WMK1

Chapter 3

EXTENDED EVALUATION PLAN

3.01  Purpose

a.  Duration

b.  Services

3.02 Compensated Work Therapy

a. Veteran Readiness and Employment and Compensated Work Therapy Partnership

b. Program Information

3.03 Individualized Extended Evaluation Plan

a.  Analyses of the Claimant’s Needs

b.  Individualized Extended Evaluation Plan

c.  Levels of Case Management

d.  Corporate WINRS Activity

e.  Complete and Document the Orientation Process

3.04  Outcome of an Individualized Extended Evaluation Plan

a.  Achievement of a Vocational Goal is Determined Currently Reasonably Feasible

b.  Achievement of a Vocational Goal is Determined Not Currently Reasonably Feasible

c.  It is Not Clear if Achievement of a Vocational Goal is Currently Reasonably Feasible

d.  Documenting the Determination 

3.05  Informing the Claimant

3.01  Purpose

(Change Date August 15, 2013)

When a claimant is found entitled to the Department of Veterans Affairs (VA) Veteran Readiness and Employment (VR&E) program, the Vocational Rehabilitation Counselor (VRC) must determine the current feasibility of the claimant achieving a vocational goal.  In instances where it is not immediately clear if the achievement of a vocational goal is currently reasonably feasible, VR&E provides a period of extended evaluation. 

In accordance with title 38 CFR 21.57, the purpose of an extended evaluation is to determine whether it is currently reasonably feasible for a claimant with a serious employment handicap (SEH) to achieve a vocational goal.  The VRC must make the determination that a period of extended evaluation is necessary when feasibility to achieve a vocational goal cannot readily be determined based on the information obtained in the initial evaluation.  The VRC must document the determination on VAF 28-1902f, Feasibility Determination-Narrative Report.  A VRC finding that the achievement of a vocational goal is not currently reasonably feasible, without a period of extended evaluation, requires compelling evidence which establishes infeasibility beyond any reasonable doubt.

a.  Duration

(Change Date August 15, 2013)

In accordance with title 38 U.S.C 3105 and 38 CFR 21.74, extended evaluations must be at least two weeks long, but may not exceed 12 months, unless a longer period is necessary to determine whether achievement of a vocational goal is currently reasonably feasible.  The VRC can approve the initial 12-month extended evaluation period, but VR&E Officer or designee approval is required for any extension beyond the initial 12-month period.  Up to two additional six-month periods (not to exceed 24 months) of extended evaluation may be approved if there is reasonable certainty that the feasibility of achieving a vocational goal can be determined during this period.  Any request for an extension beyond the basic period of 12 months must be justified by a discussion of the claimant’s circumstances and the issues related to the feasibility of achieving a vocational goal.  This justification should be documented in memo format with VR&E Officer or designee concurrence and must be placed in the claimant’s VR&E record. 

Claimants who served during Operation Iraqi Freedom (OIF), Operation Enduring Freedom (OEF), and/or Operation New Dawn (OND) can be provided with an initial extended evaluation plan of 18 months if the severity of the claimant’s disabilities warrants additional time to make the determination of feasibility.  VR&E Officer or designee concurrence is required; concurrence should be documented in memo format and must be placed in the claimant’s VR&E record.  These types of plans for OEF/OIF/OND claimants require that the following information be documented on a memo:

• Claimant’s Name and Social Security Number (SSN)
• Station Number
• Case Manager Number
• Date the Individualized Extended Evaluation Plan (IEEP) is signed
• Number of months of planned service under the IEEP
• All independent living (IL) services as a part of the IEEP
• Was the individual on active duty when the IEEP was signed?
• Was the individual hospitalized at a military treatment facility when the IEEP was signed?

b.  Services

(Change Date August 15, 2013)

 1.  Diagnostic, Evaluative and Other Services

Services approved under an IEEP must logically contribute to determining whether the claimant meets the conditions of feasibility.  In accordance with

38 U.S.C. 3104, a variety of diagnostic, evaluative, and other services are available for use during an extended evaluation to improve and assess feasibility to achieve a vocational goal, including:

• Assessment of Physical and/or Cognitive Limitations and Abilities
• Aptitude Testing
• Mental Health Services
• Assistive Technology Assessment
• Situational Assessments
• Work Hardening
• VA Work-Study
• Volunteer Activities
• Compensated Work Therapy (CWT)
• Occupational Therapy
• Physical Therapy
• IL Needs Assessment
• Academic Coursework

