Mirrored VA administrative guidance

M28C.IV.C.2 Rehabilitation Plan Development and Redevelopment

Source status: Published
Source version: 31
Last updated by VA: June 18, 2026

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WMK1

Chapter 2 REHABILITATION PLAN DEVELOPMENT AND REDEVELOPMENT

2.02 Roles and Responsibilities

b. Vocational Rehabilitation Counselor

d. Veterans Readiness and Employment Officer

2.03 Considerations for Plan Development

a. Selection of Training Facility

c. In-State Tuition for Chapter 31 Veterans

d. Concurrent Receipt of Benefits

e. Vocational Rehabilitation Panel

g. Prohibited Goods and Services

2.04 Rehabilitation Plan Types and Requirements

a. Types of Rehabilitation Plans

b. Required Elements of Rehabilitation Plans

d. Documentation of the Planning and Orientation Process

e. Election of the Post 9/11 GI Bill Subsistence Allowance Rates

f. Implementing the Rehabilitation Plan

g. Annual Review of the Rehabilitation Plan

2.05 Five Tracks to Employment

c. Employment Through Long-Term Services

2.06 Employment Resources for Track Selection

c. State Veterans’ Employment Representatives

2.07 Redeveloping the Rehabilitation Plan

a. Obtaining the Veteran’s Cooperation

b. Interaction with the Veteran

e. Disagreement Regarding Changes to the Rehabilitation Plan

f. Redevelopment of the Self-employment Plan

2.08 Determining Program Participation Rates

2.09 Case Management Appointments and Contacts

a. Case Management Level and Frequency of Appointments

b. Case Management Level Assignment based on Type of Program

The foundation of a successful rehabilitation program is a well-developed plan of action. The development of a rehabilitation plan is required for any Veteran who is entitled to and receiving Chapter 31 benefits in accordance with title 38 Code of Federal Regulations (CFR) 21.80. The rehabilitation plan must be based on the results of a comprehensive evaluation, including the required determinations and assessment of factors identified in 38 CFR 21.50. The Department of Veterans Affairs (VA) Veteran Readiness and Employment (VR&E) program utilizes a variety of rehabilitation plans to provide services that can optimize a Veteran’s potential to overcome barriers to the successful completion of his or her program.

a. Purpose of Plan

(Change Date August 15, 2013)

The purpose of a rehabilitation plan is to structure individualized services that will enable the Veteran to obtain and maintain suitable employment and/or to maximize independence in daily living. The structure of the plan allows the Vocational Rehabilitation Counselor (VRC) and the Veteran to translate the findings of the initial evaluation into specific rehabilitation goals and objectives.

b. Scope of Plan

(Change Date August 15, 2013)

The scope of the plan includes the services needed to accomplish the goals of the rehabilitation plan. The objectives of the rehabilitation plan must serve to prepare the Veteran to achieve his or her program goals.

Counseling services must be included in every rehabilitation plan in accordance with title 38 United States Code (U.S.C.) § 3107. Counseling services may include, but are not limited to, medical, social, psychological, economic, educational, personal adjustment, and vocational counseling, in accordance with 38 CFR § 21.100. The services must be outlined on the rehabilitation plan in observable, measurable objectives to meet the overall goal of the rehabilitation plan.

2.02 Roles and Responsibilities

(Change Date August 15, 2013)

There are several individuals involved in the development, administration, and implementation of a rehabilitation plan. Each individual has clearly defined roles and responsibilities to ensure that the plan is carried out successfully.

a. Veteran

(Change Date August 15, 2013)

