Vocational Rehabilitation and Employment: Chapter 31

Transcription

1 Vocational Rehabilitation and Employment: Chapter 31 VETERANS BENEFITS WACRAO Veteran Certifying Official Workshop ADMINISTRATION June 2014

2 VR&E-Chapter 31 Mission Chapter 31 is intended to assist Veterans and transitioning Service Members who have service-connected disabilities and conditions: In transition through services to support transition back to civilian life At work through services resulting in suitable employment On campus through services to support them during education and training At home and in their communities through services to maximize independence in daily living 1

3 VR&E Eligibility and Entitlement Eligibility: Once a Veteran or Service Member is deemed eligible to apply for Chapter 31 benefits, they are scheduled for an initial evaluation. If found not eligible, Veteran will be informed and provided due process notification. Entitlement: Following the initial evaluation, it will be determined if Veteran meets criteria for entitlement to services. If found not-entitled, Veteran will be referred to other resources and provided due process notification. If determined entitled: begin to explore service options. Employment Handicap Serious Employment Handicap Achievement of a Vocational Goal Currently Reasonably Feasible Track Selection (Five Tracks to VetSuccess) 2

4 Eligibility: Service Members To receive an evaluation for Vocational Rehabilitation & Employment (VR&E) benefits, a Service Member must: Have a VA memorandum rating of 20% or more, or Have a proposed disability rating (IDES) of 10% or more, or Qualify under NDAA (National Defense Authorization Act), PL (02/10/2012 to 12/31/2014); and Expect to receive an Honorable Discharge and Apply for VR&E services (VA Form or apply online To receive an educational/vocational evaluation only, Service Members may apply for Educational/Vocational Counseling: Chapter 36 (VA Form ) within 6 months of discharge 3

5 Eligibility: Veterans Honorable or Other than Honorable Discharge A final VA service-connected disability rating of 10 percent or more; or VA memorandum rating of 10 percent Apply for Vocational Rehabilitation and Employment services (VA Form or ) To receive an educational/vocational evaluation only, Veterans may apply for Educational/Vocational Counseling: Chapter 36 (VA Form ) within one year post-discharge or during entitlement period for a VA Education benefit. 4

6 Entitlement Determination Employment Handicap: Impairment of one s ability to prepare for, obtain, or maintain suitable employment. Service-connected disability must contribute to this impairment in a way that is identifiable, observable, or measureable. Serious Employment Handicap: Significant impairment of one s ability to prepare for, obtain, or maintain suitable employment, based on a number of factors, including, but not limited to: neuropsychiatric conditions, AODA issues, reliance on government support programs, criminal history. 5

7 Entitlement Information Maximum of 48 months of entitlement May be utilized within 12 years from the date of initial compensable VA disability rating notification, or date of separation from active duty-if using VR&E services at the time of separation Exceptions for Veterans with Serious Employment Handicaps (S.E.H.) Determination of this is made during the evaluation by the Vocational Rehabilitation Counselor. Veterans beyond 12-year timeline or with 10% disability rating must be found to have a S.E.H. in order to be entitled. 6

8 National Defense Authorization Act (NDAA) under Public Law and the Vow to Hire Heroes Act of 2011 (VOW) under Public Law NDAA established that Service Members who incur a serious illness or injury that may render them unable to perform their military duties are entitled to vocational rehabilitation services under Chapter 31. VOW extended the expiration of NDAA to December 31, Service connected disability rating and determination of employment handicap are not required. Service Members are automatically entitled to Chapter 31 VR&E benefits, upon receipt of a completed VA Form and attendance at the first VR&E appointment if: Currently enrolled in the Integrated Disability Evaluation System (IDES) Referred to Physical Evaluation Board (PEB) Participating in Education and Employment Initiative (E2I), or Referred with completed Military Service Status Referral Once the case is closed, the individual must reapply and meet the criteria for entitlement in place at the time of the new application. 7

9 Services Offered All Applicants: Comprehensive Vocational Assessment If Entitled: Veterans and Service Members who only want an assessment to help them determine how to best use their VA Education benefits, or who don t have a service-connected disability rating to qualify for Chapter 31 VR&E benefits, should apply for Educational/Vocational Counseling-Chapter 36 (VA Form ) Employment Assistance Medical Referrals Independent Living Services Veterans or Service Members can request paper applications by contacting the local regional office or calling (800)

10 Five-Tracks to VetSuccess Re-employment Rapid Access to Employment Self-Employment Employment through Long-Term Services Independent Living 9

11 Re-employment For individuals separating from active duty, National Guard, or Reserves. Services are focused on returning to previous employers and may include: Job accommodations Job modifications Work adjustment assistance Consultation with employer Personalized case management support 10

12 Rapid Access to Employment For individuals seeking employment: Soon after separation, or Who already have the necessary skills to be competitive in the job market Services may include: Resume writing Interview skills training Job accommodations Refresher courses Licensure and certification Job search assistance Employment adjustment services Personalized case management services Special Employer Incentive (Effective January 2012) 11

