grent Posted November 23, 2009 Share Posted November 23, 2009 Help: i am 100% p and t vet with claim for smc pending before BVA Can i apply now for independent living? what is isdependent living? I live alone and im very sick can I apply for it? thx Link to comment Share on other sites More sharing options...
HadIt.com Elder Testvet Posted November 24, 2009 HadIt.com Elder Share Posted November 24, 2009 Help: i am 100% p and t vet with claim for smc pending before BVA Can i apply now for independent living? what is isdependent living? I live alone and im very sick can I apply for it? thx if you need in home help caring for yourself you need to see the social worker in your Primary care clinic they can help arrange for in home care or if needed nurses visits, just depends on what services they have available in your area Independent Living is done thru Voc Rehab and what they do is help make your home easier to handle your medical issues, in my case they got me a new computer as I am in a power chair and seldom leave the house, the computer was so I can pay my bills online and keep in contact with my kids that are spread across the country and other family members in Calif and Mich, they sent a contractor out to fix my bathroom to remove the glass panels and frame and put in a new rod and curtain, hand bars on the front and inside wall of shower, shower stool etc, they can do pretty much whatever you need and some of your wants, when they got me the computer they got me a new digital camera so I can take pics and process them on the computer and a picture printer. Within reason they can do pretty much whatever you want But if you have to pay someone in to cut your yard or clean your house etc you should also file for aid and attendance thru the VARO.... Link to comment Share on other sites More sharing options...
HadIt.com Elder allan Posted November 24, 2009 HadIt.com Elder Share Posted November 24, 2009 Grent, just to add to Testvets comments, ILS is designed to help you be more independent of others in your life. They can provide a FAX/Copy & printer so you can canduct business at home. I've read they can provide internet service in remote are's. Have also heard of vets getting generators who have no power supply. They may provide ramps & elevator lifts to assist vets to get around & out of their homes & lower counters & cabnets. It's far more than just computers. Some vets don't need much. Other vets need alot. What you get & when you get it depends on funding. To be eligible, a veteran must not be able to complete a voc-rehab program. In other words, not be able to return to any employment or training for employment. Allan Indepent Living Services 8.02. PROGRAM DESCRIPTION a. The Achievement of a Vocational Goal Is Not Currently Reasonably Feasible. To establish that it is not currently reasonably feasible for a veteran to achieve a vocational goal, a CP (counseling psychologist) must find that the veteran's disabilities currently affect his or her employability to either of the following extents: (1) The veteran cannot participate in a program of vocationally oriented training and services; or (2) The veteran is able to successfully pursue vocational training, but it would be highly improbable for the veteran to obtain and retain employment consistent with his or her abilities, aptitudes, and interests. b. Reasons for Authorizing a Program of IL Services. The VR&C (Vocational Rehabilitation and Counseling) Division may authorize a program of IL services for eligible veterans for whom achievement of a vocational goal is not currently reasonably feasible. This program of rehabilitation services may be furnished to help the veteran to (1) Function more independently in his or her family and community without the assistance of others or with a reduced level of assistance from others; (2) Become reasonably feasible for an extended evaluation; or (3) Become reasonably feasible for a vocational rehabilitation program. c. Independent Living and Independence in Daily Living. Independence in daily living means the ability of a veteran, either without the services of others or with a reduced level of those services, to live and function within the veteran's family and community. Operationally, independent living is synonymous with independence in daily living. 8-1 M28-1, Part II July 22, 1992 Change 5 d. Program of IL Services and Assistance. A program of IL services and assistance may include the following benefits: (1) The services provided in 38 CFR 21.35(d), including the counseling, diagnostic, medical, social, psychological, and educational services which the CP determines the veteran needs to achieve maximum independence in daily living; (2) The subsistence allowance and other monetary assistance authorized by 38 CFR 21.260, 21.262, 21.266, and 21.270; and (3) The special rehabilitation services under 38 CFR 21.150, 21.152, 21.154, 21.155, and 21.156. e. Barriers to Independent Living. The goal of an IL program is to increase the veteran's options, resulting in an improved quality of life. options may be limited by skill deficits or by physical, environmental, or psychological factors. For example, some veterans may be able to overcome certain cognitive limitations through training intended to improve problem-solving. Some independent living program participants may need to learn how to manage personal care attendants, use adaptive equipment, and shop for necessities. For others, technological devices such as motorized wheelchairs or vehicle modifications may facilitate independent living. Supportive services, e.g., attendant care and health maintenance programs, may ameliorate the physical factors which increase the veteran's dependence on others. Architectural modifications and advocacy to promote disabled persons, rights to barrier-free access may reduce environmental problems. Peer and professional counseling may decrease psychological hindrances to independence. A disabled veteran's anxiety about discharge from an institution may diminish through interaction with other disabled persons who are successfully adjusting to community living. f. Independent Living Services and the Rehabilitation Process. The goal of the IL program is not necessarily that the disabled veteran be able to live alone in the community with no supportive services. Rather, the goal is for that individual to have the skills necessary to choose an acceptable life-style and then be able to manage it with as little reliance on others as possible. in some instances, however, the veteran may require continuing services beyond completion of the IL program to maintain the level of independence achieved during the program. (See par. 8.05b below for limitations on these long-term services.) 8.03. ELIGIBILITY FOR PARTICIPATION To be eligible for a program of IL services, VA must determine that a. The veteran meets the basic eligibility and entitlement criteria for participation in a rehabilitation program; 8-2 July 22, 1992 M28-1, Part II Change 5 b. Achievement of a vocational goal is not currently reasonably feasible; c. The veteran has IL needs; and d. The achievement of an IL goal is currently feasible; that is, VR&C staff members expect the IL services proposed will enable the veteran to live independently in his or her family and community or with reduced dependence upon the services of others. 8.04 SCOPE OF SERVICES VA may provide a discrete service or a comprehensive program of services necessary to achieve maximum independence in daily living. As part of an IL program, the only vocational courses which VA may provide are those incidental to achieving intermediate IL objectives. Some of the IL services which VA may authorize are listed below: a. Training in activities of daily living; b. Training in IL skills; c. Attendant care during a period of transition (see par. 8.05b below); d. Transportation when special arrangements are required due to the disabling condition; e. Peer counseling; f. Evaluation or training in an IL program; g. Housing (group, transitional, or housing specifically designed to meet the needs of disabled persons); h. Advocacy; and i. other services which 38 CFR 21.160 authorizes. 8.05 DURATION AND LIMITATION OF SERVICES A program of IL services will not exceed the period necessary to restore independence in daily living. The duration of a program will not exceed 24 calendar months except as indicated in subparagraphs a and b below. a. Extension for 6 Months. The CP may approve an extension of a program of IL services for up to 6 months if the additional period is necessary and should result in an increase in independence. The CP must carefully document in the veteran's CER (Counseling/Evaluation/Rehabilitation) folder specifically how the additional services should lead to the desired results. No program may exceed 30 months. 8-3 M28-1, Part II July 22, 1992 Change 5 b. Limitation of Selected Services. Some IL needs identified during the initial phase of program planning for a veteran may require services following completion of the program and, in some cases, for the rest of the veteran's life. For example, the veteran might have a life-long need for a personal care attendant and for transportation assistance. Since the time a veteran can participate in the program is limited, program planning must focus on ways to meet these continuous needs following IL program participation. Vocational rehabilitation program funding for long-term needs is limited to the IL program period. During IL program participation the case manager will attempt to secure sources which will continue the assistance beyond the completion of the program. In no instance, however, may the VR&C Division provide these services beyond the maximum 30 months for an IL program. 