38 C.F.R. § 21.194

“Employment services” status

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(a) Purpose. The status employment services serves to:

(1) Identify veterans who are being furnished employment services; and

(2) Assure that these veterans receive necessary services in a timely manner.

(b) Assignment to employment services status. A veteran's case may be assigned or reassigned to employment services status under the provisions of §§ 21.84, 21.88, and 21.94.

(c) Continuation in employment services status. A case will remain in employment services status for the period specified in the IEAP, subject to the limitations specified in paragraph (d) of this section.

(d) Termination of employment services status. The veteran will continue in employment services status until the earliest of the following events occurs:

(1) He or she is determined to be rehabilitated under the provisions of § 21.283; or

(2) He or she is:

(i) Employed for at least 60 days in employment that does not meet the criteria for rehabilitation contained in § 21.283, if the veteran intends to maintain this employment and declines further assistance; and

(ii) Adjusted to the duties and responsibilities of the job.

(3) Either the veteran or VA interrupts the employment services program;

(4) Either the veteran or VA discontinues the employment services program;

(5) He or she reaches the end of the period for which employment services have been authorized and there is no basis for extension; or

(6) Service-connection for the veteran's service-connected disability is severed or he or she otherwise ceases to be eligible.

(Authority: 38 U.S.C. 3117) Cross References:

See §§ 21.47 Eligibility for employment assistance, 21.250 Overview of employment services, and 21.326 Authorization of employment services.

[49 FR 40814, Oct. 18, 1984, as amended at 58 FR 68768, Dec. 29, 1993; 84 FR 193, Jan. 18, 2019]

Notes of Decisions

Cited in 3 cases, 1996–2013 · leading case: Cottle v. Principi, 14 Vet. App. 329 (Vet. App. 2001).

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Cottle v. Principi, 14 Vet. App. 329 (Vet. App. 2001). “Cottle disagreed with this decision and, on appeal to the Board, contended that his injury occurred while still pursuing rehabilitation under the VA rehabilitation program. R. at 416-21. Further, he maintained that because his employment began on August 19, 1985, and his injury…”

Kandik v. Brown, 9 Vet. App. 434 (Vet. App. 1996). · cites it 3× “Under 38 C.F.R. § 21.194 (b) (1995), a rehabilitation plan provides one basis for assigning ES status.”

Tyrone A. Andrews v. Eric K. Shinseki, 26 Vet. App. 193 (Vet. App. 2013). · cites it 4× “284 (stating that, once a veteran is found rehabilitated, “an additional period of training or services” is provided only if certain conditions have been met); 38 C.F.R. § 21.194 (d)(1) (explaining that employment services are terminated once a veteran is found rehabilitated),…”

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