38 C.F.R. § 21.53

Reasonable feasibility of achieving a vocational goal

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(a) Requirement. The Department of Veterans Affairs shall determine the reasonable feasibility of achieving a vocational goal in each case in which a veteran has either:

(1) An employment handicap, or

(2) A serious employment handicap.

(Authority: 38 U.S.C. 3106(a))

(b) Definition. The term vocational goal means a gainful employment status consistent with the veteran's abilities, aptitudes, and interests.

(Authority: 38 U.S.C. 3101(8))

(c) Expeditious determination. The determination of reasonable feasibility shall be made as expeditiously as possible when necessary information has been developed in the course of initial evaluation. If an extended evaluation is necessary as provided in § 21.57 a decision of feasibility shall be made by the end of the extended evaluation. Any reasonable doubt shall be resolved in favor of a finding of feasibility.

(Authority: 38 U.S.C. 3105(d))

(d) Vocational goal is reasonably feasible. Achievement of a vocational goal is reasonably feasible for a veteran with either an employment or serious employment handicap when the following conditions are met:

(1) Vocational goal(s) has (have) been identified;

(2) The veteran's physical and mental conditions permit training for the goal(s) to begin within a reasonable period; and

(3) The veteran:

(i) Possesses the necessary educational skills and background to pursue the vocational goal; or

(ii) Will be provided services by the Department of Veterans Affairs to develop such necessary educational skills as part of the program.

(Authority: 38 U.S.C. 3104(a)(1), 3106(a))

(e) Criteria for reasonable feasibility not met. (1) When VA finds that the provisions of paragraph (d) of this section are not met, but VA has not determined that achievement of a vocational goal is not currently reasonably feasible, VA shall provide the rehabilitation services contained in § 21.35(i)(1)(i) of this part as appropriate;

(2) A finding that achievement of a vocational goal is infeasible without a period of extended evaluation requires compelling evidence which establishes infeasibility beyond any reasonable doubt.

(Authority: 38 U.S.C. 3104(a)(1), 3106(b))

(f) Independent living services. The Counseling Psychologist (CP) or Vocational Rehabilitation Counselor (VRC) shall determine the current reasonable feasibility of a program of independent living services in each case in which a vocational rehabilitation program is not found reasonably feasible. The concurrence of the Veteran Readiness and Employment (VR&E) Officer is required in any case in which the CP or VRC does not approve a program of independent living services.

(Authority: 38 U.S.C. 3100)

(g) Responsible staff. A CP or VRC in the VR&E Division shall determine whether achievement of a vocational goal is:

(1) Reasonably feasible; or

(2) Not currently reasonably feasible under the provisions of paragraph (e) of this section for the purpose of determining present eligibility to receive a program of independent living services.

(Authority: 38 U.S.C. 3106(b), Pub. L. 99-576) [49 FR 40814, Oct. 18, 1984, as amended at 53 FR 50956, Dec. 19, 1988; 54 FR 37332, Sept. 8, 1989; 81 FR 26131, May 2, 2016; 87 FR 8742, Feb. 16, 2022]

Notes of Decisions

Cited in 4 cases, 1996–2016 · leading case: Jackson v. Shinseki, 338 F. App'x 898 (Fed. Cir. 2009).

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Jackson v. Shinseki, 338 F. App'x 898 (Fed. Cir. 2009). “Jackson contends that in denying his claim for vocational rehabilitation, the regional office violated 38 C.F.R. § 21.53 , which sets forth the criteria the DVA uses to determine a veteran’s “reasonable feasibility of achieving a vocational goal.”

Kandik v. Brown, 9 Vet. App. 434 (Vet. App. 1996). “38 C.F.R § 21.53(d)(1995). In this case, VA decided that the appellant’s education and skills were not sufficiently well developed to achieve success in his field.”

10 36 152 (Board of Vet. App. 2016). · cites it 2× “§§ 3101 , 3106; 38 C.F.R. § 21.53 . In order to find that the achievement of a particular vocational goal is reasonably feasible, the facts must show that the effects of the veteran's disabilities, when considered in relation to his circumstances, do not prevent successful…”

13-08 334 (Board of Vet. App. 2016). · cites it 2× “44 , and if so, the length of the extension that is required; and (3) whether the achievement of a vocational goal is reasonably feasible as defined under 38 C.F.R. § 21.53 . According to the Supplemental Statement of the Case, the Veteran was sent a VA Form 28-1900 (Application…”

— 38 C.F.R. § 21.53(d)(1995) — 1 case

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