38 C.F.R. § 21.362

Satisfactory conduct and cooperation

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(a) General. The successful development and implementation of a program of rehabilitation services require the full and effective participation of the veteran in the rehabilitation process.

(1) The veteran is responsible for satisfactory conduct and cooperation in developing and implementing a program of rehabilitation services under Chapter 31;

(2) The staff is responsible for insuring satisfactory conduct and cooperation on the veteran's part; and

(3) VA staff shall take required action when the veteran's conduct and cooperation are not satisfactory. (See § 21.364)

(b) VA responsibility. VA shall make a reasonable effort to inform the veteran and assure his or her understanding of:

(1) The services and assistance which may be provided under Chapter 31 to help the veteran maintain satisfactory cooperation and conduct and to cope with problems directly related to the rehabilitation process, especially counseling services;

(2) Other services which Veteran Readiness and Employment (VR&E) staff can assist the veteran in securing through non-VA programs; and

(3) The specific responsibilities of the veteran in the process of developing and implementing a program of rehabilitation services, especially the specific responsibility for satisfactory conduct and cooperation.

(1) Cooperate with VA staff in carrying out the initial evaluation and developing a rehabilitation plan;

(2) Arrange a schedule which allows him or her to devote the time needed to attain the goals of the rehabilitation plan;

(3) Seek the assistance of VA staff, as necessary, to resolve problems which affect attainment of the goals of the rehabilitation plan;

(4) Conform to procedures established by VA governing pursuit of a rehabilitation plan including:

(i) Enrollment and reenrollment in a course;

(ii) Changing the rate at which a course is pursued;

(iii) Requesting a leave of absence;

(iv) Requesting medical care and treatment;

(v) Securing supplies; and

(vi) Other applicable procedures.

(5) Conform to the rules and regulations of the training or rehabilitation facility at which services are being provided.

(d) Responsibility for determining satisfactory conduct and cooperation. VR&E staff with case management responsibility in the veteran's case will:

(1) Monitor the veteran's conduct and cooperation as necessary to assure consistency with provisions of paragraph (c) of this section.

(2) Provide assistance which may be authorized under Chapter 31, or for which arrangements may be made under other programs to enable the veteran to maintain satisfactory conduct and cooperation.

(Authority: 38 U.S.C. 3111) [49 FR 40814, Oct. 18, 1984, as amended at 87 FR 8743, Feb. 16, 2022]

Notes of Decisions

Cited in 6 cases (2 in the last 5 years), 1996–2022 · leading case: Groves v. McDonough, 34 F.4th 1074 (Fed. Cir. 2022).

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Groves v. McDonough, 34 F.4th 1074 (Fed. Cir. 2022). “See 38 C.F.R. § 21.362 (c). Mr. Groves never attended the initial VRE evaluation—due at least in part to the iso- lated nature of his town and his asserted inability to travel—notwithstanding the VA counseling officer’s at- tempts to accommodate Mr.”

Wing v. West, 11 Vet. App. 98 (Vet. App. 1998). · cites it 3× “entitled “Conduct and Cooperation,” includes two especially pertinent sections: 38 C.F.R. § 21.362 (1997) states, “(b) VA responsibility.”

McRae v. Brown, 9 Vet. App. 229 (Vet. App. 1996). · cites it 2× “A veteran’s responsibilities as a participant in the program are described in 38 C.F.R. § 21.362 (1995). When a veteran is seeking or being provided with training and rehabilitation services, the veteran must: (1) Cooperate with VA staff in carrying out the initial evaluation…”

Groves v. Shinseki, 541 F. App'x 981 (Fed. Cir. 2013). “For example, Groves asserted that the VA failed to comply with 38 C.F.R. § 21.362 (b), which requires the VA to, inter alia, “make a reasonable effort to inform the veteran and assure his or her understanding of .”

10 36 152 (Board of Vet. App. 2016). “50 (e)); how the veteran was informed of his responsibility for satisfactory conduct and cooperation ( 38 C.F.R. § 21.362 (b)); what reasonable counseling efforts have been made ( 38 C.”

Groves v. McDonough (Fed. Cir. 2022). “See 38 C.F.R. § 21.362 (c). Mr. Groves never attended the initial VRE evaluation—due at least in part to the iso- lated nature of his town and his asserted inability to travel—notwithstanding the VA counseling officer’s at- tempts to accommodate Mr.”

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