The Secretary must redevelop the plan when both tests are met
What the document says“On the basis of such review, the Secretary shall-- "(A) redevelop such plan with such veteran if the Secretary determines the achievement of the long-range rehabilitation goals for such veteran is-- "(i) no longer feasible due to changes in the employment handicap of the veteran; and "(ii) likelier under a different plan formulated under subsection (a); or”
The first branch of the paragraph section 2 adds to section 3107(b) of title 38, United States Code. It runs on the basis of such review, the review named in the paragraph the section numbered (1). Redevelopment is then required, and it is done with such veteran, if the Secretary determines two things about achieving the long-range rehabilitation goals: that it is no longer feasible due to changes in the employment handicap of the veteran, and that it is likelier under a different plan formulated under subsection (a). The two clauses are joined by and, so both have to hold. This Act does not state what subsection (a) provides.
What the document actually says“On the basis of such review, the Secretary shall-- "(A) redevelop such plan with such veteran if the Secretary determines the achievement of the long-range rehabilitation goals for such veteran is-- "(i) no longer feasible due to changes in the employment handicap of the veteran; and "(ii) likelier under a different plan formulated under subsection (a); or”
The VA looks at the plan. Then it must write a new plan with the veteran. But only if two things are true. One, the old goals can no longer be met. Two, a new plan would work better.
Some veterans get help to train for work. The plan sets goals. Health can change, and goals can slip out of reach. Then the VA must try again with a new plan.
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