[Federal Register Volume 67, Number 1 (Wednesday, January 2, 2002)]
[Proposed Rules]
[Pages 215-225]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-31675]



[[Page 215]]

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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 21

RIN 2900-AK90


Vocational Training for Certain Children of Vietnam Veterans--
Covered Birth Defects and Spina Bifida

AGENCY: Department of Veterans Affairs.

ACTION: Proposed rule.

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SUMMARY: This document proposes to establish regulations regarding 
provision of vocational training and rehabilitation for women Vietnam 
veterans' children with covered birth defects. It would revise the 
current regulations regarding vocational training and rehabilitation 
for Vietnam veterans' children suffering from spina bifida to also 
encompass vocational training and rehabilitation for women Vietnam 
veterans' children with certain other birth defects. This is necessary 
to provide vocational training and rehabilitation for such children in 
accordance with recently enacted legislation. Companion documents 
entitled ``Monetary Allowances for Certain Children of Vietnam 
Veterans; Identification of Covered Birth Defects'' (RIN 2900-AK67) and 
``Health Care for Certain Children of Vietnam Veterans--Covered Birth 
Defects and Spina Bifida'' (RIN 2900-AK88) are set forth in the 
Proposed Rules section of this issue of the Federal Register.

DATES: Comments must be received by VA on or before February 1, 2002, 
except that comments on the information collection provisions in this 
document must be received on or before March 4, 2002.

ADDRESSES: Mail or hand deliver written comments to: Director, Office 
of Regulations Management (02D), Room 1154, 810 Vermont Ave., NW, 
Washington, DC 20420; or fax comments to (202) 273-9289; or e-mail 
comments to <a href="/cdn-cgi/l/email-protection#91ded6d2c3f4f6e4fdf0e5f8feffe2d1fcf0f8fdbfe7f0bff6fee7"><span class="__cf_email__" data-cfemail="4f00080c1d2a283a232e3b2620213c0f222e262361392e61282039">[email protected]</span></a>. Comments should indicate that 
they are submitted in response to ``RIN 2900-AK90.'' All comments 
received will be available for public inspection in the Office of 
Regulations Management, Room 1158, between the hours of 8 a.m. and 4:30 
p.m., Monday through Friday (except holidays). In addition, see the 
Paperwork Reduction Act heading under the SUPPLEMENTARY INFORMATION 
section of this preamble regarding submission of comments on the 
information collection provisions.

FOR FURTHER INFORMATION CONTACT: Charles A. Graffam, Consultant, 
Vocational Rehabilitation and Employment Service (282), Department of 
Veterans Affairs, 810 Vermont Ave., NW, Washington, DC 20420; (202) 
273-7410.

