Code of Federal Regulations Title 38. Pensions, Bonuses, and Veterans' Relief § 38.21.58 Redetermination of employment handicap and serious employment handicap

(1) Unmistakable error in fact or law;  or

(2) New and material evidence which justifies a change.

(1) The Department of Veterans Affairs will not redetermine a finding of employment handicap, serious employment handicap, or eligibility for a program of employment services subsequent to the veteran's induction into a program because of a reduction in his or her disability rating, including a reduction to 0 percent:

(2) The Department of Veterans Affairs may consider whether a finding of employment handicap should be changed to serious employment handicap when there is an increase in the degree of service-connected disability, or other significant change in the veteran's situation;

(3) A redetermination of employment handicap, serious employment handicap, or eligibility for a program of employment services will be made when there is a clear and unmistakable error of fact or law.

(1) The veteran is determined to be rehabilitated to the point of employability under the provisions of § 21.190;

(2) The veteran is determined to meet the requirements for rehabilitation under the provisions of § 21.196;  or

(3) The veteran's program is discontinued under the provisions of § 21.198, except as described in § 21.198(c)(3).