§ 21.6015. Claims and elections.
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/us/cfr/t38/s§ 21.6015·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Claims by veterans under age 45 for whom participation in an evaluation is required. A veteran under age 45 who is awarded pension during the program period will be scheduled for an evaluation to determine whether achievement of a vocational goal is reasonably feasible, unless it is determined that the veteran is unable to participate in an evaluation for reasons beyond his or her control. If VA, as a result of the evaluation, determines that achievement of a vocational goal is reasonably feasible, the veteran may elect to pursue a vocational training program. To make this election, the veteran must file a claim, in a form prescribed by VA, for services under this temporary program. (Authority: 38 U.S.C. 1524(b); Pub. L. 100-687, Pub. L. 100-687, Pub. L. 101-237).
(b)Claims by qualified veterans for whom participation in an evaluation is not required. Qualified veterans in the following categories will be provided an evaluation if they request assistance under the temporary program, and are found to have good employment potential. These veterans include:
(1)Veterans age 45 and more who are awarded pension during the program period;
(2)Veterans awarded pension prior to the beginning of the program period on February 1, 1985, who meet the conditions contained in § 21.6005(c) of this part. (Authority: 38 U.S.C. 1524(b), Pub. L. 100-687, Pub. L. 101-237).
(c)Filing a claim. A veteran in one of the categories identified in paragraph
(b)of this section must file a claim in the form prescribed by VA in order to be considered for an evaluation of his or her ability to achieve a vocational goal through participation in this temporary program. The veteran's claim is considered a request for both the evaluation, and if achievement of a vocational goal is found reasonably feasible, for participation in the vocational training program. (Authority: 38 U.S.C. 1524, Pub. L. 100-687).
(d)Claims following failure to timely pursue a vocational training program.
(1)If a veteran for whom achievement of a vocational goal is found reasonably feasible does not undertake a vocational training program within the time limits specified in § 21.32, he or she must file an original or reopened claim, as appropriate, in a form prescribed by VA in order to be considered for such services to determine if achievement of the previous vocational goal or a new vocational goal is reasonably feasible.
(2)If a veteran has been placed in discontinued case status by the VA, he or she must file a new claim in a form prescribed by the VA to reopen the case. (Authority: 38 U.S.C. 1524(b))
(e)Informal claims. Informal claims shall be governed by § 21.31 of this part. (Authority: 38 U.S.C. 1524(a))
(f)Time limit. The time limit for making a claim to pursue a vocational training program shall be governed by § 21.32 of this part. (Authority: 38 U.S.C. 1524(a)) \[53 FR 4397, Feb. 16, 1988, as amended at 55 FR 17271, Apr. 24, 1990; 56 FR 21448, May 9, 1991\]
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- Pub. L. 100-687
- Pub. L. 101-237
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