§21.40. Basic entitlement to vocational rehabilitation benefits and services. — Inbound Citations
38 C.F.R. § 21.40
Statutory Authority
Cited by 8 regulations in release Current.
Citations to 38 U.S.C. § 21.40 as a whole
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(e) Subject to the provisions of § 21.240, a veteran participating in VA's Veteran Readiness and Employment (VR&E) program described in §§ 21.1 through 21.430 will receive VA care provided for in the “medical benefits package” set forth in § 17.38.
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(1) The Department of Veterans Affairs must first find that the veteran has basic entitlement to services as prescribed by § 21.40.
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(d) The effective date for retroactive induction is the date when all the entitlement conditions set forth in paragraph (c) of this section are met, and for a veteran (except as to a period prior to discharge from active duty) in no event before the effective date of a VA rating under 38 U.S.C. chapter 11 establishing a qualifying level under § 21.40 of service-connected disability.
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(a) The basic period of eligibility does not commence until the day VA notifies a veteran of a rating determination by VA that the veteran has a qualifying compensable service-connected disability under § 21.40.
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(3) The veteran meets the criteria for eligibility described in § 21.40; and
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(2) Meets the service-connected disability requirements of § 21.40.
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(c) The provisions of §§ 21.1 through 21.430, generally applicable to veterans eligible for benefits under chapter 31, apply except as added to or modified by the provisions of the following sections. Participants not found eligible for chapter 31 benefits may nevertheless receive counseling services under 38 U.S.C. 3104(a)(2) and placement and postplacement services under 38 U.S.C. 3104(a)(5).
Citations to §21.40(c)
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(i) A period under § 21.40(c) during which a servicemember was awaiting discharge for disability; or