38 CFR §21.312
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
- (a)General. VA will consider that a veteran with reduced work tolerance is pursuing a rehabilitation program full-time when the amount of time the veteran is devoting to his or her program is as great as the effects of his or her disability (service and nonservice-connected) will permit.
- (b)Pursuit of a program. A veteran with reduced work tolerance may pursue a rehabilitation program when the following conditions are met:
- (c)Redetermination of work tolerance. As necessary, but not less than once yearly, the veteran's work tolerance will be reevaluated. The rate of pursuit required to meet the standard of full-time pursuit will be modified if there is either an increase or decrease in the work tolerance of the veteran.
- (d)Payment of allowance. A veteran with a reduced work tolerance will be paid a subsistence allowance, at the full-time rate for the type of program being pursued, when the veteran meets the standard for full-time pursuit established for him or her in the Plan. A veteran with reduced work tolerance, who elects benefits at the Chapter 34 rate, will have to meet normal attendance requirements for that chapter, however.
- (e)Determining work tolerance. A VA physician will make all determinations and redeterminations of work tolerance.