8.06 MONETARY ASSISTANCE VA will pay subsistence allowance to a veteran in the IL program under 38 CFR 21.260. a. Basis for Subsistence. Measure participation on a clock-hour basis. Pay subsistence allowance based on the number of clock hours spent in training directly related to the acquisition of IL skills-such as money management, personal care attendant management, and household maintenance. To measure the rate of pursuit, follow the instructions in 38 CFR 21.310(d). (1) Reduced Work Tolerance. In view of the severity of the conditions of IL program participants, the CP must determine whether the veteran is entitled under reduced work tolerance (38 CFR 21.312) to a higher rate of subsistence allowance than VA would otherwise pay for a given level of participation. (2) Limitations on Traditional Medical Therapies. Participation in traditional medical therapies (e.g., occupational therapy, psychotherapy, and physical therapy) will not typically be counted as training time although the case manager will document participation on the veteran's VA Form 28-8872, Rehabilitation Plan. 8.08. PROCUREMENT OF SERVICES a. Authorization of Services and Supplies. The case manager will authorize the services, incidental goods, and supplies necessary for the veteran to accomplish the goals of an IL program. For these authorizations, the case manager will follow the policies and procedures in part III, chapters 2 and 6. If the case manager anticipates that program charges will require the approval of the Director, Vocational Rehabilitation Service, the regional office should follow the procedures in part II, chapter 3 to make a specific request to obtain approval of costs. b. Approved Service Providers. Normally VR&C Divisions will use VA facilities to provide IL services to veterans participating in the program. If the VR&C Division cannot make timely, effective, and cost-efficient arrangements for VA facilities to provide these services, then the VR&C Division may follow the procedures described below and use other public, private nonprofit, and for-profit facilities. (1) Use of VA Facilities. VA medical facilities are likely to be the best resources for VR&C Divisions to obtain authorized services as either part or all of an IILP. If these services are not available through VA medical facilities or the VR&C Division cannot make appropriate arrangements to timely use these facilities, the CP will document this in the veteran's record: 8.10 ROLE OF THE COUNSELING PSYCHOLOGIST a. Identification of Veterans. The CP must review each case in which a vocational goal is not currently reasonably feasible to determine if a program of IL services may be furnished for one of the reasons in subparagraph 8.02b above. if an IL program is feasible, the CP and the veteran must then develop a program of IL services that addresses the veteran's needs. If a VRS will act as case manager, the VRS will also take part in the plan development (see subpar. 8.12b(1) for detailed instructions on who will act as case manager for IL programs). b. Provision of IL Services When a Vocational Goal Is Feasible. When establishing a veteran's entitlement to services under chapter 31, the CP must document in the CER folder why the achievement of a vocational goal is not currently reasonably feasible. If vocational rehabilitation is currently reasonably feasible, but the veteran is prevented from participating in a traditional vocational rehabilitation program due to deficient IL skills, the CP should integrate the needed IL services into an IWRP (individualized written rehabilitation plan). The case manager will arrange for these services as a preliminary part of the plan or concurrently with educational or vocational services. c. Determination of Feasibility for Program of IL Services. In evaluating clients for inclusion in the program of IL services, the CP must determine that it is reasonable to expect an increase in the veteran's level of independent functioning if the veteran receives these services. (1) Documentation of the IL feasibility determination must be clearly evident in the record of each veteran for whom an IL program is provided. (2) Outside consultants and the VRP (Vocational Rehabilitation Panel) are recommended for use as the providers of data to support the IL feasibility determination (see subpar. 8.08c above for details concerning the use of an outside consultant, and par. 8.11 below for use of VRP). (3) When using an outside consultant or the VRP, the CP must assure that either resource has the expertise to address the needs of the veteran under consideration. d. Denial of IL Services. If the CP determines that the achievement of a vocational goal is not currently reasonably feasible and the CP does not approve a program of IL services, the CP must obtain the VR&C Officer's concurrence in the decision (21 CFR 21.53(f)). If the VR&C Officer does not concur, the CP must work with the VRS case manager and the veteran to develop a plan of IL services. Change 7 c. Veteran's Involvement (1) IILP Development. The CP will solicit the veteran's cooperation in negotiating and agreeing to the terms of the IILP. When the CP and the veteran have developed, agreed to, and documented the plan's substantive terms, the CP and the veteran will sign the plan to indicate mutual understanding and acceptance of the terms. Unless a VRS will assume case management responsibilities, there will be only two signatures on the IILP. The veteran will receive a copy of the signed plan. (2) Disagreement About Terms of IILP. If the CP and veteran cannot agree on the terms of the plan, the CP will request that the VR&C Officer review the proposed plan. The VR&C Officer will resolve the disagreement and ensure that plan development continues. (3) Rights of Review and Appeal. The veteran or his or her representative may request administrative review of a proposed original or amended rehabilitation plan (see pt. I, par. 3.05). Within 1 year of written notification of the CP's decision regarding the veteran's plan, the veteran or his or her representative may appeal the terms of the proposed plan to BVA (Board of Veterans Appeals) by filing a notice of disagreement (see pt. I, ch. 10). VR&C staff members will inform the veteran that any administrative review must take place prior to appealing the decision to BVA. Once the veteran files a notice of disagreement, the VR&C Officer must immediately stop any administrative review in progress and begin appellate processing. 8-12 March 24, 1993 M28-1, Part II Change 7 b. Medical and Physical Therapy Assessment. Standard medical history and physical examination by appropriate medical or physical restoration specialists should include complete assessments of: (1) Overall physical health; (2) Ability to regulate and manage own health; (3) Musculoskeletal and body movement; (4) Range of motion; (5) Posture; (6) Muscle strength; (7) Functional balance; (8) Functional mobility; and (9) Gait. c. Neurological Assessment. Following brain trauma, the neurological assessment should identify an individual's cognitive, emotional, social, and behavioral assets and liabilities. A comprehensive assessment should address the person's: (1) Attention and concentration; (2) Learning and memory; (3) Recent memory; (4) Remote memory; (5) Language; (6) Speech; (7) Visual-spatial abilities; (8) Fine-motor abilities; (9) Higher-order and executive cognitive abilities; (10) Emotional adjustment; and (11) Chemical abuse and dependency. Link to comment Share on other sites More sharing options...
HadIt.com Elder allan Posted November 24, 2009 HadIt.com Elder Share Posted November 24, 2009 CHAPTER 6. INDEPENDENT LIVING (IL) PROGRAM 6.01 POLICY It is Department of Veterans Affairs (VA) policy to encourage programs which enhance the quality of life for veteran-patients. The Independent Living Program (ILP) is an important link in the transition of the spinal cord injured veteran from the medical center to community life. ILP is designed to promote life in the least restrictive community environment for the spinal cord injury (SCI) veteran. 6.02 DEFINITION IL has been defined as having control over one's life based on a choice of acceptable alternatives which minimize the disabled person's reliance on others for decision making and performing everyday activities. In support of this concept, basic IL activities have been provided to SCI veterans for a number of years. 6.03 GOALS The goal of these activities is to allow the veteran, without the services of others or with reduced level of services of others, to live and function within such veteran's family and community. Furthermore, it has been demonstrated that as SCI veterans become more independent, their quality of life improves, and they require fewer services from VA. This decrease in demand translates into savings for VA. 6.04 BENEFITS A number of benefits may be derived from ILP Activities. The successful employment of sufficient IL training and services should result in the following improvements: a. Decreased inpatient length-of-stay; b. Decreased physical dependency of SCI veterans on VA; c. Decreased episodes of rehospitalization; d. Increased staff morale; e. Decreased social admissions; f. Decreased outside/political pressure; g. Decreased suicide rate/depression/substance abuse; h. Decreased family deterioration; i. Decreased financial dependency; and j. Most importantly, increased quality of life for the SCI veteran. Link to comment Share on other sites More sharing options...
HadIt.com Elder allan Posted November 24, 2009 HadIt.com Elder Share Posted November 24, 2009 (edited) Here is the form you will need Grent. Disabled Veterans Application for Vocational Rehabilitation (Fillable) ILS form : http://www.vba.va.gov/pubs/forms/VBA-28-1900-ARE.pdf Expect to be denied on the first try. Send in an NOD & keep appealing it until it's granted. You've earned it. Allan I found this post from Mike Harris in my ILS folder that may also help you. Conf: Claims & Research - Benefits/Claims/Regulation Questions From: Michael Harris mekong152@earthlink.net Date: Sunday, July 29, 2001 07:47 PM Jack, Form number is: VA 28-1900 You can find it at www.va.gov under "Forms". It can be printed. You will be dealing directly with your state VARO Vocational Rehabilitation department. You'll see on the form instructions that there are (2) parts to the application. One is for employment purposes and the other is for "Independent Living Services" (ILS). Stress the latter. Fill out the form and send it to your Voc. Rehab department. They will then set you up an appt with a counselor. It is best to formulate a plan on paper that will help improve your life in your home setting. Don't just target a computer. The ILS program is "avocational", so think of a "hobby" that you'd like to do and put this on paper. An example could be woodworking. You'd like all equipment that you would need to accomplish your goal. A computer is pretty much a given because it help you communicate with the outside world. Once you have a plan then present it to your counselor. If you have further questions then feel free to email me. Mike Mike Mobile Riverine Force RVN 7/68 - 7/69 Edited November 24, 2009 by allan Link to comment Share on other sites More sharing options...