SUPPLEMENTARY INFORMATION: Prior to the enactment of Public Law 106-419 
on November 1, 2000, the provisions of 38 U.S.C. chapter 18 only 
concerned benefits for children with spina bifida who were born to 
Vietnam veterans. Effective December 1, 2001, section 401 of Public Law 
106-419 amends 38 U.S.C. chapter 18 to add benefits for women Vietnam 
veterans' children with certain birth defects (referred to below as 
``covered birth defects'').
    As amended, 38 U.S.C. chapter 18 provides for three separate types 
of benefits for women Vietnam veterans' children who suffer from 
covered birth defects as well as for Vietnam veterans' children who 
suffer from spina bifida: (1) Monthly monetary allowances for various 
disability levels; (2) provision of health care needed for the child's 
spina bifida or covered birth defects; and (3) provision of vocational 
training and rehabilitation.
    This document proposes to amend VA's ``Vocational Rehabilitation 
and Education'' regulations (38 CFR part 21) by revising the 
regulations in part 21, subpart M (Secs. 21.8010 through 21.8410) 
concerning the provision of vocational training and rehabilitation. 
These regulations currently only concern the provision of vocational 
training and rehabilitation for Vietnam veterans' children with spina 
bifida. This document proposes to revise the regulations by adding 
women Vietnam veterans' children with covered birth defects to the 
existing regulatory framework. The revisions would also correct the 
references to Sec. 21.222 in Sec. 21.8210 and to Sec. 21.8020 in 
Sec. 21.8082 and make other nonsubstantive changes for purposes of 
clarity. These would include amending Sec. 21.8050(c) to clarify that 
VA does not provide for room and board for a vocational training 
program under part 21, subpart M, other than for a period of 30 days or 
less in a special rehabilitation facility for purposes of an extended 
evaluation or to improve and enhance vocational potential.
    As a condition of eligibility for the provision of vocational 
training and rehabilitation under 38 U.S.C. 1814 for women Vietnam 
veterans' children with covered birth defects, it is proposed that the 
child must be an individual determined to have a covered birth defect 
under 38 CFR 3.815. (Definitions of the terms individual and covered 
birth defect and provisions concerning identification of covered birth 
defects are included in proposed Sec. 3.815 set forth in the companion 
document concerning monetary allowances and identification of covered 
birth defects (RIN 2900-AK67) published in the Proposed Rules section 
of this issue of the Federal Register.)
    This proposed rule includes a definition of eligible child that 
describes a child for whom the statute authorizes VA to provide 
vocational training under this subpart. In the revised Sec. 21.8282, 
``Termination of a vocational training program,'' we propose to add 
provisions that would be applicable if VA makes a determination that a 
child no longer has a covered birth defect.
    By statute, a child would only be eligible for one program of 
vocational training under 38 U.S.C. chapter 18 (even if, for example, a 
child has spina bifida and one or more other covered birth defects). It 
is proposed to reflect this in Sec. 21.8016.
    It is proposed that a woman Vietnam veteran's child with covered 
birth defects receive testing and evaluative services, as needed, 
similar to the testing and services that VA offers a veteran for the 
purposes of evaluation for eligibility and entitlement under a 
vocational rehabilitation program under 38 U.S.C. chapter 31. These 
testing and evaluative services are appropriate for determining whether 
it is reasonably feasible for the child to achieve a vocational goal 
and to guide the child, parent, or guardian in choosing a vocational 
training program for the child. This already applies to vocational 
training and rehabilitation for Vietnam veterans' children with spina 
bifida.
    It is proposed that an eligible child would receive vocational 
training program services and assistance under provisions that, under 
the 38 U.S.C. chapter 31 program, already apply to vocational training 
program services and assistance for eligible veterans with service-
connected disabilities. In this regard, it is proposed that the 
following provisions of 38 CFR part 21, subpart A, would apply as set 
forth in the text portion of this document:
    <bullet> Sec. 21.35 concerning certain definitions and explanations 
(see proposed Sec. 21.8010).
    <bullet> Sec. 21.250(a) and (b)(2), concerning provision of 
employment services, including the definition of job development; 
Sec. 21.252 concerning job development and placement services; 
Sec. 21.254 concerning supportive services; Sec. 21.256 concerning 
incentives for employers; and Secs. 21.257 and 21.258 concerning 
rehabilitation through self-employment, including special assistance 
for persons engaged in self-employment programs (see proposed 
Sec. 21.8020).

