for the child to pursue a vocational

training program (and for a limited

period thereafter), not to exceed $70 per

month. Three commenters asserted that

the maximum amount should be

increased. Two of them suggested an

amount, $200 per month. We agree that

that the maximum amount should be

increased to $200 per month and a

corresponding change is made to the

final rule. This amount would more

closely compare to maximum amounts

paid veterans for costs of transportation

under the vocational rehabilitation

program authorized under 38 U.S.C.

chapter 31.

The provisions of § 21.8080 state that

a counseling psychologist or vocational

rehabilitation counselor will work in

consultation with each eligible child to

develop an individualized written plan

of services and assistance to meet the

child’s vocational training needs. One

commenter asserted that this would

limit the child’s freedom of choice for

training opportunities. No changes are

made based on this comment. Under the

provisions of the regulations, the child

will be an active participant in the

decisionmaking. However, the

determination of the counseling

psychologist or vocational rehabilitation

counselor is essential to ensure that the

vocational training is reasonable and

appropriate for the child’s condition.

One comment asserted that the final

rule should require VA to utilize

vocational rehabilitation specialists,

vocational rehabilitation counselors,

and counseling psychologists who have

substantial experience in serving

persons with developmental disabilities.

The comment further asserted that the

final rule should state that VA will

contract for such services if they are

unavailable within VA. No changes are

made based on this comment. VA is

committed to providing competent and

comprehensive services. The regulations

provide for certain determinations to be

made by counseling psychologists,

vocation rehabilitation counselors, or

vocational rehabilitation specialists.

When VA determines that it is necessary

to contract for services of individuals to

gain additional expertise in

developmental disabilities, VA intends

to exercise its authority to do so.

However, there is no need to address

these internal issues in the regulations.

One commenter stated that insofar as

authorized by the child, the evaluation

for vocational training should include

all pertinent records that have been

developed outside VA; e.g., school

transcripts, counseling records, personal

assessments. No changes are made

based on this comment. VA uses all

available resources in evaluating

claimants, including non-VA records

authorized by affected individuals.

Commenters asserted that the

vocational training regulations should

specifically set forth the appeal rights

for adverse decisions. Commenters

further asserted that the appeal rights

should be the same as for other VA

claimants. No changes are made based

on these comments. The provisions of

§ 21.8380 make applicable the informal

appeal rights of § 21.420. Also,

§§ 21.420(d) and 21.59 inform claimants

of additional appeal rights to the Board

of Veterans’ Appeals. These appeal
51288 Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations

rights are comparable to appeal rights in

other VA programs.

One commenter objected to the

establishment of regulations that

separately address: (1) Monthly

monetary allowances, (2) provision of

health care needed for the spina bifida

or any disability that is associated with

such condition, and (3) provision of

vocational training and rehabilitation.

The commenter asserted that this

approach ignored ‘‘internal

coordination.’’ No changes are made

based on this comment. The regulations

are consistent with the provisions of 38

U.S.C. chapter 18 which specify three

separate types of benefits for Vietnam

veterans’ children who suffer from spina

bifida.

For the sake of clarity, we have made

some nonsubstantive editorial changes

to the proposed language.

Administrative Procedure Act

There is good cause for making this

final rule effective without regard to a

30-day delay. This final rule does not

adversely affect anyone and the affected

children need the benefits from the rule

as soon as possible.

Paperwork Reduction Act

Information collection and

recordkeeping requirements associated

with this final rule (38 CFR 21.8014,

21.8016, and 21.8370) have been

approved by the Office of Management

and Budget (OMB) under the provisions

of the Paperwork Reduction Act (44

U.S.C. 3501–3520) and have been

assigned OMB control numbers 2900–

0579, 2900–0581, and 2900–0580;

respectively.

Section 21.8014 will prescribe the

information to be submitted for an

application for a Vietnam veteran’s

child suffering from spina bifida to

participate in a VA vocational training

program. It will establish a requirement

that a child with spina bifida submit an

application for vocational training to be

considered for this benefit. VA needs to

know sufficient identifying information

about the applicant and the applicant’s

natural parent who was a Vietnam

veteran to be able to relate the claim to

other existing VA records. The

information collected allows the

Vocational Rehabilitation and

Counseling (VR&C) Division to review

the existing records and to set up an

appointment for an applicant to meet

with a VR&C staff member to evaluate

the claim.

Section 21.8016 will require a written

election, and permit a written

reelection, of which benefit a child with

spina bifida wants to receive if the child

is eligible for training under both 38

U.S.C. chapter 35 and Vocational

Training Benefits for Vietnam Veterans’

Children for Spina Bifida. 38 U.S.C.

1804(e)(1) specifically bars the

concurrent receipt of benefits under

these two programs. VA will use the

collected information to provide the

benefit the child wants to receive.

Section 21.8370 will permit a child

receiving vocational training to request

VA reimbursement for certain

transportation costs and will require

submission of supporting

documentation to receive

reimbursement. VA must determine that

the child would be unable to pursue

training or employment without this

assistance. A child must specifically

request VA assistance with

transportation expenses. This allows VA

to investigate the child’s situation to

establish that the child would be unable

to pursue training or employment

without VA travel assistance. To receive

payment, the child must provide

supportive documentation of actual

expenses incurred for the travel. This

prevents VA from making payment

erroneously or for fraudulently claimed

travel.

OMB assigns a control number for

each collection of information it

approves. VA may not conduct or

sponsor, and a person is not required to

respond to, a collection of information

unless it displays a currently valid OMB

control number. The valid OMB control

number assigned to each collection of

information in this final rule is

displayed at the end of the affected

sections of the regulations.

Interested persons were invited to

submit comments on the collections of

information. However, no comments

were received.

Executive Order 12866

This final rule has been reviewed by

OMB under Executive Order 12866.

Regulatory Flexibility Act

The Secretary of Veterans Affairs

hereby certifies that this final rule will

not have a significant economic impact

on a substantial number of small entities

as they are defined in the Regulatory

Flexibility Act, 5 U.S.C. 601–612. It is

estimated that there are only between

600–2,000 Vietnam veterans’ children

who suffer from spina bifida. They are

widely dispersed geographically, and

the services provided to them will not

have a significant impact on any small

businesses. Moreover, the institutions

capable of providing appropriate

services and vocational training to

children with spina bifida generally are

large capitalization facilities. Therefore,

pursuant to 5 U.S.C. 605(b), this final

rule is exempt from the initial and final

regulatory flexibility analyses

requirements of sections 603 and 604.

