§ 21.58. Redetermination of employment handicap and serious employment handicap.
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/us/cfr/t38/s§ 21.58·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Prior to induction into a program. A determination as to employment handicap, serious employment handicap, or eligibility for a program of employment services will not be changed except for:
(1)Unmistakable error in fact or law; or
(2)New and material evidence which justifies a change.
(b)After induction into a program.
(1)The Department of Veterans Affairs will not redetermine a finding of employment handicap, serious employment handicap, or eligibility for a program of employment services subsequent to the veteran's induction into a program because of a reduction in his or her disability rating, including a reduction to 0 percent:
(2)The Department of Veterans Affairs may consider whether a finding of employment handicap should be changed to serious employment handicap when there is an increase in the degree of service-connected disability, or other significant change in the veteran's situation;
(3)A redetermination of employment handicap, serious employment handicap, or eligibility for a program of employment services will be made when there is a clear and unmistakable error of fact or law. (Authority: 38 U.S.C. 3102, 3106)
(c)Following rehabilitation or discontinuance. A veteran's eligibility and entitlement to assistance must be redetermined in any case in which:
(1)The veteran is determined to be rehabilitated to the point of employability under the provisions of § 21.190;
(2)The veteran is determined to meet the requirements for rehabilitation under the provisions of § 21.196; or
(3)The veteran's program is discontinued under the provisions of § 21.198, except as described in § 21.198(c)(3). (Authority: 38 U.S.C. 3102, 3111)
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§ 21.58
Redetermination of employment handicap and serious employment handicap.
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