§3106 Initial and extended evaluations; determinations regarding serious employment handicap

Summary

The VA must give any veteran with a service‑connected disability rated 10 percent or more who applies for these benefits an initial evaluation. That evaluation uses the services listed in section 3104(a)(1) as needed to decide two things: whether the veteran is eligible for benefits, and if eligible, whether the veteran has a serious employment handicap and whether pursuing a job goal is reasonably possible now when that can be decided without more testing. If the VA finds a serious employment handicap and a job goal is possible now, the veteran gets a written, individual vocational rehabilitation plan under section 3107(a). If the VA finds a serious employment handicap but cannot tell if a job goal is possible, the veteran gets an extended evaluation with the services in section 3104(a)(1), plus other services and help under section 3108 to improve the veteran’s chances. If, after initial and any extended evaluation, a job goal is not possible now, the VA will decide if the veteran can take part in independent living services under section 3120. The VA must make the feasibility decision as quickly as possible and, for any extended evaluation (including extensions under section 3105(a)), decide by the end of that evaluation or extension. The VA must give any reasonable doubt in favor of finding the job goal is reasonably feasible. For each extended evaluation and each rehabilitation program for a veteran with a serious employment handicap, the VA must assign an employee to manage and follow up on all services and to coordinate employment help under section 3117.