§ 21.100. Counseling.
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/us/cfr/t38/s§ 21.100·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)General. A veteran requesting or being furnished assistance under Chapter 31 shall be provided professional counseling services by Veteran Readiness and Employment
(VR)Service and other staff as necessary to:
(1)Carry out an initial evaluation in each case in which assistance is requested;
(2)Develop a rehabilitation plan or plan for employment services in each case in which the veteran is found during the initial evaluation to be eligible and entitled to services;
(3)Assist veterans found ineligible for services under Chapter 31 to the extent provided in § 21.82; and
(4)Try to overcome problems which arise during the course of the veteran's rehabilitation program or program of employment services. (Authority: 38 U.S.C. 3101)
(b)Types of counseling services. VA will furnish comprehensive counseling services, including but not limited to
(1)Psychological;
(2)Vocational;
(3)Personal adjustment;
(4)Employment;
(5)Educational. (Authority: 38 U.S.C. 3104(a)(2))
(c)Qualifications. Counseling services may only be furnished by VA or other personnel who meet requirements established under provisions of § 21.380 and other policies of the VA pertaining to the qualifications of staff providing assistance under Chapter 31. (Authority: 38 U.S.C. 3118)
(d)Limitations.
(1)If a veteran resides within a State, counseling services necessary to carry out the initial evaluation and the development of a rehabilitation plan or a program of employment services will be furnished by Counseling Psychologists
(CP)or Vocational Rehabilitation Counselors
(VRC)in the VR Division;
(2)If a veteran does not reside in a State the counseling services necessary to carry out an initial evaluation may be accomplished in the same manner as for a veteran residing in a State or through other arrangements when deemed appropriate by the VR Division. These alternative arrangements include, but are not limited to:
(i)Use of counseling centers or individual qualified professionals under contract to VA; and
(ii)Professional staff of other Federal agencies located in the area in which the veteran resides.
(3)Alternative arrangements to provide counseling are subject to the following requirements:
(i)All arrangements must be consistent with the provisions of paragraph
(c)of this section regarding utilization of professionally qualified persons to provide counseling services during the initial evaluation;
(ii)All determinations of eligibility, entitlement and the development of a rehabilitation plan will continue to be made by a CP or VRC in the VR Division.
(4)If a CP or VRC in the VR Division determines that the evidence of record is insufficient to carry out an initial evaluation in a case in which alternative arrangements were used, VA staff may authorize the veteran to travel to a VA facility to complete the evaluation. (Authority: 38 U.S.C. 3118(c))
(e)Definition. For the purposes of this section, the term State means each of the several States, the District of Columbia, and the Commonwealth of Puerto Rico. (Authority: 38 U.S.C. 101(20)) \[49 FR 40814, Oct. 18, 1984, as amended at 54 FR 32071, Aug. 4, 1989; 62 FR 17708, Apr. 11, 1997; 81 FR 26132, May 2, 2016; 87 FR 8743, Feb. 16, 2022\]
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