{"data":{"id":"us/38-cfr-21.58","jurisdiction":"us","citation":"38 CFR 21.58","heading":"Redetermination of employment handicap and serious employment handicap.","body":"(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:\n(1) Unmistakable error in fact or law; or\n(2) New and material evidence which justifies a change.\n(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:\n(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;\n(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.\n(c) Following rehabilitation or discontinuance. A veteran's eligibility and entitlement to assistance must be redetermined in any case in which:\n(1) The veteran is determined to be rehabilitated to the point of employability under the provisions of § 21.190;\n(2) The veteran is determined to meet the requirements for rehabilitation under the provisions of § 21.196; or\n(3) The veteran's program is discontinued under the provisions of § 21.198, except as described in § 21.198(c)(3).","path":["Title 38—Pensions, Bonuses, and Veterans' Relief","CHAPTER I—DEPARTMENT OF VETERANS AFFAIRS","PART 21—VETERAN READINESS AND EMPLOYMENT AND EDUCATION","Subpart A—Veteran Readiness and Employment"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-38.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:25:50Z","sha256":"74a9ed2b9f4d58fd9f2bd656d84f57a30d7b6f26621202eb87de4ce8ed391e1f","source_id":"us-cfr","stale":true,"prev":"us/38-cfr-21.57","next":"us/38-cfr-21.60"},"notice":"GroundRules: Original legal text. Not legal advice."}