Question About Iu And Vocrehab

[airborne18]

OK.

I am in VochRehab right now and have been for about a year. In Nov I had a reevaluation done by the VA, was a yearly thing they said. The DAV handles my claims now, my wife was my NSO, but now she is retired..

I got a call from the DAV NSO and he said the VA rater looking at my file hinted to the DAV rep that I might have a few other claims that I should file. OK so I gave the approval to file for a few things.. one came back right away and I went from 40% to 60% combined. The others items are in process.

The DAV rep mentioned to me that once this was all done, and if my rating got to the right range that they would file for IU.. ( the rater made this hint as well.. ). I balked because I did not think you could get IU while on Vocrehab.. and at the least I would think that the Vochrehab people might pull the plug on my program. ( the vocrehab people in my VA are tough .. I asked if they would buy me a computer for school and they said "save your disablity checks and buy one yourself... or use the ones at school" ..

OK.. Has anyone heard of getting IU while in Vocrehab?/ and does anyone think it wise to ask for it?

[rentalguy1]

I was just told (this week) by the VR&E manager in Nashville that if I am awarded IU they would most likely turn me down for voc rehab, but would probably put me in the independent living program. I went through voc rehab in the late 90's, but I am entitled to go through it again since my conditions have gotten much worse since then. You are already in voc rehab though, so that is not the issue in your case. I think that VBA would award IU if you meet the criteria, but I don't know if VR&E would drop you or not.

[sharon]

Vocational Rehabilitation and Employment

5-1 Revision 2, December 2006

TRAINING MODULE 5

STUDY PLAN

Vocational Rehabilitation and Employment

Objective:

To learn the elements of the VA Vocational Rehabilitation program, and what benefits and

services are available for a veteran training under this program.

References:

Title 38, U.S. Code, Chapter 31.

38 Code of Federal Regulations, Part 21, Subpart A, §§ 21.1–21.430.

Adjudication Manual M21-1, Part IV, Chapter 23, Paragraph 23.09.

Adjudication Manual M21-1MR (Manual Rewrite), Part IX, Subpart i, Chapter 1.

Vocational Rehabilitation and Counseling Procedures Manual M28-1.

VA Pamphlets: 28-00-1, The Vocational Rehabilitation and Employment Program—

Working Partners.

80-06-01, Federal Benefits for Veterans and Dependents.

Instructions:

Study the assigned reference materials to learn the basic requirements for a program of

Vocational Rehabilitation, and how to apply for it.

Summary:

THE DEPARTMENT OF VETERANS AFFAIRS (VA) VOCATIONAL REHABILITATION PROGRAM

is designed to help a service-disabled veteran overcome employment handicaps imposed

by such disability, so that the veteran is able to find and keep suitable employment as well

as achieve maximum independence in daily living. The primary goal of the program is to train

disabled veterans for appropriate employment; although education benefits for school attendance

may be authorized if that is determined to be the best way to prepare a particular veteran for entry

or re-entry into the labor force, Vocational Rehabilitation benefits are not a supplement to or a

substitute or replacement for VA education assistance benefits available under other programs,

and must not be viewed as such.

Basic eligibility for and entitlement to Vocational Rehabilitation requires that a veteran have

service-connected disability or disabilities ratable at 20% or more, and have an employment

handicap resulting primarily from such disability. A veteran with a 10% service-connected

disability (including multiple noncompensable conditions for which compensation is paid at the

10% rate under 38 CFR § 3.324) may also qualify, on a showing that such disability produces a

“serious” employment handicap. Statutory ratings under 38 U.S.C. 1114(k) (loss of a creative

organ) or the former subsection (q) (arrested tuberculosis) will not qualify for this. The period of

eligibility is 12 years from date of discharge from service or 12 years from the date VA first

notifies the veteran of a qualifying service-connected disability, whichever date is later. This may

be extended for those severely disabled veterans who are unable to begin or complete their

program within that time because of their disability, or who are determined to have a severe

employment handicap such that they require additional time for rehabilitation.

Rehabilitation services may continue until the veteran has reached his or her rehabilitation goal,

but the education or training portion of a rehabilitation program may not exceed 48 months

except under exceptional circumstances. VA may continue to provide counseling, job-placement,

and post-employment services for up to 18 additional months. Veterans in a Vocational

Rehabilitation program of education or training who are also eligible for benefits under one or

another VA education and training assistance programs must elect from which program they will

draw benefits; concurrent benefits may not be paid under more than one program for the same

course of education or training.

A veteran who applies for Vocational Rehabilitation must be entitled to receive compensation (or

would be entitled but for the receipt of military retired pay). The application for Vocational

Rehabilitation may be submitted together with the application for compensation, or may be filed

at any time thereafter, subject to the 12-year time limit. An active duty service member who is

hospitalized awaiting separation from service for disability may apply for Vocational Rehabilitation

without applying for compensation. The active duty service member must have a serviceconnectable

disability which is immediately ratable at 20% or more to qualify for consideration.

When an application is received and it is established that a qualifying degree of service-connected

disability is present, the applicant will be given counseling, testing and evaluation to determine

whether an employment handicap exists, and if so, whether training and/or rehabilitation services

are feasible or necessary. Rehabilitation programs may include employment (including selfemployment)

services and assistance; educational (college-level) or vocational (trade, business or

technical school) training; apprenticeship or on-job training; or farm cooperative training. For

severely disabled veterans there may be training in a rehabilitation facility, in a sheltered

workshop, or in-home; the program may also include independent living services and training.

While in training a veteran will be paid a monthly subsistence allowance, varying according to

the type and rate of training, the number of dependents, and other factors. In addition, VA will

pay all training expenses, including tuition, fees, books and supplies, and the cost of any

necessary tools, equipment, and uniforms. The veteran is also entitled to any and all medical and

dental treatment (or reimbursement for the costs of such treatment), including prosthetic devices

or other special equipment and special restorative services, necessary to continue or complete his

or her program. When necessary, the veteran may be provided special help such as tutoring

assistance, readers for the visually impaired, or sign language interpreters for the hearing

impaired. If the veteran encounters unexpected financial difficulties while training, a no-interest

loan service is available. Counseling services, including educational, vocational, personal, and

employment counseling are available, as well as career planning and job placement services.

Vocational Rehabilitation and Employment

5-3 Revision 2, December 2006

A veteran who is rated as totally disabled because of individual unemployability may apply for

and pursue a program of Vocational Rehabilitation without jeopardizing the total disability rating.

Even if the veteran is then rehabilitated and obtains employment, the total disability rating will

continue undisturbed for a minimum of twelve (12) additional months before action is begun to

reduce the rating, to allow the veteran time to demonstrate that he or she is able to maintain

substantially gainful employment and is no longer unemployable.