HadIt.com Elder allan Posted November 24, 2009 HadIt.com Elder Share Posted November 24, 2009 July 28, 1999 M28-1, Part III Change 5 CONTENTS CHAPTER 6. SUPPLIES PARAGRAPH PAGE 6.01 Purpose 6-1 6.02 Definitions 6-1 a. Supplies 6-1 b. Computer System 6-1 6.03 Documentation to Authorize Supplies 6-1 a. Basic Documentation 6-1 b. Benefits Delivery Network 6-1 6.04 When VA May Provide Supplies 6-2 6.05 No Supplies for Chapter 30 Rate Veterans 6-2 6.06 Providing Supplies During Rehabilitation Services 6-2 a. Need for Supplies 6-2 b. Authorization Requirements 6-3 c. When to Authorize Supplies 6-3 d. Nonrequired, But Needed Supplies 6-4 e. Supplies for Special Projects and Theses 6-5 f. Reimbursement for Supplies 6-5 g. Personally Purchased Supplies 6-5 h. Supplies to Secure Employment 6-5 6.07 Methods of Providing Supplies 6-5 a. Use of IMPAC (International Merchant Purchase Authorization Card) 6-5 b. When Facility Is a School, Training Establishment, or Employer 6-6 c. When Facility Does Not Issue Books, Tools, or Supplies 6-6 d. Using the Head of Contracting Activity 6-7 e. HCA Responsibilities 6-10 f. VR&C and HCA Liaisons 6-10 CONTENTSContinued CHAPTER 6. SUPPLIES*Continued PARAGRAPH PAGE 6.08 Special Programs 6-10 a. Training in the Home 6-10 b. Providing Supplies for Training in the Home 6-11 c. Farm Cooperative Training 6-11 d. Supplies for a Farm Cooperative Program 6-11 e. Independent Instructor 6-12 f. Obtaining and Maintaining Employment 6-12 g. Providing Supplies to an Employed Veteran 6-12 h. Self-employment 6-12 i. Supplies and Assistance Prohibited for Self-employment 6-13 j. Providing Supplies for Self-employment 6-13 k. Independent Living 6-14 1. Vocational Course at a Rehabilitation Facility 6-14 m. Evaluation and Work Adjustment Programs 6-15 6.09 Special Equipment 6-15 a. Need for Special Equipment 6-15 b. Major Types of Special Equipment 6-15 c. Coordination with Other VA Elements 6-15 d. Blinded Veterans........................................................................ ...... 6-16 e. Identifying the Need for Special Equipment....................................... 6-16 f. Authorizing Special Equipment........................................................... 6-16 g. Automobile Adaptive Equipment........ 6-16 6.10 Authorizing Personal Computer and Robotic Equipment 6-19 a. Need Determination, Plan Development, and Other Documentation 6-19 b. Training Facility Requires the Equipment 6-20 c. Availability of Computer Equipment at the Facility 6-20 d. Inadequate Accessible Computer Equipment 6-21 e. Equipment Lack May Justify Reevaluating Facility Approval 6-21 f. Disability Hinders Veteran’s Use of Available Equipment 6-21 g. Fees and Consumable Supplies 6-22 h Adaptive and Robotic Equipment Authorization and Purchase 6-22 i. Temporary Rental 6-23 j. Limitation on Laptop Computer Purchase 6-24 k. VA Responsibility for Upgrades and Maintenance 6-24 CONTENTSContinued CHAPTER 6. SUPPLIES*Continued PARAGRAPH PAGE 6.11 Clothing, Magazines, Periodicals, and Personal Use Items 6-25 a. Protective Articles and Clothing 6-25 b. Providing Protective Articles and Clothing 6-25 c. Past Issues of Magazines and Periodicals 6-25 d. Personal Use Items 6-25 6.12 Replacement of Supplies 6-26 a. Lost, Stolen, Misplaced, or Damaged Supplies 6-26 b. Supplies Used in More Than One Part of the Program 6-26 c. Maintenance and Repair of Supplies 6-27 d. Replacement of Supplies 6-27 6.13 Release of and Repayment for Supplies 6-27 a. Consumable Supplies 6-28 b. Nonconsumable Supplies 6-28 c. Training in the Home and Self-employment 6-29 d. Repaying the Value of Supplies 6-30 e. Turn-in of Nonconsumable Supplies 6-30 6.14 Prevention of Abuse 6-31 a. Case Manager Responsibilities 6-31 b. VR&C Officer Responsibilities 6-31 CHAPTER 6. SUPPLIES 6.01 PURPOSE This chapter establishes procedures for authorizing supplies under 38 CFR 21.210 through 21.224. 6.02 DEFINITIONS a. Supplies The term “supplies” includes books, tools, consumable goods, and other materials or equipment that VA determines a veteran needs • to pursue training in a vocational rehabilitation program • to achieve the employment or independent living goal of a rehabilitation program b. Computer System The term “computer system” includes a central processing unit, power source, memory, monitor, disk drives, video and sound cards, speakers, software, and peripheral devicessuch as printers, scanners, fax/modems, and surge protectorsthat the veteran needs to achieve the vocational or independent living goal of his or her rehabilitation program. The term also encompasses the training the veteran needs to become proficient in use of the system and its software. 6.03 DOCUMENTATION TO AUTHORIZE SUPPLIES a. Basic Documentation A VR&C (Vocational Rehabilitation and Counseling) case manager may authorize supplies only for approved periods. VA Form 28 1905, Authorization and Certification of Entrance or Reentrance Into Rehabilitation and Certification of Status, or its equivalent, • establishes these periods • is the basis for the Finance activity to pay vendors for supplies, fees, and other services b. Benefits Delivery Network • The VR&C case manager will also prepare a BDN (Benefits Delivery Network) award, when BDN permits, for all periods of authorized service delivery when the veteran will receive subsistence allowance or employment adjustment allowance. 6.04 WHEN VA MAY PROVIDE SUPPLIES VA may provide supplies while the veteran is receiving one of the following benefits: • Extended evaluation • Rehabilitation to the point of employability • Employment services • Independent living services 6.05 NO SUPPLIES FOR CHAPTER 30 RATE VETERANS VA may not provide supplies to a veteran who as part of a vocational rehabilitation program has elected or is receiving payment at the educational assistance rate under chapter 30. 6.06 PROVIDING SUPPLIES DURING REHABILITATION SERVICES a. Need for Supplies VA will provide a veteran with all the supplies, including consumable supplies, that the veteran needs for a program of rehabilitation services. For example, to pursue a school course, a veteran will receive the supplies that the course syllabus or other official facility document requires for that course. The veteran may receive supplies that the syllabus or other official document recommends under one of these conditions: • The lack of recommended supplies places the veteran at a competitive disadvantage with other course participants • The VR&C case manager otherwise establishes the veteran’s need (1) Responsibility for Need Determination. The veteran’s VR&C case manager is solely responsible for determining this need. Case managers at the journeyman grade for their positions will not routinely submit their supply need determinations for prior review and approval by other regional office officials. (2) Difference of Opinion. A difference of opinion is insufficient to overturn or modify a need determination. Overturning or modifying a need determination requires a reviewing official’s formal finding of fraud or clear and unmistakable error. (3) Review and Appeal of Need Determination. The veteran retains the right to request administrative review or appellate relief of a need determination. b. Authorization Requirements VA will authorize supplies under one of three conditions: (1) Nondisabled persons use the supplies in the same training or employment situation. (2) The supplies mitigate or compensate for the effects of the veteran’s disabilities while the veteran is receiving evaluation, training, or assistance to gain employment. This includes supplies to lessen a competitive disadvantage with other students or job seekers. (3) The supplies allow the veteran to function more independently in the home or community and to lessen the veteran’s dependence on others for assistance. Example: A veteran is competing in training or in employment search with non-veteran job candidates who are younger and not disabled. Many of these other candidates own and use computers to succeed in class or in learning and demonstrating job-related computer proficiencies. This veteran may well need a computer system to master its effective use to remain competitive. The case manager should decide to buy a computer system only after carefully analyzing the veteran’s situation and need for the computer system. The case manager should document this analysis and the rationale establishing the need for the computer system in the veteran’s CER (Counseling/Evaluation/Rehabilitation) folder. (See particularly par. 6.10 for the requirements for buying computers and robotic equipment.) c. When to Authorize Supplies A VR&C case manager may authorize delivery of supplies only after signature of the veteran’s rehabilitation plan and the veteran’s acceptance by a provider of training or other rehabilitation services. A veteran should receive supplies . . . Unless . . . for programs lasting 6 months or less on or shortly after the date of enrollment in training or the date the veteran begins to receive other rehabilitation services there are compelling reasons to authorize earlier delivery of supplies (see par. 6.06c(3) below for examples of acceptable reasons). for longer programs organized in terms or phases only for the current part of the program (see also par. 6.06c(1) and (2)) the case manager can project a need for supplies that the veteran will also use in later portions of the program or in employment; for example, a computer system and software. (1) Programs on a Term Basis. A veteran in a program on a semester or other term basis may secure supplies needed for the term at the beginning of each term. Often universities and colleges advise students not to buy books for a subject until after the first class. (2) Long Programs on an Other-Than-Term Basis. For a non-term program lasting 6 months or more, the VR&C case manager, the trainer, and the veteran will jointly arrange for supplies. Long courses often consist of 3- to 6-month phases. If so, issue supplies for the next phase 3-4 