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VR&E regulations: 21.192 “Independent living program” status

(a) Purpose. The independent living program status serves to:

(1) Identify veterans who are being furnished a program of independent living services by VA; and

(2) Assure that such veterans receive necessary services from VA in a timely manner.

(b) Assignment to independent living program status. A veteran may be assigned or reassigned to independent living program status under the provisions of § 21.88, § 21.94, or § 21.96.

(Authority: 38 U.S.C. 3107)

(c) Continuation in independent living program status. A veteran will be in independent living program status during periods in which:

(1) The provisions of § 21.282 for induction into a program are met, but the veteran is pending induction into the facility at which rehabilitation services will be provided;

(2) The veteran receives rehabilitation services prescribed in an IILP; or

(3) The veteran is on authorized leave of absence status.

(Authority: 38 U.S.C. 3109, 3120)

(d) Termination of independent living program status. When a veteran’s case has been assigned to independent living program status, the case will be terminated from that status, if one of the following occurs:

(1) A veteran, who has been notified of necessary arrangements to begin a program, the date the program begins and instructions as to the next steps to be taken:

(i) Fails to report and does not respond to followup contact by the case manager;

(ii) Declines or refuses to enter the program; or

(iii) Defers entry for more than 30 days beyond the scheduled beginning date, unless the deferment is due to illness or other sufficient reason.

(2) The veteran completes the IILP;

(3) Either the veteran or VA interrupts the program;

(4) Either the veteran or VA discontinues the program; or

(5) Service-connection for the veteran’s service-connected disability is severed by VA or he or she otherwise ceases to be eligible.

(Authority: 38 U.S.C. 3109, 3110)

Cross References:

See §§ 21.160 Independent living services, 21.282 Effective date of induction into a rehabilitation program, 21.322 Commencing date, and 21.324 Reduction or termination date.

[49 FR 40814, Oct. 18, 1984, as amended at 84 FR 193, Jan. 18, 2019]

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If this post helped you better understand the process, consider sharing it with another veteran who might be facing similar challenges.

And if your situation involves a denied claim, appeal, or complex legal issue, it may be time to speak with a qualified VA-accredited attorney.

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