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    <bullet> Secs. 21.50(b)(5) and 21.53(b) and (d) concerning the 
scope and nature of an evaluation of the reasonable feasibility of 
achieving a vocational goal (see proposed Sec. 21.8032).
    <bullet> Secs. 21.80, 21.84, and 21.88 concerning the requirements 
for an individualized written plan of vocational rehabilitation and its 
purposes, to include employment assistance; and Secs. 21.92, 21.94 (a) 
through (d), and 21.96 concerning preparation of, changes to, and 
review of an individualized written plan of vocational rehabilitation 
(see proposed Secs. 21.8080 and 21.8082).
    <bullet> Secs. 21.100 and 21.380 concerning counseling (see 
proposed Sec. 21.8100).
    <bullet> Sec. 21.120 concerning vocational training; Secs. 21.122 
through 21.132 concerning types of allowable vocational training; and 
Sec. 21.146 concerning independent instructor courses (see proposed 
Sec. 21.8120).
    <bullet> Secs. 21.290 through 21.298 concerning course approval and 
facility selection (except that the provisions pertaining to use of 
facilities offering independent living services to evaluate independent 
living potential (see Sec. 21.294(b)(1)(i)) and to provide a program of 
independent living services to individuals for whom an Individualized 
Independent Living Plan (IILP) has been developed (see 
Sec. 21.294(b)(1)(ii)) do not apply, and provisions concerning 
authorization of independent living services as an incidental part of a 
plan (see Sec. 21.294(b)(1)(iii)) apply, in a comparable manner as for 
veterans under the 38 U.S.C. chapter 31 program, only to the extent 
allowable under proposed Sec. 21.8050 for an individualized written 
plan of vocational rehabilitation) (see proposed Secs. 21.8120 and 
21.8286).
    <bullet> Sec. 21.142(a) and (b); Sec. 21.144; Sec. 21.146; 
Sec. 21.148(a) and (c); Sec. 21.150, other than paragraph (b); 
Sec. 21.152, other than paragraph (b); Sec. 21.154, other than 
paragraph (b); and Sec. 21.156 concerning special rehabilitative 
services of the following types: adult basic education, vocational 
course in a sheltered workshop or rehabilitation facility, independent 
instructor course, tutorial assistance, reader service, interpreter 
service for the hearing impaired, special transportation assistance, 
and other vocationally oriented incidental services (see proposed 
Sec. 21.8140).
    <bullet> Secs. 21.212 through 21.224 concerning supplies (however, 
the following provisions do not apply to this subpart: 
Sec. 21.216(a)(3) concerning special modifications, including 
automobile adaptive equipment; Sec. 21.220(a)(1) concerning 
advancements from the 38 U.S.C. chapter 31 program revolving loan fund; 
and Sec. 21.222(b)(1)(x) concerning release or repayment for 
independent living services program supplies) (see proposed 
Sec. 21.8210).
    <bullet> Sec. 21.262 concerning reimbursement for costs of training 
and rehabilitation facilities, supplies, and services (see proposed 
Sec. 21.8260).
    <bullet> Secs. 21.60 and 21.62 concerning a medical consultant and 
the Vocational Rehabilitation Panel and Sec. 21.310 concerning rate of 
pursuit measurement (see proposed Sec. 21.8310).
    <bullet> Sec. 21.326 concerning the commencement and termination 
dates of a period of employment services (see proposed Sec. 21.8320).
    <bullet> Secs. 21.362 and 21.364 concerning satisfactory conduct 
and cooperation (see proposed Sec. 21.8360).
    <bullet> Sec. 21.154 concerning special transportation allowance; 
Sec. 21.370 (however, the words ``under Sec. 21.282'' in 
Sec. 21.370(b)(2)(iii)(B) do not apply) and Sec. 21.372 concerning 
intraregional and interregional travel at government expense; and 
Sec. 21.376 concerning authorization of transportation services for 
evaluation or counseling (see proposed Sec. 21.8370).
    <bullet> Sec. 21.380 concerning personnel qualification standards; 
Secs. 21.412 and 21.414 (except Sec. 21.414(c), (d), and (e)) 
concerning finality and revision of decisions; Sec. 21.420 concerning 
notification that VA will provide as to findings, decisions, and appeal 
rights; and Sec. 21.430 concerning accountability for authorization and 
payment of program costs for training and rehabilitation services (see 
proposed Sec. 21.8380).
    As set forth in the text portion of this document, these provisions 
appear to be appropriate to apply to the provision of vocational 
training and rehabilitation for women Vietnam veterans' children with 
covered birth defects. The same provisions apply to the provision of 
vocational training and rehabilitation for Vietnam veterans' children 
with spina bifida.
    It is also proposed that VA officials will inform children who have 
covered birth defects about any vocational training and rehabilitation 
that may be available under other governmental and nongovernmental 
programs. This already applies to the provision of vocational training 
and rehabilitation for Vietnam veterans' children with spina bifida.
    It is proposed that VA provide case management to assist the 
eligible child throughout a planned vocational training program. This 
would help to ensure that the child achieves the maximum vocational 
benefit from the program. This already applies to the provision of 
vocational training and rehabilitation for Vietnam veterans' children 
with spina bifida.

Comment Period

    We are providing, except for comments on the information collection 
provisions, a comment period of 30 days for this proposed rule due to 
the December 1, 2001, effective date of the new benefit programs 
enacted by section 401 of Public Law 106-419, the statutory requirement 
for a final rule prior to that date, and the need to have a final rule 
as soon as possible in order to avoid delay in the commencement of 
those benefits. We are providing for the information collections in 
this document a 60-day comment period pursuant to the Paperwork 
Reduction Act.

Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520), 
collections of information are set forth in the provisions of proposed 
Secs. 21.8014 and 21.8370. Proposed Sec. 21.8014 would amend the 
provisions prescribing 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. Proposed 
Sec. 21.8370 would permit a request for reimbursement for certain 
transportation costs and would require submission of supporting 
documentation to receive reimbursement. Although provisions in the 
current Sec. 21.8016 previously had been approved by the Office of 
Management and Budget (OMB) as an information collection under control 
number 2900-0581, VA is not seeking reinstatement and is requesting OMB 
to discontinue that approval because, as currently in effect and as 
proposed to be revised, Sec. 21.8016 affects fewer than 10 respondents 
annually. As required under section 3507(d) of the Act, VA has 
submitted a copy of this rulemaking action to the OMB for its review of 
the collections of information in this proposed rule.
    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.
    Comments on the collections of information contained in this 
proposed rule should be submitted to the Office of Management and 
Budget, Attention Desk Officer for the Department of Veterans Affairs, 
Office of Information