weeks before the end of the current phase. (3) Compelling Reasons for Early Release of Supplies. Compelling reasons for authorizing supplies before the enrollment date may include one or more of the following circumstances: (a) Need to Use HCA. The facility does not provide supplies and the VR&C case manager must order the items through the HCA (Head of Contracting Activity) of the servicing VA medical Center or VISN (Veterans Integrated Service Network); (b) Facility Requires It. The facility provides supplies, but VA must submit orders for supplies to the facility before the date of enrollment or course commencement; or © Veteran Risks Failure. The risk of the veteran failing in either training or employment will increase if he or she does not have the necessary supplies before starting training or employment. Example: The veteran will enter training for which the VR&C case manager has determined the veteran needs a computer system. The veteran needs to be proficient in the use of the equipment and software when the first term begins. This veteran should receive the computer system sufficiently before training begins to allow time to learn to use them. d. Nonrequired, But Needed Supplies A school may not require an item for a particular subject. The VR&C case manager may still determine, however, that the veteran needs the item to achieve a rehabilitation goal. The VR&C case manager must authorize the item before the veteran can obtain it. The VR&C case manager may authorize an item if both of the following conditions apply: • Many similarly circumstanced non-veterans in the course own and use it. • Students who do not own the item would be at a disadvantage in pursuing the course. e. Supplies for Special Projects and Theses The amount of supplies that VA may authorize for theses and other special projects may not exceed the amount similarly circumstanced non-veterans generally need to meet project or thesis requirements. The VR&C case manager must authorize these supplies in advance. f. Reimbursement for Supplies VAAR (VA Acquisition Regulation) 831.7001-3, Contract Cost Principles and Procedures, governs reimbursement for supplies. g. Personally Purchased Supplies Generally, VA will not reimburse a veteran who buys supplies without prior VA authorization. VA will pay the veteran if the VR&C case manager determines that the veteran was acting in good faith to obtain needed supplies. The VR&C case manager will discuss the issues with the veteran and document the discussion and the final determination on VA Form 28 1905d, Special Report of Training, or its equivalent. h. Supplies to Secure Employment If the veteran needs supplies to secure employment following training or while in a program consisting only of employment services, the VR&C case manager will take the following steps: Step Actions by Case Manager 1 Obtain the employer’s statement that the veteran’s job requires the supplies and that the employer does not provide them 2 Arrange for delivery of the required supplies during the period of employment services 6.07 METHODS OF PROVIDING SUPPLIES a. Use of IMPAC (International Merchant Purchase Authorization Card) To expedite delivery of supplies and processing of payment for supplies, stations should issue a Federal IMPAC to each VR&C case manager. Case managers should then use IMPAC to pay for purchases within the card’s transaction limitation. Use of IMPAC for these payments is independent of the supply provider or the existence of or need for a contract for supplies. As necessary, the VR&C Officer will coordinate the use of this card with the station Director and with the HCA. The VR&C Officer will work closely with the head of the station’s Finance activity: • To implement training in IMPAC use, to include billing, receipting, and otherwise tracking and documenting purchases in a manner suitable for audit • To develop an adequate system of controls over each case manager’s use of IMPAC b. Facility Is a School, Training Establishment, or Employer To the extent practicable, VA will arrange for the school or other facility training or employing a veteran under chapter 31 to provide supplies. This method helps to ensure that the veteran can timely secure the needed supplies. For VA purposes, a facility is furnishing supplies when the facility itself does not directly provide the supplies, but has designated a supplier. (1) Prior Authorization Not Required. The VR&C case manager does not need to grant prior authorization if all the following apply: • The supplies consist of standard books, tools, and materials. • The facility requires the supplies for trainees in the veteran’s course or employment. • The facility provides the supplies. (2) Prior Authorization Required. The VR&C case manager must authorize in advance all supplies other than the supplies that paragraph 6.07b(1) above describes. Computer equipment and software need prior authorization unless the facility requires each course or program participant to own them personally. (For detailed prior authorization procedures, see par. 6.07d below.) Following authorization, the VR&C case manager will ask the veteran to secure the supplies from one of the following sources: • through the facility or its designated supplier • a vendor with a VA contract to provide supplies • a vendor that accepts IMPAC (3) Handling Fee. VA may pay a handling fee up to 10 percent of the cost of supplies. VA may pay this fee to either of the following: • Educational or training facilities • Facilities’ designated supply providers To be entitled to this fee, the facility or designated supplier must provide program participants or VA with administrative or special personal services above those they provide to other customers. This fee is subject to the limitations in VAAR 831.7001 3(10). c. Facility Does Not Issue Books, Tools, or Supplies. When a school or other facility neither issues supplies nor has designated a supplier, the case manager will arrange to obtain the necessary books, tools, and equipment from another source. (1) Books and Incidental Supplies. When necessary, the VR&C Officer or designee will work with regional office and other VA contract specialists to develop contracts with vendors to obtain required books and other supplies for veterans. To be valid, a contract must have the concurrence of the HCA.. (2) Tools and Equipment. A completed and authorized VA Form 28 1905m, Request for Supplies, justifies the purchase of required tools and equipment in the same manner as for required books (also see par. 6.07d below): Step Actions 1 Instructor prepares a separate VA Form 28 1905m for tools and equipment. 2 Case manager reviews the form and authorizes purchases. 3 Case manager uses IMPAC or arranges through the HCA to secure the supplies. (3) Purchasing Supplies Through the Internet. It may often be financially advantageous to the Federal Government to buy a veteran’s books and other supplies through the Internet. To obtain needed supplies through the Internet, the veteran will research the various suppliers and bring the case manager a list showing comparative prices. The case manager will pay for the supplies using IMPAC or through the HCA. Generally, a veteran may not buy supplies through the Internet and seek reimbursement except for supplies on a list the case manager has approved. d. Using the Head of Contracting Activity A VR&C case manager may not be able to arrange for the training facility, the facility’s designated supplier, or the veteran’s employer to provide all the supplies the veteran needs. For example, the designated supplier may refuse to accept IMPAC payment. In this case, the case manager may: • Arrange through the HCA to buy the unprovided supplies for delivery directly to the veteran • Suggest a vendor to the HCA The VR&C case manager will generally need to obtain supplies other than books through the HCA or by using IMPAC for veterans: • Training in the home or in self-employment • Receiving extended evaluation or independent living services (1) Prior Authorization. The case manager must give prior authorization to HCA to take either of the following actions: • Issue necessary books and supplies when the VR&C case manager cannot arrange for the training facility to provide these items • Buy special equipment or supplies for on-job training, employment, or independent living when other VA programs cannot provide these supplies If the HCA may object to the purchase, the case manager should consult with the HCA before sending an authorization to ensure the HCA understands the justification for the purchase. (2) Veterans First Entering Training (a) Early Delivery of Supplies Is Essential. The case manager should arrange for veterans who have not begun their programs to receive their supplies on or shortly after the date training or rehabilitation services begin. For facilities with registration dates before training begins, VA may provide veterans with the necessary supplies and required program books once the veteran has completed registration (see below subpars. 6.07d(2)© for training verification and (d) for on-job or employment supplies). (b) Preparation and Review of VA Form 28 1905m. In general, there must be a completed VA Form 28 1905m for prior authorization of supplies. As an exception, a case manager may authorize the books and other supplies that a course syllabus requires. To ensure timely delivery of the supplies, the VR&C case manager should receive a completed form before the course or semester begins. If using a syllabus, the case manager will prepare the VA Form 28-1905m. There are several steps in preparing and reviewing a VA Form 28-1905m and authorizing supplies: Step Actions by Case Manager 1 Assist the trainer to prepare the VA Form 28 1905m. (The veteran may participate in the process at his or her request.) 2 After agreeing to the supply list: • Amend the VA Form 28-1905m, where necessary. • Sign the form. • Send a copy to the trainer and a copy to the veteran. • File the original down on the left flap of the CER (Counseling/Evaluation/ Rehabilitation) folder. 