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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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K9handler13

Vocational Rehab and 100%

Question

I was working in the TWE program. While I was in the program I was accepted to voc rehab the vr councelor said that I could not be in both programs so I withdrew from TWE upon my first appointment to vr the councelor told me that all they do is try to help with an entry level job.I stated that I was interested in schooling she told me that since I was 100% P&T for ptsd that I can't work or the VA would reduce my rating and that the vr was an employment program only and that they can not approve school or independent living, that I should have stayed in the TWE program but they as well are an employment program but that i needed an IEEP to justify my inability to adapt to working the 3 weeks that I spent on the TWE program was really making my irritability and depression worse all they had me doing was cleaning toilets and patient rooms. I have been a GM for a General Motors dealership and a VP for 2 different security companies yet I don't have a degree of any kind and upon relocating to a different state all of the local job market wants people with college background ie: bachelors to do what I was doing before I was awarded 100% seeing how both of these VA programs only help with entry level jobs I can't justify working for a minimum wage job and losing both my ssdi and VA I have never heard of the independent living program until the vr councelor mentioned it. I didn't inquire about it because she said that they didn't participate....anybody have advice please help

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Welcome to Hadit!

With you having a single 100% PTSD rating and being on SSDI, the VR counselor probably should not have placed you in the TWE program.

The ILP is managed through the VS'a VR&E program. The VR counselor really should know more about it. 

Below is a link which contains more information.

https://www.benefits.va.gov/vocrehab/independent_living.asp

 

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Your VR counselor must provide you with a direction to take this. Bump it to a supervisor.

 

Nice way to do it is to ask the Counselor if s/he can  please guide you toward the right contact for help on the ILP because you are eligible.

Edited by pwrslm

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    • By kent101
      I have been having a hard time simply getting email from my voc rehab counselor. After reminding the counselor multiple times I got the email for orientation and exploration phase. When I got the email the attached documents had errors. On the functional test document for my doctor the numbers were wrong(order went 1,2,3,5,4) and my gender was wrong. On another document a page was blank when it was supposed to have text on it.
       
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    • By WomanMarine
      In January of this year I was approved for the ILP through Voc Rehab. I had an Industrial Psychologist come to my home and visit with me for three hours. He developed a report that was then submitted to my VR counselor. My VR counselor then created several 'Request for Medical Services' Chpt 31 that were delivered, by me to my Primary.
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    • By hemipepsis5p
      Hi everyone! 

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    • By Shadow Cat
      I need some input regarding a few regs. I returned to school last fall through VR&E, but was put on an IEEP because of a diagnosis of PTSD 8 years ago and rated 100% for it. I am a senior graduating in December and have always been a 4.0 GPA student. At the end of the semester, my new case manager decided that she was not going to fund my last semester (spring 2018, that I just finished) and i ended up paying for it out of my pocket. I was also put infront of a panel who a few weeks later made a "recomendation" (read mandated) for futher evaluations, neuropsychological evaluation, anger management skills group, and mental health counseling. I asked for an admin review and was told by one supervisor that I could not have one because there was a "recomendation" and not a decision made.  The following are a few messages between the supervisor and myself. What I really need is a solid way to push the issue with the regulations. They seem to think that they are fully justified simply because the did not put it in my IEEP.
       
