WIXLIB

Initial EvaluationEmployment Handicap SCdisabilities contribute in substantial part tothe overall impairment SCdisability(ies) need not be the sole cause ofthe vocational impairment, but must contributein more than a trivial or technical manner NSCdisabilities may compound the effects of SCdisabilities, but may not be the sole basis ofentitlement to VR&E services 2020 National Veterans Legal Services Program. All Rights Reserved. www.nvlsp.org30

Initial EvaluationVRC determines: WhetherVet has an employment handicap; WhetherVet has a serious employmenthandicap; and Whetherthe achievement of a vocationalgoal is reasonably feasible 2020 National Veterans Legal Services Program. All Rights Reserved. www.nvlsp.org31

Initial EvaluationSerious Employment Handicap Significant Vocational Impairment Significant impairment of the ability to prepare for, obtain, or keepemployment in an occupation consistent with abilities, aptitudes,and interestsEffects of Significant Impairment not overcome Is not employed, or does not qualify for employment, in anoccupation consistent with abilities, aptitudes, and interests Includes Vet who qualifies for a suitable job, but who does notobtain or keep the job for reasons beyond Vet’s controlSC disabilities contribute in substantial part to the overallimpairment SC disability(ies) have an identifiable, measurable, or observablecausative effect on the overall vocational impairment, but need notbe the sole or primary cause of the employment handicap 2020 National Veterans Legal Services Program. All Rights Reserved. www.nvlsp.org32

Initial EvaluationSerious Employment Handicap Significant Vocational Impairment Number/severity of disabling conditions Existence of a neuropsychiatric condition Deficiencies in education and training for suitable employment Number, length, and frequency of periods of unemployment orunderemployment A pattern of reliance on gov’t support programs, includingwelfare, VA comp, worker’s comp, or Social Security disability Extent/complexity of services and assistance needed toachieve rehabilitation Withdrawal from society Other factors relating to preparing for orobtaining/maintaining employment 2020 National Veterans Legal Services Program. All Rights Reserved. www.nvlsp.org33

Initial EvaluationSerious Employment Handicap Additional Benefits Possibleextension of 12-year period of basic eligibility Possibleextension of duration of a rehabilitation programbeyond 48 months, if required to complete the program Extended Possibleevaluation servicesindependent living services Moreextensive supplies and services if approved topursue self-employment 2020 National Veterans Legal Services Program. All Rights Reserved. www.nvlsp.org34

Initial EvaluationVRC determines: WhetherVet has an employment handicap; WhetherVet has a serious employmenthandicap; and Whetherthe achievement of a vocationalgoal is reasonably feasible 2020 National Veterans Legal Services Program. All Rights Reserved. www.nvlsp.org35

Initial EvaluationFeasibility of a Vocational Goal Achievement of a vocational goal is reasonablyfeasible if: Oneor more vocational goals have been identified; Vet’sphysical and mental conditions permit trainingfor the goal(s) to begin within a reasonable period;and Veteither has the educational skills and backgroundto pursue the goal(s) or will receive services throughVA to develop these skills as part of a rehabilitationprogram 2020 National Veterans Legal Services Program. All Rights Reserved. www.nvlsp.org36

Initial EvaluationFeasibility of a Vocational Goal Vocational exploration assists Vet in selecting asuitable vocational objective that is consistent withVet’s abilities, aptitudes, and interests, and doesnot aggravate Vet’s disability(ies) Identifiestransferable skills, previous training, orexperience Goalis to help the Vet make an informed choice 2020 National Veterans Legal Services Program. All Rights Reserved. www.nvlsp.org37

Initial EvaluationFeasibility of a Vocational GoalVRC determines thatachievement of a vocationalgoal is reasonably feasibleProceed toplanning/development of aviable vocational goal 2020 National Veterans Legal Services Program. All Rights Reserved. www.nvlsp.org38

