38 C.F.R. §§ 21.80–21.96

§21.80. Requirement for a rehabilitation plan.

38 C.F.R. § 21.80

(a)

General. An IWRP (Individualized Written Rehabilitation Plan) will be developed for each veteran eligible for rehabilitation services under Chapter 31. The plan is intended to assist in:

(1)

Providing a structure which allows Veteran Readiness and Employment (VR&E) staff to translate the findings made in the course of the initial evaluation into specific rehabilitation goals and objectives;

(2)

Monitoring the veteran's progress in achieving the rehabilitation goals established in the plan;

(3)

Assuring the timeliness of assistance by Department of Veterans Affairs staff in providing services specified in the plan; and

(4)

Evaluating the effectiveness of the planning and delivery of rehabilitation services by VR&E staff.

(b)

When a plan is prepared. A plan will be prepared in each case in which a veteran will pursue:

(1)

A vocational rehabilitation program, as that term is defined in § 21.35(i);

(2)

An extended evaluation program;

(3)

An independent living services program; or

(4)

An employment program.

(c)

Plan—a generic term. The term plan refers to the IWRP (Individualized Written Rehabilitation Plan) § 21.84, IEEP (Individualized Extended Evaluation Plan) § 21.86, IEAP (Individualized Employment Assistance Plan) § 21.88, and IILP (Individualized Independent Living Plan) § 21.90.

(d)

Plan not required. A plan will not be prepared for a veteran who is not eligible for any assistance under Chapter 31. Department of Veterans Affairs staff, with the veteran's assistance and cooperation, will utilize information developed in the course of an initial evaluation to assist the veteran to develop alternatives for education and training, independence in daily living, or employment assistance. This assistance should help the veteran in achieving attainable vocational, independent living and employment goals utilizing benefits and services for which the veteran may be eligible under other Department of Veterans Affairs or non-Department of Veterans Affairs programs.

Notes, amendments, and revision history

Amendments

[49 FR 40814, Oct. 18, 1984, as amended at 87 FR 8743, Feb. 16, 2022]

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

[49 FR 40814, Oct. 18, 1984, as amended at 87 FR 8743, Feb. 16, 2022]

§21.82. Completing the plan under Chapter 31.

38 C.F.R. § 21.82

(a)

Serious employment handicap. Each plan for a veteran with a serious employment handicap shall provide for completion of the program provided by the plan under Chapter 31. The provisions of § 21.70 and § 21.78(c) are designed to enable a veteran with a serious employment handicap to pursue and complete a rehabilitation plan under Department of Veterans Affairs auspices. These provisions shall be used as necessary to accomplish the goals of the plan.

(b)

Employment handicap. A plan for a veteran with an employment handicap that is not a serious employment handicap shall require that the program be completed within 48 months, if the veteran is not eligible for an extension as provided in § 21.78. When the program provided by the plan cannot be completed under Chapter 31 because of limitations imposed by the veteran's termination date or months of remaining entitlement, realistic, comprehensive and detailed arrangements must be made which will enable the veteran to successfully complete training under other auspices. If an arrangement cannot be made which meets these requirements, the long-range vocational goal of the veteran must be reevaluated, and another vocational goal selected which can be completed using the veteran's remaining Chapter 31 resources.

(c)

Employment assistance when training is not completed under Chapter 31. A plan for employment assistance may be implemented even though the veteran's training has not been or will not be completed under Chapter 31.

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.

§21.84. Individualized written rehabilitation plan.

38 C.F.R. § 21.84

(a)

Purpose. The purposes of the IWRP (Individualized Written Rehabilitation Plan) are to:

(1)

Identify goals and objectives to be achieved by the veteran during the period of rehabilitation services that will lead to the point of employability;

(2)

Plan for placement of the veteran in the occupational field for which training and other services will be provided; and

(3)

Specify the key services needed by the veteran to achieve the goals and objectives of the plan.

(b)

Elements of the plan. A plan will include the following:

(1)

A statement of long-range rehabilitation goals. Each statement of long-range goals shall include at a minimum:

(i)

One vocational goal for a veteran with an employment handicap; or

(ii)

One vocational goal and, if applicable, one independent living goal for a veteran with a serious employment handicap.

(2)

Intermediate rehabilitation objectives; Intermediate objectives are statements of achievement expected of the veteran to attain the long-range goal. The development of appropriate intermediate objectives is the cornerstone of an effective plan. Intermediate objectives should have the following characteristics:

(i)

The activity specified relates to the achievement of the goal;

(ii)

The activity specified is definable in terms of observable behavior (e.g., pursuing an A.A. degree);

(iii)

The activity has a projected completion date;

(iv)

The outcome desired upon completion is measurable (e.g., receiving an A.A. degree).

(3)

The specific services to be provided by the Department of Veterans Affairs as stated. Counseling shall be included in all plans for a veteran with a serious employment handicap.

(4)

The projected starting and completion dates of the planned services and the duration of each service;

(5)

Objective criteria and an evaluation procedure and schedule for determining whether the objectives and goals are being achieved as set forth; and

(6)

The name, location, and phone number of the VBA case manager.

Notes, amendments, and revision history

Amendments

[49 FR 40814, Oct. 18, 1984; 50 FR 9622, Mar. 11, 1985]

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

[49 FR 40814, Oct. 18, 1984; 50 FR 9622, Mar. 11, 1985]

§21.86. Individualized extended evaluation plan.