      In advance, Thank you.
      Bob
      leter 1
       
      February 27, 2018
      David Crosby
      Department of Veterans Affaires
      VA Regional Office
      VR&E Division
      5400 W. National Avenue
      Milwaukee, WI 53214
      Dear David Crosby,
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      ·       As a full time, college senior with a 4.0 GPA, I have more than proven my abilities to deal with a stressful environment. I should be allowed to continue my education through the VR&E program.
      ·       My enrollment in the IEEP allows for an additional semester of education as long as the second semester is not to determine academic potential, which I have more than proven. I have met each of the requirements stated except, the last 2 bullets points, because they are the responsibility of the VA and not the veteran. Please see below.
      ·       I should also be able to continue to receive my subsistence pay as indicated below in part 3, 5.
      ·       The panel has recommended that I attend a neuropsychological evaluation, anger management skills group, and mental health counseling based from a rating decision made eight years ago.
      ·       The panel did not look at my medical records from the Seattle VA PSHCS to see the counseling, anger management and neuropsychological testing that I have gone through since the rating decision and the last neuropsychological test was done in 2012 after a motor vehicle accident to assist with TBI testing. This would show my progress and that I am in a place that I do not need the recommended objectives per my mental health team in Washington state. 
      ·       Per M28R, Part IV, Section C, Chapter 3 Revised March 31, 2014, GUIDELINES FOR THE DEVELOPMENT AND ADMINISTRATION OF AN EXTENDED EVALUATION PLAN, states that:
      38 CFR 21.53 states that the achievement of a vocational goal is reasonably feasible when the following conditions are met:
      1. A vocational goal has been identified, and
      2. The Veteran’s physical and mental conditions permit training for the goal to begin within a reasonable period, and
      3. The Veteran possesses the skills to pursue the vocational goal, or VR&E will provide the training necessary to achieve the goal.
      All of the above have been met. I have an identified goal that works in conjunction with my IT back ground in disaster recovery and business continuity.
      1. Program Goal
      Per 38 CFR 21.86, the program goal for an IEEP is to determine if the achievement of a vocational goal is currently reasonably feasible. If possible, a specific occupational goal or occupational cluster and a three-digit Dictionary of Occupational Titles (DOT) code are included. However, if the VRC is utilizing a fast track IEEP, or if the goal is not clearly defined, the use of DOT code 999 is permissible.
      38 CFR Ch. I 21.35 Definitions
      (2) The term achievement of a vocational goal is reasonably feasible means the effects of the veteran’s disability (service and nonservice-connected), when considered in relation to the veteran’s circumstances does not prevent the veteran from successfully pursuing a vocational rehabilitation program and becoming gainfully employed in an occupation consistent with the veteran’s abilities, aptitudes, and interests;
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      Number of Dependents
      Full Time
      Three Quarter Time
      One Half Time
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      One Dependent
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      Two Dependents
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      Reply: 
      Dear Mr. Klement:•
      In response to your letter of 03/08/2018. You are currently in an Extended Evaluation program. You have been provided with the one semester of academic instruction which was part of your extended evaluation. 
      According to the regulations to provide a second semester, it must be part of the extended evaluation with a written request for this second week.
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      Sincerely, 
      Albert Hess
      Supervisory Vocational Rehabilitation Counselor
      My reply,
      Dear Mr. Hess,
      Thank you for your recent reply. Again, my questions have not been answered. Again, I cite the regulation for the authorization for a second semester. I m fully aware of what the regulations say, because I cited it for you and I will again. This was why I wanted an administrative review. I want the second semester put in my IEEP and Ii have supplied the justification for it. Again, your office has failed to cite a regulation that counters this regulation. Also, your last correspondence failed to address the subsistence allowance that I am eligible for because I AM IN AN IEEP! These two things should have been in my plan and need to be added.  It was these two missing items from my IEEP that give justification for an administrative review that I asked for weeks ago.
      I would like to have this semester reimbursed since I am still in an IEEP. As long as it is not for academic feasibility, which my grades have more than proven that I am not, then I am allowed to have the second semester while still in the IEEP.  Per M28R, Part IV, Section C, Chapter 3, states “… however, one additional academic term may be approved if the reason for the additional term is not solely for the purpose of determining academic potential. When considering if an additional academic term is appropriate, the VRC must:
       