In accordance with 38 CFR § 21.362, the successful development and implementation of a program of rehabilitation services requires the full and effective participation of the Veteran in the rehabilitation process. The Veteran should openly and candidly discuss personal strengths, goals, obstacles to goal attainment, and other pertinent information during counseling sessions with the Vocational Rehabilitation Counselor (VRC) or Employment Coordinator (EC). The Veteran’s perceptions regarding employment planning and vocational goal attainment must be addressed early and throughout the process. This is critical to attaining a successful rehabilitation outcome. In accordance with 38 CFR § 21.92, the Veteran must agree to the plan before services are provided. The Veteran must maintain satisfactory conduct and cooperation in developing and implementing a rehabilitation services program under Chapter 31, as outlined in 38 CFR § 21.362(a)(1).

b. Vocational Rehabilitation Counselor

(Change Date March 31, 2014)

The VRC guides the Veteran in selecting an appropriate rehabilitation goal. The VRC’s primary role is to assist the Veteran in making an informed decision on an appropriate rehabilitation goal based upon the Veteran’s functional abilities, interests, and aptitudes, and to outline the steps needed to achieve that goal in the rehabilitation plan. If employment is the goal of the rehabilitation plan, the VRC will also help the Veteran understand the labor market to ensure that the chosen vocational goal is suitable and viable.

c. Employment Coordinator

(Change Date August 15, 2013)

The Employment Coordinator (EC) works closely with the VRC and the Veteran to ensure that the chosen vocational goal is viable in the labor market where the Veteran will seek employment. ECs are responsible for establishing a positive counseling relationship with the Veteran to ensure, to the maximum extent possible, that he or she receives high-quality employment planning services. An EC assists the VRC and Veteran in identifying a suitable goal by utilizing the following resources.

Resources, which may include any or a combination of the following:

Veteran’s self-report
Record of past training, employment, volunteer activities and educational experiences
Descriptive occupational literature from various web-based resources
Information-seeking interviews with prospective employers or those who are currently working in the field
Career and aptitude testing
Reviewing Labor Market Information (LMI)
Information about the Veteran’s disability, including any functional limitations and capacities

d. Veteran Readiness and Employment Officer

(Change Date February 19, 2019)

The VR&E Officer or designee may conduct higher-level reviews to resolve disagreements by the Veteran related to plan development or implementation.

Refer to: M28C.V.B.7 for the VR&E Officer's approval of plans.

2.03 Considerations for Plan Development

a. Selection of Training Facility

(Change Date October 07, 2022)

Post-secondary education is often needed to achieve the Veteran’s rehabilitation goal as identified in the rehabilitation plan. Per 38 CFR § 21.72, Veterans must be provided training to the level generally recognized as necessary for entry into employment in a suitable occupation. For example, the occupation of social worker requires a master's degree in Social Work, while a personal trainer or welder generally requires only a certification. The Veteran shall be trained to the level that is required by the selected suitable occupation.

The VRC and the Veteran must work together to identify the facility that can best meet the Veteran’s needs.

The VRC must consider the Veteran’s preference for a particular training or rehabilitation facility. However, the cost of education and training services is one of the factors to consider when selecting a facility, as outlined in 38 CFR § 21.120. In accordance with 38 CFR § 21.294, the VRC has final responsibility for the selection of the facility. The VRC and the Veteran must work together to identify the facility that can best meet the Veteran’s needs.

Per 38 U.S.C. § 3104(b), all courses of education or training that are part of a VR&E program must, to the maximum extent possible, be approved for use under Chapter 30 and/or Chapter 33. There may be instances when a VRC needs to approve a facility for use by a Chapter 31 participant due to a complex issue related to the Veteran’s rehabilitation needs. In these instances, the Executive Director of VR&E Service has been delegated authority to approve such Chapter 31-only programs of education.

Refer to: M28C.IV.C.1 for more information on the approval of Chapter 31-only facilities and training programs or courses.

The VRC must verify in Web Enabled Approval Management System (WEAMS) that:

The Facility is approved, and
The program of training or course is approved.

The VRC must complete the verification in WEAMS prior to developing or redeveloping a rehabilitation plan and authorizing the Veteran's attendance.

