Title 38

SECTION 21.6056

21.6056 Cooperation of the veteran in an evaluation.

§ 21.6056 Cooperation of the veteran in an evaluation.

(a) Cooperation of the veteran. The cooperation of the veteran is essential to a successful evaluation. The purpose of the evaluation and the steps in the process shall be explained to the veteran, and the importance of his or her cooperation shall be stressed. If the veteran does not cooperate in the initiation or completion of the evaluation, the Counseling Psychologist (CP) or Vocational Rehabilitation Counselor (VRC) shall make a reasonable effort through counseling to secure the veteran's cooperation.

(Authority: 38 U.S.C. 1524(a)(3))

(b) Consequences of noncooperation when evaluation is required. If the veteran fails to report for or cooperate in a required evaluation and the CP or VRC has made a reasonable effort to secure his or her participation, VA shall take appropriate action, including discontinuance of the evaluation under the provisions of § 21.364 of this part. If the veteran's case is discontinued under § 21.364 of this part, the Veterans Service Center will be notified. The Veterans Service Center also will be informed if the reason for discontinuance is subsequently removed and the evaluation process is resumed.

(Authority: 38 U.S.C. 1524(a)(1))

(c) Consequences of noncooperation when evaluation is not required. If the veteran fails to report for or cooperate in an optional evaluation and the CP or VRC has made a reasonable effort to secure the veteran's participation, VA shall take appropriate action, including discontinuance of the evaluation under the provisions of § 21.364 of this part. The evaluation may be resumed if the reason for the discontinuance is removed and the veteran is otherwise eligible.

(Authority: 38 U.S.C. 1524(a)(2)) [53 FR 4397, Feb. 16, 1988, as amended at 71 FR 28586, May 17, 2006; 81 FR 26132, May 2, 2016]

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