VR&E Regulations: Title-38/Section-21.50

(AND) Right to an initial assessment. The VA will conduct an initial evaluation of an individual who:

(1) Claims benefits under 38 U.S.C. Chapter 31; AND

(2) Meets the service-connected disability requirements of § 21.40.

(Authority: 38 USC 3101(9), 3106)

(B) Determinations to be made by VA during initial assessment. The Counseling Psychologist (CP) or Vocational Rehabilitation Counselor (VRC) will determine:

(1) Whether the individual has employment difficulties as determined under this section and § 21.51;

(2) Whether the person with an employment disability has a serious employment disability, as determined under this section and § 21.52; AND

(3) Whether it is currently reasonably feasible to achieve the career goal as described in § 21.53.

(Authority: 38 USC 3102, 3103)

(C) Factors to be assessed in the initial assessment. In making determinations pursuant to paragraph (b) of this section, the following factors shall be developed and evaluated:

(1) The disabling impact of an individual’s service-connected and non-service-connected disabilities on employability and independence in everyday life;

(2) an individual’s physical and mental capabilities, which may impact employability and the ability to function independently in daily activities within the family and community;

(3) The impact of the individual’s identified occupational disabilities on the individual’s ability to prepare for, obtain, and maintain appropriate employment;

(4) The individual’s abilities, aptitudes and interests;

(5) The individual’s personal history and current situation (including educational and training achievements, employment history, developmental and related occupationally relevant factors, adjustment to family and community); AND

(6) Other factors that may affect an individual’s employability.

(Authority: 38 USC 3106(a))

(D) The need for collaboration in the pre-assessment process. Individual cooperation is essential in the initial assessment process. If an individual does not cooperate, the Point of Contact or the VRC will use reasonable efforts to obtain the individual’s cooperation. If, despite these efforts, the individual does not cooperate, VA will suspend the initial review process (See § 21.362, relating to satisfactory conduct and cooperation, and § 21.364, relating to unsatisfactory conduct and cooperation).

(Authority: 38 USC 3111)

(72 FR 14042, March 26, 2007, amended at 75 FR 3165, January 20, 2010)