If the program of training or course reflects withdrawn in WEAMS, the VRC must reach out to the Education Liaison Representative (ELR) or State Approving Agency to verify if the program of training or course is approved and has not yet been updated in WEAMS.

In accordance with 38 CFR § 21.120(c), the cost of education and training services will be one of the factors considered in selecting a facility when:

There is more than one facility in the area that has been identified that meets the Veteran’s needs and enables them to achieve the vocational goal outlined in the rehabilitation plan;
Meets requirements for approval under 38 CFR §§ 21.292 through 21.298;
Can provide the education and training services, and other supportive services specified in the Veteran’s plan; and
Is within reasonable commuting distance; or
The Veteran wishes to train at a suitable facility in another area, even though training can be provided at a suitable facility in which the Veteran resides.

If more than one facility has been identified but there is a significant difference in cost, the VRC must document the justification for choosing the higher-cost facility before developing a plan that lists the higher-cost facility as a service provider. For example, the Veteran’s vocational goal is to become an Engineer. The state university has an engineering program with an annual estimated cost of $12,000 per year; however, the Veteran prefers to attend a private university nearby with an annual estimated cost of $22,000. Before the VRC can develop a rehabilitation plan that includes training at the high-cost facility, he or she must justify that decision by addressing the following questions:

Are there differences in support services that will ensure the Veteran's successful completion of training?
Are there special programs of assistance for students with disabilities that will be utilized by the Veteran in the course of his or her program?
Are there significant differences in the availability of placement services and placement records?
If a shorter commute from the Veteran's home to the training facility is the reason for selecting a higher-cost facility, will the Veteran complete his or her training program in a shorter amount of time?

If an analysis of these issues indicates that the higher-cost facility should be selected, the VRC must document the decision on VAF 28-1902n, Counseling Record-Narrative Report.

b. High Program Costs

(Change Date January 18, 2023)

The VRC’s program costs approval threshold is $50,000 annually. If the estimated annual program costs exceed the VRC’s approval threshold, a request for approval using a high program costs memo must be developed to ensure an appropriate level of authority for program costs.

Annual program costs refer to the 12-month period of services from the first term or semester after the plan has been developed or redeveloped for the Veteran.
Program costs include tuition, fees, books, and supplies provided to the Veteran. Subsistence allowance is not included in estimating a Veteran's annual program costs.

Approval for the high program costs must be requested prior to the signing of the rehabilitation plan by the VRC and the Veteran.

Refer to: M28C.V.B.1 for appropriate Cost Approval/Concurrence Levels.

c. In-State Tuition for Chapter 31 Veterans

(Change Date July 30, 2021)

In accordance with Public Law (Pub. L.) 115-251, Section 301, public institutions of higher learning (IHL) must comply with the requirement that Veterans who reside in the state, are within 3 years of discharge at the time of enrollment, and are using educational assistance under 38 U.S.C. Chapter 31, must be charged the resident rate regardless of Veteran meeting the state’s residency requirements. This requirement applies to courses, semesters, or terms beginning after March 1, 2019, and requires that all public IHLs charge the resident rate to Chapter 31 Veterans, as well as to individuals previously covered under 38 U.S.C. § 3679(c).

The intent of the law is to protect VR&E Veterans who have not resided in the State or U.S. Territory long enough to meet the State or Territory’s residency requirements by requiring the IHL to charge in-state tuition and fees rates. However, the expectation is that as soon as the Veteran can establish residency, he or she will do so. The Veteran must live in the state to receive the in-state tuition and fees rate, in accordance with 38 U.S.C. § 3679(c)(1). This means when a Veteran lives in one state and attends an IHL in another, the IHL may charge out-of-state tuition and fees rates. In addition, if an IHL has other requirements to meet the standard for in-state tuition and fee rates, such as a requirement that students sign a letter of intent to establish residency, Veterans must adhere to those requirements to qualify for the in-state tuition and fee rates.

