Voc Rehab Eligibility Question

[humiliari]

I was in the Vocational Rehabilitation and Employment (VRE) program for about two years and I was placed in a job by the VRE employment coordinator that I worked for about 3 years. I was determined to be rehabilitated by VRE. I was medically retired from the job due directly to my service connected conditions. This is well documented as the reason I could no longer work at my job. Because of the 5 years spent preparing for and working at this job, I am over my 12 year eligibility period from my first rating of disability making me eligible. I am in the process of a Serious Employment Handicap (SEH) determination to make me eligible for extended services, but I found something that makes me wonder if this SEH determination is even necessary:

§21.284   Reentrance into a rehabilitation program.

(a) Reentrance into rehabilitation to the point of employability following a determination of rehabilitation. A veteran who has been found rehabilitated under provisions of §21.283 may be provided an additional period of training or services only if the following conditions are met:

(1) The veteran has a compensable service-connected disability and either;

(2) Current facts, including any relevant medical findings, establish that the veteran's service-connected disability has worsened to the extent that the effects of the service-connected disability considered in relation to other facts precludes him or her from performing the duties of the occupation for which the veteran previously was found rehabilitated; or

(3) The occupation for which the veteran previously was found rehabilitated under Chapter 31 is found to be unsuitable on the basis of the veteran's specific employment handicap and capabilities.

(Authority: 38 U.S.C. 3101(a))

(b) Reentrance into a program of independent living services following a determination of rehabilitation. A finding of rehabilitation following a program of independent living services may only be set aside, and an additional period of independent living services provided, if the following conditions are met:

(1) Either:

(i) The veteran's condition has worsened and as a result the veteran has sustained a substantial loss of independence; or

(ii) Other changes in the veteran's circumstances have caused a substantial loss of independence; and

(2) The provisions of §21.162 pertaining to participation in a program of independent living services are met.

(Authority: 38 U.S.C. 3109)

(c) Reentrance into rehabilitation to the point of employability during a period of employment services. A finding of rehabilitation to the point of employability by VA may be set aside during a period of employment services and an additional period of training and related services provided, if any of the following conditions are met:

(1) The conditions for setting aside a finding of rehabilitation under paragraph (a) of this section are found;

(2) The rehabilitation services originally given to the veteran are now inadequate to make the veteran employable in the occupation for which he or she pursued rehabilitation;

(3) Experience during the period of employment services has demonstrated that employment in the objective or field for which the veteran was rehabilitated to the point of employability should not reasonably have been expected at the time the program was originally developed; or

(4) The veteran, because of technological change which occurred subsequent to the declaration of rehabilitation to the point of employability, is no longer able:

(i) To perform the duties of the occupation for which he or she trained, or in a related occupation; or

(ii) To secure employment in the occupation for which he or she trained, or in a related occupation.

(Authority: 38 U.S.C. 3117)

[49 FR 40814, Oct. 18, 1984, as amended at 58 FR 68769, Dec. 29, 1993]

Is a SEH determination necessary? I was once in the program and now I just want to reenter because my service connected conditions caused me to lose my job. Does this regulation require that I am in my basic 12 year eligibility period, or since I was once in, I can get back in without worrying about anything other than showing that this regulation applies to me? I greatly would appreciate help in this matter. Thank you!

[broncovet]

Good questions.  

With respect to a somewhat similar program, DEA chapter 35, I  may be able to offer my 2 cents.  

When you have a dependent eligible for Ch. 35, he needs to be between 18 and 26 years old if I recall.  

However, if he begins a 4 year education program at his age 24, he is allowed to complete the program.  

So, if you "start" the program before age 26, you may complete it.  

I will speculate the same thing happens here, with Voc rehab.

You "began" the program before your 12 year eligibity was over, so you are "in", and allowed to complete it.  

In other words, once you meet the eligibility requirements, you dont have to keep meeting them over and over again every year.  You are already in Voc rehab, so you should be able to continue.  

You should verify that, tho.  Go to ebenefits and you may be able to find it.  I found mine.    

I have a VBM and may be able to find it, if its there, but it takes a while and Im going to bed.  

Of course, you could always ask your voc rehab guy.  

You see, once VA determines you are "eligible" and puts you in, that is a "factual determination"..sort of like a decision.  A decision becomes final after a year, and cant be reversed either by the Veteran or by VA absent CUE.  You got a "decision" from Voc rehab..a factual deterimination that you are eligible.  

Now, you have xx months to complete the program.  With my Voc rehab, I was "eligible" for 12 years, but that did not mean I got 12 years of benefits..I think it was 40 or 48 months, no more.  

Hope this helps.  

[Gastone]

If you lost your last job due to your SC conditions, have you filed for SSDI? Are you Scheduler 100% SC?

As to the Voc Rehab Program, I was in it back in 2011, had to drop out. As I recall, eligibility was an SC Rating of min 30% and within 12 years of your (Last?) SC award. When I received my 2014 IU award, a separate page recommending the Voc Rehab Program was included. i haven't really reviewed the Chpt 35 program recently, however, you may want to look into the Chapter 31 Independent Living (IL) program.

Semper Fi

[humiliari]

Thank you, I contacted my VRE, but I will also follow up with my service organization, and more research. I would like to be gainfully employed again, so no SSDI. I am 100% PT, but I want to contribute to society in my own way if I can (not that anyone on ANY disability doesn't) , but I need help from VRE to get back to being as productive as possible considering my service connected conditions. I feel that I should be given that chance considering my circumstances. I fought as hard as possible to keep my last job, but I lost that fight. I really appreciate everyone who took the time to help their brother. I hope to help others the same way in the future... I plan on updating this post as I find out more concrete information in hopes of doing just that.

[FormerMember]

When you hit the 100% P&T wall, VR&E is hesitant about expending any monies towards a Voc Rehab program into any field. I  presume your rating is a true 100% schedular rating as opposed to a TDIU equivalent. 

VA tends to insert you into the Independent Living Program and try to pawn off cordless phones, grab bars near toilets and showers, can grabbers, sock puller uppers and the like to facilitate Independence. I asked for a computer and all the peripherals in 2011 and had to fight to get it on an administrative review back to DC. I had a great reason-asknod.org. It worked. You could also say you wish to be in communication with the Veterans Community at large and the computer will facilitate that. You do not need a true "vocational" use for a computer.  I also asked for a greenhouse and finally won that on appeal to the BVA after four years.

With a 100% P&T, VA is going to be deaf to a new rehab retraining program as there is much competition for the $. On the other hand, the ILP program only has 2,700 slots per year with a max expenditure of $180,000.00 per Vet over the 3-year life span of an ILP rehab. plan. My greenhouse  ate most of that up.  Go in and file. See if they show you the door on a standard job rehab grant. If so, demand the ILP and sharpen up your pencil. How about a woodworking shop with all the saws, sanders and planers? Make wood crafts and sell them at street fairs. Read up on 38 CFR 21.16o and .162, 38 USC 3120 and 3104. I've written about one hundred blogs on the ILP subject and published all my NODs, VA 9s etc. to give Vets a feel for the path to a win. The trick is simple. Refuse to lose. Best of luck.

https://asknod.wordpress.com/category/independent-living-program/

[waccamawwild]

I agree with asknod that the Independent Living Program will be your best bet. I got 100% P&T years after I attended a VA Voc Rehab program. I don't think they will do much more for me other than try and reduce my benefit if they get a chance. I think once you are 100% P&T it is best to lay low and not make any waves. I did try hard to rehabilitate myself but my disabilities finally got the best of me.