WMK1

Chapter 1

Program Management and Office Requirements

1.01 Management Responsibilities

a.  Responsibilities of the Service and Offices

b.  Oversight of Chapter 31 and Other Programs

c.  General Management Responsibilities

1.02  Personnel Practices and Program Components

a. Veteran Readiness and Employment Officer Responsibilities

b.  Protection of Privacy and Confidentiality

c.  Notification and Support of the Appeals Process

d.  Program Oversight and Internal Control

e.  Employee Awards and Recognition Program

1.03  Office and Outbased Site Requirements

a.  Requirements for Office Space

b.  Requirements for Counseling Space

c.  Requirements for Individual or Hoteled Offices

d.  Requirements for Suitable Space for Administering Tests

e.  Access to Job Lab Resources

 1.01 Management Responsibilities

a.  Responsibilities of the Service and Offices

(Change Date October 23, 2012)

Veteran Readiness and Employment Service in Washington, DC, provides policies and procedures for the VR&E Program. The VR&E Division within each regional office (RO) establishes, maintains, and provides oversight for the program and implements the policies and procedures provided by VR&E Service at CO.

 b. Oversight of Chapter 31 and Other Programs

(Change Date November 19, 2015)

The VR&E Division is responsible for providing services and assistance to claimants for Chapter 31, and other programs, as noted below.

1. Assistance to claimants under 38 U.S.C. Chapter 31.  Refer to M28C, Parts III, IV, V, and VI for additional information on the provision of Chapter 31 services.
2. Assistance to claimants under 38 U.S.C. Chapter 36. Refer to M28C.VII.A.1  for additional information on the provision of Chapter 36 services.
3. Assistance to dependents of claimants under 38 U.S.C. Chapter 35. (Refer to M28C.VII.A.2 for additional information on the provision of Chapter 35 services.)
4. Assistance to dependents of claimants under 38 U.S.C. Chapter 18. (Refer to M28C.VII.A.3 for additional information on the provision of Chapter 18 services.)

c.  General Management Responsibilities

1.  VR&E Officer

(Change Date November 19, 2015) 

The VR&E Officer manages a VR&E division within the RO. The VR&E Division consists of Vocational Rehabilitation Counselors (VRC), Employment Coordinators (EC), Vocational Rehabilitation Specialists (VRS), and technical and administrative support staff members.

2.  Director, Regional Office

(Change Date November 19, 2015)

The RO Director provides general management for the RO, including line authority over the VR&E Division. The RO Director ensures all policy and procedural changes are implemented and benefits are provided in a timely manner.

3.  Executive Director, Veteran Readiness and Employment Service

(Change Date November 19, 2015)

The Executive Director of VR&E Service does not have line authority over VR&E staff at the RO; however, he or she supports the success of the VR&E Division, as follows:   

• Developing policy
• Formulating budgets
• Developing workload systems
• Supporting RO staff development via the development of training programs
• Developing requirements for RO staff
• Oversight and guidance of the VR&E Division through Quality Assurance (QA) staff site surveys and file reviews, as well as on an ad hoc basis when requested 
• Establishing and enabling the mission, vision, strategic direction, and enterprise thinking for all VR&E Program services 
• Serving as the chief point of contact for Congress and all federal agencies on all matters related to the VR&E program

1.02  Personnel Practices and Program Components 

a.  Veteran Readiness and Employment Officer Responsibilities

(Change Date November 19, 2015)

The VR&E Officer is responsible for personnel practices that promote effective implementation of the VR&E Program. The following practices are regarded as crucial elements in the accomplishment of the program’s goals. Compliance in the following areas is required.

1.  Classification and Position Management

(Change Date November 19, 2015)

Each employee must be provided a current position description and, if applicable, national performance standards that reflect the work actually performed, and sets levels of performance expectations in measurable terms. For positions without national performance standards, standards are developed locally.

Refer to 5 CFR 430 Subpart B and VA Directive 5013.

2.  The Equal Employment Opportunity Program

(Change Date November 19, 2015)

VR&E Officers must familiarize themselves with the Department of Veterans Affairs’ (VA) Equal Employment Opportunity (EEO) Program. The VR&E Officer must also adhere to and implement the RO’s EEO plan ensuring equal employment opportunities. The VR&E Officer is required to assist any VR&E employee with an EEO complaint by contacting VA’s EEO staff for assistance regarding complaint procedures and following timeline and process requirements.

Refer to Office of Resolution Management, Diversity & Inclusion (ORMDI) Contact page and Office of Resolution Management, Diversity & Inclusion (ORMDI) homepage.

3.  Standards of Ethical Conduct and Related Responsibilities

(Change Date November 19, 2015)

The VR&E Officer is responsible for:

• Ensuring all VR&E counselors follow the Code of Professional Ethics for Rehabilitation Counselors (Code of Ethics.pdf) issued by the Commission on Rehabilitation Counselor Certification, and VA’s specific guidance on ethics in 5 CFR Part 2635 – Standards of Ethical Conduct for Employees of the Executive Branch.
• Ensuring all VR&E Division staff receive all required annual ethics training.
• Utilize VA’s Office of General Counsel as a resource to train VR&E staff on any particular ethics issue, as needed.

4.  Waiver Process for VA Employees and For-Profit Educational Institutions

(Change Date July 2, 2019)

In 1952, 38 U.S.C. 3683 was enacted in response to circumstances where Department of Veterans Affairs (VA) employees who were responsible for administering VA education benefits used their government position to benefit from for-profit educational institutions (FPEI). This statute required the removal of VA employees who had certain connections to FPEIs.