 2.  Academic Programs

(Change Date August 15, 2013)

Academic coursework may be an appropriate part of an IEEP, but services cannot consist solely of academic programs.  The IEEP should consist of no more than one term of academic coursework; however, one additional academic term may be approved by the VR&E Officer 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 what additional diagnostic and/or evaluative services are needed.
• Ensure that the second academic term is authorized in conjunction with these additional diagnostic and/or evaluative services.
• Address all feasibility concerns during the second academic term.
• Submit written documentation regarding the need for additional services that specifies how the additional services will assist in the determination of feasibility.
• Submit justification in a memo format to obtain concurrence from the VR&E Officer; concurrence must be documented in the claimant’s VR&E record.

 3.  Subsistence Allowance

(Change Date August 15, 2013)

In accordance with 38 CFR 21.266, a claimant participating in an extended evaluation program can receive a subsistence allowance, which is paid in accordance to 38 CFR 21.260.  Refer to M28C.V.B.7 for details on subsistence allowance.

 4.  Supplies

(Change Date August 15, 2013)

Supplies are furnished to enable a claimant to pursue rehabilitation and achieve the goals of his or her program.  Supplies include books, tools, and other supplies and equipment which VA determines are necessary for the completion of the rehabilitation program.  Refer to 38 CFR 21.210 and M28C.V.A.3 for additional information on furnishing supplies. 

3.02 Compensated Work Therapy

a. Veteran Readiness and Employment and Compensated Work Therapy Partnership

(Change Date July 2, 2014)

The partnership between the CWT Program Manager and the VR&E Officer is very important in preparing claimants for employment.  Development of a relationship between VR&E and the CWT program will ensure an understanding of available services and timeframes. Two key activities that can bring the departments together to establish consistent practices include:

• Developing an understanding of how each program works.
• Identifying a referral/follow-up process between departments.

Veterans Benefits Administration (VBA), VRCs, and VHA Vocational Rehabilitation Specialists (VRSs) need to be able to exchange information and develop a comprehensive understanding of each program. The more each other’s program is understood, the easier it will be to establish collaboration between offices.  ROs are encouraged to establish a relationship with their local CWT. 

b. Program Information

(Change Date July 2, 2014)

The main components of CWT are Transitional Work Experience (TWE) and Supported Employment (SE) services. According to VHA Handbook 1160.01 Uniform Mental Health Services, every VAMC must offer CWT with TWE and SE services to Veterans with occupational dysfunctions resulting from mental health conditions, or who are unsuccessful at obtaining or maintaining stable employment patterns due to mental illnesses or physical impairments co-occurring with mental illnesses.  CWT programs strive to maintain highly responsive long-term quality relationships with business and industry.

Many of the individual programs are accredited by the Commission on Accreditation of Rehabilitation Facilities (CARF) and are members of the U.S. Psychiatric Rehabilitation Association (USPRA). Typically, CWT programs are located within VAMCs in most large metropolitan areas and many smaller communities. Go to Site locations to find a site in your area and CWT for additional information.

3.03  Individualized Extended Evaluation Plan

a.  Analyses of the Claimant’s Needs

(Change Date August 15, 2013)

The VRC must use information gathered during the initial evaluation and from collaboration with other service providers to complete an analysis of the claimant’s needs.  Analyses of the following factors are conducted to determine the services needed to assist with the determination of feasibility:

• Functional Capacity/Limitations
• Work Tolerance
• IL Needs
• Education/Training Needs

b.  Individualized Extended Evaluation Plan

(Change Date August 15, 2013)

All rehabilitation plans have common elements, but the VRC must individualize the elements to fit the claimant’s identified needs.  The VRC must complete VAF 28-1902n, Counseling Record-Narrative Report (Supplemental Sheet), for vocational exploration and to develop a plan of services.  The IEEP must be developed in accordance with 38 CFR 21.86.   Refer to M28C.IV.C.2 for the required elements of all IEEP's. 

c.  Levels of Case Management

(Change Date August 15, 2013)

For claimants participating in an IEEP, the case management level must be either Level 2 or Level 3. 

