§21.58. Redetermination of employment handicap and serious employment handicap.
38 C.F.R. § 21.58
Prior to induction into a program. A determination as to employment handicap, serious employment handicap, or eligibility for a program of employment services will not be changed except for:
Unmistakable error in fact or law; or
New and material evidence which justifies a change.
After induction into a program.
The Department of Veterans Affairs will not redetermine a finding of employment handicap, serious employment handicap, or eligibility for a program of employment services subsequent to the veteran's induction into a program because of a reduction in his or her disability rating, including a reduction to 0 percent:
The Department of Veterans Affairs may consider whether a finding of employment handicap should be changed to serious employment handicap when there is an increase in the degree of service-connected disability, or other significant change in the veteran's situation;
A redetermination of employment handicap, serious employment handicap, or eligibility for a program of employment services will be made when there is a clear and unmistakable error of fact or law.
Following rehabilitation or discontinuance. A veteran's eligibility and entitlement to assistance must be redetermined in any case in which:
The veteran is determined to be rehabilitated to the point of employability under the provisions of § 21.190;
The veteran is determined to meet the requirements for rehabilitation under the provisions of § 21.196; or
The veteran's program is discontinued under the provisions of § 21.198, except as described in § 21.198(c)(3).
Notes, amendments, and revision history
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.