§ 21.48. Severance of service-connection---reduction to noncompensable degree.
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/us/cfr/t38/s§ 21.48·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
When a rating action is taken which proposes severance of service-connection or reduction to a noncompensable degree, the provisions of the following paragraphs will govern the veteran's entitlement to rehabilitation and employment assistance under 38 U.S.C. Chapter 31.
(a)Applicant. If the veteran is an applicant for rehabilitation or employment assistance when the proposed rating action is taken, all processes respecting determination of entitlement or induction into training shall be immediately suspended. In no event shall any veteran be inducted into a rehabilitation program or provided employment assistance during the interim periods provided in § 3.105
(d)and
(e)of this title. If the proposed rating action becomes final, the application will be denied. See also § 21.50 as to initial evaluation. (Authority: 38 U.S.C. 3104)
(b)Reduction while in a rehabilitation program. If the proposed rating action is taken while the veteran is in a rehabilitation program and results in a reduction to a noncompensable rating of his or her disability, the veteran may be retained in the program until the completion of the program, except if "discontinued" under § 21.198 he or she may not reenter. (Authority: 38 U.S.C. 3103)
(c)Severance while in a rehabilitation program. If the proposed rating action is taken while the veteran is in a rehabilitation program and results in severance of the service-connection of his or her disability, rehabilitation will be terminated effective as of the last day of the month in which severance of service-connection becomes final. (Authority: 38 U.S.C. 3103)
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§ 21.48
Severance of service-connection---reduction to noncompensable degree.
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