A track selection is not made when developing an IEEP; however, Employment Through Long-Term Services track should be selected in Corporate WINRS (CWINRS) since the system requires track selection. 

Refer to M28C.IV.C.2 for information on assignment of case management level and selecting the appropriate track from the Five Tracks to Employment. 

d.  Corporate WINRS Activity

(Change Date March 31, 2014)

CWINRS activity requires updates to the claims processing and disposition tabs prior to the development of the IEEP.  Refer to M28C.IV.C.2 for detailed information on updating CWINRS for plan development.  In accordance with 38 CFR 21.188, while pursuing services under an IEEP, the claimant’s case should remain in Extended Evaluation status.  Refer to M28C.III.A.1  for detailed information on case status.

e.  Complete and Document the Orientation Process

(Change Date August 15, 2013)

Please refer to M28C.IV.C.2.04.c for detailed information on completing the orientation process.

3.04  Outcome of an Individualized Extended Evaluation Plan

There are three possible outcomes of an IEEP.

a.  Achievement of a Vocational Goal is Determined Currently Reasonably Feasible

(Change Date August 15, 2013)

In accordance with 38 CFR 21.53, the achievement of a vocational goal is currently reasonably feasible when all the following conditions are met:

1. A vocational goal has been identified.
2. The claimant’s physical and mental conditions permit training for the goal to begin within a reasonable period.
3. The claimant possesses the skills to pursue the vocational goal or VR&E will provide the training necessary to achieve the goal.

When the outcome of the IEEP indicates that the achievement of a vocational goal is currently reasonably feasible, the VRC and claimant will work together to develop an appropriate rehabilitation plan with a goal of employment.  Refer to M28C.IV.C.2  for additional information on Rehabilitation Plan Development and Redevelopment.

b.  Achievement of a Vocational Goal is Determined Not Currently Reasonably Feasible

(Change Date March 31, 2014)

When the outcome of the IEEP indicates that the achievement of a vocational goal is not currently reasonably feasible, the VRC must consider the need for IL services and develop a program of IL services if appropriate.  Refer to M28C.IV.C.6 for information on assessing IL needs, planning IL services, and actions required when IL services are not warranted.  Refer to Section 3.03.d for documentation requirements.

c.  It is Not Clear if Achievement of a Vocational Goal is Currently Reasonably Feasible

(Change Date August 15, 2013)

In rare instances, the services provided during the period of extended evaluation do not lead to a definitive determination of feasibility.  In accordance with

38 U.S.C. 3106 and 38 CFR 21.53, in this situation the VRC must resolve any reasonable doubt in the claimant’s favor by determining that achievement of a vocational goal is currently reasonably feasible.

d.  Documenting the Determination

(Change Date January 6, 2020)

All determinations and redeterminations of current reasonable feasibility to achieve a vocational goal must be documented on VAF 28-1902f and placed in the claimant’s VR&E record.  

When the outcome of the initial evaluation or IEEP results in a determination that achievement of a vocational goal is not currently reasonably feasible and the outcome of an initial IL assessment results in a determination that the claimant has no IL needs, the VR&E Officer or designee must review and document concurrence with the determination that the claimant has no IL needs.  A justification memo with VR&E Officer or designee concurrence must be placed in the claimant’s VR&E record.

3.05  Informing the Claimant

(Change Date February 19, 2019)

The determination of reasonable feasibility of achieving a vocational goal must be made at the earliest time possible during the extended evaluation program, but no later than the end of the extended evaluation period or any approved extension(s) of that period.  In accordance with 38 CFR 21.420, this notification of the determination must be made to the claimant, and his or her representative, if applicable, in writing using Vocational Rehabilitation (VR) letter VR-64, Positive Decision Letter or VR-58, Adverse Decision Letter, as appropriate.  The letter must include VAF 20-0998, Your Rights to Seek Further Review of Our Decision, and a copy must be placed in the claimant’s VR&E record.  If possible, also provide notice in person. 

A determination that IL services are not warranted following a finding that achievement of a vocational goal is not currently reasonable feasible is considered an adverse action and does require the delivery of appeal rights.  In this situation, the claimant must be provided due process, including a notice of proposed adverse action, before the rehabilitation program is discontinued.  Refer to M28C.V.A.6 for information on case closures.

Back to Top of Page

WMK2