VR&E Regulations: Title-38/Section-21.100

(AND) General. A Veteran requesting or receiving assistance under Chapter 31 will be provided with professional counseling services by the Veteran Readiness and Employment (VR&E) Service and other personnel as necessary to:

(1) Conduct an initial assessment in each case for which assistance is requested;

(2) Develop a rehabilitation plan or employment services plan in each case in which the veteran is determined to be eligible and eligible for services during the initial evaluation;

(3) Assistance to veterans who are determined to be ineligible for Chapter 31 benefits to the extent provided in § 21.82; AND

(4) Attempt to overcome problems that arise during a veterans rehabilitation or employment services program.

(Authority: 38 USC 3101)

(B) Types of consulting services. VA will provide comprehensive consulting services, including, but not limited to

(1) Psychological;

(2) Professional;

(3) Personal adjustment;

(4) Employment;

(5) Educational.

(Authority: 38 USC 3104(a)(2))

(C) Qualifications. Counseling services may be provided only by VA or other personnel meeting the requirements set forth in § 21.380 and other VA policies regarding the qualifications of Chapter 31 assistance personnel.

(Authority: 38 USC 3118)

(D) Limitations.

(1) If the Veteran resides within the State, counseling services necessary to conduct the initial assessment and develop a rehabilitation plan or employment services program will be provided by Counseling Psychologists (CPs) or Vocational Rehabilitation Counselors (VRCs) in the VR&E Division;

(2) If the veteran does not reside in the State, counseling services necessary to complete the initial evaluation may be provided in the same manner as for the veteran residing in the State, or through other arrangements as the Division of VR&E deems appropriate. These alternative solutions include, but are not limited to:

(i) use of counseling centers or individual qualified professionals under contract with VA; AND

(ii) Professional personnel from other Federal agencies located in the area where the veteran resides.

(3) Alternative arrangements for the provision of advice are subject to the following requirements:

(i) All arrangements must comply with the provisions of paragraph (c) of this section regarding the use of qualified persons to provide counseling services during the initial evaluation;

(ii) All determinations regarding eligibility, eligibility and development of a rehabilitation plan will continue to be made by the CP or VRC in the VR&E department.

(4) If the CP or VRC in the VR&E Division determines that the evidence in the file is insufficient to conduct an initial evaluation in a case where alternative arrangements have been made, VA staff may authorize the veteran to travel to a VA facility to complete the evaluation.

(Authority: 38 USC 3118(c))

(to me) Definition. For the purposes of this section, the term Country means each of the several states, the District of Columbia and the Commonwealth of Puerto Rico.

(Authority: 38 USC 101(20))

(49 FR 40814, October 18, 1984, amended by 54 FR 32071, August 4, 1989; 62 FR 17708, April 11, 1997; 81 FR 26132, May 2, 2016; 87 FR 8743, February 16, 2022)