Vocational Rehabilitation and Employment: Chapter 31
V ETERANS
BENEFI TS
VETERANS BENEFITS ADMINISTRATION June 2014
Vocational Rehabilitation & Employment (VR&E) Program Goals:
Assist service-connected disabled Veterans and transitioning
Service Members:
– In transition … through services to support transition back to civilian life
– At work … through services resulting in suitable employment
– On campus … through services to support them during education and training
– At home … and in their communities … through services to maximize independence in daily living
VETERANS BENEFITS ADMINISTRATION 1
• Eligibility: Once a Veteran or Service Member is deemed eligible to apply for Chapter 31 benefits, they are scheduled for an evaluation. If the applicant is found not eligible, they will be informed of that finding and provided due process notification.
• Entitlement: Following an evaluation, the Vocational Rehabilitation
Counselor will determine if the applicant meets criteria for entitlement to services and if so, begin to explore service options. If they are found notentitled, the counselor will refer them to other resources and provide due process notification.
– Employment Handicap
– Serious Employment Handicap
– Achievement of a Vocational Goal Currently Reasonably Feasible
– Track Selection (Five Tracks to VetSuccess)
VETERANS BENEFITS ADMINISTRATION 2
• To receive an evaluation for Vocational Rehabilitation &
Employment (VR&E) benefits, a Service Member must:
– Have a VA memorandum rating of 20% or more, or
– Have a proposed disability rating (IDES) of 10% or more, or
– Qualify under NDAA, PL 110-181 (02/10/2012 to 12/31/2014); and
– Expect to receive an Honorable Discharge and
– Apply for VR&E services (VA Form 28-1900 or apply online www.ebenefits.va.gov
)
• To receive an educational/vocational evaluation only, Service
Members may apply for Educational/Vocational Counseling:
Chapter 36 (VA Form 28-8832) within 6 months of discharge
VETERANS BENEFITS ADMINISTRATION 3
• Honorable or Other than Honorable Discharge
• A final VA service-connected disability rating of 10 percent or more; or VA memorandum rating of 10 percent
• Apply for Vocational Rehabilitation and Employment services
(VA Form 28-1900 or www.ebenefits.va.gov
)
• To receive an educational/vocational evaluation only, Veterans may apply for Educational/Vocational Counseling: Chapter 36
(VA Form 28-8832) within one year post-discharge or during entitlement period for a VA Education benefit.
VETERANS BENEFITS ADMINISTRATION 4
• Employment Handicap: Impairment of one’s ability to prepare for, obtain, or retain suitable employment. Serviceconnected disability must contribute to this impairment in a way that is identifiable, observable, or measureable.
• Serious Employment Handicap: Significant impairment of one’s ability to prepare for, obtain, or retain suitable employment, based on a number of factors, including, but not limited to: neuropsychiatric conditions, AODA issues, reliance on government support programs, criminal history.
VETERANS BENEFITS ADMINISTRATION 5
• Maximum of 48 months of entitlement
• May be utilized within 12 years from the date of initial compensable VA disability rating notification, or date of separation from active duty-if using VR&E services at the time of separation
• Exceptions for Veterans with Serious Employment Handicaps
(S.E.H.) Determination of this is made during the evaluation by the Vocational Rehabilitation Counselor.
• Veterans beyond 12-year timeline or with 10% disability rating must be found to have a S.E.H. in order to be entitled.
VETERANS BENEFITS ADMINISTRATION 6
National Defense Authorization Act (NDAA) under Public
Law 110-181 and the Vow to Hire Heroes Act of 2011 (VOW) under Public Law 112-56
• NDAA established that Service Members who incur a serious illness or injury that may render them unable to perform their military duties are entitled to vocational rehabilitation services under Chapter 31.
• VOW extended the expiration of NDAA to December 31, 2014.
• Service connected disability rating and determination of employment handicap are not required. Service Members are automatically entitled to
Chapter 31 VR&E benefits, upon receipt of a completed VA Form 28-1900 and attendance at the first VR&E appointment if:
– Currently enrolled in the Integrated Disability Evaluation System (IDES)
– Referred to Physical Evaluation Board (PEB)
– Participating in Education and Employment Initiative (E2I), or
– Referred with completed Military Service Status Referral
• Once the case is closed, the individual must reapply and meet the criteria for entitlement in place at the time of the new application.
VETERANS BENEFITS ADMINISTRATION 7
• Comprehensive Vocational Assessment (All applicants)
– Veterans and Service Members who only want an assessment to help them determine how to best use their VA Education benefits, or who don’t have a service-connected disability rating to qualify for Chapter
31 VR&E benefits, should apply for Educational/Vocational Counseling-
Chapter 36 (VA Form 28-8832)
• Employment Assistance (If entitled)
• Medical Referrals (If entitled)
• Independent Living Services (If entitled)
Veterans or Service Members can request paper applications by contacting local regional office or calling (800) 827-1000
VETERANS BENEFITS ADMINISTRATION 8
• Re-employment
• Rapid Access to Employment
• Self-Employment
• Employment through Long-Term Services
• Independent Living
VETERANS BENEFITS ADMINISTRATION 9
• For individuals separating from active duty, National Guard, or
Reserves.