There is no Catalog of Federal

Domestic Assistance program number

for this benefit.

List of Subjects in 38 CFR Part 21

Administrative practice and

procedure, Armed forces, Civil rights,

Claims, Colleges and universities,

Conflicts of interest, Defense

Department, Education, Employment,

Government contracts, Grant programseducation, Grant programs-veterans,

Health care, Loan programs-education,

Loan programs-veterans, Manpower

training programs, Personnel training

programs, Reporting and recordkeeping

requirements, Schools, Travel and

transportation expenses, Veterans,

Vocational education, Vocational

rehabilitation.

Approved: September 16, 1997.

Hershel W. Gober,

Acting Secretary of Veterans Affairs.

For the reasons set forth in the

preamble, 38 CFR part 21 is amended as

set forth below:

PART 21—VOCATIONAL

REHABILITATION AND EDUCATION

In part 21, subpart M is added to read

as follows:

Subpart M—Vocational Training and

Rehabilitation for Vietnam Veterans’

Children With Spina Bifida

Sec.

General

21.8010 Vocational training program for

certain Vietnam veterans’ children with

spina bifida.

21.8012 Definitions and abbreviations.

21.8014 Application.

21.8016 Nonduplication of benefits.

Basic Entitlement Requirements

21.8020 Entitlement to vocational training

and employment assistance.

21.8022 Entry and reentry.

Evaluation

21.8030 Requirement for evaluation of

child.

21.8032 Evaluations.

Services and Assistance to Program

Participants

21.8050 Scope of training, services, and

assistance.

Duration of Training

21.8070 Basic duration of a vocational

training program.

21.8072 Authorizing training, services, and

assistance beyond the initial

individualized written plan of vocational

rehabilitation.
Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations 51289

21.8074 Computing the period for

vocational training program

participation.

Individualized Written Plan of Vocational

Rehabilitation

21.8080 Requirement for an individualized

written plan of vocational rehabilitation.

21.8082 Inability of child to complete

individualized written plan of vocational

rehabilitation or achieve vocational goal.

Counseling

21.8100 Counseling.

Vocational Training, Services, and

Assistance

21.8120 Vocational training, services, and

assistance.

Evaluation and Improvement of Vocational

Potential

21.8140 Evaluation and improvement of

vocational potential.

Supplies

21.8210 Supplies.

Program Costs

21.8260 Training, services, and assistance

costs.

Vocational Training Program Entrance,

Termination, and Resources

21.8280 Effective date of induction into a

vocational training program.

21.8282 Termination of a vocational

training program.

21.8284 Additional vocational training.

21.8286 Training resources.

Rate of Pursuit

21.8310 Rate of pursuit.

Authorization of Services

21.8320 Authorization of services.

Leaves of Absence

21.8340 Leaves of absence.

Satisfactory Conduct and Cooperation

21.8360 Satisfactory conduct and

cooperation.

Transportation Services

21.8370 Authorization of transportation

services.

Additional Applicable Regulations

21.8380 Additional applicable regulations.

Delegation of Authority

21.8410 Delegation of authority.

Subpart M—Vocational Training and

Rehabilitation for Vietnam Veterans’

Children With Spina Bifida

Authority: 38 U.S.C. 101, 501, 512, 1151

note, 1801–1806, 5112, unless otherwise

noted.

General

§ 21.8010 Vocational training program for

certain Vietnam veterans’ children with

spina bifida.

VA will provide an evaluation to a

Vietnam veteran’s child who VA has

determined under § 3.814 of this title

suffers from spina bifida. If this

evaluation establishes that it is feasible

for the child to achieve a vocational

goal, VA will provide the child with the

vocational training, employment

assistance, and other related

rehabilitation services authorized by

this subpart that VA finds the child

needs to enable the child to achieve a

vocational goal, including employment.

(Authority: 38 U.S.C. 1804)

§ 21.8012 Definitions and abbreviations.

(a) Program-specific definitions and

abbreviations. For the purposes of this

subpart:

Child has the same meaning as

§ 3.814(c) of this title provides.

Employment assistance means

employment counseling, placement and

post-placement services, and personal

and work adjustment training.

Institution of higher education has the

same meaning that § 21.4200 provides

for the term institution of higher

learning.

Program of employment services

means the services a child may receive

if the child’s entire program consists

only of employment assistance.

Program participant means a child

who, following an evaluation in which

VA finds the child’s achievement of a

vocational goal is reasonably feasible,

elects to participate in a vocational

training program under this subpart.

Spina bifida means any form and

manifestation of spina bifida except

spina bifida occulta.

Vietnam veteran has the same

meaning as § 3.814(c) of this title

provides.

Vocational training program means

the vocationally oriented training

services, and assistance, including

placement and post-placement services,

and personal and work-adjustment

training that VA finds necessary to

enable the child to prepare for and

participate in vocational training or

employment. A vocational training

program may include a program of

education offered by an institution of

higher education only if the program is

predominantly vocational in content.

VR&C refers to the Vocational

Rehabilitation and Counseling activity

(usually a division) in a Veterans

Benefits Administration regional office,

the staff members of that activity in the

regional office or in outbased locations,

and the services that activity provides.

(Authority: 38 U.S.C. 101, 1801, 1802, 1804)

(b) Other terms and abbreviations.

The following terms and abbreviations

have the same meaning or explanation

that § 21.35 provides:

(1) CP (Counseling psychologist);

(2) Program of education;

(3) Rehabilitation facility;

(4) School, educational institution, or

institution;

(5) Training establishment;

(6) Vocational goal;

(7) VRC (Vocational rehabilitation

counselor);

(8) VRS (Vocational rehabilitation

specialist); and

(9) Workshop.

(Authority: 38 U.S.C. 1801, 1804)

§ 21.8014 Application.

