Voc Rehab & Employment (VR&E) & Ch 31 for Med School

How to Apply to Vocational Rehabilitation & Employment and Use Chapter 31 Benefits Towards Medical

Disclaimer: These are the views of the S2S HCP team and do not reflect official guidance on how to navigate DoD, VA, or U.S. Government benefits. This does not guarantee that you will be picked up for Chapter 31 VR&E benefits but is meant to serve as a guide and overview to get familiar with the process and best set yourself up for success.

First, look over this instruction until you know it well.

Here are some highlights:

Entitlement

§ 21.40 Basic entitlement to vocational rehabilitation benefits and services.

An individual meets the basic entitlement criteria for vocational rehabilitation benefits and services under this subpart if VA determines that he or she meets the requirements of paragraph (a), (b), (c), or (d) of this section. For other requirements affecting the provision of vocational rehabilitation benefits and services, see §§ 21.41 through 21.46 (period of eligibility), § 21.53 (reasonable feasibility of achieving a vocational goal), and §§ 21.70 through 21.79 (months of entitlement).

(a) Veterans with at least 20 percent disability. The individual is a veteran who meets all of the following criteria:

(1) Has a service-connected disability or combination of disabilities rated 20 percent or more under 38 U.S.C. chapter 11.

(2) Incurred or aggravated the disability or disabilities in active military, naval, or air service on or after September 16, 1940.

(3) Is determined by VA to be in need of rehabilitation because of an employment handicap.

(b) Veterans with 10 percent disability. The individual is a veteran who meets all of the following criteria:

(1) Has a service-connected disability or combination of disabilities rated less than 20 percent under 38 U.S.C. chapter 11.

(2) Incurred or aggravated the disability or disabilities in active military, naval, or air service on or after September 16, 1940.

(3) Is determined by VA to be in need of rehabilitation because of a serious employment handicap.

(c) Servicemembers awaiting discharge. The individual is a servicemember who, while waiting for discharge from the active military, naval, or air service, is hospitalized, or receiving outpatient medical care, services, or treatment, for a disability that VA will likely determine to be service-connected. In addition, VA must have determined that:

(1) The hospital or other medical facility providing the hospitalization, care, service, or treatment is doing so under contract or agreement with the Secretary concerned, or is under the jurisdiction of the Secretary of Veterans Affairs or the Secretary concerned;

(2) The individual is in need of rehabilitation because of an employment handicap; and

(3) The individual has a disability or combination or disabilities that will likely be:

(i) At least 10 percent compensable under 38 U.S.C. chapter 11 and he or she originally applied for assistance under 38 U.S.C. chapter 31 after March 31, 1981, and before November 1, 1990; or

(ii) At least 20 percent compensable under 38 U.S.C. chapter 11 and he or she originally applied for assistance under 38 U.S.C. chapter 31 on or after November 1, 1990.

(d) Exception for veterans who first applied after March 31, 1981, and before November 1, 1990. The individual is a veteran who:

(1) Has a service-connected disability or combination of disabilities rated less than 20 percent under 38 U.S.C. chapter 11;

(2) Originally applied for assistance under 38 U.S.C. chapter 31 after March 31, 1981, and before November 1, 1990; and

(3) Is determined by VA to be in need of rehabilitation because of an employment handicap.

(Authority: 38 U.S.C. ch. 11, 3102, 3103, 3106; sec. 8021(b), Pub. L. 101–508, 104 Stat. 1388–347; sec. 404(b), Pub. L. 102–568, 106 Stat. 4338, as amended by sec. 602, Pub. L. 103–446, 108 Stat. 4671)

[75 FR 3164, Jan. 20, 2010]

Periods of Eligibility

§ 21.41 Basic period of eligibility.

(a) Time limit for eligibility to receive vocational rehabilitation. (1) For purposes of §§ 21.41 through 21.46, the term basic period of eligibility means the 12-year period beginning on the date of a veteran's discharge or release from his or her last period of active military, naval, or air service, and ending on the date that is 12 years from the veteran's discharge or release date, but the beginning date may be deferred or the ending date extended under the sections referred to in paragraph (b) of this section. (See §§ 21.70 through 21.79 concerning duration of rehabilitation programs.)

(2) Except as provided in paragraph (b) or (c) of this section, the period during which an individual may receive a program of vocational rehabilitation benefits and services under 38 U.S.C. chapter 31 is limited to his or her basic period of eligibility.

(b) Deferral and extension of the basic period of eligibility. VA may defer the beginning date of a veteran's basic period of eligibility under § 21.42. VA may extend the ending date of a veteran's basic period of eligibility under § 21.42 (extension due to medical condition); § 21.44 (extension for a veteran with a serious employment handicap), § 21.45 (extension during a program of independent living services and assistance), and § 21.46 (extension for a veteran recalled to active duty).

(Authority: 38 U.S.C. 3103)

(c) Servicemember entitled to vocational rehabilitation services and assistance before discharge. The basic period of eligibility for a servicemember who is entitled to vocational rehabilitation services and assistance under 38 U.S.C. chapter 31 for a period before discharge does not run while the servicemember remains on active duty, but begins on the date of discharge from the active military, naval, or air service. The period of eligibility requirements of this section are not applicable to provision of vocational rehabilitation services and assistance under chapter 31 during active duty.