13 Employment Through Long-Term Services For individuals needing specialized training and/or education to obtain and maintain suitable employment Services may include: Apprenticeships and Internships On-the-Job training (OJT) Non-paid Work Experience (NPWE) Higher education or vocational training Tuition/fees/books/tools/supplies Tutoring Subsistence Allowance Personalized case management support 12

14 Self-employment For individuals who, because of their disabilities: Have limited access to traditional employment Need flexible work schedules, or Need a more accommodating work environment Services may include: Analysis of viability of business concept Assistance with development of a business plan Training in small business operations Guidance on obtaining adequate resources (marketing, finance, etc.) Personalized case management support 13

15 Independent Living For individuals who are not able to work at the current time and need rehabilitation services to live more independently Services may include: Comprehensive in-home assessment Assistive technology Independent Living skills training Connection to community-based support services Coordination with VA s Specially Adapted Housing (SAH) program and/or VA s Home Improvement Structure Assistance (HISA) program Personalized case management services 14

16 Subsistence Allowance Paid to Veterans enrolled at least ½ time in a training program (college, OJT, etc.). Service Members do not receive subsistence allowance. SA amount is based on rate of enrollment (FT, ¾, or ½ time) and number of dependents October 1, 2017: A Veteran with no dependents who is attending school FT receives $ per month. Rate normally increases a small percentage each October 1. 15

17 Employment Adjustment Allowance (EAA) Veterans who have progressed through training, have been determined rehabilitated to the point of employability, and moved into job ready status may be entitled to EAA. Veteran must satisfactorily participate in planned employment services for at least 30 days before a payment of EAA may be authorized. Documented job search or Suitable employment is obtained/maintained Paid at the rate equivalent to one month of full-time subsistence allowance. Up to 2 months of EAA may be authorized. EAA is always authorized and paid in arrears after the VRC has verified the Veteran is entitled to receive the payment. 16

18 Changes to VR&E Subsistence August 1, 2011: Interval pay is no longer authorized for any VA education benefits this includes VR&E. August 1, 2011: Veteran can elect to receive subsistence payment at a rate similar to Chapter 33 Basic Allowance for Housing (BAH), called the Post 9/11 Subsistence Allowance (P9/11SA) rate, if he/she: is eligible to receive Chapter 33 Post 9/11 GI Bill, and has at least one day of remaining entitlement to Chapter 33 Entitlement to Ch. 33 is not reduced WHILE pursuing Ch. 31. However, upon any re-election or change of benefit election, the amount of remaining entitlement will be updated. 17

19 Changes to VR&E Subsistence continued Unlike Ch. 33, the P9/11SA rate is not pro-rated based on length of service. All eligible Veterans receive 100% rate. Use rate of E-5 with dependents for zip code of primary training facility to determine payment rate of full-time attendance Payment amount is prorated based on rate of enrollment (FT, ¾, and ½ time rates) Online or foreign training is paid ½ of the national average BAH rate and then prorated based on rate of enrollment. EAA can also be paid at the P9/11SA rate if this is the rate the Veteran was last paid at (based last subsistence award) 18

20 Special Employer Incentives (SEI) The purpose of SEI is to facilitate the placement of Veterans who are generally qualified for employment but may lack some specific training or work experience which the employer requires or who are difficult to place due to their disability. Allows VR&E to offer financial benefit to employers who hire certain Veterans participating in the VR&E program. The Veteran must be determined qualified by VR&E to be in need of an onthe-job training situation or generally qualified for employment but such onthe-job situation or employment opportunity is not otherwise available despite repeated and intensive efforts on the part of VA and the Veteran to secure such opportunities. November 21, 2011: SEI may be offered for Veterans who are receiving solely employment services from VR&E (expanded beyond those who have completed training under VR&E). The Veteran may receive EAA if the criteria are met. 19

21 Revolving Fund Loan The Revolving Fund Loan (RFL) may be authorized to provide advances to Veterans who would otherwise be unable to begin or continue in a rehabilitation program without such assistance. Non-interest loan repaid at the minimum rate of 10% of loan amount per month, deducted from subsistence or disability compensation payments. Must be in $10 increments. Maximum of twice the full-time subsistence rate for a Veteran with no dependents (currently approx. $1180). Station dollar limits and other regulatory limits apply 20

22 Other Services Provided Chapter 18: Vocational training and rehabilitation benefits for children born with Spina Bifida of certain Veterans who served in Vietnam or Korea Chapter 35 : Educational counseling for children and widows/spouses of Veterans who have a permanent and total service connected disability Chapter 36: Educational/vocational counseling for Individuals who are: Within six months prior to discharge from active duty, or Within one year following discharge from active duty Eligible for entitlement to other VA education benefits (Chapters 30, 32, 33, 1606 and 1607) 21

23 Questions? What questions do you have?