3 Within 3 days after receiving a completed VA Form 28 1905m from the trainer: • Prepare VA Form 2237, Request, Turn-In, and Receipt for Property or Services. • On the VA Form 2237 under “Justification of Need or Turn-in” request release or shipment of the supplies to the veteran by the scheduled beginning date of training or service delivery. Item 13 of VA Form 28 1905 provides this date. Preferred alternative to VA Form 2237: Use IMPAC in place of the VA Form 2237 if the transaction is within the card purchase limit and the vendor accepts the card. 4 Send the completed VA Form 2237 in an envelope marked “Special” to the HCA by the fastest available means. © Verification of Training Entry. To prevent improper release of supplies to veterans, the VR&C case manager will whenever possible verify entrance by contacting the trainer to determine whether the veteran has started training. If the case manager can verify that the veteran has not started, the VR&C case manager will contact the veteran and take one of the following actions: Note: This verification may not be feasible for large institutions, such as universities, that do not keep attendance rolls. If the veteran . . . The case manager will . . . Will not enter training Tell the veteran to refuse all deliveries of supplies and to return any already received supplies. Cannot be contacted Request the HCA cancel the order by the beginning of the day before the supply release date on the VA Form 2237. Will soon enter training Ask the HCA to hold the supplies for the veteran and establish a new delivery date. (d) Release of Supplies for On-job Training or Employment. A veteran may be entering on-job training or employment. The case manager should contact the veteran and the veteran’s employer no earlier than 3 days before the training or employment start date. If this contact indicates that the veteran expects to begin the training or employment, the case manager should arrange for the veteran to receive planned supplies immediately. The case manager may deliver the supplies during the next supervisory assistance visit if this will speed delivery. (3) Veterans in Training. Processing of requests for veterans who have already begun training will follow the procedure in paragraph 6.07(a) through (d) above. For these veterans, generally use IMPAC to buy the items. As an alternative, complete and forward VA Form 2237 to the HCA requesting immediate delivery of supplies. e. HCA Responsibilities (1) Timeliness. Normally, the HCA will place orders for supplies for chapter 31 program participants normally within 2 workdays of receipt of the request. (2) Local Procurement of Supplies. To facilitate procurement, the HCA will place orders in the area where the veteran is training whenever feasible. f. VR&C and HCA Liaisons The VR&C Officer and the HCA at the servicing VA medical center or VISN will each appoint a staff member as a liaison to the other activity. The liaisons will handle processing questions or problems. Local procedures for effective coordination should cover these interactions. Example of Liaison Activity: The HCA’s liaison will inform the VR&C case manager when and where the veteran may pick up requested supplies or when the supplier anticipates shipment to the veteran. 6.08 SPECIAL PROGRAMS a. Training in the Home VA may furnish supplies to veterans training at home under any of the following conditions: (1) Facilities ordinarily require trainees to possess the supplies for the same program or course objectives. (2) The supplies are essential to training because the veteran is pursuing the course at home. Equipment in this category consists of items that a facility ordinarily makes available and does not normally require students to own. Examples of this equipment are a drafting table and associated supplies for a drafter, cartographer, or engineer, or a computer system for a computer software engineer or graphic designer. (3) The veteran needs the supplies to function more independently in his or her home and community. For a veteran in an independent living program, this may include purchase of a computer system for hobby or other avocational purposes. To justify buying a computer, the case manager must establish that this purchase will improve the quality of life for the veteran. b. Providing Supplies for Home Training The VR&C case manager must authorize in advance the procurement of supplies to enable a veteran to train at home. There are several steps to providing supplies for home training: Step Actions 1 The instructor prepares VA Form 28 1905m following the procedure in paragraph 6.07d(2)(b) above. 2 The VR&C case manager approves the VA Form 28 1905m. 3a The instructor secures the necessary books and other supplies for the veteran. VA reimburses the instructor for the purchases, but does not pay a handling fee. 3b The instructor does not provide the needed books and other supplies. The case manager arranges for the veteran to receive the supplies and other approved items by using IMPAC or through the HCA. c. Farm Cooperative Training The books and related training supplies that VA may provide a veteran in farm cooperative training depend upon the type of instruction: (1) Organized Group Instruction. A part of the veteran’s program may include organized group instruction. When this occurs, VA will provide the books and supplies that the school requires all students in the school portion of the course to own or to rent. (2) Individual Instruction. The veteran may receive all instruction on the veteran’s farm by an individual instructor. In this case, VA will provide the textbooks and other supplies that a school would ordinarily require for a student in the same or a similar farm program. The case manager may request that an agricultural expert*for example, an extension agent*certify the textbooks and supplies essential to achieving the farming objective. d. Supplies for a Farm Cooperative Program The procedures for securing necessary books and incidental supplies for home training (see subpars. 6.08a and b above) also apply to a farm cooperative program. If a veteran needs a computer system to assist in the management of the farm, the case manager may authorize its purchase under paragraph 6.10 below. VA may not provide any other supplies to a veteran in farm cooperative training. If the veteran is eligible for additional services and supplies to become self-employed, the VR&C case manager may authorize them under 38 CFR 21.258. e. Independent Instructor The supplies that a veteran in an independent instructor course may receive are the same as for veterans pursuing the same or a similar course at a school. To secure necessary supplies, use the procedures for a veteran training at home (see subpars. a and b above). f. Obtaining and Maintaining Employment A veteran receiving employment services may receive supplies if one of the following conditions occurs: (1) The employer requires similarly circumstanced non-veterans to own upon beginning employment and (a) VA did not provide the items during the veteran’s vocational training, or (b) The items VA provided for training are not adequate for employment. (2) VA determines that the veteran needs special equipment to do his or her duties, subject to the employer’s obligation to make reasonable accommodation to the veteran’s disabilities. (For instructions on reasonable accommodations, see Part IV, Employment Services.) g. Providing Supplies to an Employed Veteran For an employed veteran to obtain supplies to maintain employment, the veteran must be in Employment Services case status. The employer will prepare VA Form 28 1905m (see paragraph 6.07d(l)(b) above). When the VR&C case manager approves the form, the employer: • may secure the approved supplies in the same manner as for veterans in on-job training • may not charge a handling fee for these supplies If the employer does not provide the supplies, the VR&C case manager will procure them by using IMPAC or through the HCA. (Note: If the veteran is not participating in vocational rehabilitation, this will involve entering or reentering the veteran into a program.) h. Self-employment The supplies and services that VA may provide to a veteran seeking self-employment are subject to 38 CFR 21.258. These supplies and services generally may not exceed what the veteran needs to begin operations. These include: (1) Minimal stocks of materials; for example, an inventory of salable merchandise or goods, expendable items for day-to-day operations, and items for consumption on the premises; (2) Essential equipment, including machinery, occupational fixtures, accessories, and appliances; and (3) Other incidental services, such as business license fees. i. Supplies and Assistance Prohibited for Self-employment As part of a self-employment program, VA may not authorize: (1) Full or partial payment to purchase, lease, or rent land and buildings; (2) Purchase or rental of trucks, cars, or other means of transportation; (3) Stocking a farm for animal husbandry operations; or (4) Recurring operating costs, such as insurance, water, gas, and electric bills. j. Providing Supplies for Self-employment The VR&C case manager will determine which supplies the veteran needs for self-employment while developing the comprehensive self-employment plan and will secure all necessary approvals before authorizing supplies. The VR&C case manager and the veteran will prepare VA Form 28 1905m to document the supplies that VA will provide. (1) VA Responsibilities. VA is responsible for authorization of necessary supplies that 38 CFR 21.258 and 21.214(e) permit. (2) Veteran Responsibilities. A program establishing a business requires the veteran to rely in part on his or her resources in developing and establishing the business. This is unlike nearly all other VA vocational rehabilitation programs, in which VA pays for all services and supplies necessary for both training and employment. Specifically, the veteran is responsible for paying for any of the items in paragraph 6.08i above. In addition, if the veteran’s business requires supplies greater in amount or kind than VA may authorize, the veteran is responsible for securing these supplies. (3) Veteran’s Failure to Obtain Required Supplies or Pay Business Expenses. If, contrary to the plan, the veteran does not obtain supplies that are his or her responsibility or does not pay for the items in subparagraph 6.08i, the VR&C case manager should take the following actions: Step Actions 1 Interrupt services to the veteran pending resolution of the issue. 