(a) Filing an application. To

participate in a vocational training

program, the child (or the child’s parent

or guardian, an authorized

representative, or a Member of Congress

acting on behalf of the child) must file

an application. An application is a

request for an evaluation of the

feasibility of the child’s achievement of

a vocational goal and, if a CP or VRC

determines that achievement of a

vocational goal is feasible, for

participation in a vocational training

program. The application may be in any

form, but it must:

(1) Be in writing over the signature of

the applicant or the individual applying

on the child’s behalf;

(2) Provide the child’s full name,

address, and VA claim number, if any,

and the Vietnam veteran’s full name and

Social Security number or VA claim

number, if any; and

(3) Clearly identify the benefit sought.

(Authority: 38 U.S.C. 1804(a)).

(b) Time for filing. An application

under this subpart may be filed at any

time after September 30, 1997.

(Paperwork requirements were approved by

the Office of Management and Budget under

control number 2900–0579.)

(Authority: 38 U.S.C. 1801, 1804)

§ 21.8016 Nonduplication of benefits.

(a) Election of benefits—chapter 35. A

child may not receive benefits

concurrently under 38 U.S.C. chapter 35

and under this subpart. If the child is

eligible for both benefits, he or she must

elect in writing which benefit to receive.

(Authority: 38 U.S.C. 1804(e)(1))

(b) Reelections of benefits—chapter

35. A child receiving benefits under this

subpart or under 38 U.S.C. chapter 35
51290 Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations

may change his or her election at any

time. A reelection between benefits

under this subpart and under 38 U.S.C.

chapter 35 must be prospective,

however, and may not result in a child

receiving benefits under both programs

for the same period of training.

(Authority: 38 U.S.C. 1804(e)(1))

(c) Length of benefits under multiple

programs—chapter 35. The aggregate

period for which a child may receive

assistance under this subpart and under

38 U.S.C. chapter 35 together may not

exceed 48 months of full-time training

or the part-time equivalent.

(Paperwork requirements were approved by

the Office of Management and Budget under

control number 2900–0581.)

(Authority: 38 U.S.C. 1804(e)(2))

Basic Entitlement Requirements

§ 21.8020 Entitlement to vocational

training and employment assistance.

(a) Basic entitlement requirements.

Under this subpart, for a child to receive

vocational training, employment

assistance, and related rehabilitation

services and assistance to achieve a

vocational goal (to include

employment), the following

requirements must be met:

(1) A CP or VRC must determine that

achievement of a vocational goal by the

child is reasonably feasible; and

(2) The child and VR&C staff members

must work together to develop and then

agree to an individualized written plan

of vocational rehabilitation identifying

the vocational goal and the means to

achieve this goal.

(Authority: 38 U.S.C. 1804(b))

(b) Services and assistance. A child

found eligible and entitled to be a

vocational training program participant

may receive the services and assistance

described in § 21.8050(a). The following

sections in subpart A of this part apply

to the provision of these services and

assistance in a manner comparable to

their application for a veteran under

that subpart:

(1) Section 21.250(a) and (b)(2);

(2) Section 21.252;

(3) Section 21.254;

(4) Section 21.256 (not including

paragraph (e)(2);

(5) Section 21.257; and

(6) Section 21.258.

(Authority: 38 U.S.C. 1804)

(c) Requirements to receive

employment services and assistance.

VA will provide employment services

and assistance under paragraph (b) of

this section only if the child:

(1) Has achieved a vocational

objective;

(2) Has voluntarily ceased vocational

training under this subpart, but the case

manager finds the child has attained

sufficient skills to be employable; or

(3) VA determines during evaluation

that the child already has the skills

necessary for suitable employment and

does not need additional training, but to

secure suitable employment the child

does need the employment assistance

that paragraph (b) of this section

describes.

(Authority: 38 U.S.C. 1804)

(d) Additional employment services

and assistance. If a child has received

employment assistance and obtains a

suitable job, but VA later finds the child

needs additional employment services

and assistance, VA may provide the

child with these services and assistance

if, and to the extent, the child has

remaining program entitlement.

(Authority: 38 U.S.C. 1804)

(e) Program entitlement usage—(1)

Basic entitlement period. A child will be

entitled to receive 24 months of fulltime training, services, and assistance

(including employment assistance) or

the part-time equivalent, as part of a

vocational training program.

(2) Extension of basic entitlement

period. The child may receive an

extension of the basic 24-month

entitlement period, not to exceed

another 24 months of full-time program

participation or the part-time

equivalent. VA may authorize an

extension only if VA first determines

that:

(i) The extension is necessary for the

child to achieve a vocational goal

identified before the end of the basic 24-

month entitlement period; and

(ii) The child can achieve the

vocational goal within the extended

period.

(3) Principles for charging

entitlement. VA will charge entitlement

usage for training, services, or assistance

(but not the initial evaluation, as

described in § 21.8032) on the same

basis as VA would charge entitlement

usage for providing the same training,

services, or assistance to a veteran in a

vocational rehabilitation program under

38 U.S.C. chapter 31. VA may charge

entitlement at a half-time, three-quartertime, or full-time rate based upon the

child’s training time using the rate of

pursuit criteria in § 21.8310. The

provisions concerning reduced work

tolerance under § 21.312 or less than

half-time training under § 21.314 do not

apply under this subpart.

(Authority: 38 U.S.C. 1804)

§ 21.8022 Entry and reentry.

(a) Dates of entry. VA may not

evaluate a child for a vocational training

program before the later of the following

dates:

(1) The date VA first receives an

application for a vocational training

program for the child; or

(2) October 1, 1997.

(Authority: 38 U.S.C. 1151 note, 1804, 1806)

(b) Reentry. If a child interrupts or

ends pursuit of a vocational training

program and VA subsequently allows

the child to reenter the program, the

date of reentrance will accord with the

facts, but may not precede the date VA

receives an application for the

reentrance.

(Authority: 38 U.S.C. 1804)

Evaluation

§ 21.8030 Requirement for evaluation of

child.

(a) Children to be evaluated. The

VR&C Division will evaluate each child

who:

(1) Applies for a vocational training

program; and

(2) Has been determined under

§ 3.814 of this title to suffer from spina

bifida.

(Authority: 38 U.S.C. 1804(a))

(b) Purpose of evaluation. The

evaluation has two purposes:

(1) To ascertain whether achievement

of a vocational goal by the child is

reasonably feasible; and

(2) If a vocational goal is reasonably

feasible, to develop an individualized

plan of integrated training, services, and

assistance that the child needs to

prepare for and participate in vocational

training or employment.

(Authority: 38 U.S.C. 1804)

§ 21.8032 Evaluations.