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and Regulatory Affairs, Washington, DC 20503, with copies sent by mail 
or hand delivery to the Director, Office of Regulations Management 
(02D), Department of Veterans Affairs, 810 Vermont Ave. NW, Room 1154, 
Washington, DC 20420; by fax to (202) 273-9289; or by e-mail to 
<a href="/cdn-cgi/l/email-protection#a5eae2e6f7c0c2d0c9c4d1cccacbd6e5c8c4ccc98bd3c48bc2cad3"><span class="__cf_email__" data-cfemail="703f3733221517051c1104191f1e03301d11191c5e06115e171f06">[email protected]</span></a>. Comments should indicate that they are 
submitted in response to ``RIN 2900-AK90.'' All written comments to VA 
will be available for public inspection in the Office of Regulations 
Management, Room 1158, between the hours of 8 a.m. and 4:30 p.m., 
Monday through Friday (except holidays).
    Title: Application for Vocational Training Benefits--Certain 
Children of Vietnam Veterans.
    Summary of collection of information: The provisions of proposed 38 
CFR 21.8014 would extend to women Vietnam veteran's children with 
covered birth defects the requirement that is applicable to Vietnam 
veterans' children with spina bifida for submitting an application for 
vocational training to be considered for this benefit.
    Type of review: Reinstatement with change of a previously approved 
collection for which approval has expired (OMB control number 2900-
0579).
    Description of need for information and proposed use of 
information: 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 
Employment (VR&E) Division to review the existing records and to set up 
an appointment for an applicant to meet with a VR&E staff member to 
evaluate the claim.
    Description of likely respondents: Adult children with spina bifida 
or other covered birth defects, parents or guardians of minor or 
incompetent children with spina bifida or other covered birth defects, 
authorized representatives, or Members of Congress.
    Estimated number of respondents: 50.
    Estimated frequency of responses: Once.
    Estimated total annual reporting and recordkeeping burden: 12.5 
reporting burden hours. The total annual reporting burden is based on 
each respondent taking 15 minutes to write to VA indicating a desire to 
take part in a vocational training program and providing the necessary 
identifying information. Although there is no set format for this 
application, the applicant must provide certain information to perfect 
the claim. There are no recordkeeping requirements.
    Estimated average burden per respondent: 15 minutes.
    Title: Request for Transportation Expense Reimbursement.
    Summary of collection of information: The provisions of proposed 38 
CFR 21.8370 would extend to women Vietnam veteran's children with 
covered birth defects the current requirement applicable to Vietnam 
veterans' children with spina bifida that a child receiving vocational 
training to request VA payment for travel expenses. VA must determine 
that the child would be unable to pursue training or employment or 
employment without this assistance. To obtain payment, the child must 
submit documentation showing the expenses of transportation.
    Type of review: Reinstatement with change of a previously approved 
collection for which approval has expired (OMB control number 2900-
0580).
    Description of need for information and proposed use of 
information: 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.
    Description of likely respondents: Children with spina bifida or 
other covered birth defects.
    Estimated number of respondents: 40. Approximately half of the 
children who plan and enter a program will need VA financial support 
for their transportation expenses while in a program.
    Estimated frequency of responses: Once for the initial request; 
monthly to obtain the travel reimbursement.
    Estimated total annual reporting and recordkeeping burden: 50 
reporting burden hours. Each respondent will require 15 minutes to 
prepare and submit the initial request (40  x  \1/4\ hour = 10 hours). 
Each respondent will then require 5 minutes to copy and submit receipts 
for transportation expenses to obtain reimbursement (40  x  12  x  \1/
12\ hour = 40 hours).
    Estimated average burden per respondent: 1 hour and 15 minutes.
    The Department considers comments by the public on proposed 
collections of information in--
    <bullet> Evaluating whether the proposed collections of information 
are necessary for the proper performance of the functions of the 
Department, including whether the information will have practical 
utility;
    <bullet> Evaluating the accuracy of the Department's estimate of 
the burden of the proposed collections of information, including the 
validity of the methodology and assumptions used;
    <bullet> Enhancing the quality, usefulness, and clarity of the 
information to be collected; and
    <bullet> Minimizing the burden of the collections of information on 
those who are to respond, including the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g., permitting electronic 
submission of responses.
    OMB is required to make a decision concerning the collections of 
information contained in this proposed rule between 30 and 60 days 
after publication of this document in the Federal Register. Therefore, 
a comment to OMB is best assured of having its full effect if OMB 
receives it within 30 days of publication. This does not affect the 
deadline for the public to comment on the proposed regulations.

