38 C.F.R. § 21.6080

Current through November 30, 2024
Section 21.6080 - Requirement for an individualized written rehabilitation or employment assistance plan
(a)General. An Individualized Written Rehabilitation Plan (IWRP) and/or Individualized Employment Assistance Plan (IEAP) will be developed for each program participant for services under 38 U.S.C. 1524 . These plans shall be developed in the same manner as for chapter 31 purposes. See §§ 21.80 , 21.84 , 21.88 , 21.90 , 21.92 , 21.94 (a) through (d) , and 21.96 .

(Authority: 38 U.S.C. 1524(b)(2) )

(b)Selecting the type of training to include in the plan. The use of on-job training, including non-pay training, a combination of on-job and institutional training, or institutional training to accomplish the goals of the program should be explored in each case. On-job training, or a combination of on-job and institutional training, should generally be used:
(1) When these options are available;
(2) When these options are as suitable as institutional training for accomplishing the goals of the program; and
(3) The veteran agrees that such training will meet his or her needs.

(Authority: 38 U.S.C. 1524(b) )

(c)Changes in the plan. Any change amending the duration of a veteran's plan is subject to provisions governing duration of a vocational training program described in § 21.6070 and § 21.6072 of this part.

(Authority: 38 U.S.C. 1524(b)(1) )

(d)Change in the vocational goal after 24 months of training. If a veteran seeks to change the vocational goal after receipt of 24 months of training and the change is not permitted under § 21.6070(f) of this part, the Counseling Psychologist (CP) or Vocational Rehabilitation Counselor (VRC) shall inform the veteran that:
(1) No change of goal may be authorized but training for the vocational goal previously established may be continued, if it is still reasonably feasible for the veteran to pursue the training under appropriate extensions of the program pursuant to § 21.6072 of this part;
(2) If the veteran elects to terminate the planned vocational training program, he or she shall be provided assistance, to the extent provided under § 21.80(d) of this part, in identifying other resources through which the training desired may be secured;
(3) If the veteran disagrees with the decision, the veteran's case shall be considered under the provisions of § 21.416 of this part.

Authority: 38 U.S.C. 1524 (b)(2)

38 C.F.R. §21.6080

53 FR 4397, Feb. 16, 1988, as amended at 81 FR 26132 , May 2, 2016; 84 FR 194 , Jan. 18, 2019
84 FR 194 , 2/19/2019