---
kind: "section"
citation: "38 C.F.R. § 21.100"
title: "38"
number: "21.100"
heading: "Counseling."
url: "https://uscodex.org/cfr/38/21.100"
---

# §21.100. Counseling.

- (a) **General.** A veteran requesting or being furnished assistance under Chapter 31 shall be provided professional counseling services by Veteran Readiness and Employment (VR&E) Service and other staff as necessary to:
  - (1) Carry out an initial evaluation in each case in which assistance is requested;
  - (2) Develop a rehabilitation plan or plan for employment services in each case in which the veteran is found during the initial evaluation to be eligible and entitled to services;
  - (3) Assist veterans found ineligible for services under Chapter 31 to the extent provided in [§ 21.82](/cfr/38/21.82.md); and
  - (4) Try to overcome problems which arise during the course of the veteran's rehabilitation program or program of employment services.
- (b) **Types of counseling services.** VA will furnish comprehensive counseling services, including but not limited to
  - (1) Psychological;
  - (2) Vocational;
  - (3) Personal adjustment;
  - (4) Employment;
  - (5) **Educational.**
- (c) **Qualifications.** Counseling services may only be furnished by VA or other personnel who meet requirements established under provisions of [§ 21.380](/cfr/38/21.380.md) and other policies of the VA pertaining to the qualifications of staff providing assistance under Chapter 31.
- (d) **Limitations.**
  - (1) If a veteran resides within a State, counseling services necessary to carry out the initial evaluation and the development of a rehabilitation plan or a program of employment services will be furnished by Counseling Psychologists (CP) or Vocational Rehabilitation Counselors (VRC) in the VR&E Division;
  - (2) If a veteran does not reside in a State the counseling services necessary to carry out an initial evaluation may be accomplished in the same manner as for a veteran residing in a State or through other arrangements when deemed appropriate by the VR&E Division. These alternative arrangements include, but are not limited to:
    - (i) Use of counseling centers or individual qualified professionals under contract to VA; and
    - (ii) **Professional staff of other Federal agencies located in the area in which the veteran resides.**
  - (3) **Alternative arrangements to provide counseling are subject to the following requirements—**
    - (i) All arrangements must be consistent with the provisions of [paragraph (c)](#c) of this section regarding utilization of professionally qualified persons to provide counseling services during the initial evaluation;
    - (ii) All determinations of eligibility, entitlement and the development of a rehabilitation plan will continue to be made by a CP or VRC in the VR&E Division.
  - (4) If a CP or VRC in the VR&E Division determines that the evidence of record is insufficient to carry out an initial evaluation in a case in which alternative arrangements were used, VA staff may authorize the veteran to travel to a VA facility to complete the evaluation.
- (e) **Definition.** For the purposes of this section, the term State means each of the several States, the District of Columbia, and the Commonwealth of Puerto Rico.

## Notes

### Amendments

[49 FR 40814, Oct. 18, 1984, as amended at 54 FR 32071, Aug. 4, 1989; 62 FR 17708, Apr. 11, 1997; 81 FR 26132, May 2, 2016; 87 FR 8743, Feb. 16, 2022]

### Authority

Authority: 38 U.S.C. 501(a), chs. 18, 31, and as noted in specific sections.

### Source

Source: 49 FR 40814, Oct. 18, 1984, unless otherwise noted.

### Amendments

[49 FR 40814, Oct. 18, 1984, as amended at 54 FR 32071, Aug. 4, 1989; 62 FR 17708, Apr. 11, 1997; 81 FR 26132, May 2, 2016; 87 FR 8743, Feb. 16, 2022]