(a) Scope and nature of evaluation.

The scope and nature of the evaluation

under this program will be comparable

to an evaluation of the reasonable

feasibility of achieving a vocational goal

for a veteran under 38 U.S.C. chapter 31

and §§ 21.50(b)(5) and 21.53(b) and (d).

(Authority: 38 U.S.C. 1804(a))

(b) Specific services to determine the

reasonable feasibility of achieving a

vocational goal. As a part of the

evaluation of reasonable feasibility of

achieving a vocational goal, VA may

provide the following specific services,

as appropriate:

(1) Assessment of feasibility by a CP

or VRC;

(2) Review of feasibility assessment

and of need for special services by the

Vocational Rehabilitation Panel;
Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations 51291

(3) Provision of medical, testing, and

other diagnostic services to ascertain the

child’s capacity for training and

employment; and

(4) Evaluation of employability by

professional staff of an educational or

rehabilitation facility, for a period not to

exceed 30 days.

(Authority: 38 U.S.C. 1804(a))

(c) Responsibility for evaluation. A CP

or VRC will make all determinations as

to the reasonable feasibility of achieving

a vocational goal.

(Authority: 38 U.S.C. 1804(a), (b))

Services and Assistance to Program

Participants

§ 21.8050 Scope of training, services, and

assistance.

(a) Allowable training, services, and

assistance. VA may provide to

vocational training program

participants:

(1) Vocationally oriented training,

services, and assistance, to include:

(i) Training in an institution of higher

education if the program is

predominantly vocational; and

(ii) Tuition, fees, books, equipment,

supplies, and handling charges.

(2) Employment assistance including:

(i) Vocational, psychological,

employment, and personal adjustment

counseling;

(ii) Services to place the individual in

suitable employment and postplacement services necessary to ensure

satisfactory adjustment in employment;

and

(iii) Personal adjustment and work

adjustment training.

(3) Vocationally oriented independent

living services only to the extent that

the services are indispensable to the

achievement of the vocational goal and

do not constitute a significant portion of

the services to be provided.

(4) Other vocationally oriented

services and assistance of the kind VA

provides veterans under the 38 U.S.C.

chapter 31 program, except as paragraph

(c) of this section provides, that VA

determines the program participant

needs to prepare for and take part in

vocational training or in employment.

(Authority: 38 U.S.C. 1804(c))

(b) Vocational training program. VA

will provide either directly or by

contract, agreement, or arrangement

with another entity, and at no cost to the

beneficiary, the vocationally oriented

training, other services, and assistance

that VA approves for the individual

child’s program under this subpart.

Authorization and payment for

approved services will be made in a

comparable manner to that VA provides

for veterans under the 38 U.S.C. chapter

31 program.

(Authority: 38 U.S.C. 1804(c))

(c) Prohibited services and assistance.

VA may not provide to a vocational

training program participant any:

(1) Loan;

(2) Subsistence allowance;

(3) Automobile adaptive equipment;

(4) Training at an institution of higher

education in a program of education

that is not predominantly vocational in

content;

(5) Employment adjustment

allowance;

(6) Room and board in a special

rehabilitation facility for a period in

excess of 30 days; or

(7) Independent living services,

except those that are incidental to the

pursuit of the vocational training

program.

(Authority: 38 U.S.C. 1804(c))

Duration of Vocational Training

§ 21.8070 Basic duration of a vocational

training program.

(a) Basic duration of a vocational

training program. The duration of a

vocational training program, as

§ 21.8020(e)(1) and (e)(2) provide, may

not exceed 24 months of full-time

training, services, and assistance or the

part-time equivalent, except as

§ 21.8072 allows.

(Authority: 38 U.S.C. 1804(d))

(b) Responsibility for estimating the

duration of a vocational training

program. While preparing the

individualized written plan of

vocational rehabilitation, the CP or VRC

will estimate the time the child needs to

complete a vocational training program.

(Authority: 38 U.S.C. 1804(c))

(c) Duration and scope of training

must meet general requirements for

entry into the selected occupation. The

child will receive training, services, and

assistance, as § 21.8120 describes, for a

period that VA determines the child

needs to reach the level employers

generally recognize as necessary for

entry into employment in a suitable

occupational objective.

(Authority: 38 U.S.C. 1804(c))

(d) Approval of training beyond the

entry level. To qualify for employment

in a particular occupation, the child

may need training that exceeds the

amount a person generally needs for

employment in that occupation. VA will

provide the necessary additional

training under one or more of the

following conditions:

(1) Training requirements for

employment in the child’s vocational

goal in the area where the child lives or

will seek employment exceed those job

seekers generally need for that type of

employment;

(2) The child is preparing for a type

of employment in which he or she will

be at a definite disadvantage in

competing with nondisabled persons

and the additional training will offset

the competitive disadvantage;

(3) The choice of a feasible occupation

is limited, and additional training will

enhance the child’s employability in

one of the feasible occupations; or

(4) The number of employment

opportunities within a feasible

occupation is restricted.

(Authority: 38 U.S.C. 1804(c))

(e) Estimating the duration of the

training period. In estimating the length

of the training period the child needs,

the CP or VRC must determine that:

(1) The proposed vocational training

would not normally require a person

without a disability more than 24

months of full-time pursuit, or the parttime equivalent, for successful

completion; and

(2) The program of training and other

services the child needs, based upon

VA’s evaluation, will not exceed 24

months or the part-time equivalent. In

calculating the proposed program’s

length, the CP or VRC will follow the

procedures in § 21.8074(a).

(Authority: 38 U.S.C. 1804(d))

(f) Required selection of an

appropriate vocational goal. If the total

period the child would require for

completion of an initial vocational

training program in paragraph (e) of this

section is more than 24 months, or the

part-time equivalent, the CP or VRC

must work with the child to select

another suitable initial vocational goal.

(Authority: 38 U.S.C. 1804(d)(2))

§ 21.8072 Authorizing training, services,

and assistance beyond the initial

individualized written plan of vocational

rehabilitation.