2 If the veteran fails to resolve this supply issue, determine whether the veteran’s conduct and cooperation are unsatisfactory. 3 If conduct and cooperation are unsatisfactory, consider whether to require repayment of the current value of the supplies that VA provided the veteran. (38 CFR 21.222(a)) k. Independent Living VA will provide supplies for independent living in the same manner as for vocationally oriented rehabilitation programs. When the veteran is in an independent living program, as 38 CFR 21.122© defines it, the veteran may receive the supplies that the training or rehabilitation facility requires persons in the course to own. The facility may provide these supplies in the same manner as for a veteran in a school course. All non required supplies need prior approval by the VR&C case manager (see paragraph 6.07d(2)(b) above). (1) Processing of VA Form 28 1905m. A responsible official of the training or rehabilitation facility will prepare VA Form 28 1905m and submit it to VA. The VR&C case manager will review the form. (2) Special Equipment. If the requested items are special equipment under paragraph 6.09 below, the VR&C case manager must first determine if the veteran is eligible for these items under other VA benefits. If the veteran is not eligible under other VA benefits, the VR&C case manager will arrange to provide the items, subject to the general limitation on supplies in paragraph 6.09 below. Following approval of the items for issuance under chapter 31, the case manager will arrange to procure them through the HCA following paragraph 6.07d above or by using IMPAC. l. Vocational Course at a Rehabilitation Facility VA will provide in the same manner as for a school course the books and other incidental supplies a veteran needs to pursue a vocational course at a rehabilitation facility. The VR&C case manager will arrange to obtain other supplies through the HCA or IMPAC in the same manner as for independent living under paragraph 6.08k above. m. Evaluation and Work Adjustment Programs For persons in an evaluation or work adjustment program, the VR&C case manager may obtain the required supplies through the rehabilitation facility providing the services. To obtain other supplies the veteran needs to meet special disability problems or other factors, the VR&C case manager will use IMPAC or arrange with the HCA, as paragraph 6.08k above describes. 6.09 SPECIAL EQUIPMENT a. Need for Special Equipment The VR&C case manager should authorize or recommend, as appropriate, special equipment to enable a veteran to lessen or overcome the effects of disability in pursuing a rehabilitation program or in getting and keeping employment. b. Major Types of Special Equipment The major types of special equipment that a VR&C case manager may authorize include: (1) Equipment for Educational or Vocational Purposes. This category includes items nondisabled persons ordinarily use in evaluation or employment training, but which require modification for use by individuals with disabilities. Examples: A veteran with a visual impairment may need a computer system with speaking, voice activation, and speech recognition capability. A veteran with the use of only one hand may need a computer keyboard adapted for one-hand typing and voice activation and speech recognition software. (2) Sensory Aids and Prosthesis. This category includes items specifically designed to mitigate or overcome the effects of disability. They range from eyeglasses and hearing aids to closed-circuit TV systems that enlarge reading material for veterans with severe visual impairments. (3) Modifications to Improve Access. This category includes environmental adaptations not generally associated with education and training, such as adaptive equipment for automobiles or supplies to modify a veteran’s home to make in-home training or self-employment possible. c. Coordination With Other VA Elements If the veteran needs special equipment and is eligible for this equipment under another VA program, the veteran must secure the items through that program. For example, a veteran might obtain prosthetic devices from VA medical centers. The VR&C case manager must determine that the veteran is ineligible for the needed special equipment under other VA programs and benefits before authorizing the item solely under chapter 31. The VA element administering the benefit makes this determination of ineligibility. The case manager will carefully document in the veteran’s CER folder any ineligibility finding. d. Blinded Veterans Statute 38 U.S.C. 614 regarding blinded veterans reinforces the policy of providing special equipment to disabled veterans to allow them to participate in training on as equal a basis as possible with nondisabled trainees. This statute provides for the issuance of “mechanical or electronic equipment” to assist them in overcoming the handicap of blindness. e. Identifying the Need for Special Equipment The VR&C case manager should identify the need for special equipment at the earliest date to facilitate planning. This identification may occur: • While planning a rehabilitation program; • As a result of a request for special equipment by the veteran, an instructor, a physician, a staff member of a rehabilitation facility, or other qualified person involved in the veteran’s rehabilitation program; or • During training supervision. f. Authorizing Special Equipment The VR&C case manager will work through the HCA to secure special equipment under chapter 31, following the procedures in paragraph 6.07d above and paragraph 6.10 below, when: (1) A veteran needs the special equipment; and (2) The veteran is ineligible for this equipment under other VA benefits. g. Automobile Adaptive Equipment (1) Definition. The term “adaptive equipment” means generally that equipment that must be a part of or added to an automobile or similar vehicle manufactured for sale to the general public. The intent of this adaptive equipment is to make the vehicle safe for use by the claimant and to assist him or her in meeting the standards for a license to operate the vehicle. (2) Health and Safety Are Principal Criteria. For automobiles and similar vehicles, adaptive equipment includes, but is not limited to any of the following items: • Automatic transmission for a veteran who has lost a limb or the use of a limb or who has another physical difficulty hindering use of a manual transmission • Power steering, brakes, windows, and seats • Air-conditioning equipment when necessary to the health and safety of the veteran and to the safety of others • Special equipment necessary to assist the eligible veteran into or out of the automobile or other conveyance, regardless of whether the veteran will operate the vehicle or another person will operate it for the veteran • Any modification of the interior space of the automobile or other conveyance if the physical condition of the veteran requires this modification to allow the veteran to enter or operate the vehicle (3) Approval of Additional Equipment for Classes of Losses. For automobiles and similar vehicles, adaptive equipment includes equipment the Under Secretary for Health may direct as ordinarily necessary for any of the classes of losses that the Prosthetic and Sensory Aid Service of VHA (Veterans Health Administration) has established. These specifications may limit payment for this equipment. (4) Approval of Additional Equipment in Individual Cases. Adaptive equipment also includes other equipment that the Under Secretary for Health or designee may deem necessary in an individual case. This definition is the same as title 38 CFR 3.808 uses to define “adaptive equipment” for purposes of authorizing this equipment under title 38 U.S.C. chapter 39. (5) Allowable Types of Adaptive Equipment. The types of adaptive equipment that VA may authorize for veterans with a particular disability will generally be the same as for veterans eligible under 38 CFR 3.808. A veteran may not receive equipment under chapter 31 greater in number or expense than similarly disabled veterans could receive under 38 CFR 3.808. (6) Determining Eligibility for Automobile Adaptive Equipment. VA may determine that adaptive equipment is necessary for the veteran to pursue rehabilitation at a suitable facility near the veteran’s current home. (7) Consideration of Alternative Means to Achieve Rehabilitation. In determining whether to request adaptive equipment for a vocational rehabilitation program, the case manager must evaluate whether the veteran could achieve rehabilitation by alternative means. Two examples of alternative means are training in the home and using an individual instructor. The VR&C case manager must follow this decision table in determining whether to request adaptive equipment: Criteria for requesting adaptive equipment If alternative means are. . . Then the VR&C case manager will . . . Less expensive AND as suitable Not request adaptive equipment At least equally expensive Request adaptive equipment Not as suitable Request adaptive equipment (8) Independent Living. Failure to provide the equipment must hinder achievement of an intermediate objective or the goal of the veteran’s rehabilitation program. The intermediate objective must relate to reducing the veteran’s dependence on others and increasing the veteran’s capability for self-care and independence. The VR&C case manager must do the same type