Executive Order 12866

    This proposed rule has been reviewed by OMB under Executive Order 
12866.

Regulatory Flexibility Act

    The Secretary of Veterans Affairs hereby certifies that the 
adoption of the proposed rule would 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 1,200 Vietnam veterans' children who suffer from spina 
bifida and women Vietnam veteran's children who suffer from spina 
bifida or other covered birth defects. They are widely dispersed 
geographically, and the services provided to them would not have a 
significant impact on any small businesses. Moreover, the institutions 
capable of providing appropriate services and vocational training to 
Vietnam veteran's children with covered birth defects or spina bifida 
are generally large capitalization facilities. Therefore, pursuant to 5 
U.S.C. 605(b), this proposed rule is exempt from the initial and final 
regulatory flexibility analyses requirements of sections 603 and 604.

Catalog of Federal Domestic Assistance

    The Catalog of Federal Domestic Assistance program number for 
benefits

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affected by this rule is 64.128. There is no Catalog of Federal 
Domestic Assistance program number for other benefits affected by 
this rule.

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 
programs-education, 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: October 26, 2001.
Anthony J. Principi,
Secretary of Veterans Affairs.

    For the reasons set forth in the preamble, 38 CFR part 21 is 
proposed to be amended as set forth below:

PART 21--VOCATIONAL REHABILITATION AND EDUCATION

    1. In part 21, the heading of subpart M is revised to read as 
follows:

Subpart M--Vocational Training and Rehabilitation for Certain 
Children of Vietnam Veterans--Spina Bifida and Covered Birth 
Defects

    2. The authority citation for part 21, subpart M is revised to read 
as follows:

    Authority: 38 U.S.C. 101, 501, 512, 1151 note, 1802, 1804-1805, 
1811, 1811 note, 1812, 1814, 1816, 1821-1824, 5112, unless otherwise 
noted.

    3. Sections 21.8010 through 21.8410 are revised to read as follows:

General


Sec. 21.8010  Definitions and abbreviations.

    (a) Program-specific definitions and abbreviations. For the 
purposes of this subpart:
    Covered birth defect means the same as defined at Sec. 3.815(c)(3) 
of this title.
    Eligible child means, as appropriate, either an individual as 
defined at Sec. 3.814(c)(2) of this title who suffers from spina 
bifida, or an individual as defined at Sec. 3.815(c)(2) of this title 
who has a covered birth defect other than a birth defect described in 
Sec. 3.815(a)(2).
    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 
Sec. 21.4200 provides for the term institution of higher learning.
    Program of employment services means the services an eligible child 
may receive if the child's entire program consists only of employment 
assistance.
    Program participant means an eligible 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 the same as defined at Sec. 3.814(c)(3) of this 
title.
    Vietnam veteran means, in the case of a child suffering from spina 
bifida, the same as defined at Sec. 3.814(c)(1) or Sec. 3.815(c)(1) of 
this title and, in the case of a child with a covered birth defect, the 
same as defined at Sec. 3.815(c)(1) of this title.
    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&E refers to the Vocational Rehabilitation and Employment 
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, 1802, 1804, 1811-1812, 1814, 1821)

    (b) Other terms and abbreviations. The following terms and 
abbreviations have the same meaning or explanation that Sec. 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. 1804, 1811, 1814, 1821)

Sec. 21.8012  Vocational training program for certain children of 
Vietnam veterans--spina bifida and covered birth defects.

    VA will provide an evaluation to an eligible child to determine the 
child's potential for achieving a vocational goal. 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 achieve a 
vocational goal, including employment.

(Authority: 38 U.S.C. 1804, 1812, 1814)

Sec. 21.8014  Application.

    (a) Filing an application. To participate in a vocational training 
program, the child of a Vietnam veteran (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 person 
applying on the child's behalf;
    (2) Provide the child's full name, address, and VA claim number, if 
any, and the parent 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), 1822, 5101)

    (b) Time for filing. For a child claiming eligibility based on 
having spina bifida, an application under this subpart may be filed at 
any time after September 30, 1997. For a child claiming eligibility 
based on a covered birth defect, an application under this subpart may 
be filed at any time after November 30, 2001.

(Authority: 38 U.S.C. 1804, 1811, 1811 note, 1812, 1814, 1821)


Sec. 21.8016  Nonduplication of benefits.

