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Current as of January 02, 2025 | Updated by Findlaw Staff
(a) Number of evaluations. No more than 3,500 evaluations of the reasonable feasibility of achieving a vocational goal may be given during any 12–month period, beginning on February 1, 1985, and each subsequent February 1 during the program period.
(Authority: 38 U.S.C. 1524(a)(3); Pub.L. 100–227)
(b) Cases counted as evaluation. An evaluation is deemed to be countable against the 3,500 limit permitted during each 12–month period when the following conditions are met:
(1) The veteran is provided one or more personal interviews by a Counseling Psychologist (CP) or Vocational Rehabilitation Counselor (VRC); and
(2) A determination of the reasonable feasibility of achieving a vocational goal is made by the CP or VRC.
(Authority: 38 U.S.C. 1524(a)(3); Pub.L. 100–227)
(c) Cases not counted as evaluations. Computation of the number of evaluations which may be provided in a 12–month period shall exclude cases in which:
(1) The veteran under age 45 awarded pension during the program period is unable to participate for reasons beyond his or her control;
(2) Review of available information does not indicate a good potential for employment of other qualified veterans.
(3) The veteran either fails to keep a scheduled appointment to complete the evaluation or withdraws the claim for an evaluation, or
(4) The veteran who has completed an evaluation requires or requests a reevaluation.
(Authority: 38 U.S.C. 1524(a)(3); Pub.L. 100–227, Pub.L. 101–237)
(d) Priority. If a veteran below age 45 for whom an evaluation is required cannot be provided an evaluation during a particular 12–month period because of the limitation on the number of evaluations, the veteran will be given first priority for evaluation during the following 12–month period, or first available subsequent 12–month period, if otherwise eligible.
(Authority: 38 U.S.C. 1524(a)(3), Pub.L. 101–237)
Cite this article: FindLaw.com - Code of Federal Regulations Title 38. Pensions, Bonuses, and Veterans' Relief § 38.21.6059 Limitations on the number of evaluations - last updated January 02, 2025 | https://codes.findlaw.com/cfr/title-38-pensions-bonuses-and-veterans-relief/cfr-sect-38-21-6059/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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