(a) Extension of the duration of a

vocational training program. VA may

authorize an extension of a vocational

training program when necessary to

provide additional training, services,

and assistance to enable the child to

achieve the vocational or employment

goal identified before the end of the

child’s basic entitlement period, as

stated in the individualized written plan

of vocational rehabilitation under

§ 21.8080. A change from one

occupational objective to another in the

same field or occupational family meets

the criterion for prior identification in

the individualized written plan of

vocational rehabilitation.
51292 Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations

(Authority: 38 U.S.C. 1804(d)(2), (e)(2))

(b) Extensions for prior participants in

the program. (1) Except as paragraph

(b)(2) of this section provides, VA may

authorize additional training, limited to

the use of remaining program

entitlement including any allowable

extension, for a child who previously

participated in vocational training

under this subpart. The additional

training must:

(i) Be designed to enable the child to

complete the prior vocational goal or a

different vocational goal; and

(ii) Meet the same provisions as apply

to training for new participants.

(2) A child who has previously

achieved a vocational goal in a

vocational training program under this

subpart may not receive additional

training under paragraph (b)(1) of this

section unless a CP or VRC sets aside

the child’s achievement of that

vocational goal under § 21.8284.

(Authority: 38 U.S.C. 1804(b) through (e))

(c) Responsibility for authorizing a

program extension. A CP or VRC may

approve extensions of the vocational

training program the child is pursuing

up to the maximum program limit of 48

months if the CP or VRC determines that

the child needs the additional time to

successfully complete training and

obtain employment, and the following

conditions are met:

(1) The child has completed more

than half of the planned training; and

(2) The child is making satisfactory

progress.

(Authority: 38 U.S.C. 1804(d)(2))

§ 21.8074 Computing the period for

vocational training program participation.

(a) Computing the participation

period. To compute the number of

months and days of a child’s

participation in a vocational training

program:

(1) Count the number of actual

months and days of the child’s:

(i) Pursuit of vocational education or

training;

(ii) Receipt of extended evaluationtype services and training, or services

and training to enable the child to

prepare for vocational training or

employment, if a veteran in a 38 U.S.C.

chapter 31 program would have

received a subsistence allowance while

receiving the same type of services and

training; and

(iii) Receipt of employment and postemployment services (any period of

employment or post-employment

services is considered full-time program

pursuit).

(2) Do not count:

(i) The initial evaluation period;

(ii) Any period before the child enters

a vocational training program under this

subpart;

(iii) Days of authorized leave; and

(iv) Other periods during which the

child will not pursue training, such as

periods between terms.

(3) Convert part-time training periods

to full-time equivalents.

(4) Total the months and days under

paragraphs (a)(1) through (a)(3) of this

section. This sum is the period of the

child’s participation in the program.

(Authority: 38 U.S.C. 1804(d))

(b) Consistency with principles for

charging entitlement. Computation of

the program participation period under

this section will be consistent with the

principles for charging entitlement

under § 21.8020.

(Authority: 38 U.S.C. 1804(d))

Individualized Written Plan of

Vocational Rehabilitation

§ 21.8080 Requirement for an

individualized written plan of vocational

rehabilitation.

(a) General. A CP or VRC will work

in consultation with each child for

whom a vocational goal is feasible to

develop an individualized written plan

of vocational rehabilitation services and

assistance to meet the child’s vocational

training needs. The CP or VRC will

develop this individualized written plan

of vocational rehabilitation in a manner

comparable to the rules governing the

development of an individualized

written rehabilitation plan (IWRP) for a

veteran for 38 U.S.C. chapter 31

purposes, as §§ 21.80, 21.84, 21.88,

21.90, 21.92, 21.94 (a) through (d), and

21.96 provide.

(Authority: 38 U.S.C. 1804(b))

(b) Selecting the type of training to

include in the individualized written

plan of vocational rehabilitation. If

training is necessary, the CP or VRC will

explore a range of possibilities, to

include paid and unpaid on-job

training, institutional training, and a

combination of on-job and institutional

training to accomplish the goals of the

program. Generally, a child’s program

should include on-job training, or a

combination of on-job and institutional

training, when this training:

(1) Is available;

(2) Is as suitable as using only

institutional training for accomplishing

the goals of the program; and

(3) Will meet the child’s vocational

training program needs.

(Authority: 38 U.S.C. 1804(b), (c))

§ 21.8082 Inability of child to complete

individualized written plan of vocational

rehabilitation or achieve vocational goal.

(a) Inability to timely complete an

individualized written plan of

vocational rehabilitation or achieve

identified goal. After a vocational

training program has begun, the VR&C

case manager may determine that the

child cannot complete the vocational

training program described in the

child’s individualized written plan of

vocational rehabilitation within the time

limits of the individualized written plan

of vocational rehabilitation or cannot

achieve the child’s identified vocational

goal. Subject to paragraph (b) of this

section, VR&C may assist the child in

revising or selecting a new

individualized written plan of

vocational rehabilitation or goal.

(b) Allowable changes in the

individualized written plan of

vocational rehabilitation or goal. Any

change in the child’s individualized

written plan of vocational rehabilitation

or vocational goal is subject to the

child’s continuing eligibility under the

vocational training program and the

provisions governing duration of a

vocational training program in

§§ 21.8020(c) and 21.8070 through

21.8074.

(Authority: 38 U.S.C. 1804(d), 1804(e))

(c) Change in the individualized

written plan of vocational rehabilitation

or vocational goal. (1) The

individualized written plan of

vocational rehabilitation or vocational

goal may be changed under the same

conditions as provided for a veteran

under § 21.94 (a) through (d), and

subject to § 21.8070 (d) through (f), if:

(i) The CP or VRC determines that

achievement of a vocational goal is still

reasonably feasible and that the new

individualized written plan of

vocational rehabilitation or goal is

necessary to enable the child to prepare

for and participate in vocational training

or employment; and

(ii) Reentrance is authorized under

§ 21.8284 in a case when the child has

completed a vocational training program

under this subpart.

(2) A CP or VRC may approve a

change of vocational goal from one field

or occupational family to another field

or occupational family if the child can

achieve the new goal:

(i) Before the end of the basic 24-

month entitlement period that

§ 21.8020(c)(1) describes; or

(ii) Before the end of any allowable

extension under §§ 21.8020(c)(2) and

21.8072 if the new vocational goal in

another field or occupational family was
Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations 51293

identified during the basic 24-month

entitlement period.

(3) A change from one occupational

objective to another in the same field or

occupational family does not change the

planned vocational goal.

