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| Counseling | 21.3100 – 21.3105 | ||||||||||||||||
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38 U.S.C. 501(a), 512, 3500-3566, and as noted in specific sections.
61 FR 26109, May 24, 1996, unless otherwise noted.
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Subscribe to: 38 CFR Part 21 Subpart C - Counseling
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61 FR 26109, May 24, 1996, unless otherwise noted.
(a) Purpose of counseling. The purpose of counseling is to assist:
(1) In selecting an educational or training objective;
(Authority: 38 U.S.C. 3520)
(2) In developing a suitable program of education or training;
(Authority: 38 U.S.C. 3520)
(3) In selecting an educational institution or training establishment appropriate for the attainment of the educational or training objective;
(Authority: 38 U.S.C. 3561(a))
(4) In resolving any personal problems which are likely to interfere with successful pursuit of a program;
(Authority: 38 U.S.C. 3561(a))
(5) In selecting an employment objective for the eligible person that would be likely to provide the eligible person with satisfactory employment opportunities in light of his or her circumstances.
(Authority: 38 U.S.C. 3520, 3561(a))
(b) Availability of counseling. Counseling assistance is available for—
(1) Identifying and removing reasons for academic difficulties which may result in interruption or discontinuance of training; or
(2) In considering changes in career plans, and making sound decisions about the changes.
(Authority: 38 U.S.C. 3520, 3561(a))
(c) Provision of counseling. VA shall provide counseling as needed for the purposes identified in paragraphs (a) and (b) of this section upon the request of the eligible person.
(Authority: 38 U.S.C. 3520, 3561(a))
(a) Child. The Counseling Psychologist (CP) or Vocational Rehabilitation Counselor (VRC) will provide counseling and assist in preparing the educational plan only if the eligible child or his or her parent or guardian requests assistance, except that counseling is required for an eligible child if—
(1) The eligible child may require specialized vocational training or special restorative training; or
(2) The eligible child has reached the compulsory school attendance age under State law, but has neither reached his or her 18th birthday, nor completed secondary schooling. See § 21.3040(a).
(b) Spouse or surviving spouse. Counseling is required for a spouse or surviving spouse only if he or she desires specialized vocational training.
(Authority: 38 U.S.C. 3520, 3536, 3541, 3561)
[49 FR 40814, Oct. 18, 1984, as amended at 81 FR 26132, May 2, 2016]
VA will not act further on an eligible person's application for assistance under 38 U.S.C. chapter 35 when counseling is required for him or her and the eligible person—
(a) Fails to report;
(b) Fails to cooperate in the counseling process; or
(c) Does not complete counseling to the extent required under § 21.3102.
(Authority: 38 U.S.C. 3536, 3541, 3561(a))
(a) Initial counseling. A counseling psychologist or vocational rehabilitation counselor in the Veteran Readiness and Employment (VR&E) Division will counsel an eligible person with a disability who is a child, spouse, or surviving spouse before referring the case to the Vocational Rehabilitation Panel (established under § 21.60) for consideration as to the child's, spouse's or surviving spouse's need for a course of specialized vocational training or special restorative training. After consulting with the panel, and considering the panel's report, the counseling psychologist or vocational rehabilitation counselor will determine if the child, spouse, or surviving spouse needs a course of specialized vocational training or special restorative training, and where need is found to exist will prescribe a course which is suitable to accomplish the goals of 38 U.S.C. chapter 35.
(Authority: 38 U.S.C. 3536, 3540-3543, 3561(a))
(b) Counseling after special restorative training. When an eligible person completes or discontinues a course of special restorative training without having selected an objective and a program of education, a counseling psychologist or vocational rehabilitation counselor in the VR&E Division will provide additional counseling to assist him or her in selecting a program of education suitable to accomplish the purposes of 38 U.S.C. chapter 35.
(Authority: 38 U.S.C. 3561)
[61 FR 26109, May 24, 1996, as amended at 73 FR 2424, Jan. 15, 2008; 87 FR 8743, Feb. 16, 2022]
(a) General. VA shall determine and pay the necessary expense of travel to and from the place of counseling for an eligible person who is required to receive counseling as provided under 38 U.S.C. 111 (a), (d), (e), and (g).
(Authority: 38 U.S.C. 111 (a), (d), (e), and (g))
(b) Restriction. VA will not pay the necessary cost of travel to and from the place of counseling when counseling is not required, but is provided as a result of a voluntary request by the eligible person.
(Authority: 38 U.S.C. 111)