(a) Purpose. The purpose of interrupted status is to recognize that a variety of situations may arise in the course of a rehabilitation program in which a temporary suspension of the program is warranted. In each case, VA first must determine that the veteran will be able to return to a rehabilitation program or a program of employment services following the resolution of the situation causing the interruption. This determination will be documented in the veteran's record.
(Authority: 38 U.S.C. 3117)
(b) Assignment to “interrupted” status. A veteran's case will be assigned to interrupted status when:
(1) VA determines that a suspension of services being provided is necessary; and
(i) A definite date for resumption of the program is established; or
(ii) The evidence indicates the veteran will be able to resume the program at some future date, which can be approximately established.
(Authority: 38 U.S.C. 3110)
(c) Reasons for assignment to “interrupted” status. A veteran's case may be interrupted and assigned to interrupted status for reasons including but not limited to the following:
(1) Veteran does not initiate or continue rehabilitation process. If a veteran does not begin or continue the rehabilitation process, the veteran's case will be interrupted and assigned to interrupted status, including:
(i) A case in evaluation and planning status;
(ii) A case in extended evaluation status;
(iii) A case in rehabilitation to the point of employability status;
(iv) A case in independent living program status; or
(v) A case in employment services status.
(2) Unsatisfactory conduct and cooperation. If a veteran's conduct or cooperation becomes unsatisfactory, services and assistance may be interrupted as determined under provisions of §§ 21.362 and 21.364.
(3) Services not available. The veteran cannot continue the program because the necessary training and rehabilitation services are unavailable.
(4) Prior to assignment to “discontinued” status. A veteran's case shall be assigned to interrupted status prior to discontinuance and assignment to discontinued status in all cases except as provided in § 21.182(d) and upon the veteran's death. The purpose of assignment to interrupted status is to assure that all appropriate actions have been taken to help the veteran continue in his or her program before discontinuing benefits and services.
(5) Absences. The veteran is not entitled to be placed on authorized absence under §§ 21.340 through 21.350 while in interrupted status.
(Authority: 38 U.S.C. 3111)
(d) Reentrance from “interrupted” status. (1) A veteran in interrupted status may be assigned to his or her prior status or other appropriate status, if he or she reports for entrance or reentrance into the prescribed program at the time and place scheduled for the resumption of the rehabilitation program.
(2) If a veteran in interrupted status fails to report for entrance or reentrance into the program at the appointed time and place, the veteran's case will remain in interrupted status. The case manager will then determine whether there is a satisfactory reason for the veteran's failure to enter a new or reenter the prior program. If the evidence of record does not establish a satisfactory reason, the veteran's case will be discontinued and assigned to discontinued status.
(e) Case management responsibility during a period of interruption. The case manager shall maintain contact with the veteran during interruption and shall arrange for appropriate medical or other services the veteran needs to be able to enter or reenter a rehabilitation program or a program of employment services.
(Authority: 38 U.S.C. 3107)
Cross-Reference:See § 21.324 Reduction or termination date.
[49 FR 40814, Oct. 18, 1984, as amended at 52 FR 2518, Jan. 23, 1987]
Title 38 published on 2012-07-01
no entries appear in the Federal Register after this date.
This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.