(4) The child must have sufficient

remaining entitlement to pursue the

new individualized written plan of

vocational rehabilitation or goal, as

§ 21.8020 provides.

(Authority: 38 U.S.C. 1804(d))

(d) Assistance if child terminates

planned program before completion. If

the child elects to terminate the planned

vocational training program, he or she

will receive the assistance that

§ 21.80(d) provides in identifying other

resources through which to secure the

desired training or employment.

(Authority: 38 U.S.C. 1804(c))

Counseling

§ 21.8100 Counseling.

A child requesting or receiving

services and assistance under this

subpart will receive professional

counseling by VR&C and other qualified

VA staff members, and by contract

counseling providers, as necessary, in a

manner comparable to VA’s provision of

these services to veterans under the 38

U.S.C. chapter 31 program, as §§ 21.100

and 21.380 provide.

(Authority: 38 U.S.C. 1803(c)(8), 1804(c))

Vocational Training, Services, and

Assistance

§ 21.8120 Vocational training, services,

and assistance.

(a) Purposes. A child eligible for a

vocational training program may receive

training, services, and assistance to

enable the child to prepare for and

participate in vocational training or

employment.

(Authority: 38 U.S.C. 1804(b), (c))

(b) Training permitted. VA and the

child will select vocationally oriented

courses of study and training,

completion of which usually results in

a diploma, certificate, degree,

qualification for licensure, or direct

placement in employment. The

educational and training services to be

provided include:

(1) Remedial, deficiency, and

refresher training; and

(2) Training that leads to an

identifiable vocational goal. Under this

program, VA may authorize all forms of

programs that §§ 21.122 through 21.132

describe. This includes education and

training programs in institutions of

higher education. VA may authorize the

education and training at an

undergraduate or graduate degree level,

only if the degree program is

predominantly vocational in nature. For

a child to participate in a graduate

degree program, the graduate degree

must be a requirement for entry into the

child’s vocational goal. For example, a

master’s degree is required to engage in

social work. The program of training is

predominantly vocational in content if

the majority of the instruction provides

the technical skills and knowledge

employers generally regard as specific

to, and required for, entry into the

child’s vocational goal.

(c) Cost of education and training

services. The CP or VRC will consider

the cost of training in selecting a facility

when:

(1) There is more than one facility in

the area in which the child resides that:

(i) Meets the requirements for

approval under §§ 21.290 through

21.298 (except as provided by

§ 21.8286(b)),

(ii) Can provide the training, services

and other supportive assistance the

child’s individualized written plan of

vocational rehabilitation specifies, and

(iii) Is within reasonable commuting

distance; or

(2) The child wishes to train at a

suitable facility in another area, even

though a suitable facility in the area

where the child lives can provide the

training. In considering the costs of

providing training in this case, VA will

use the provisions of § 21.120 (except

21.120(a)(3)), § 21.370 (however, the

words ‘‘under § 21.282’’ in

§ 21.370(b)(2)(iii)(B) do not apply), and

§ 21.372 in a manner comparable to that

for veterans under the 38 U.S.C. chapter

31 program.

(Authority: 38 U.S.C. 1804(b), (c))

(d) Accessible courses not locally

available. If suitable vocational training

courses are not available in the area in

which the child lives, or if they are

available but not accessible to the child,

VA may make other arrangements.

These arrangements may include, but

are not limited to:

(1) Transportation of the child, but

not the child’s family, personal effects,

or household belongings, to another area

where necessary services are available;

or

(2) Use of an individual instructor to

provide necessary training in a manner

comparable to that for veterans under

the 38 U.S.C. chapter 31 program, as

§ 21.146 describes.

(Authority: 38 U.S.C. 1804(b), (c))

Evaluation and Improvement of

Vocational Potential

§ 21.8140 Evaluation and improvement of

vocational potential.

(a) General. A CP or VRC may use the

services that paragraph (d) of this

section describes to:

(1) Evaluate vocational training and

employment potential;

(2) Provide a basis for planning:

(i) A program of services and

assistance to improve the child’s

preparation for vocational training and

employment; or

(ii) A vocational training program;

(3) Reevaluate the vocational training

feasibility of a child participating in a

vocational training program; and

(4) Remediate deficiencies in the

child’s basic capabilities, skills, or

knowledge to give the child the ability

to participate in vocational training or

employment.

(Authority: 38 U.S.C. 1804(b))

(b) Periods when evaluation and

improvement services may be provided.

A CP or VRC may authorize the services

described in paragraph (d) of this

section, except those in paragraph (d)(4)

of this section, for delivery during:

(1) An initial evaluation; or

(2) Pursuit of a vocational training

program.

(Authority: 38 U.S.C. 1804(c))

(c) Duration of services. The duration

of services needed to improve

vocational training and employment

potential, furnished on a full-time basis

either as a preliminary part or all of a

vocational training program, may not

exceed 9 months. If VA furnishes these

services on a less than full-time basis,

the duration will be for the period

necessary, but may not exceed the

equivalent of 9 months of full-time

training.

(Authority: 38 U.S.C. 1804(c))

(d) Scope of services. Evaluation and

improvement services include:

(1) Diagnostic services;

(2) Personal and work adjustment

training;

(3) Referral for medical care and

treatment for the spina bifida or related

conditions;

(4) Vocationally oriented independent

living services indispensable to

pursuing a vocational training program;

(5) Language training, speech and

voice correction, training in ambulation,

and one-hand typewriting;

(6) Orientation, adjustment, mobility

and related services; and

(7) Other appropriate services to assist

the child in functioning in the proposed

training or work environment.
51294 Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations

(Authority: 38 U.S.C. 1804(c))

(e) Applicability of chapter 31 rules

on special rehabilitation services. The

provisions of § 21.140 do not apply to

this subpart. Subject to the provisions of

this subpart, the following provisions

apply to the vocational training program

under this subpart in a manner

comparable to that for veterans under

the 38 U.S.C. chapter 31 program:

§ 21.142(a) and (b); § 21.144; § 21.146;

§ 21.148(a) and (c); § 21.150 other than

paragraph (b); § 21.152 other than

paragraph (b); § 21.154 other than

paragraph (b); and § 21.156.

(Authority: 38 U.S.C. 1804(c))

Supplies

§ 21.8210 Supplies.

