38 C.F.R. § 21.42 Basic period of eligibility deferred.
Title 38 - Pensions, Bonuses, and Veterans' Relief
The basic twelve-year period of eligibility does not begin to run if the veteran was prevented from beginning or continuing a vocational rehabilitation program for one of the following reasons: (a) Qualifying compensable service-connected disability established. The basic twelve-year period shall not begin to run until the veteran establishes the existence of a compensable service-connected disability described in §21.40(a). When the veteran establishes the existence of a compensable service-connected disability described in §21.40(a), the basic twelve-year period begins on the day the Department of Veterans Affairs notifies the veteran of this. The ending date is twelve years from the beginning date. (b) Character of discharge. (1) The basic twelve-year period of eligibility shall not begin to run during any period when the veteran had not met the requirement of a discharge or release from the active military, naval or air services under conditions other than dishonorable before: (i) The discharge or release was changed by appropriate authority, or (ii) The Department of Veterans Affairs determines that the discharge or release was under conditions other than dishonorable. (2) The basic twelve-year period shall not begin to run during any period in which the veteran's discharge or dismissal was considered a bar to benefits by the Department of Veterans Affairs, before this bar is removed by the Department of Veterans Affairs. (3) When there is a change in the character of discharge or dismissal under paragraph (b) (1) or (2) of this section the beginning date of the basic twelve-year period of eligibility is the effective date of the change. Determination of character of discharge and change in the character of discharge shall be made under the provisions of §3.12. The ending date is twelve years from the beginning date. (c) Medical condition prevents initiation or continuation. (1) The basic 12-year period of eligibility shall not begin to run or continue to run during any period of 30 days or more in which the veteran's participation in vocational rehabilitation is infeasible because of the veteran's medical condition, which condition may include the disabling effects of chronic alcoholism, subject to paragraph (c)(5) of this section. The 12-year period shall begin or resume when it is feasible for the veteran to participate in a vocational rehabilitation program, as that term is defined in §21.35. (2) The term disabling effects of chronic alcoholism means alcohol-induced physical or mental disorders or both, such as habitual intoxication, withdrawal, delirium, amnesia, dementia, and other like manifestations of chronic alcoholism which, in the particular case: (i) Have been medically diagnosed as manifestations of alcohol dependency or chronic alcohol abuse; and (ii) Are determined to have prevented commencement or completion of the affected individual's rehabilitation program. (3) A diagnosis of alcoholism, chronic alcoholism, alcohol dependency, chronic alcohol abuse, etc., in and of itself, does not satisfy the definition of disabling effects of chronic alcoholism. (4) Injury sustained by a veteran as a proximate and immediate result of activity undertaken by the veteran while physically or mentally unqualified to do so due to alcoholic intoxication is not considered a disabling effect of chronic alcoholism. (5) The disabling effects of chronic alcoholism, which prevent initiation or continuation of participation in a vocational rehabilitation program after November 17, 1988, shall not be considered to be the result of willful misconduct. [49 FR 40814, Oct. 18, 1984; 50 FR 9622, Mar. 11, 1985, as amended at 55 FR 40171, Oct. 2, 1990; 56 FR 15836, Apr. 18, 1991]
Title 38: Pensions, Bonuses, and Veterans' Relief
PART 21—VOCATIONAL REHABILITATION AND EDUCATION
Subpart A—Vocational Rehabilitation Under 38 U.S.C. Chapter 31
Periods of Eligibility
§ 21.42 Basic period of eligibility deferred.
