When a course of special restorative training has been interrupted and the eligible person presents himself or herself for reentrance, the Department of Veterans Affairs will act as follows:
(a) Reentrance without corrective action. A counseling psychologist or vocational rehabilitation counselor will approve reentrance when special restorative training was interrupted:
(1) For a scheduled vacation period, such as a summer break,
(2) For a short period of illness, or
(3) For other reasons which permit reentrance in the same course of special restorative training without corrective action. (Authority: 38 U.S.C. 3543(b))
(b) Consultation with Vocational Rehabilitation Panel. (1) A counseling psychologist or vocational rehabilitation counselor will consult with the Vocational Rehabilitation Panel when special restorative training was interrupted--
(1) A counseling psychologist or vocational rehabilitation counselor will consult with the Vocational Rehabilitation Panel when special restorative training was interrupted--
(i) By reason of failure to maintain satisfactory conduct or progress, or
(ii) For any other reason, which requires corrective action, such as changes of place of training, change of course, personal adjustment, etc.
(2) If the counseling psychologist or vocational rehabilitation counselor determines that the conditions which caused the interruption can be overcome, he or she will approve the necessary adjustment.
(3) The counseling psychologist or vocational rehabilitation counselor will make a finding of infeasibility if--
(i) All efforts to effect proper adjustment in the case have failed; and
(ii) There is substantial evidence, resolving any reasonable doubt in favor of the eligible person (as discussed in Sec. 3.102 of this chapter), that additional efforts will be unsuccessful. (Authority: 38 U.S.C. 3541, 3543(b)) [48 FR 37973, Aug. 22, 1983, as amended at 49 FR 42726, Oct. 24, 1984; 73 FR 2425, Jan. 15, 2008] Sec. 21.3307 ``Discontinued'' status.
(a) Placement in ``discontinued'' status. If reentrance from interrupted status into a program of special restorative training is not approved under the provisions of Sec. 21.3306, a counseling psychologist or vocational rehabilitation counselor will place the case in discontinued status.
(b) Notification. In any case of discontinuance the Department of Veterans Affairs will:
(1) Notify the eligible person of the action taken, except that if the eligible person has a guardian or has not attained majority under laws applicable in his or her State of residence, VA will notify his or her parent or guardian (see Sec. 21.3021(d)) of the action taken.
(2) Inform the eligible person of his or her potential right to a program of education, except that if the eligible person has a guardian or has not attained majority under laws applicable in his or her State of residence, VA will inform his or her parent or guardian (see Sec. 21.3021(d)) of the eligible person's potential right to a program of education. (Authority: 38 U.S.C. 3501, 3543(b))
(c) Effect of discontinuance. An eligible person who has been placed in discontinued status is precluded from any further pursuit of special restorative training until a Department of Veterans Affairs counseling psychologist or vocational rehabilitation counselor in the Vocational Rehabilitation and Employment Division determines that the cause of the discontinuance has been removed. (Authority: 38 U.S.C. 3543(b)) [48 FR 37973, Aug. 22, 1983, as amended at 49 FR 42726, Oct. 24, 1984; 73 FR 2426, Jan. 15, 2008]
Payments; Special Restorative Training