§ 21.6059. Limitations on the number of evaluations.
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/us/cfr/t38/s§ 21.6059·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Number of evaluations. No more than 3,500 evaluations of the reasonable feasibility of achieving a vocational goal may be given during any 12-month period, beginning on February 1, 1985, and each subsequent February 1 during the program period. (Authority: 38 U.S.C. 1524(a)(3); Pub. L. 100-227)
(b)Cases counted as evaluation. An evaluation is deemed to be countable against the 3,500 limit permitted during each 12-month period when the following conditions are met:
(1)The veteran is provided one or more personal interviews by a Counseling Psychologist
(CP)or Vocational Rehabilitation Counselor (VRC); and
(2)A determination of the reasonable feasibility of achieving a vocational goal is made by the CP or VRC. (Authority: 38 U.S.C. 1524(a)(3); Pub. L. 100-227)
(c)Cases not counted as evaluations. Computation of the number of evaluations which may be provided in a 12-month period shall exclude cases in which:
(1)The veteran under age 45 awarded pension during the program period is unable to participate for reasons beyond his or her control;
(2)Review of available information does not indicate a good potential for employment of other qualified veterans.
(3)The veteran either fails to keep a scheduled appointment to complete the evaluation or withdraws the claim for an evaluation, or
(4)The veteran who has completed an evaluation requires or requests a reevaluation. (Authority: 38 U.S.C. 1524(a)(3); Pub. L. 100-227, Pub. L. 101-237)
(d)Priority. If a veteran below age 45 for whom an evaluation is required cannot be provided an evaluation during a particular 12-month period because of the limitation on the number of evaluations, the veteran will be given first priority for evaluation during the following 12-month period, or first available subsequent 12-month period, if otherwise eligible. (Authority: 38 U.S.C. 1524(a)(3), Pub. L. 101-237) \[53 FR 4397, Feb. 16, 1988, as amended at 55 FR 17272, Apr. 24, 1990; 56 FR 21448, May 9, 1991; 81 FR 26132, May 2, 2016\]
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- Pub. L. 100-227
- Pub. L. 101-237
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§ 21.6059
Limitations on the number of evaluations.
Pub. L.Pub. L. 100-227
Pub. L.Pub. L. 101-237
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