    (a) Election of benefits--chapter 35. An eligible 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), 1814, 1824)

    (b) Reelections of benefits--chapter 35. An eligible child 
receiving benefits under this subpart or under 38 U.S.C. chapter 35 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 an eligible child receiving

[[Page 219]]

benefits under both programs for the same period of training.

(Authority: 38 U.S.C. 1804(e)(1), 1814, 1824)

    (c) Length of benefits under multiple programs--chapter 35. The 
aggregate period for which an eligible 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.

(Authority: 38 U.S.C. 1804(e)(2), 1814)

    (d) Nonduplication of benefits under 38 U.S.C. 1804 and 1814. An 
eligible child may only be provided one program of vocational training 
under this subpart.

(Authority: 38 U.S.C. 1804, 1814, 1824)

Basic Entitlement Requirements


Sec. 21.8020  Entitlement to vocational training and employment 
assistance.

    (a) Basic entitlement requirements. Under this subpart, for an 
eligible 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&E 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), 1814)
    (b) Services and assistance. An eligible child may receive the 
services and assistance described in Sec. 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, 1814)

    (c) Requirements to receive employment services and assistance. VA 
will provide employment services and assistance under paragraph (b) of 
this section only if the eligible 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, 1814)

    (d) Additional employment services and assistance. If an eligible 
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, 1814)

    (e) Program entitlement usage. (1) Basic entitlement period. An 
eligible child will be entitled to receive 24 months of full-time 
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. VA may extend the basic 
24-month entitlement period, not to exceed another 24 months of full-
time program participation, or the part-time equivalent, if VA 
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 Sec. 21.8032) furnished to an eligible 
child under this subpart on the same basis as VA would charge for 
similar training, services, or assistance furnished a veteran in a 
vocational rehabilitation program under 38 U.S.C. chapter 31. VA may 
charge entitlement at a half-time, three-quarter-time, or full-time 
rate based upon the child's training time using the rate-of-pursuit 
criteria in Sec. 21.8310. The provisions concerning reduced work 
tolerance under Sec. 21.312, and those relating to less-than-half-time 
training under Sec. 21.314, do not apply under this subpart.

(Authority: 38 U.S.C. 1804, 1814)


Sec. 21.8022  Entry and reentry.

    (a) Date of program entry. VA may not enter a child into a 
vocational training program or provide an evaluation or any training, 
services, or assistance under this subpart before the date VA first 
receives an application for a vocational training program filed in 
accordance with Sec. 21.8014.

(Authority: 38 U.S.C. 1151 note, 1804, 1811, 1811 note, 1812, 1814)

    (b) Reentry. If an eligible 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, 1814, 1822)

Evaluation


Sec. 21.8030  Requirement for evaluation of child.

    (a) Children to be evaluated. The VR&E Division will evaluate each 
child who:
    (1) Applies for a vocational training program; and
    (2) Has been determined to be an eligible child as defined in 
Sec. 21.8010.

(Authority: 38 U.S.C. 1804(a), 1814)

    (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, 1814)

Sec. 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 Secs. 21.50(b)(5) and 21.53(b) and (d).

(Authority: 38 U.S.C. 1804(a), 1814)

    (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;
    (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

[[Page 220]]

rehabilitation facility, for a period not to exceed 30 days.

(Authority: 38 U.S.C. 1804(a), 1814)

    (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), 1814)

Services and Assistance to Program Participants


Sec. 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 
post-placement 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), 1814)

    (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), 1814)

    (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 (other than for a period of 30 days or less in a 
special rehabilitation facility either for purposes of an extended 
evaluation or to improve and enhance vocational potential);
    (7) Independent living services, except those that are incidental 
to the pursuit of the vocational training program.

(Authority: 38 U.S.C. 1804(c), 1814)

Duration of Vocational Training


Sec. 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 paragraphs (e)(1) and (e)(2) of 
Sec. 21.8020 provide, may not exceed 24 months of full-time training, 
services, and assistance or the part-time equivalent, except as 
Sec. 21.8072 allows.

(Authority: 38 U.S.C. 1804(d), 1814)

    (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), 1814)

    (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 Sec. 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), 1814)

    (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), 1814)

    (e) Estimating the duration of the training period. In estimating 
the length of the training period the eligible 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 part-time 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 Sec. 21.8074(a).

(Authority: 38 U.S.C. 1804(d), 1814)

    (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), 1814)


Sec. 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 Sec. 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.


[[Page 221]]


(Authority: 38 U.S.C. 1804(d)(2), (e)(2), 1814)

    (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 an eligible 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) An eligible 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 
Sec. 21.8284.