38 C.F.R. § 21.86

(a)

Purpose. The purpose of an IEEP is to identify the services needed for the VA to determine the veteran's current ability to achieve a vocational goal when this cannot reasonably be determined during the initial evaluation.

(b)

Elements of the plan. An IEEP shall include the same elements as an IWRP except that:

(1)

The long range goal shall be to determine achievement of a vocational goal is currently reasonably feasible;

(2)

The intermediate objectives relate to problems of questions which must be resolved for the VA to determine the current reasonable feasibility of achieving a vocational goal.

Notes, amendments, and revision history

Amendments

[53 FR 50957, Dec. 19, 1988]

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

[53 FR 50957, Dec. 19, 1988]

§21.88. Individualized employment assistance plan.

38 C.F.R. § 21.88

(a)

Purpose. The purpose of the IEAP (Individualized Employment Assistance Plan) is to assure that a comprehensive, thoughtful approach is taken, enabling eligible veterans to secure suitable employment.

(b)

Requirement for a plan. An IEAP will be prepared:

(1)

As part of an IWRP; or

(2)

When the veteran is eligible for employment assistance under provisions of § 21.47.

(c)

Elements of the plan. The IEAP shall follow the same structure as the IWRP. Each IEAP will include full utilization of community resources to enable the veteran to:

(1)

Secure employment; and

(2)

Maintain employment.

(d)

Preparation of the IEAP. Preparation of the IEAP will be completed:

(1)

No later than 60 days before the projected end of the period of rehabilitation services leading to the point of employability; or

(2)

Following initial evaluation when employment services constitute the whole of the veteran's program under provisions of § 21.47.

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.

§21.90. Individualized independent living plan.

38 C.F.R. § 21.90

(a)

Purpose. The purpose of the IILP is to identify the steps through which a veteran, whose disabilities are so severe that a vocational goal is not currently reasonably feasible, can become more independent in daily living within the family and community.

(b)

Elements of the plan. The IILP shall follow the same structure as the IWRP. The plan will include:

(1)

Services which may be provided under Chapter 31 to achieve independence in daily living;

(2)

Utilization of programs with a demonstrated capacity to provide independent living services for severely handicapped persons;

(3)

Services provided under other Department of Veterans Affairs and non-Department of Veterans Affairs programs needed to achieve the goals of the plan;

(4)

Arrangements for maintaining the improved level of independence following completion of the plan.

Notes, amendments, and revision history

Amendments

[49 FR 40814, Oct. 18, 1984, as amended at 53 FR 50957, Dec. 19, 1988]

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

[49 FR 40814, Oct. 18, 1984, as amended at 53 FR 50957, Dec. 19, 1988]

§21.92. Preparation of the plan.

38 C.F.R. § 21.92

(a)

General. The plan will be jointly developed by Department of Veterans Affairs staff and the veteran.

(b)

Approval of the plan. The terms and conditions of the plan must be approved and agreed to by the Counseling Psychologist (CP) or Vocational Rehabilitation Counselor (VRC), the vocational rehabilitation specialist, and the veteran.

(c)

Implementation of the plan. The vocational rehabilitation specialist or CP or VRC designated as case manager has the primary role in carrying out Department of Veterans Affairs responsibility for implementation of the plan.

(d)

Responsible staff. The CP or VRC has the primary responsibility for the preparation of plans.

Notes, amendments, and revision history

Amendments

[49 FR 40814, Oct. 18, 1984, as amended at 81 FR 26131, May 2, 2016]

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

[49 FR 40814, Oct. 18, 1984, as amended at 81 FR 26131, May 2, 2016]

§21.94. Changing the plan.

38 C.F.R. § 21.94

(a)

General. The veteran, the Counseling Psychologist (CP) or Vocational Rehabilitation Counselor (VRC) or the vocational rehabilitation specialist may request a change in the plan at any time.

(b)

Long-range goals. A change in the statement of a long-range goal may only be made following a reevaluation of the veteran's rehabilitation program by the CP or VRC. A change may be made when:

(1)

Achievement of the current goal(s) is no longer reasonably feasible; or

(2)

The veteran's circumstances have changed or new information has been developed which makes rehabilitation more likely if a different long-range goal is established; and

(3)

The veteran fully participates and concurs in the change.

(c)

Intermediate objectives or services. A change in intermediate objectives or services provided under the plan may be made by the case manager when such change is necessary to carry out the statement of long-range goals. The veteran must concur in the change.

(d)

Minor changes. Minor changes in the plan (e.g., changing the date of a scheduled evaluation) by the case manager may be made without the participation and concurrence of the veteran.

(e)

Changes in duration of the plan. Any change in the total duration of a veteran's rehabilitation plan is subject to provisions on duration of a rehabilitation program described in §§ 21.70-21.78.

Notes, amendments, and revision history

Amendments

[49 FR 40814, Oct. 18, 1984, as amended at 81 FR 26131, May 2, 2016]

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

[49 FR 40814, Oct. 18, 1984, as amended at 81 FR 26131, May 2, 2016]

§21.96. Review of the plan.

38 C.F.R. § 21.96

(a)

General. The veteran's progress in reaching the goals of the plan will be reviewed and evaluated as scheduled in the plan by the case manager and the veteran.

(b)

Comprehensive review required. The case manager and the veteran will review all of the terms of the plan and the veteran's progress at least every twelve months. On the basis of such review the veteran and the case manager will agree whether the plan should be:

(1)

Retained in its current form;

(2)

Amended; or

(3)

Redeveloped.

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.