38 C.F.R. § 21.44

Extension of the basic period of eligibility for a veteran with a serious employment handicap

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(a) Conditions for extension. A Counseling Psychologist (CP) or Vocational Rehabilitation Counselor (VRC) may extend the basic period of eligibility of a veteran with a serious employment handicap when the veteran's current employment handicap and need for rehabilitation services and assistance necessitate an extension under the following conditions:

(1) Not rehabilitated to the point of employability. The veteran has not been rehabilitated to the point of employability; or

(Authority: 38 U.S.C. 3103(c))

(2) Rehabilitated to the point of employability. The veteran was previously declared rehabilitated to the point of employability, but currently meets one of the following three conditions:

(i) One or more of the veteran's service-connected disabilities has worsened, preventing the veteran from working in the occupation for which he or she trained, or in a related occupation;

(ii) The veteran's current employment handicap and capabilities clearly show that the occupation for which the veteran previously trained is currently unsuitable; or

(iii) The occupational requirements in the occupation for which the veteran trained have changed to such an extent that additional services are necessary to enable the veteran to work in that occupation, or in a related field.

(Authority: 38 U.S.C. 3103(c))

(b) Length of eligibility extension. For a veteran with a serious employment handicap, a CP or VRC may extend the basic period of eligibility for such additional period as the CP or VRC determines is needed for the veteran to accomplish the purposes of his or her individualized rehabilitation program.

(Authority: 38 U.S.C. 3103(c)) [75 FR 3166, Jan. 20, 2010]

Notes of Decisions

Cited in 3 cases, 1995–2016 · leading case: 13-08 334 (Board of Vet. App. 2016).

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13-08 334 (Board of Vet. App. 2016). · cites it 2× “52 ; (2) whether the grant of an extension is necessary to accomplish the goals of the rehabilitation plan as required under 38 C.F.R. § 21.44 , and if so, the length of the extension that is required; and (3) whether the achievement of a vocational goal is reasonably feasible…”

Hampton v. Nicholson, 175 F. App'x 334 (Fed. Cir. 2006). “Hampton argues that his benefits should be extended because he was not rehabilitated to the point of employability, his service-connected disability has worsened or occupational requirements have changed, and he has “shown dependency on governmental support programs,” in such a…”

Wilson v. Brown, 7 Vet. App. 542 (Vet. App. 1995). “§ 3103 (a) has expired should receive additional chapter 31 benefits); 38 C.F.R. § 21.44 (b) (1994) (same). Thus, the appellant would be entitled to further chapter 31 benefits if either § 21.”

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