(a) Purpose of furnishing supplies. VA

will provide the child with the supplies

that the child needs to pursue training,

to obtain and maintain employment,

and otherwise to achieve the goal of his

or her vocational training program.

(Authority: 38 U.S.C. 1804(c))

(b) Types of supplies. VA may provide

books, tools, and other supplies and

equipment that VA determines are

necessary for the child’s vocational

training program and are required by

similarly circumstanced veterans

pursuing such training under 38 U.S.C.

chapter 31.

(Authority: 38 U.S.C. 1804(c))

(c) Periods during which VA may

furnish supplies. VA may provide

supplies to a child receiving:

(1) An evaluation;

(2) Vocational training, services, and

assistance to reach the point of

employability; or

(3) Employment services.

(Authority: 38 U.S.C. 1804(c))

(d) Other rules. The provisions of

§§ 21.212 through 21.224 apply to

children pursuing a vocational training

program under this subpart in a

comparable manner as VA provides

supplies to veterans under 38 U.S.C.

chapter 31, except the following

portions:

(1) Section 21.216(a)(3) pertaining to

special modifications, including

automobile adaptive equipment;

(2) Section 21.220(a)(1) pertaining to

advancements from the revolving fund

loan;

(3) Section 21.222(b)(x) pertaining to

discontinuance from an independent

living services program.

(Authority: 38 U.S.C. 1804(c))

Program Costs

§ 21.8260 Training, services, and

assistance costs.

The provisions of § 21.262 pertaining

to reimbursement for training and other

program costs apply, in a comparable

manner as provided under the 38 U.S.C.

chapter 31 program for veterans, to

payments to facilities, vendors, and

other providers for training, supplies,

and other services they deliver under

this subpart.

(Authority: 38 U.S.C. 1804(c))

Vocational Training Program Entrance,

Termination, and Resources

§ 21.8280 Effective date of induction into a

vocational training program.

Subject to the limitations in § 21.8022,

the date a child is inducted into a

vocational training program will be the

date the child first begins to receive

training, services, or assistance under an

individualized written plan of

vocational rehabilitation.

(Authority: 38 U.S.C. 1804(c), (d))

§ 21.8282 Termination of a vocational

training program.

A case manager may terminate a

child’s vocational training program for

cause, including lack of cooperation,

failure to pursue the individualized

written plan of vocational rehabilitation,

fraud, or administrative error. A child

for whom a vocational goal is

reasonably feasible remains eligible for

the program subject to the rules of this

subpart unless the child’s eligibility for

or entitlement to a vocational training

program under this subpart resulted

from fraud or administrative error.

(a) Fraud. If a child establishes

eligibility for or entitlement to benefits

under this subpart through fraud, VA

will terminate the award of vocational

training and rehabilitation as of the date

VA first began to pay benefits.

(b) Administrative error. If a child

who is not entitled to benefits under

this subpart receives those benefits

through VA administrative error, VA

will terminate the award of benefits as

of the first day of the calendar month

beginning at least 60 days after notifying

the child of the proposed termination.

This 60-day period may not result in the

entrance of the child into a new quarter,

semester, or other term of training

unless VA has already obligated

payment for the training.

(c) Lack of cooperation or failure to

pursue individualized written plan of

vocational rehabilitation. If reasonable

VR&C efforts to motivate a child do not

resolve a lack of cooperation or failure

to pursue an individualized written

plan of vocational rehabilitation, VA

will terminate the award of benefits as

of the first day of the calendar month

beginning at least 60 days after notifying

the child of the proposed termination.

This 60-day period may not result in the

entrance of the child into a new quarter,

semester, or other term of training. VA

will deobligate payment for training in

the new quarter, semester, or other term

of training.

(Authority: 38 U.S.C. 1804)

§ 21.8284 Additional vocational training.

VA may provide an additional period

of training or services under a

vocational training program to a child

who has completed training for a

vocational goal and/or been suitably

employed under this subpart, if the

child is otherwise eligible and has

remaining program entitlement as

provided in § 21.8072(b), only under

one of the following conditions:

(a) Current facts, including any

relevant medical findings, establish that

the child’s disability has worsened to

the extent that he or she can no longer

perform the duties of the occupation

which was the child’s vocational goal

under this subpart;

(b) The occupation that was the

child’s vocational goal under this

subpart is now unsuitable;

(c) The vocational training program

services and assistance the child

originally received are now inadequate

to make the child employable in the

occupation which he or she sought to

achieve;

(d) Experience has demonstrated that

VA should not reasonably have

expected employment in the objective

or field for which the child received

vocational training program services

and assistance; or

(e) Technological change that

occurred after the child achieved a

vocational goal under this subpart now

prevents the child from:

(1) Performing the duties of the

occupation for which VA provided

training, services, or assistance, or in a

related occupation; or

(2) Securing employment in the

occupation for which VA provided

training, services, or assistance, or in a

related occupation.

(Authority: 38 U.S.C. 1804(c))

§ 21.8286 Training resources.

(a) Applicable 38 U.S.C. chapter 31

resource provisions. The provisions of

§ 21.146 and §§ 21.290 through 21.298

apply to children pursuing a vocational

training program under this subpart in

a comparable manner as for veterans

under the 38 U.S.C. chapter 31 program,
Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations 51295

except as paragraph (b) of this section

specifies.

(Authority: 38 U.S.C. 1804(c))

(b) Limitations. The provisions of

§ 21.294(b)(1)(i) and (b)(1)(ii) pertaining

to independent living services do not

apply to this subpart. The provisions of

§ 21.294(b)(1)(iii) pertaining to

authorization of independent living

services as a part of an individualized

written plan of vocational rehabilitation

apply to children under this subpart in

a comparable manner as for veterans

under the 38 U.S.C. chapter 31 program

only to the extent § 21.8050 allows.

(Authority: 38 U.S.C. 1804(c))

Rate of Pursuit

§ 21.8310 Rate of pursuit.

(a) General requirements. VA will

approve a child’s pursuit of a vocational

training program at a rate consistent

with his or her ability to successfully

pursue training, considering:

(1) Effects of his or her disability;

(2) Family responsibilities;

(3) Travel;

(4) Reasonable adjustment to training;

and

(5) Other circumstances affecting the

child’s ability to pursue training.

(Authority: 38 U.S.C. 1804(c))

(b) Continuous pursuit. A child

should pursue a program of vocational

training with as little interruption as

necessary, considering the factors in

paragraph (a) of this section.