(Authority: 38 U.S.C. 1804(b) through (e), 1814)

    (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), 1814)

Sec. 21.8074  Computing the period for vocational training program 
participation.

    (a) Computing the participation period. To compute the number of 
months and days of an eligible 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 evaluation-type 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 post-employment 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 does 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) and (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), 1814)

    (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 
Sec. 21.8020.

(Authority: 38 U.S.C. 1804(d), 1814)

Individualized Written Plan of Vocational Rehabilitation


Sec. 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 Secs. 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), 1814)

    (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, an eligible 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), 1814)


Sec. 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&E case manager may 
determine that the eligible 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&E 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 eligible 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 Secs. 21.8020(e) and 21.8070 through 
21.8074.

(Authority: 38 U.S.C. 1804(d), 1804(e), 1814)

    (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 Sec. 21.94 (a) 
through (d), and subject to Sec. 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 
eligible child to prepare for and participate in vocational training or 
employment; and
    (ii) Reentrance is authorized under Sec. 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 
Sec. 21.8020(e)(1) describes; or
    (ii) Before the end of any allowable extension under 
Secs. 21.8020(e)(2) and 21.8072 if the new vocational goal in another 
field or occupational family was

[[Page 222]]

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 Sec. 21.8020 provides.

(Authority: 38 U.S.C. 1804(d), 1814)

    (d) Assistance if child terminates planned program before 
completion. If the eligible child elects to terminate the planned 
vocational training program, he or she will receive the assistance that 
Sec. 21.80(d) provides in identifying other resources through which to 
secure the desired training or employment.

(Authority: 38 U.S.C. 1804(c), 1814)

Counseling


Sec. 21.8100  Counseling.

    An eligible child requesting or receiving services and assistance 
under this subpart will receive professional counseling by VR&E 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 
Secs. 21.100 and 21.380 provide.

(Authority: 38 U.S.C. 1803(c)(8), 1804(c), 1814)

Vocational Training, Services, and Assistance


Sec. 21.8120  Vocational training, services, and assistance.

    (a) Purposes. An eligible child 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), 1814)

    (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 Secs. 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 an eligible 
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 Secs. 21.290 through 
21.298 (except as provided by Sec. 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 Sec. 21.120 
(except 21.120(a)(3)), Sec. 21.370 (however, the words ``under 
Sec. 21.282'' in Sec. 21.370(b)(2)(iii)(B) do not apply), and 
Sec. 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), 1814)

    (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 Sec. 21.146 describes.

(Authority: 38 U.S.C. 1804(b), (c), 1814)

Evaluation and Improvement of Vocational Potential


Sec. 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 eligible 
child's preparation for vocational training and employment; or
    (ii) A vocational training program;
    (3) Reevaluate the vocational training feasibility of an eligible 
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), 1814)

    (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 or extended evaluation; or
    (2) Pursuit of a vocational training program.

(Authority: 38 U.S.C. 1804(c), 1814)

    (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), 1814)

    (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, 
covered birth defects, 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

[[Page 223]]

    (7) Other appropriate services to assist the child in functioning 
in the proposed training or work environment.
(Authority: 38 U.S.C. 1804(c), 1814)

    (e) Applicability of chapter 31 rules on special rehabilitation 
services. The provisions of Sec. 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: 
Sec. 21.142(a) and (b); Sec. 21.144; Sec. 21.146; Sec. 21.148(a) and 
(c); Sec. 21.150 other than paragraph (b); Sec. 21.152 other than 
paragraph (b); Sec. 21.154 other than paragraph (b); and Sec. 21.156.

(Authority: 38 U.S.C. 1804(c), 1814)

Supplies


Sec. 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), 1814)

    (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), 1814)

    (c) Periods during which VA may furnish supplies. VA may provide 
supplies to an eligible child receiving:
    (1) An initial or extended evaluation;
    (2) Vocational training, services, and assistance to reach the 
point of employability; or
    (3) Employment services.

(Authority: 38 U.S.C. 1804(c), 1814)

    (d) Other rules. The provisions of Secs. 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)(1)(x) pertaining to discontinuance from an 
independent living services program.

(Authority: 38 U.S.C. 1804(c), 1814)

Program Costs


Sec. 21.8260  Training, services, and assistance costs.

    The provisions of Sec. 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), 1814)

Vocational Training Program Entrance, Termination, and Resources


Sec. 21.8280  Effective date of induction into a vocational training 
program.

    Subject to the limitations in Sec. 21.8022, the date an eligible 
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), 1814)


Sec. 21.8282  Termination of a vocational training program.