            • Determine that additional diagnostic and/or evaluative services are needed
                        The panel has recommended more diagnostic testing, the psychiatric neurological meets this requirement
      • Ensure that the second academic term is authorized in conjunction with these additional diagnostic and/or evaluative services
                  This speaks for itself.
      • Address all feasibility concerns during the second academic term
                  Has not been done.
      • Submit written documentation regarding the need for additional services that specifies how the additional services will assist in the determination of feasibility
                  This is your offices job.
      • Obtain concurrence from the VR&E Officer
                  This is your offices job.
      I have more than met this requirement. I would also request my monthly subsistence be restored, with back pay, since I am still in an IEEP, I should still be receiving my monthly subsistence and I am still in school full time.
      Per 38 CFR 21.266, a Veteran participating in an extended evaluation program can receive a subsistence allowance. The allowance is paid in accordance with 38 CFR 21.260.
      A Veteran in a program of extended evaluation or an Independent Living (IL) program may be paid a subsistence allowance for full, three-quarter, or half-time participation at the rate specified for institutional training in accordance with 38 CFR 21.260. The procedures for processing an original or amended award found in M28R.V.B.8 should be followed when processing subsistence allowance for Veterans participating in an extended evaluation or IL program.
      I am asking for this to be reviewed and answered for. I cannot ask in a more direct way than this, so there is no ambiguity or reason for it to not be addressed or understood. I have met the requirements for these two items. If not, please advise why and cite your source so I can find the corresponding regulations. I do not believe there is a counter to these regulations.
      VA responce:
      Dear Mr. Klement:                                                                                                                                                   
      In response to your letter of 02/27/2018, requesting an administrative review of the Vocational Rehabilitation Panel decision.  After review of the meeting notes of 01/26/2018 it is noted that the panel did not make a decision regarding your feasibility to pursue a vocational goal. Rather the panel extended your extended evaluation for another 3 to 6 months with recommendations which needed to be accomplished prior to making that decision.  You can communicate this information to present to the panel through your case manager Rosalie Cifaldi VRC. 
      The M28R, Part Ill, Section C, Chapter 33.05 Administrative Review
      a. Definition
      An administrative review is initiated after a formal decision is made. The review provides the resolution to uphold or overturn the formal decision. It focuses on    
      •questions regarding policy and procedures, application of the laws; regulatory­ guidelines or directives.
      With the continuation of your Extended Evaluation no formal decision was made concerning your feasibility to pursue a vocational goal. Therefore no administrative review can be conducted. 

      Sincerely,
      Albert Hess
      Supervisory Vocational Rehabilitation Counselor
      My reply:
       
      Dear Mr. Hess,
      Thank you for your recent reply. Again, my questions have not been answered. Again, I cite the regulation for the authorization for a second semester. I m fully aware of what the regulations say, because I cited it for you and I will again. This was why I wanted an administrative review. I want the second semester put in my IEEP and Ii have supplied the justification for it. Again, your office has failed to cite a regulation that counters this regulation. Also, your last correspondence failed to address the subsistence allowance that I am eligible for because I AM IN AN IEEP! These two things should have been in my plan and need to be added.  It was these two missing items from my IEEP that give justification for an administrative review that I asked for weeks ago.
      I would like to have this semester reimbursed since I am still in an IEEP. As long as it is not for academic feasibility, which my grades have more than proven that I am not, then I am allowed to have the second semester while still in the IEEP.  Per M28R, Part IV, Section C, Chapter 3, states “… however, one additional academic term may be approved if the reason for the additional term is not solely for the purpose of determining academic potential. When considering if an additional academic term is appropriate, the VRC must:
       
            • Determine that additional diagnostic and/or evaluative services are needed
                        The panel has recommended more diagnostic testing, the psychiatric neurological meets this requirement
      • Ensure that the second academic term is authorized in conjunction with these additional diagnostic and/or evaluative services
                  This speaks for itself.
      • Address all feasibility concerns during the second academic term
                  Has not been done.
      • Submit written documentation regarding the need for additional services that specifies how the additional services will assist in the determination of feasibility
                  This is your offices job.
      • Obtain concurrence from the VR&E Officer
                  This is your offices job.
      I have more than met this requirement. I would also request my monthly subsistence be restored, with back pay, since I am still in an IEEP, I should still be receiving my monthly subsistence and I am still in school full time.
      Per 38 CFR 21.266, a Veteran participating in an extended evaluation program can receive a subsistence allowance. The allowance is paid in accordance with 38 CFR 21.260.
      A Veteran in a program of extended evaluation or an Independent Living (IL) program may be paid a subsistence allowance for full, three-quarter, or half-time participation at the rate specified for institutional training in accordance with 38 CFR 21.260. The procedures for processing an original or amended award found in M28R.V.B.8 should be followed when processing subsistence allowance for Veterans participating in an extended evaluation or IL program.
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      Sincerely,
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      Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.


      Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.


      Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.


      Leading to:

      Post clear questions and then give background info on them.

      Examples:

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      I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?



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      Note:

      Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

      This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.
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    • A favor please - just changed servers so if you have a moment...
      A favor please - just changed servers so if you have a moment go to https://www.hadit.com I'd like to see how the server handles a lot of traffic. So if you have a moment click the link and i can see how things are going on the back end.
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    • It's time to ask for help from the community. If you can help with a gift it would be very appreciated.

      Fund HadIt.com Veteran to Veteran LLC


      Give a financial gift to help with the upkeep of HadIt.com. HadIt.com is NOT a non profit. Gifts are not tax deductible, they are just gifts. 
      • 11 replies
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