(Authority: 38 U.S.C. 1804(c))

(c) Responsibility for determining the

rate of pursuit. VR&C staff members will

consult with the child when

determining the rate and continuity of

pursuit of a vocational training program.

These staff members will also confer

with the medical consultant and the

Vocational Rehabilitation Panel

described in §§ 21.60 and 21.62, as

necessary. This rate and continuity of

pursuit determination will occur during

development of the individualized

written plan of vocational rehabilitation,

but may change later, as necessary to

enable the child to complete training.

(Authority: 38 U.S.C. 1804(c))

(d) Measurement of training time

used. VA will measure the rate of

pursuit in a comparable manner to rate

of pursuit measurement under § 21.310

for veterans under the 38 U.S.C. chapter

31 program.

(Authority: 38 U.S.C. 1804(c))

Authorization of Services

§ 21.8320 Authorization of services.

The provisions of § 21.326, pertaining

to the commencement and termination

dates of a period of employment

services, apply to children under this

subpart in a manner comparable to that

provided for veterans under the 38

U.S.C. chapter 31 program. References

in that section to an individualized

employment assistance plan IEAP

should be considered as referring to the

child’s individualized written plan of

vocational rehabilitation under this

subpart.

(Authority: 38 U.S.C. 1804(c))

Leaves of Absence

§ 21.8340 Leaves of absence.

(a) Purpose of leave of absence. The

purpose of the leave system is to enable

the child to maintain his or her status

as an active program participant.

(Authority: 38 U.S.C. 1804(c))

(b) Basis for leave of absence. The

VR&C case manager may grant the child

leaves of absence for periods during

which the child fails to pursue a

vocational training program. For

prolonged periods of absence, the VR&C

case manager may approve leaves of

absence only if the case manager

determines the child is unable to pursue

a vocational training program through

no fault of the child.

(Authority: 38 U.S.C. 1804(c))

(c) Effect on entitlement. During a

leave of absence, the running of the

basic 24-month period of entitlement,

plus any extensions thereto, shall be

suspended until the child resumes the

program.

(Authority: 38 U.S.C. 1804(c))

Satisfactory Conduct and Cooperation

§ 21.8360 Satisfactory conduct and

cooperation.

The provisions for satisfactory

conduct and cooperation in §§ 21.362

and 21.364, except as otherwise

provided in this section, apply to

children under this subpart in a manner

comparable to the way they apply to

veterans under the 38 U.S.C. chapter 31

program. If a child fails to meet these

requirements for satisfactory conduct or

cooperation, the VR&C case manager

will terminate the child’s vocational

training program. VA will not grant a

child reentrance to a vocational training

program unless the reasons for

unsatisfactory conduct or cooperation

have been removed.

(Authority: 38 U.S.C. 1804(c))

Transportation Services

§ 21.8370 Authorization of transportation

services.

(a) General. VA shall authorize

transportation services necessary for a

child to pursue a vocational training

program. The sections in subpart A of

this part that are referred to in this

paragraph (a) shall apply to children

under this subpart in a manner

comparable to the way they apply to

veterans under the 38 U.S.C. chapter 31

program. Transportation services

include:

(1) Transportation for evaluation or

counseling under § 21.376;

(2) Intraregional travel under § 21.370

(except that assurance that the child

meets all basic requirements for

induction into training will be

determined without regard to the

provisions of § 21.282) and interregional

travel under § 21.372;

(3) Special transportation allowance

under § 21.154; and

(4) Commuting to and from training

and while seeking employment, subject

to paragraphs (c) and (d) of this section.

(Authority: 38 U.S.C. 1804(c))

(b) Reimbursement. For transportation

services that VA authorizes, VA will

normally pay in arrears and in the same

manner as tuition, fees, and other

services under this program.

(Authority: 38 U.S.C. 1804(c))

(c) Payment for commuting expenses

for training and seeking employment.

VA may pay for transportation during

the period of vocational training and the

first 3 months the child receives

employment services. VA may

reimburse the child’s costs, not to

exceed $200 per month, of commuting

to and from training and seeking

employment if he or she requests this

assistance and VA determines, after

careful examination of the child’s

situation and subject to the limitations

in paragraph (d) of this section, that the

child would be unable to pursue

training or employment without this

assistance. VA may:

(1) Reimburse the facility at which the

child is training if the facility provided

transportation or related services; or

(2) Reimburse the child for his or her

actual commuting expense if the child

paid for the transportation.

(Authority: 38 U.S.C. 1804(c))

(d) Limitations. Payment of

commuting expenses under paragraph

(a)(4) of this section may not be made

for any period when the child:

(1) Is gainfully employed;
51296 Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations

(2) Is eligible for, and entitled to,

payment of commuting costs through

other VA and non-VA programs; or

(3) Can commute to school with

family, friends, or fellow students.

(Authority: 38 U.S.C. 1804(c))

(e) Documentation. VA must receive

supportive documentation with each

request for reimbursement. The

individualized written plan of

vocational rehabilitation will specify

whether VA will pay monthly or at a

longer interval.

(Authority: 38 U.S.C. 1804(c))

(f) Nonduplication. A child eligible

for reimbursement of transportation

services both under this section and

under § 21.154 will receive only the

benefit under § 21.154.

(Paperwork requirements were approved by

the Office of Management and Budget under

control number 2900–0580.)

(Authority: 38 U.S.C. 1804(c))

Additional Applicable Regulations

§ 21.8380 Additional applicable

regulations.

The following regulations are

applicable to children in this program in

a manner comparable to that provided

for veterans under the 38 U.S.C. chapter

31 program: §§ 21.380, 21.412, 21.414

(except paragraphs (c), (d), and (e)),

21.420, and 21.430.

(Authority: 38 U.S.C. 1804, 5112)

Delegation of Authority

§ 21.8410 Delegation of authority.

The Secretary delegates authority for

making findings and decisions under 38

U.S.C. 1804 and the applicable

regulations, precedents, and

instructions for the program under this

subpart to the Under Secretary for

Benefits and to VR&C supervisory or

non-supervisory staff members.

(Authority: 38 U.S.C. 512(a))

[FR Doc. 97–25662 Filed 9–29–97; 8:45 am]

BILLING CODE 8320–01–P