Initial EvaluationFeasibility of a Vocational GoalVet is not entitled to VR&Eservices and notified ofdecision in writingVRC determines thatachievement of a vocationalgoal is NOT reasonablyfeasibleEvaluate Vet forIndependent Living Services 2020 National Veterans Legal Services Program. All Rights Reserved. www.nvlsp.org39

Initial EvaluationFeasibility of a Vocational GoalVet is not entitled to VR&Eservices and notified ofdecision in writingVRC determines thatachievement of a vocationalgoal cannot be determinedProceed with rehabilitationprocess and develop anIndividualized ExtendedEvaluation Plan 2020 National Veterans Legal Services Program. All Rights Reserved. www.nvlsp.org40

Extended Evaluation Goal is to determine the feasibility of Vet achieving avocational goal when decision cannot be made on the basisof information developed during initial evaluation Services may include: Diagnostic and evaluative services Services to improve ability to attain a vocational goal Services to improve ability to live and function independentlyin the community Monthly subsistence allowance during period of extendedevaluationDetermination of the reasonable feasibility of achieving avocational goal will be made at the earliest time possibleduring an extended evaluation Reasonable doubt will be resolved in Vet's favor 2020 National Veterans Legal Services Program. All Rights Reserved. www.nvlsp.org41

PLANNING 2020 National Veterans Legal Services Program. All Rights Reserved. www.nvlsp.org42

Rehabilitation Plan Development Structures individualized services that will enableVet to obtain and maintain suitable employment Plan development includes outlining servicesneeded to accomplish the goal of the rehabilitationplan Counseling services must be included in every plan Additional services may include medical, social,independent living, economic, educational,vocational, and employment services 2020 National Veterans Legal Services Program. All Rights Reserved. www.nvlsp.org43

Rehabilitation Plan DevelopmentRoles and Responsibilities Vet must actively participate in the development ofthe plan and agree to the plan before services canbe provided VRC guides Vet in the selection of an appropriaterehabilitation goal AssistVet in making informed decisions on an appropriategoal based on Vet’s functional abilities, interests, andaptitudes Outlinesteps needed to achieve the program goal AssistVet in understanding the labor market to ensurethat the chosen goal is suitable and viable 2020 National Veterans Legal Services Program. All Rights Reserved. www.nvlsp.org44

Duration of VocationalRehabilitationA V&RE program may not exceed 48months (or its equivalent when pursuedon a part-time basis) 2020 National Veterans Legal Services Program. All Rights Reserved. www.nvlsp.org45

Duration of VocationalRehabilitation Exceptions (Employment Handicap): Vetpreviously completed VR&E program, but SCdisability has worsened to the point that Vet isunable to perform the duties of the occupation anda period of training in the same or a different field isrequired Theoccupation in which Vet previously completedtraining is found to be unsuitable because of theVet’s abilities and employment handicap Theassistance to be provided in excess of 48 monthsconsists only of a period of employment assistance 2020 National Veterans Legal Services Program. All Rights Reserved. www.nvlsp.org46

Duration of VocationalRehabilitation Exceptions (Serious Employment Handicap): Toenable Vet to complete a period of rehabilitationto the point of employability Toprovide an extended evaluation in cases in whichthe total period needed for an extended evaluationand for rehabilitation to the point of employabilitywould exceed 48 months Toprovide a program of independent living services,including cases in which achievement of a vocationalgoal becomes feasible during or following a programof independent living services 2020 National Veterans Legal Services Program. All Rights Reserved. www.nvlsp.org47

Duration of VocationalRehabilitation Exceptions (Serious Employment Handicap): Followingrehabilitation to the point of employability: Vethas been unable to secure employment in the occupation forwhich training has been provided, despite intensive efforts onthe part of VA and Vet, and a period of retraining or additionaltraining is needed Theskills which Vet developed in training for an occupation inwhich Vet was employed are no longer adequate to maintainemployment in that field and a period of retraining is needed Vet’sSC disability has worsened to the point that Vet is unable toperform the duties of the occupation and a period of training inthe same or different field is required Occupationin which Vet previously completed training is foundto be unsuitable due to Vet's abilities and employment handicap 2020 National Veterans Legal Services Program. All Rights Reserved. www.nvlsp.org48