On September 29, 2018, 38 U.S.C. 3683 was amended. Employees whose for-profit connections began on or after this amendment date are subject to the new requirements of the law. The amendments include revision to the public notification of waivers, corrective or disciplinary action for VA employees who are denied waivers, and the definition of which VA employees are required to seek a waiver.

To determine whether a VA employee has a prohibited connection to an FPEI, either in the past or present, utilize the following criteria:

1.  If the employee received or is receiving training from an FPEI and one or more of the following criteria are met:

• Paid tuition with his or her own money;
• Attended classes on his or her own time;
• VA paid part of or all the tuition; or
• VA allowed the employee to change his or her tour of duty to attend classes or complete assignments.

2.  Received or is receiving salary or wages from the FPEI

• Employee received/receiving a salary or wages as a teacher, staff member, or official of an FPEI.

3.  Received or is receiving gifts from the FPEI

• Employee received a gift from an FPEI. A “gift” is anything that employees are prohibited from accepting under the gift regulations at 5 CFR 2635, subpart B.

4.  Had or has an ownership interest in the FPEI, as indicated by an affirmative answer to any of the following questions. The VR&E employee:

• Owned or owns stock in the FPEI.
• Sat or sits on the Board of Directors of the FPEI in a paid or unpaid status.

If, upon review, an employee meets any of the criteria above, he or she must request a waiver from the Secretary of VA. The statute requires VA management to take appropriate corrective or disciplinary action regarding a VA employee who, at any time during their VA employment, had a certain relationship to an FPEI. However, if no detriment will result from a VA employee's connection to an FPEI, management may issue a waiver and no corrective or disciplinary action will occur. The employee must demonstrate that no detriment, meaning harm or damage, will result to the United States or to eligible persons or claimants, from his or her interest or connection to an FPEI. The employee must access the following link to complete the waiver process at  VA Law Home page.

b.  Protection of Privacy and Confidentiality

(Change Date November 19, 2015)

VR&E staff are responsible for protecting the privacy of Chapter 31 claimants, safeguarding records, and ensuring that information is not disclosed to individuals who have no need to know.

The Privacy Act of 1974 applies to VR&E staff. It permits important uses of a claimant’s records while protecting his or her privacy. The VR&E Officer must ensure all employees handling claimant’s and dependent’s Personally Identifiable Information (PII) must complete the VA’s required annual privacy training. 

c.  Notification and Support of the Appeals Process

(Change Date February 19, 2019)

Claimants receiving or requesting benefits under the Chapter 31 Program are entitled to a comprehensive notification of all decisions made on their Chapter 31 claim. If the claimant disagrees with the decision, he or she may request a review and/or an appeal. For more information on the claimant's right to a review and/or an appeal, refer to M28C.III.C.2.

d.  Program Oversight and Internal Control

(Change Date October 23, 2012)

The following procedures must be utilized to assess and improve the quality of services provided to claimants in the Chapter 31 Program. Workload is evaluated on a national and local level. The elements listed below are the components of program oversight and internal control:

• Quality Assurance (QA)
• Oversight
• Performance Management
• Strategic Oversight and Analysis Review (SOAR)
• Management Reports

e.  Employee Awards and Recognition Program

(Change Date October 23, 2012)

• A nationwide VR&E awards program may be issued at the discretion of the Executive Director of VR&E Service.
• RO Directors are responsible for distributing award funds to VR&E Officers.
• VR&E Officers are responsible for recognizing employees for special contributions and outstanding performance. VR&E Officers may also provide recognition with non-monetary awards, such as time-off awards or other tokens of appreciation.

For more information, refer to VA Directive 5017.

1.03  Office and Outbased Site Requirements

a.  Requirements for Office Space

(Change Date October 23, 2012)

VR&E office space must meet the requirements listed below:

• The office must be readily accessible to individuals with disabilities.
• The office location must be clearly identified on building and floor directories.
• A reception area must be provided with adequate size space and reasonably comfortable furnishings for visitors.

Exception: In those offices where a separate reception area cannot be provided, staff should make arrangements to use other on-site facilities.

b.  Requirements for Counseling Space

(Change Date October 23, 2012)

The counseling environment must be arranged to allow the claimant a clear sense of the privacy and confidentiality of conversations with his or her case manager. This can be achieved by:

• Providing counseling in an environment that offers auditory privacy
• Ensuring the conversation between the case manager and the claimant is not open to public observation
• Discouraging interruptions or other distractions

c.  Requirements for Individual or Hoteled Offices

(Change Date October 23, 2012)

Each case manager must have access to a private office, with floor-to-ceiling walls and doors, for conducting counseling sessions. ROs with limited office space can meet this requirement by “hoteling” the counseling room or rooms. In such an arrangement, case managers perform administrative work and duties, other than counseling, in a common area or an open counseling room. If hoteling, counseling sessions should be scheduled in advance and given priority over administrative work or other duties in the counseling room.

d.  Requirements for Suitable Space for Administering Tests

(Change Date October 23, 2012)

Testing must be:

• Conducted under conditions that ensure privacy and freedom from noise and distraction.
• Fully compliant with established testing standards, including accessibility of testing material.
• Conducted in a space with adequate lighting, ventilation, seating facilities, and working space for claimants.
• Testing materials must be properly secured in a locked room or cabinet when not in use.

For more information on tests and test supplies, refer to M28C.II.A.2

e.  Access to Job Resource Lab

(Change Date July 30, 2021)

VR&E offices may provide a job resource lab that features career services to help claimants complete vocational testing, prepare their resumes, and use the Internet to explore potential careers, research employment opportunities, and submit applications, as determined by the needs of the VR&E office. 

VR&E offices that do not have a JRL must provide alternative resources to assist claimants in completing vocational testing and job search activities as outlined in M28C.IV.B.2.

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