• Services focused on returning to previous employers
• Services may also include:
– Job accommodations
– Job modifications
– Work adjustment assistance
– Consultation with employer
– Personalized case management support
VETERANS BENEFITS ADMINISTRATION 10
• For individuals seeking employment:
– Soon after separation, or
– Who already have the necessary skills to be competitive in the job market
• Services may also include:
– Resume writing
– Interview skills training
– Job accommodations
– Refresher courses
– Licensure and certification
– Job search assistance
– Employment adjustment services
– Personalized case management services
– Special Employer Incentive (Effective January 2012)
VETERANS BENEFITS ADMINISTRATION 11
• For individual needing specialized training and/or education to obtain and maintain suitable employment
• Services may include:
– Apprenticeships and Internships
– On-the-Job training (OJT)
– Non-paid Work Experience (NPWE)
– Higher education or vocational training
– Tuition/fees/books/tools/supplies
– Tutoring
– Subsistence Allowance
– Personalized case management support
VETERANS BENEFITS ADMINISTRATION 12
• For individuals, who because of their disabilities:
– Have limited access to traditional employment
– Need flexible work schedules, or
– Need a more accommodating work environment
• Services may also include:
– Analysis of viability of business concept
– Assistance with development of a business plan
– Training in small business operations
– Guidance on obtaining resources
– Guidance on obtaining adequate resources (marketing, finance, etc.)
– Personalized case management support
VETERANS BENEFITS ADMINISTRATION 13
• For individuals who are not able to work at the current time and need rehabilitation services to live more independently
• Services may also include:
– Comprehensive in-home assessment
– Assistive technology
– Independent living skills training
– Connection to community-based support services
– Coordination with VA’s Specially Adapted Housing (SAH) program and/or VA’s Home Improvement Structure Assistance (HISA) program
– Personalized case management services
VETERANS BENEFITS ADMINISTRATION 14
• Paid to Veterans enrolled at least ½ time in a training program
(college, OJT, etc). Service Members do not receive subsistence allowance.
• Rate varies based on rate of enrollment (FT, ¾, or ½ time) and number of dependents
• Full-time Veteran with no dependents receives $594.47 per month as of October 1, 2013. Rate normally increases a small percentage each October 1.
VETERANS BENEFITS ADMINISTRATION 15
• Veterans that have progressed through training and have been determined “rehabilitated to the point of employability” to job ready status may be entitled to EAA.
• The Veteran must satisfactorily participate in planned employment services for at least 30 days before a payment of EAA may be authorized.
– job search or obtained/maintained suitable employment
• EAA is paid at the rate equivalent to one month of full-time subsistence allowance. Up to two months of EAA may be authorized.
• EAA is always authorized and paid in arrears after the VRC has verified the Veteran is entitled to receive the payment.
VETERANS BENEFITS ADMINISTRATION 16
• As of August 1, 2011, interval pay is not longer authorized for any
VA education benefits—this includes VR&E
• As of August 1, 2011, a Veteran can elect to receive subsistence payment at a rate similar to Chapter 33 Basic Allowance for
Housing (BAH), called the Post 9/11 Subsistence Allowance
(P9/11SA) rate, IF he/she:
– Is eligible to receive Chapter 33 Post 9/11 GI Bill, and
– Has at least one day of remaining entitlement to Chapter 33
• The Veterans entitlement to Ch 33 is not reduced WHILE pursuing
Ch 31. However, upon any re-election or change of benefit election, the amount of remaining entitlement will be updated.
VETERANS BENEFITS ADMINISTRATION 17
• Unlike Ch 33, the P9/11SA rate is not pro-rated based on length of service. All eligible Veterans receive 100% rate.
• Use rate of E-5 with dependents for zip code of primary training facility to determine payment rate of full-time attendance
• Payment rate is prorated based on rate of enrollment (FT, ¾, and
½ time rates)
• Online or foreign training is paid ½ of the national average BAH rate and then prorated based on rate of enrollment.
• EAA can also be paid at the P9/11SA rate if this is the rate the
Veteran was last paid at (based last subsistence award)
VETERANS BENEFITS ADMINISTRATION 18
• The purpose of SEI is to facilitate the placement of Veterans who are generally qualified for employment but may lack some specific training or work experience which the employer requires or who are difficult to place due to their disability.
• Allows VR&E to offer financial benefit to employers who hire certain Veterans participating in the VR&E program.
• The Veteran must be determined qualified by VR&E: to be in need of an on-job training situation or generally qualified for employment but such on-job situation or employment opportunity is not otherwise available despite repeated and intensive efforts on the part of VA and the Veteran to secure such opportunities.
• As of November 21, 2011, SEI may be offered for Veterans who are receiving solely employment services from VR&E (expanded beyond those who have completed training under VR&E).
• The Veteran may receive EAA if the criteria are met.
VETERANS BENEFITS ADMINISTRATION 19
• The Revolving Fund Loan (RFL) may be authorized to provide advances to Veterans who would otherwise be unable to begin or continue in a rehabilitation program without such assistance.
• Non-interest loan repaid at the minimum rate of 10% of loan amount per month, deducted from subsistence or disability compensation payments. Must be in $10 increments.
• Maximum of twice the full-time subsistence rate for a Veteran with no dependents (currently approx. $1180).
• Station dollar limits and other regulatory limits apply
VETERANS BENEFITS ADMINISTRATION 20
• Specialized job bank and “Job Central” bank with access to over 4 million jobs, where Veterans can search for jobs and post their resume for employers to search
• Job Resource Tools
– Resume builder
– Interviewing skills resources
– Career guidance resources
• Link to other VA benefits and services
• Community resources information by state
VETERANS BENEFITS ADMINISTRATION 21
• Chapter 18: Vocational training and rehabilitation benefits for children born with Spina Bifida of certain Veterans who served in Vietnam or Korea
• Chapter 35 : Educational counseling for children and widows/spouses of Veterans who have a permanent and total service connected disability
• Chapter 36: Educational/vocational counseling for Individuals who are:
– Within six months prior to discharge from active duty, or
– Within one year following discharge from active duty
– Eligible for entitlement to other VA education benefits (Chapters 30,
32, 33, 1606 and 1607)
VETERANS BENEFITS ADMINISTRATION 22
VETERANS BENEFITS ADMINISTRATION