of analysis to explore suitable alternatives and the costs and benefits of these alternatives. (9) Authorizing Automobile Adaptive Equipment (a) VR&C Case Manager Responsibilities. After determining the veteran needs automobile adaptive equipment, the VR&C case manager will • use VA Form 28 8861, Request for Medical ServicesChapter 31, to ask that the Prosthetics Representative consider the need for adaptive equipment • indicate on the form if the claim is for a nonservice-connected condition and provide medical information if evidence of this disability is not in the veteran’s claim file • inform the veteran that the Prosthetics Representative must approve adaptive equipment before the veteran can secure it (b) Prosthetics Representative’s Responsibilities. The Prosthetics Representative is responsible for approving the type of adaptive equipment that the veteran needs by evaluating the veteran’s condition, including both service- and nonservice-connected disabilities. © No Reimbursement for Unapproved Equipment. VA has no obligation or responsibility to reimburse a veteran who secures adaptive equipment, van modification, or other alteration without the prior approval of the Prosthetics Representative. (d) Reimbursement Following Approval by Prosthetics Representative. Following the Prosthetics Representative’s approval, the veteran will buy the adapted automobile or the adaptive equipment for an existing automobile. The veteran will then receive reimbursement under existing procedure for automobile adaptive equipment. This procedure allows for total or partial reimbursement of the veteran’s expense depending upon the type of equipment, whether the car is new or used, and other factors. (10) Disagreement. A disagreement may arise between VR&C staff members and the Prosthetic Representative whether the equipment the Prosthetic Representative has authorized will meet the veteran’s needs. When this occurs, the VR&C Officer will refer the case to the Director, Vocational Rehabilitation and Counseling Service (28) for resolution. (11) Replacement of Automobile Adaptive Equipment. Replacement of automotive equipment authorized under chapter 31 is subject to the limitations on supply authorization in 38 CFR 21.220. 6.10 AUTHORIZING PERSONAL COMPUTER AND ROBOTIC EQUIPMENT a. Need Determination, Plan Development, and Other Documentation Authorization of computer or robotic equipment requires a thorough needs assessment. Assessment includes reviewing the current and projected employment market and the suitability of the equipment to the veteran’s training and employment. (Subpar. 6.10b provides an exception to this assessment requirement.) The rehabilitation plan should be amended to include the purchase of a computer system and software or robotic equipment, as well as maintenance, upgrading, and training in its use (subpar. 6.10 k below). Either VA Form 28 1902b, Counseling RecordNarrative Report, or 28 1905d will document in detail the justification for purchase to include: (1) Conclusions of an expert consultant; (2) Considerations of alternative devices or systems; (3) Projected benefits resulting from use of the equipment; (4) Considerations of alternative methods of providing the equipment, such as rental (see par. 6.10(i) below for limitations on rental); (5) Arrangements for needed user training; (6) Projected extent and duration of use; and. (7) Arrangements for maintenance and possible upgrading. b. Training Facility Requires the Equipment A facility’s requirement that all students personally own computer equipment and software establishes the need for these items without further development. The VR&C case manager will authorize their purchase as supplies necessary for training and employment under paragraph 6.07b. The school, training establishment, or employer may furnish these supplies. VA will provide these items in the same manner as other required supplies. Similarly, VA may furnish robotic equipment and supplies the facility indicates the veteran needs to train in robotics in the same manner as other required supplies. c. Availability of Computer Equipment at the Training Facility Training facilities sometimes provide a range of computer equipment that students may use at no or minimal cost. VA will pay for the use of the equipment, including reimbursing the veteran when the facility does not bill VA directly. Despite the availability of computer equipment at the facility; nevertheless, there may be sufficient reasons for VA to obtain a personal computer for the veteran. A chapter 31 program participant must use the equipment the facility makes available, however, when: (1) The facility does not require personal ownership of a computer; and (2) VA cannot provide the computer under paragraph 6.10d or f below. d. Inadequate Accessible Computer Equipment The case manager will arrange for the veteran to gain access to needed computer equipment if either of the following situations occur: • The training facility does not have sufficient necessary computer equipment on campus • The veteran’s situation does not allow adequate access to the facility’s equipment (1) Facility Recommends Equipment. VA will authorize the same type of arrangements that the facility recommends for similarly circumstanced students. The VR&C case manager should consult with facility officials and select a means of meeting the veteran’s needs that are also in the government’s interest. This deliberation may result in VA purchase or lease of a computer system for the veteran to use at home. (2) Facility Does Not Recommend Equipment. If the facility does not have a policy for these situations, the case manager may independently develop sufficient evidence to support a decision on whether to buy or lease a computer system for the veteran. Example: A veteran trains from 9:30 AM to 2:30 PM daily. The school does not require ownership of a computer, but working knowledge of personal computers and software is essential to success in training. The school has sufficient computer equipment available after class, but not on weekends. The veteran commutes 40 miles to class. To help support a family, the veteran must work from 4 PM until midnight three to four school nights each week. The veteran’s living and work situations preclude the effective use of the facility’s computers. Lack of a computer system in the veteran’s home would jeopardize the veteran’s program success. Projected long-term use by the veteran of a computer system makes the cost of leasing a system exceed the cost of buying one. The case manager should arrange to buy a computer system for this veteran. e. Equipment Lack May Justify Reevaluating Facility Approval The VR&C Officer may consider reevaluating chapter 31 approval for a facility that does not have adequate computer equipment in classrooms and laboratories necessary for veterans to pursue their programs. This reevaluation may affect only a particular student or may limit any future use of the facility by vocational rehabilitation participants. f. Disability Hinders Use of Available Computer Equipment The VR&C case manager will obtain a computer and peripheral equipment as special equipment under paragraphs 6.09 above and 6.10h below when: (1) A veteran’s disabilities significantly hinder the veteran’s use of the equipment the facility ordinarily issues, requires students to own, or makes otherwise available at the facility; or (2) There is a special need for the veteran to possess this equipment. Note: Procurement of non-adaptive computer equipment is not subject to the additional provisions of paragraph 6.10h below. g. Fees and Consumable Supplies VA will pay required fees for use of computer equipment and software at a training facility or employer in the same manner as for other required fees and consumable supplies. VA may rent computer equipment for a veteran in a survey course under VAAR 871.7001-3 or under the conditions in paragraph 6.10(i) below. VA will also pay fees for any needed Internet usage and for installation and maintenance of a separate telephone line. VA may pay Internet and telephone fees setup and maintenance fees as part of the veteran’s rehabilitation plan either to the service provider or as reimbursement to the veteran. For either a rented or purchased computer system, VA will pay for the consumable supplies the system uses. Examples of Consumable Computer Supplies: Printer paper and toner or ink jet cartridges, monitor cleaning fluid or wipes, floppy disks, rewritable CD ROM disks, and tapes for storage of back up memory recordings. h. Adaptive and Robotic Equipment Authorization and Purchase A VR&C case manager may authorize adaptive computer equipment, software, and robotic equipment for a veteran to mitigate the effects of disability. He or she may authorize this equipment, however, only as special equipment under paragraph 6.09 above and the following procedures: (1) Assessment of Need and Suitability. The case manager must obtain expert consultation before buying adaptive computer equipment and software to enable a veteran to participate in vocational rehabilitation and employment or to function more independently. The case manager must determine and document that the veteran is capable of operating the computer system and that it is suitable for the intended purpose. When possible, the veteran should get hands-on experience with the equipment before purchase. Note: The same kind of equipment may not be adequate for veterans with similar disabilities. (2) Resources to Consider for Evaluation. VHA shall be the first referral source for assessment of the need for and suitability of adaptive computer and robotic equipment (see par. 6.09). If VHA cannot provide the necessary assessment, the VR&C case manager should consider the following resources: • Colleges and universities with expertise in the evaluation of computer equipment for disabled persons, such as schools with special programs for disabled persons • State rehabilitation agencies • Associations for persons