    A case manager may terminate a vocational training program under 
this subpart for cause, including lack of cooperation, failure to 
pursue the individualized written plan of vocational rehabilitation, 
fraud, administrative error, or finding that the child no longer has a 
covered birth defect. An eligible 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 or unless VA finds the child no longer has a 
covered birth defect. The effective date of termination will be the 
earliest of the following applicable dates:
    (a) Fraud. If an eligible 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 an eligible 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) Change in status as an eligible child with a covered birth 
defect. If VA finds that a child no longer has a covered birth defect, 
VA will terminate the award of benefits effective the last day of the 
month in which such determination becomes final.
    (d) Lack of cooperation or failure to pursue individualized written 
plan of vocational rehabilitation. If reasonable VR&E efforts to 
motivate an eligible 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, 1814)


Sec. 21.8284  Additional vocational training.

    VA may provide an additional period of training or services under a 
vocational training program to an eligible 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 Sec. 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

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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), 1814)


Sec. 21.8286  Training resources.

    (a) Applicable 38 U.S.C. chapter 31 resource provisions. The 
provisions of Sec. 21.146 and Secs. 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, except as paragraph (b) of this section specifies.

(Authority: 38 U.S.C. 1804(c), 1814)

    (b) Limitations. The provisions of Sec. 21.294(b)(1)(i) and 
(b)(1)(ii) pertaining to independent living services do not apply to 
this subpart. The provisions of Sec. 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 Sec. 21.8050 
allows.

(Authority: 38 U.S.C. 1804(c), 1814)

Rate of Pursuit


Sec. 21.8310  Rate of pursuit.

    (a) General requirements. VA will approve an eligible 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), 1814)

    (b) Continuous pursuit. An eligible 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), 1814)

    (c) Responsibility for determining the rate of pursuit. VR&E 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 Secs. 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), 1814)

    (d) Measurement of training time used. VA will measure the rate of 
pursuit in a comparable manner to rate of pursuit measurement under 
Sec. 21.310 for veterans under the 38 U.S.C. chapter 31 program.

(Authority: 38 U.S.C. 1804(c), 1814)

Authorization of Services


Sec. 21.8320  Authorization of services.

    The provisions of Sec. 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 or IEAP are considered as 
referring to the child's individualized written plan of vocational 
rehabilitation under this subpart.

(Authority: 38 U.S.C. 1804(c), 1814)

Leaves of Absence


Sec. 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), 1814)

    (b) Basis for leave of absence. The VR&E 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&E 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), 1814)

    (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), 1814)

Satisfactory Conduct and Cooperation


Sec. 21.8360  Satisfactory conduct and cooperation.

    The provisions for satisfactory conduct and cooperation in 
Secs. 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 an 
eligible child fails to meet these requirements for satisfactory 
conduct or cooperation, the VR&E case manager will terminate the 
child's vocational training program. VA will not grant an eligible 
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), 1814)

Transportation Services


Sec. 21.8370  Authorization of transportation services.

    (a) General. VA will authorize transportation services necessary 
for an eligible child to pursue a vocational training program. The 
sections in subpart A of this part that are referred to in this 
paragraph 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 Sec. 21.376;
    (2) Intraregional travel under Sec. 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 Sec. 21.282) and 
interregional travel under Sec. 21.372;
    (3) Special transportation allowance under Sec. 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), 1814)

    (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), 1814)

    (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:

[[Page 225]]

    (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), 1814)

    (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;
    (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), 1814)

    (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), 1814)

    (f) Nonduplication. An eligible child eligible for reimbursement of 
transportation services both under this section and under Sec. 21.154 
will receive only the benefit under Sec. 21.154.

(Authority: 38 U.S.C. 1804(c), 1814)

Additional Applicable Regulations


Sec. 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: Secs. 21.380, 21.412, 21.414 (except 
paragraphs (c), (d), and (e)), 21.420, and 21.430.

(Authority: 38 U.S.C. 1804, 1814, 5112)

Delegation of Authority


Sec. 21.8410  Delegation of authority.

    The Secretary delegates authority for making findings and decisions 
under 38 U.S.C. 1804 and 1814 and the applicable regulations, 
precedents, and instructions for the program under this subpart to the 
Under Secretary for Benefits and to VR&E supervisory or non-supervisory 
staff members.

(Authority: 38 U.S.C. 512(a), 1804, 1814)

[FR Doc. 01-31675 Filed 12-31-01; 8:45 am]
BILLING CODE 8320-01-P


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