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  <FDSYS>
    <CFRTITLE>38</CFRTITLE>
    <CFRTITLETEXT>Pensions, Bonuses, and Veterans' Relief</CFRTITLETEXT>
    <VOL>2</VOL>
    <DATE>2006-07-01</DATE>
    <ORIGINALDATE>2006-07-01</ORIGINALDATE>
    <COVERONLY>false</COVERONLY>
    <TITLE>Special assistance for veterans in self-employment.</TITLE>
    <GRANULENUM>21.258</GRANULENUM>
    <HEADING>Section 21.258</HEADING>
    <ANCESTORS>
      <PARENT HEADING="Title 38" SEQ="4">Pensions, Bonuses, and Veterans' Relief</PARENT>
      <PARENT HEADING="CHAPTER I" SEQ="3">DEPARTMENT OF VETERANS AFFAIRS (CONTINUED)</PARENT>
      <PARENT HEADING="PART 21" SEQ="2">VOCATIONAL REHABILITATION AND EDUCATION</PARENT>
      <PARENT HEADING="Subpart A" SEQ="1">Vocational Rehabilitation Under 38 U.S.C. Chapter 31</PARENT>
      <PARENT HEADING="" SEQ="0">Employment Services</PARENT>
    </ANCESTORS>
  </FDSYS>
  <SECTION>
    <SECTNO>§ 21.258</SECTNO>
    <SUBJECT>Special assistance for veterans in self-employment.</SUBJECT>
    <P>(a) <E T="03">General.</E> A veteran in a self-employment program is eligible for certain special assistance in addition to the services for which veterans in a vocational rehabilitation program are generally eligible under the provisions of § 21.252. A veteran may be provided the assistance described under § 21.214 to the extent of his or her eligibility for such services as determined under paragraphs (b) and (c) of this section and § 21.254(c).
    </P>
    <PARAUTH>(Authority: 38 U.S.C. 3116, 3117)</PARAUTH>
    
    <P>(b) <E T="03">Special services for the most severely disabled veterans.</E> Special services listed in § 21.214(e) shall be provided as necessary for the most severely disabled veterans. The term <E T="03">most severely disabled veteran</E> means a veteran who has been determined to have a serious employment handicap and limitations on employability arising from the effects of disability (service-connected and nonservice-connected) which necessitates selection of self-employment as the veteran's vocational goal. This category includes veterans requiring:</P>
    <P>(1) Homebound training and self-employment; or</P>

    <P>(2) Self-employment for other reasons even though the veteran is able to pursue training on other than a homebound basis, e.g., lack of suitable employment opportunities in the area.
    </P>
    <PARAUTH>(Authority: 38 U.S.C. 3104(a)(12))</PARAUTH>
    
    <P>(c) <E T="03">Special services for other veterans.</E> Special services described in § 21.214(e) <PRTPAGE P="171"/>may be furnished to a veteran with a serious employment handicap if the veteran also meets the following conditions:</P>
    <P>(1) Self-employment is clearly shown to be the soundest method of achieving rehabilitation; or</P>
    <P>(2) Self-employment is selected as an alternative to retaining the veteran in another occupation, and the cost of a self-employment program will not exceed the cost of retraining in another occupation.</P>
    <P>(d) <E T="03">Assisting a veteran with an employment handicap to become self-employed.</E> A veteran with an employment handicap may not be furnished any of the special services described in § 21.214(e). However, if it is determined that consideration of self-employment is warranted, VA may provide:</P>
    <P>(1) Incidental training in the management of a small business;</P>
    <P>(2) License or other fees required for employment and self-employment; and</P>

    <P>(3) The tools and supplies which would ordinarily be required for the veteran to begin employment in the field in which the veteran has trained.
    </P>
    <PARAUTH>(Authority: 38 U.S.C. 3104(a)(12))</PARAUTH>
    <CITA>[49 FR 40814, Oct. 18, 1984; 50 FR 9622, Mar. 11, 1985, as amended at 55 FR 25975, June 26, 1990; 55 FR 28511, July 11, 1990]</CITA>
  </SECTION>
  <SUBJGRP>
    <HD SOURCE="HED">Monetary Assistance Services</HD>
  </SUBJGRP>
</CFRGRANULE>
