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M28C.IV.C.2.03
i. Medical Residency or Internship
In accordance with 38 CFR §21.4265(a)(1), medical residencies (other than residencies in podiatric medicine), dental residencies, and osteopathic internships and residencies may be approved and recognized as institutional courses only when an appropriate accrediting agency accredits and approved them as leading to certification for a recognized professional objective.
A Supreme Court decision previously held that medical residencies are considered employment for tax purposes only. However, a medical residency is not considered an occupation and therefore, a claimant cannot be declared rehabilitated until the medical residency is completed. If a claimant pursuing a medical degree, chooses not to continue with Chapter 31 services during his or her residency program or the residency program cannot be approved as a Chapter 31-only facility, the claimant may be determined to have achieved maximum rehabilitation gain as employable.
The VRC must assess whether a residency or internship is required for the claimant to perform the requisites of the selected occupation, or to practice in the profession.
In addition, the approved medical residency or internship must be included as a vocational objective in the claimant’s rehabilitation plan.
Refer to M28C.V.B.7.08.g for guidance on internship and residency measurement for subsistence allowance payments. Refer to V.A.6.04.2 for more information on closing a case that includes a medical residency component.
i. Medical Residency or Internship
In accordance with 38 CFR §21.4265(a)(1), medical residencies (other than residencies in podiatric medicine), dental residencies, and osteopathic internships and residencies may be approved and recognized as institutional courses only when an appropriate accrediting agency accredits and approved them as leading to certification for a recognized professional objective.
A Supreme Court decision previously held that medical residencies are considered employment for tax purposes only. However, a medical residency is not considered an occupation and therefore, a claimant cannot be declared rehabilitated until the medical residency is completed. If a claimant pursuing a medical degree, chooses not to continue with Chapter 31 services during his or her residency program or the residency program cannot be approved as a Chapter 31-only facility, the claimant may be determined to have achieved maximum rehabilitation gain as employable.
The VRC must assess whether a residency or internship is required for the claimant to perform the requisites of the selected occupation, or to practice in the profession.
In addition, the approved medical residency or internship must be included as a vocational objective in the claimant’s rehabilitation plan.
Refer to M28C.V.B.7.08.g for guidance on internship and residency measurement for subsistence allowance payments. Refer to V.A.6.04.2 for more information on closing a case that includes a medical residency component.
