§21.257. Self-employment.
38 C.F.R. § 21.257
Approval of self-employment as a vocational goal. A program of vocational rehabilitation benefits and services may include self-employment for an individual if VA determines that such an objective is a suitable vocational goal. VA will make this determination based on—
The results of the individual's initial evaluation conducted in accordance with the provisions of § 21.50; and
The provisions of this section.
Definition. For purposes of this subpart, individuals with the most severe service-connected disability(ies) who require self-employment means individuals who have been determined by VA to have limitations affecting employability arising from the effects of each individual's service-connected disability(ies), which are so severe as to necessitate selection of self-employment as the only reasonably feasible vocational goal for the individuals.
Scope of self-employment benefits and services.
VA may provide the self-employment services listed in paragraph (d) of this section to program participants who are pursuing the vocational goal of self-employment.
VA may provide the more extensive services listed in paragraph (e) of this section to individuals with the most severe service-connected disability(ies) who require self-employment.
Assistance for other individuals in self-employment. Subject to the provisions of § 21.258, VA may provide the following assistance to any individual for whom self-employment is determined to be a suitable vocational goal—
Vocational training;
Incidental training in the management of a business;
License or other fees required for self-employment;
Necessary tools and supplies for the occupation; and
Services described in § 21.252.
Special self-employment services for individuals with the most severe service-connected disability(ies) who require self-employment. Individuals described in paragraph (b) of this section who are in a self-employment program may receive—
The services described in paragraph (d) of this section; and
The assistance described in § 21.214.
Feasibility analysis of a proposed self-employment business plan. VA will conduct a comprehensive review and analysis of the feasibility of a proposed business plan, as submitted by the individual or developed with VA's assistance, prior to authorizing a rehabilitation plan leading to self-employment (a “self-employment plan”). The feasibility analysis must include—
An analysis of the economic viability of the proposed business;
A cost analysis specifying the amount and types of assistance that VA will provide;
A market analysis for the individual's proposed services or products;
Availability of financing from non-VA sources, including the individual's personal resources, local banks, and other sources;
Evidence of coordination with the Small Business Administration to secure special consideration under section 8 of the Small Business Act, as amended;
The location of the site for the proposed business and the cost of the site, if any; and
A training plan to operate a successful business.
Notes, amendments, and revision history
Amendments
[75 FR 3170, Jan. 20, 2010]
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
[75 FR 3170, Jan. 20, 2010]