(Authority: 38 U.S.C. 3102, 3103)

[75 FR 3166, Jan. 20, 2010]

Get really familiar with this regulation. You are going to need to base your argument almost entirely on the verbiage throughout. Any sort of emotional appeal will not work. This lady has a YouTube page dedicated to VR&E. Start at the first video and go through them as you feel they apply to you or just general interest.

She also has a website, where she has general scripts to use/reference as it fits for you. Things you should get now to strengthen your position during your interview:

• A copy of your military profile/notes that outlines your service-connected disabilities (SCD) and associated limitations

• A letter from your VA physician or whomever you go to for primary care; have them write a letter for you supporting that your previous training and career exacerbates your SCDs and the employment you’re seeking is better suited for you

• Prepare a labor market review (show that a demand exists for the employment you're pursuing; print off a few job postings from the field that support your need for employment through long term services aka school; any stats that show people in the type of program you're pursuing are successful in terms of graduation and job placement)

Emphasize how VR&E helps you find employment Be prepared to discuss your SCDs and how they undermine your capability to seek suitable employment in what you did before.

REMEMBER TO FRAME EVERYTHING IN TERMS OF EMPLOYMENT!!! This is an employment program, not school. This is the MOST important thing.

Sample Scripts

Here is an example script:

“I am here today hoping to receive support through the VR&E program and use the track “employment through long term services” to overcome my barrier to employment and acquire suitable employment. I have an employment handicap, which undermines my ability to seek suitable employment on multiple accounts; my vocational impairments include: physical limitations, chronic pain, and educational deficiencies.

Physical/Chronic pain:

I received an ___% service-connected disability rating with ongoing pain and worsening conditions in my ________.

In the military, I worked as a ____, which required the manipulation and movement of _______ machines, and other heavy machinery and military vehicles. This position included _____, involving the carrying of _______ equipment as well as ________ materials. These tasks place heavy loads on my _________, exacerbating my SCDs and preventing me from maintaining stable and continuous employment. (Acknowledge profile and doctor’s note here, if applicable. Ensure you cater your reasoning to your specific SCDs.)

Educational:

Due to having a _____ degree there are very limited occupations that not only overlap with my background, but are also consistent with my interests, aptitudes, and measured/demonstrated abilities. Additionally, they all require more education than I currently possess. Energy, Defense, MD job posting examples. (If applicable) I was not even qualified for my job in the military. I was given a waiver to do the job, because they needed personnel.

Because I am currently not prepared or qualified for employment in a suitable occupation, I have not overcome the effects of my impairment.

Receiving support for employment through long term services to obtain a medical degree and work as a medical doctor is consistent with what the DoD has trained me to do up to this point and aligned with my interests. Graduating from ______ as well as receiving acceptance to attend the _______ School of Medicine demonstrates both my ability and aptitude to be employed as a medical doctor.

VA support for employment through medical school would place me in a field with a dire need and a high success rate of suitable employment. According to data published by the AAMC (Association of American Medical Colleges), the United States could see an estimated shortage of between 37,800 and 124,000 physicians by 2034.

Overall, roughly 81.6 to 84.3 percent of four-year medical program students graduate, Association of American Medical Colleges (AAMC). Since 2014, _____ School of Medicine MD students have graduation and placement/employment rates of 97% or higher. This demonstrates the feasibility of achieving this vocational goal.”

Also... They are not going to tell you to do this until they find you entitled, but just go ahead and knock this out: https://www.va.gov/careers-employment/careerscope-skills-assessment/

Most important things to do are demonstrate you understand what an employment handicap and suitable employment are and articulate how you and your preferred employment meet those eligibility requirements. It is recommended to be comfortable enough with your script to discuss it without looking at your notes and be able to ad lib as necessary. My interview started with my counselor asking me what I knew about the program. I replied with a general description, but emphasized that it is an employment program. She then asked why I was here and I just monopolized the time from the open-ended question. I spoke about my disabilities and went through my script and a little more. I would have the necessary resources ready to go from the beginning to support your claim.

Additional Resources

Some additional video resources that will be helpful:

VA Chapter 31 Benefits: The Vocational Rehabilitation and Employment Program

What's it like being in a VR&E Program? Military to Civilian Transition Talk

Vocational Rehabilitation & Employment (VR&E) | Transition Talk

VR&E Eligibility and Application Process | Military to Civilian Transition Talk

Here are the regulations again (from the VA website): https://www.benefits.va.gov/WARMS/docs/admin28/M28R/Part_IV/M28R_IV_B_2.pdf

M28R Part IV, Section B, Chapter 2.11 Discusses what is an Employment Handicap, the parameters around employment you are entitled to, as well potential impairment factors

https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/loca le/en-US/portal/554400000001018/content/554400000149945/M28C.V.B.1-Fiscal-Responsibiliti es#a%201.02

M28C Part V, Section B, Chapter 1

Discusses program costs and the appropriate levels needed to approve what you need

If you are picked up for VR&E and have additional insight to share based on your individual experience, please reach out so that we can update this document. Also, word to the wise: Ensure your school certifies you for the CORRECT BENEFIT. If you are deemed eligible and you are ALSO eligible for Chapter 33 Post 9/11 GI Bill, ensure that your School Certifying Official (SCO) does not mess this up. It happened to me and it can happen to you, in which case it will be a headache. Your counselor should be on top of all of this, but there have been many issues with this in the past, so proceed with caution when dealing with your school’s SCO.

Please reach out to the S2S Healthcare Professionals Team at [e-mail] if you have any questions.