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Showing results for tags 'chapter 31'.
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I have a 50% rating from the VA. I will have my first meeting with my Voc Rehab counselor in 4 days. I already have a job, but I plan to argue underemployed but it might be a stretch. I need to get some technical certificates to stay competitive and try to get a remote job (work from home) where I can control my work environment like a standing desk, etc.... I work in the IT industry. Does anyone have a sample PPT or word document plan to present to the VA counselor? I read Ben Krause's site and he suggests that you go in prepared with a PPT or Word plan that shows your reasoning and your proposed plan. Anyone out there have an example? Thanks, John
To any veteran getting VR&E services from the Oakland regional offices: Senator Kamala Harris' office is collecting information from veterans who are attending chapter 31 in Oakland. If you have any concerns or complaints and have attended the last couple of years please contact Sean Anstead via email: Sean_Ansted@harris.senate.gov
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!
Hello Hadit. A friend of mine from high school and fellow Marine, is going though some tough times, been drinking alot and throwing his life away. I am trying to get him back on track but his situation is very complicated and I cant seem to be able to get any straight answers, so I hope you vets can help! Here is the situation: He was discharged early do to an bad injury to his knees do to falling out of a helo training simulator, resulting in a Honorable Medial Discharge (20% VA rating). He told me he was only eligible for 16 months of MGIB, and has exhausted those funds over 5 years ago. I read somewhere that if you are medically discharged, and found service connected, then you are eligible for the entire post 911 GI Bill of 36 months. I know that the MGIB, regardless of service connection, goes by days in service (16 months in his case), but shouldn't he be able to get the remaining 16 months of the Post 911 GI Bill (16 MGIB+16 P911GIB = 32 months)? I asked around and some people said that if you use up your 36 months of MGIB, then you can get an additional 12 months Post 911 GIB, but what if you didn't qualify for 36 months of MGIB?!?!?! 1.) Would he get 16 months, or just 12 months? 2.) Also, couldn't he still use Voc Rehab until he gets to 48 months in total minus months used in the other two programs? Thank you!