---
kind: "section"
citation: "38 C.F.R. § 21.6059"
title: "38"
number: "21.6059"
heading: "Limitations on the number of evaluations."
url: "https://uscodex.org/cfr/38/21.6059"
---

# §21.6059. Limitations on the number of evaluations.

- (a) **Number of evaluations.** No more than 3,500 evaluations of the reasonable feasibility of achieving a vocational goal may be given during any 12-month period, beginning on February 1, 1985, and each subsequent February 1 during the program period.
- (b) **Cases counted as evaluation.** An evaluation is deemed to be countable against the 3,500 limit permitted during each 12-month period when the following conditions are met:
  - (1) The veteran is provided one or more personal interviews by a Counseling Psychologist (CP) or Vocational Rehabilitation Counselor (VRC); and
  - (2) **A determination of the reasonable feasibility of achieving a vocational goal is made by the CP or VRC.**
- (c) **Cases not counted as evaluations.** Computation of the number of evaluations which may be provided in a 12-month period shall exclude cases in which:
  - (1) The veteran under age 45 awarded pension during the program period is unable to participate for reasons beyond his or her control;
  - (2) Review of available information does not indicate a good potential for employment of other qualified veterans.
  - (3) The veteran either fails to keep a scheduled appointment to complete the evaluation or withdraws the claim for an evaluation, or
  - (4) **The veteran who has completed an evaluation requires or requests a reevaluation.**
- (d) **Priority.** If a veteran below age 45 for whom an evaluation is required cannot be provided an evaluation during a particular 12-month period because of the limitation on the number of evaluations, the veteran will be given first priority for evaluation during the following 12-month period, or first available subsequent 12-month period, if otherwise eligible.

## Notes

### Amendments

[53 FR 4397, Feb. 16, 1988, as amended at 55 FR 17272, Apr. 24, 1990; 56 FR 21448, May 9, 1991; 81 FR 26132, May 2, 2016]

### Authority

Authority: Pub. L. 98-543, 38 U.S.C. 501 and chapter 15, sections specifically cited, unless otherwise noted.

### Source

Source: 53 FR 4397, Feb. 16, 1988, unless otherwise noted.

### Amendments

[53 FR 4397, Feb. 16, 1988, as amended at 55 FR 17272, Apr. 24, 1990; 56 FR 21448, May 9, 1991; 81 FR 26132, May 2, 2016]