I was in the Vocational Rehabilitation and Employment (VRE) program for about two years and I was placed in a job by the VRE employment coordinator that I worked for about 3 years. I was determined to be rehabilitated by VRE. I was medically retired from the job due directly to my service connected conditions. This is well documented as the reason I could no longer work at my job. Because of the 5 years spent preparing for and working at this job, I am over my 12 year eligibility period from my first rating of disability making me eligible. I am in the process of a Serious Employment Handicap (SEH) determination to make me eligible for extended services, but I found something that makes me wonder if this SEH determination is even necessary:
§21.284 Reentrance into a rehabilitation program.
(a)Reentrance into rehabilitation to the point of employability following a determination of rehabilitation.A veteran who has been foundrehabilitatedunder provisions of §21.283 may be provided an additional period of training or services only if the following conditions are met:
(1) The veteran has a compensable service-connected disability and either;
(2) Current facts, including any relevant medical findings, establish that the veteran's service-connected disability has worsened to the extent that the effects of the service-connected disability considered in relation to other facts precludes him or her from performing the duties of the occupation for which the veteran previously was found rehabilitated; or
(3) The occupation for which the veteran previously was found rehabilitated under Chapter 31 is found to be unsuitable on the basis of the veteran's specific employment handicap and capabilities.
(Authority: 38 U.S.C. 3101(a))
(b)Reentrance into a program of independent living services following a determination of rehabilitation.A finding of rehabilitation following a program of independent living services may only be set aside, and an additional period of independent living services provided, if the following conditions are met:
(1) Either:
(i) The veteran's condition has worsened and as a result the veteran has sustained a substantial loss of independence; or
(ii) Other changes in the veteran's circumstances have caused a substantial loss of independence; and
(2) The provisions of §21.162 pertaining to participation in a program of independent living services are met.
(Authority: 38 U.S.C. 3109)
(c)Reentrance into rehabilitation to the point of employability during a period of employment services.A finding of rehabilitation to the point of employability by VA may be set aside during a period of employment services and an additional period of training and related services provided, if any of the following conditions are met:
(1) The conditions for setting aside a finding of rehabilitation under paragraph (a) of this section are found;
(2) The rehabilitation services originally given to the veteran are now inadequate to make the veteran employable in the occupation for which he or she pursued rehabilitation;
(3) Experience during the period of employment services has demonstrated that employment in the objective or field for which the veteran was rehabilitated to the point of employability should not reasonably have been expected at the time the program was originally developed; or
(4) The veteran, because of technological change which occurred subsequent to the declaration of rehabilitation to the point of employability, is no longer able:
(i) To perform the duties of the occupation for which he or she trained, or in a related occupation; or
(ii) To secure employment in the occupation for which he or she trained, or in a related occupation.
(Authority: 38 U.S.C. 3117)
[49 FR 40814, Oct. 18, 1984, as amended at 58 FR 68769, Dec. 29, 1993]
Is a SEH determination necessary? I was once in the program and now I just want to reenter because my service connected conditions caused me to lose my job. Does this regulation require that I am in my basic 12 year eligibility period, or since I was once in, I can get back in without worrying about anything other than showing that this regulation applies to me? I greatly would appreciate help in this matter. Thank you!
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humiliari
I was in the Vocational Rehabilitation and Employment (VRE) program for about two years and I was placed in a job by the VRE employment coordinator that I worked for about 3 years. I was determined to be rehabilitated by VRE. I was medically retired from the job due directly to my service connected conditions. This is well documented as the reason I could no longer work at my job. Because of the 5 years spent preparing for and working at this job, I am over my 12 year eligibility period from my first rating of disability making me eligible. I am in the process of a Serious Employment Handicap (SEH) determination to make me eligible for extended services, but I found something that makes me wonder if this SEH determination is even necessary:
§21.284 Reentrance into a rehabilitation program.
(a) Reentrance into rehabilitation to the point of employability following a determination of rehabilitation. A veteran who has been found rehabilitated under provisions of §21.283 may be provided an additional period of training or services only if the following conditions are met:
(1) The veteran has a compensable service-connected disability and either;
(2) Current facts, including any relevant medical findings, establish that the veteran's service-connected disability has worsened to the extent that the effects of the service-connected disability considered in relation to other facts precludes him or her from performing the duties of the occupation for which the veteran previously was found rehabilitated; or
(3) The occupation for which the veteran previously was found rehabilitated under Chapter 31 is found to be unsuitable on the basis of the veteran's specific employment handicap and capabilities.
(Authority: 38 U.S.C. 3101(a))
(b) Reentrance into a program of independent living services following a determination of rehabilitation. A finding of rehabilitation following a program of independent living services may only be set aside, and an additional period of independent living services provided, if the following conditions are met:
(1) Either:
(i) The veteran's condition has worsened and as a result the veteran has sustained a substantial loss of independence; or
(ii) Other changes in the veteran's circumstances have caused a substantial loss of independence; and
(2) The provisions of §21.162 pertaining to participation in a program of independent living services are met.
(Authority: 38 U.S.C. 3109)
(c) Reentrance into rehabilitation to the point of employability during a period of employment services. A finding of rehabilitation to the point of employability by VA may be set aside during a period of employment services and an additional period of training and related services provided, if any of the following conditions are met:
(1) The conditions for setting aside a finding of rehabilitation under paragraph (a) of this section are found;
(2) The rehabilitation services originally given to the veteran are now inadequate to make the veteran employable in the occupation for which he or she pursued rehabilitation;
(3) Experience during the period of employment services has demonstrated that employment in the objective or field for which the veteran was rehabilitated to the point of employability should not reasonably have been expected at the time the program was originally developed; or
(4) The veteran, because of technological change which occurred subsequent to the declaration of rehabilitation to the point of employability, is no longer able:
(i) To perform the duties of the occupation for which he or she trained, or in a related occupation; or
(ii) To secure employment in the occupation for which he or she trained, or in a related occupation.
(Authority: 38 U.S.C. 3117)
[49 FR 40814, Oct. 18, 1984, as amended at 58 FR 68769, Dec. 29, 1993]
Is a SEH determination necessary? I was once in the program and now I just want to reenter because my service connected conditions caused me to lose my job. Does this regulation require that I am in my basic 12 year eligibility period, or since I was once in, I can get back in without worrying about anything other than showing that this regulation applies to me? I greatly would appreciate help in this matter. Thank you!
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FormerMember
When you hit the 100% P&T wall, VR&E is hesitant about expending any monies towards a Voc Rehab program into any field. I presume your rating is a true 100% schedular rating as opposed to a T
humiliari
Thank you, I contacted my VRE, but I will also follow up with my service organization, and more research. I would like to be gainfully employed again, so no SSDI. I am 100% PT, but I want to contribut
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