Rehabilitation Plan DevelopmentFive Tracks to Employment Emphasizes exploring employment options earlyin the rehabilitation planning process Leads to greater informed choice for Vetregarding occupational and employment options Provides faster access to employment for Vetswho have identifiable and transferable skills fordirect placement into suitable employment Provides an option for Vets who are not able towork, but need assistance to lead a moreindependent life 2020 National Veterans Legal Services Program. All Rights Reserved. www.nvlsp.org49

Rehabilitation Plan DevelopmentFive Tracks to Employment1.Re-Employment2.Rapid Access to Employment3.Employment Through Long-Term Services4.Self-Employment5.Independent Living 2020 National Veterans Legal Services Program. All Rights Reserved. www.nvlsp.org50

Rehabilitation Plan DevelopmentRe-Employment Targeted to Vets separating from active duty andreturning to previous employer Services include: Jobabilities or special needs/accommodation assessment Short-termtraining/certification Recommendationand provision of assistive technologies Medical/psychological Worktreatment referralsadjustment assistance Consultationwith employer 2020 National Veterans Legal Services Program. All Rights Reserved. www.nvlsp.org51

Rehabilitation Plan DevelopmentRapid Access to Employment Targeted to Vets seeking employment as soon aspossible and who possess the necessary skills toqualify for employment in a suitable career Services include: Jobskills assessment Short-termtraining/certification Employmentreadiness preparation (resume writing,interview skills training) Assisted Careerjob search, use of specialized career centerscounseling Medical/psychologicaltreatment referrals 2020 National Veterans Legal Services Program. All Rights Reserved. www.nvlsp.org52

Rehabilitation Plan DevelopmentEmployment Through Long-Term Services Targeted to Vets needing remedial/refresher courses,specialized training, post-secondary education Services include: Vocational assessment, specialized testing/evaluation Career guidance, labor market analysis Medical/psychological treatment referrals Training/education (tuition, fees, books, tools, supplies) Employment assistance Post-employment follow-up and evaluation Apprenticeships On-the-job training Non-paid work experience Subsistence allowance 2020 National Veterans Legal Services Program. All Rights Reserved. www.nvlsp.org53

Rehabilitation Plan DevelopmentSelf-Employment Targeted to Vets who have limited access totraditional employment, need flexible workschedules, or need a more accommodating workenvironment due to their disabling conditions orother life circumstances Vets must have the interest, financial resources,and aptitude to pursue self-employment Services are determined by the severity of thedisability and limitations to employability 2020 National Veterans Legal Services Program. All Rights Reserved. www.nvlsp.org54

Rehabilitation Plan DevelopmentIndependent Living Targeted to Vets where pursuit of a vocational goal is notreasonably feasible due to the effects of disability, andservices are needed to improve independence in dailyliving Services include: Independent living needs assessment Housing referral assistance Home health aide Transportation Assistive technology Independent living skills training Follow-up to consider employment services and/orredevelopment of a vocational goal 2020 National Veterans Legal Services Program. All Rights Reserved. www.nvlsp.org55

Individualized Written RehabilitationPlan (IWRP)Purposes Identify program goals and objectives to beachieved by Vet during the period ofrehabilitation services that will lead to the pointof employability Plan for placement of Vet in the field for whichtraining and other services will be provided Specify the key services needed by Vet toachieve the goals and objectives of the plan 2020 National Veterans Legal Services Program. All Rights Reserved. www.nvlsp.org56

Individualized Written RehabilitationPlan (IWRP)Elements of the IWRP Astatement of long-range rehabilitation goals,including, at a minimum: Onevocational goal for a Vet with anemployment handicap; or Onevocational goal and, if applicable, oneindependent living goal for a Vet with a seriousemployment handicap 2020 National Veterans Legal Services Program. All Rights Reserved. www.nvlsp.org57

