---
kind: "section"
citation: "38 C.F.R. § 21.283"
title: "38"
number: "21.283"
heading: "Rehabilitated."
url: "https://uscodex.org/cfr/38/21.283"
---

# §21.283. Rehabilitated.

- (a) **General.** For purposes of chapter 31 a veteran shall be declared rehabilitated when he or she has overcome the employment handicap to the maximum extent feasible as described in paragraph [(c)](#c), [(d)](#d) or [(e)](#e) of this section.
- (b) **Definition.** The term “suitably employed” includes employment in the competitive labor market, sheltered situations, or on a nonpay basis which is consistent with the veteran's abilities, aptitudes and interests if the criteria contained in [paragraph (c)](#c) (1) or (2) of this section are otherwise met.
- (c) **Rehabilitation to the point of employability has been achieved.** The veteran who has been found rehabilitated to the point of employability shall be declared rehabilitated if he or she:
  - (1) Is employed in the occupational objective for which a program of services was provided or in a closely related occupation for at least 60 continuous days;
  - (2) Is employed in an occupation unrelated to the occupational objective of the veteran's rehabilitation plan for at least 60 continuous days if the veteran concurs in the change and such employment:
    - (i) Follows intensive, yet unsuccessful, efforts to secure employment for the veteran in the occupation objective of a rehabilitation plan for a closely related occupation contained in the veteran's rehabilitation plan;
    - (ii) Is consistent with the veterans's aptitudes, interests, and abilities; and
    - (iii) Utilizes some of the academic, technical or professional knowledge and skills obtained under the rehabilitation plan; or
  - (3) Pursues additional education or training, in lieu of obtaining employment, after completing his or her prescribed program of training and rehabilitation services if:
    - (i) The additional education or training is not approvable as part of the veteran's rehabilitation program under this chapter; and
    - (ii) Achievement of employment consistent with the veterans's aptitudes, interests, and abilities will be enhanced by the completion of the additional education or training.
- (d) **Rehabilitation to the point of employability has not been completed.** A veteran under a rehabilitation plan who obtains employment without being declared rehabilitated to the point of employability as contemplated by the plan, including a veteran in a rehabilitation program consisting solely of employment services, is considered to be rehabilitated if the following conditions exist:
  - (1) The veteran obtains and retains employment substantially using the services and assistance provided under the plan for rehabilitation.
  - (2) **The employment obtained is consistent with the veterans's abilities, aptitudes and interests.**
  - (3) **Maximum services feasible to assist the veteran to retain the employment obtained have been provided.**
  - (4) **The veteran has maintained the employment for at least 60 continuous days.**
- (e) **Independent living.** A veteran who has pursued a program of independent living services will be considered rehabilitated when all goals of the program have been achieved, or if not achieved, when:
  - (1) The veteran, nevertheless, has attained a substantial increase in the level of independence with the program assistance provided;
  - (2) The veteran has maintained the increased level of independence for at least 60 days; and
  - (3) **Further assistance is unlikely to significantly increase the veteran's level of independence.**

## Notes

### Amendments

[58 FR 68768, Dec. 29, 1993]

### 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

[58 FR 68768, Dec. 29, 1993]