38 C.F.R. § 21.52 Serious employment handicap.
Title 38 - Pensions, Bonuses, and Veterans' Relief
(a) Requirement of determination of serious employment handicap. A separate determination whether a serious employment handicap exists shall be made in each case in which an employment handicap is found. (b) Definition. The term serious employment handicap means a significant impairment of a veteran's ability to prepare for, obtain or retain employment consistent with such veteran's abilities, aptitudes, and interests. (c) Serious employment handicap exists. A veteran who has been found to have an employment handicap shall also be held to have serious employment handicap if he or she has: (1) A neuropsychiatric service-connected disability rated at thirty percent or more disabling; or (2) Any other service-connected disability rated at fifty percent or more disabling. (d) Serious employment handicap may exist. A veteran with a nonneuropsychiatric service-connected disability may be found to have a serious employment handicap even though the disability is rated at thirty or forty percent disabling, when either of the following conditions exists: (1) The veteran has a prior history of poor adjustment in training and employment, and special efforts will be needed if the veteran is to be rehabilitated; or (2) The veteran's situation presents special problems due to nonservice-connected disability, family pressures, etc., and a number of special and supportive services are needed to effect rehabilitation. (e) Serious employment handicap normally not found. A finding of serious employment handicap will normally not be made when a veteran's service-connected disability is rated at less than thirty percent disabling. A finding of serious employment handicap may nevertheless be made when: (1) The veteran's service-connected disability has caused substantial periods of unemployment or unstable work history; (2) The veteran has demonstrated a pattern of maladaptive behavior which is shown by a history of withdrawal from society or continuing dependency on government income support programs; and (f) Responsibility for determining serious employment handicap. A counseling psychologist in the Vocational Rehabilitation and Employment Division shall make determinations of serious employment handicap. [49 FR 40814, Oct. 18, 1984, as amended at 54 FR 37332, Sept. 8, 1989]
Title 38: Pensions, Bonuses, and Veterans' Relief
PART 21—VOCATIONAL REHABILITATION AND EDUCATION
Subpart A—Vocational Rehabilitation Under 38 U.S.C. Chapter 31
Initial and Extended Evaluation
§ 21.52 Serious employment handicap.