Individualized Written RehabilitationPlan (IWRP)Elements of the IWRP Intermediate objectives: statements ofachievement expected of Vet to attain long-rangegoal Activityrelates to achievement of the goal Activityis definable in terms of observable behavior(e.g., pursuing a B.A. degree) Activityhas a projected completion date Outcomedesired upon completion is measurable (e.g.,receiving a B.A. degree) 2020 National Veterans Legal Services Program. All Rights Reserved. www.nvlsp.org58

Individualized Written RehabilitationPlan (IWRP)Elements of the IWRP The specific services to be provided by VA,including counseling services. The projected starting and completion dates ofthe planned services and the duration of eachservice. Objective criteria and an evaluation procedureand schedule for determining whether theobjectives and goals are being achieved 2020 National Veterans Legal Services Program. All Rights Reserved. www.nvlsp.org59

EDUCATION ANDVOCATIONAL TRAINING 2020 National Veterans Legal Services Program. All Rights Reserved. www.nvlsp.org60

Educational andVocational Training VA will generally select courses of study andtraining, completion of which usually results in adiploma, certificate, degree, qualification forlicensure, or employment If such courses are not available in the area inwhich Vet resides, or if they are available but notaccessible to Vet, other arrangements may bemade, including: Relocationof Vet to another area in which necessaryservices are available, or Useof an individual instructor to provide necessarytraining 2020 National Veterans Legal Services Program. All Rights Reserved. www.nvlsp.org61

Educational andVocational Training Only schools and courses approved by VA may beutilized to provide training and rehabilitationservices Most approved post-secondary schools have a VAliaison to assist Vet in completing reportingrequirements Generally, the school must: Agreeto cooperate with VA; and Providetimely and accurate info covering the Vet'sattendance, performance, and progress in training 2020 National Veterans Legal Services Program. All Rights Reserved. www.nvlsp.org62

Educational andVocational TrainingOn-the-Job Training Pursued toward a specified vocational objective,provided by a training establishment Trainee learns, in the course of work performedunder supervision, primarily by receiving formalinstruction, observing practical demonstration ofwork tasks, and assisting in those tasks Productive work should gradually increase withgreater independence from formal instruction asthe course progresses 2020 National Veterans Legal Services Program. All Rights Reserved. www.nvlsp.org63

Educational andVocational TrainingTutorial Assistance Vet may be provided individualized tutorialassistance if VA determines that special assistancebeyond that ordinarily given by the facility tostudents pursuing the same or a similar subject isneeded to correct a deficiency in a subject 2020 National Veterans Legal Services Program. All Rights Reserved. www.nvlsp.org64

EMPLOYMENTSERVICES 2020 National Veterans Legal Services Program. All Rights Reserved. www.nvlsp.org65

Employment servicesVet may be entitled to employment services if Vet: Completeda program of VR&E services and declaredrehabilitated to the point of employability Notcompleted a rehabilitation period to the point ofemployability, but elected to secure employment withoutcompleting the period of rehabilitation to the point ofemployability and is employable Never Isreceived services for rehabilitation and:employable or employed in a suitable occupation; Hasan employment handicap or serious employment handicap; and Needsemployment services to secure and/or maintain suitableemployment 2020 National Veterans Legal Services Program. All Rights Reserved. www.nvlsp.org66

Employment ServicesIndividualized Employment Assistance Plan (IEAP) Assures that a comprehensive, thoughtful approachis taken to enable Vets to secure suitableemployment Prepared either as part of an IWRP or when Vet iseligible for employment services only Follows the same structure as the IWRP andincludes utilization of community resources toenable Vet to secure and maintain employment 2020 National Veterans Legal Services Program. All Rights Reserved. www.nvlsp.org67

Employment ServicesJob Development and Placement Services Direct placement assistance by VA w/in a network thatinvolves employers, employees, and service providers

File a formal application: VA Form 23-1900, Disabled Veterans Application for Vocational Rehabilitation Informal Claim: Any communication or action indicating intent to apply for VR&E services from a Vet, representative, or Member of Congress Upon receipt, VA must send formal application If formal application received by VA w/in 1 year from