with specific disabilities • Veterans service organizations • Governors’ Committees on Employment of the Handicapped • User groups • Rehabilitation training and research centers (3) Justification for Purchase. VA may authorize the purchase of adaptive computer equipment or robotic equipment under chapter 31 only as special equipment. This purchase must follow a careful assessment and a determination that VA cannot authorize the necessary equipment under 38 U.S.C. chapter 17. Purchase may be justified if one of the following is true (a) The conditions for rental in paragraph 6.10i below are not met; or (b) Projected rental costs are essentially the same as or greater than the purchase price. (4) Request for Purchase. Established procedures for procuring chapter 31 services, including use of IMPAC, govern purchases of adaptive computers and robotic equipment. i. Temporary Rental Rental costs of computer and robotic equipment can quickly exceed purchase costs. Therefore, VR&C case managers should not generally consider rental for long-term use of this equipment. On the other hand, VR&C case managers may consider temporary rental under either of the following conditions: • To explore equipment suitability early in a program that requires either regular or special equipment before committing to a substantial investment • To meet a transitory need Otherwise, the case manager will buy adaptive computer equipment and robotics through the HCA following the evaluation process in paragraph 6.10h(3) and (4) above. j. Limitation on Laptop Computer Purchase A case manager will authorize the purchase of a laptop computer only when the veteran’s disability, program, or employment clearly establishes a need for a laptop computer. Examples: (1) A veteran who has physical difficulty writing may receive a laptop computer if this will assist in taking notes in class or in on-job performance. (2) A veteran in a program requiring extensive field work may need the data base mobility that a laptop computer affords. k. VA Responsibility for Upgrades and Maintenance While the veteran is in a rehabilitation program, VA will arrange for maintenance of the computer or robotic equipment. VA will pay for upgrades to the equipment or software for the veteran’s program or to make the veteran competitive in the employment market. The veteran’s written rehabilitation plan will clearly indicate this VA responsibility. (1) Maintenance Contracts. Often the best way to get system maintenance is to buy a reliable, comprehensive maintenance contract on the equipment for the projected duration of the veteran’s program. (2) Upgrading to a New Computer System. Upgrading may involve buying a new computer system if the veteran’s current system cannot be adequately upgraded to meet either of the following: • the current needs of the rehabilitation program course work • the projected use of the computer in the veteran’s planned employment. Upgrading to a new system includes the transfer of the software and files from the old system onto the new system. (3) Turn-in of Old Computer System. Once VA has bought a new computer system to replace one VA bought earlier, the veteran must turn in the old system to VA after the software and file transfer to the new system. The veteran must agree to this turn-in in writing before VA will buy the new system. Exception: The veteran can retain the old system if the case manager establishes and documents the need for the veteran to keep the old system. (4) End of VA Responsibility. Usually, VA responsibility for maintenance and upgrading stops when the VR&C case manager places the veteran in Rehabilitated or Discontinued case status. (5) Exceptions to Time Limitation. There are exceptions to this time limitation on VA’s maintenance responsibility, however, if VHA makes one of the following determinations: (a) A blinded veteran is eligible under 38 U.S.C. 614. (b) A profoundly deaf veteran is eligible under 38 U.S.C. 617(b). 6.11 CLOTHING, MAGAZINES, PERIODICALS, AND PERSONAL USE ITEMS a. Protective Articles and Clothing VA will provide protective articles or clothing the veteran wears in place of ordinary clothing when the school, training facility, or employer requires similarly circumstanced non-veterans to use the articles or apparel. VA will not provide any other clothing. b. Providing Protective Articles and Clothing Providing protective articles and clothing requires the VR&C case manager’s prior authorization. A responsible school official will prepare and the veteran will sign VA Form 28 1905m. (1) Facility Provides Clothing. The facility may provide the protective articles or clothing in the same manner as other supplies. VA may pay a handling fee not to exceed 10 percent of the cost to an educational institution providing the clothing. (2) Facility Does Not Provide Clothing. If the facility does not furnish the clothing and protective articles, the VR&C case manager will use IMPAC or arrange though the HCA to order the items. c. Past Issues of Magazines and Periodicals VA may provide past issues of magazines or periodicals or reprints of articles in the same manner as text material when relevant to the course or training. There is no need for further justification when students in a course must own the same past issues. d. Personal Use Items VA may provide items a veteran can personally usesuch as musical instruments, cameras, artist kits, tools, or similar itemsfor required courses that are in the veteran’s major field of study or are otherwise a requirement for degree or course completion. The VR&C case manager must grant prior authorization. In reviewing these items, the VR&C case manager will follow the procedures in paragraph 6.07d(2)(b). The VR&C case manager may arrange to rent these items for the veteran if: (1) Rental rather than purchase will result in a substantial cost saving; and (2) The veteran will not need the items for another part of the rehabilitation program or in employment. 6.12 REPLACEMENT OF SUPPLIES a. Lost, Stolen, Misplaced, or Damaged Supplies During a program, supplies may be lost, stolen, misplaced, or damaged beyond repair through no fault of the veteran. When this occurs, VA will replace supplies that the veteran needs to continue in the program. The VR&C case manager may require a veteran to replace or repair articles at the veteran’s expense if the loss or damage was the veteran’s fault. (1) Use of Revolving Fund Advances. VA may make an advance from the Vocational Rehabilitation Revolving Fund to a veteran to replace articles for which VA will not pay if the veteran is without funds to pay for them; (2) Veteran’s Refusal to Replace Needed Article. If a veteran refuses to replace an article indispensable to the program when its loss or damage was the veteran’s fault, the VR&C case manager may consider this refusal as noncooperation under 38 CFR 21.364; (3) Reentrance Following Discontinuance. If the veteran’s program discontinues under 38 CFR 21.362(b), he or she may reenter the program only when he or she agrees to replace the necessary articles and meets other conditions for reentrance following discontinuance. b. Supplies Used in More Than One Part of the Program. VA will generally furnish nonconsumable supplies only once, even though the need for the same supplies may recur later in the veteran’s program. This multiple usage may be in another subject or in another quarter, semester, or school year, or may entail use for both training and employment. c. Maintenance and Repair of Supplies In general, VA will maintain and repair the tools and equipment it has bought for the veteran (see par. 6.10k for additional requirements for computer systems). VA may authorize and pay for repairs if these four conditions are met: (1) The period of warranty on the supplies or equipment has passed; (2) The need for repair is not the result of abuse or misuse of the item; (3) The cost of repair is less than half the cost of replacement that would otherwise be necessary and for which the veteran is eligible under 38 CFR 21.220; and (4) The veteran is in one of the following case statuses: • Rehabilitation to the point of employability • Extended evaluation, • Independent living • Employment services Note: Only the Prosthetic and Sensory Aids Service may arrange to repair items that it has issued. d. Replacement of Supplies When replacing supplies, the case manager must take the following actions: Step Actions by Case Manager 1 Determine that the veteran’s situation meets the criteria in 38 CFR 21.220 for replacement of supplies 2 Process the replacement in the same manner as an original authorization of supplies 6.13 RELEASE OF AND REPAYMENT FOR SUPPLIES With certain exceptions, if a veteran does not complete the planned rehabilitation program, the veteran must repay VA the value of the supplies that VA provided. To document the charges in the CER folder, the case manager will complete VA Form 28-1905L, Disposition of Supplies (Chapter 31). a. Consumable Supplies VA will require the veteran to pay for consumable supplies unless: (1) The veteran fails to complete the program through no fault of his or her own; (2) The employment objective of the rehabilitation plan is changed as a result of reevaluation by VA staff members; or (3) The total value of the supplies is less than $100. b. Nonconsumable Supplies (1) Repayment Amount. A veteran must repay the lesser of the current value of the supplies or the original cost of the supplies. To establish the current value, the VR&C case manager will consult with knowledgeable individuals in the trade or profession who can estimate the value of used equipment. (38 CFR 21.222(b)). Link to comment Share on other sites More sharing options...
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grent
Help:
i am 100% p and t vet with claim for smc pending before BVA
Can i apply now for independent living?
what is isdependent living?
I live alone and im very sick can I apply for it?
thx
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