21.58—Redetermination of employment handicap and serious employment handicap.
(a) Prior to induction into a program.
A determination as to employment handicap, serious employment handicap, or eligibility for a program of employment services will not be changed except for:
(b) After induction into a program.
(1)
The Department of Veterans Affairs will not redetermine a finding of employment handicap, serious employment handicap, or eligibility for a program of employment services subsequent to the veteran's induction into a program because of a reduction in his or her disability rating, including a reduction to 0 percent:
(2)
The Department of Veterans Affairs may consider whether a finding of employment handicap should be changed to serious employment handicap when there is an increase in the degree of service-connected disability, or other significant change in the veteran's situation;
(3)
A redetermination of employment handicap, serious employment handicap, or eligibility for a program of employment services will be made when there is a clear and unmistakable error of fact or law.
(c) Following rehabilitation or discontinuance.
A veteran's eligibility and entitlement to assistance must be redetermined in any case in which:
(1)
The veteran is determined to be rehabilitated to the point of employability under the provisions of § 21.190 ;
(2)
The veteran is determined to meet the requirements for rehabilitation under the provisions of § 21.196; or
(3)
The veteran's program is discontinued under the provisions of § 21.198, except as described in § 21.198(c)(3).