---
kind: "section"
citation: "38 C.F.R. § 21.58"
title: "38"
number: "21.58"
heading: "Redetermination of employment handicap and serious employment handicap."
url: "https://uscodex.org/cfr/38/21.58"
---

# §21.58. Redetermination of employment handicap and serious employment handicap.

- (a) **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:
  - (1) Unmistakable error in fact or law; or
  - (2) **New and material evidence which justifies a change.**
- (b) **After induction into a program.**
  - (1) 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:
  - (2) 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;
  - (3) 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.
- (c) **Following rehabilitation or discontinuance.** A veteran's eligibility and entitlement to assistance must be redetermined in any case in which:
  - (1) The veteran is determined to be rehabilitated to the point of employability under the provisions of [§ 21.190](/cfr/38/21.190.md);
  - (2) The veteran is determined to meet the requirements for rehabilitation under the provisions of [§ 21.196](/cfr/38/21.196.md); or
  - (3) The veteran's program is discontinued under the provisions of [§ 21.198](/cfr/38/21.198.md), except as described in [§ 21.198(c)(3)](/cfr/38/21.198.md?p=c-3).

## Notes

### 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.