When an institution charges a Veteran more than the rate for resident students, VA may disapprove VA-sponsored education programs. The VRC must ensure the public IHL is aware of this requirement; the IHL must be compliant to ensure continued VA approval.

Note: Effective for quarters, semesters, or terms starting on or after August 1, 2021, the Veteran is no longer required to be within three years of discharge to qualify for the provision.

d. Concurrent Receipt of Benefits

(Change Date December 21, 2022)

In accordance with 38 U.S.C. § 3681 and 38 CFR § 21.4022, a Veteran who is eligible for education or training benefits under more than one VA education benefit cannot receive those benefits concurrently. Therefore, the Veteran must elect which benefit he or she will receive for the period or periods during which education or training is to be pursued. Typically, this election is required when a Veteran who is eligible for Chapter 33 is also eligible and found entitled to Chapter 31. The use of Chapter 31 contract funds for initial evaluation is prohibited if the Veteran is receiving another VA benefit.

Prior to plan development, if the Veteran is currently using or has used another VA education benefit, the VRC must notify the Regional Processing Office (RPO) of jurisdiction via email of the effective date of the Veteran’s election of Chapter 31. An email must be sent to the RPO at Ch31.VAVBABUF@va.gov for the Buffalo RPO or EDU.VBAMUS@va.gov for the Muskogee RPO. The RPO of jurisdiction is associated with the primary address of the facility where the Veteran last used his or her VA education benefits.

Refer to: www.benefits.va.gov/gibill/regional_processing.asp for a list of states assigned to each RPO.

The VRC must complete the following steps in the process of notifying the RPO:

The email must contain the Veteran's name, VA File Number, effective date of election to Chapter 31, and the VRC's contact information. If the Veteran is being evaluated for a retroactive induction, the email should also specify this.
The VRC must verify that the RPO will no longer process additional VA education benefit awards after the end of the current or most recent term. For Chapter 33 specifically, VRCs may also check LTS to determine if there is a scheduled payment for the next term. Generally speaking, Chapter 33 payments are processed 14 calendar days prior to the start of a term. If there is a Chapter 33 enrollment certified in LTS for a future semester and the scheduled payment is 15 or more days in advance, EDU may be able to stop payment, and the Veteran may use Chapter 31 benefits instead. However, if the term starts in 14 or fewer days, then it is too late for EDU to stop payment, and the Veteran must wait to use Chapter 31 benefits until the following term.
If the VRC does not receive a response from the RPO regarding the Veteran's election of Chapter 31 within one week, the VRC must send a follow-up email to the RPO confirming receipt of the notification. A response from the RPO must be received before VR&E can authorize any services under Chapter 31.
The VRC must also notify the School Certifying Official (SCO) of the Veteran's election of Chapter 31 benefits to ensure that the correct benefit is certified by the facility.
The email communication must be placed in the Veteran's electronic VR&E record.

The VRC may place the case into the appropriate case status and issue an authorization in the Invoice Payment Processing System (IPPS), or VAF 28-1905c, Certification of Training Hours, Wages, and Progress, for facilities that do not have access to Enrollment Manager, as identified on the rehabilitation plan, once the above steps have been completed.

Note: VR&E cannot request that an RPO stop benefits under another VA education program during a term in which a Veteran is currently enrolled.

The Veterans Employment Through Technology Education Courses is commonly referred to as VET TEC. A Veteran may enroll in a VET TEC-only program of education or training while participating in a Chapter 31 program; however, the VET TEC program must not be included in an IWRP because it is not an approved Chapter 30, Chapter 31, or Chapter 33 course of education.

That means that any VET TEC-only course that is approved for the VET TEC program must not be included in the intermediate objective of a Veteran’s plan. Hence, payment for subsistence allowance, tuition, fees, books, supplies, or equipment for a VET TEC -only course must not be authorized under Chapter 31.

Below are scenarios regarding the VET TEC program:

The Veteran, who is attending a VET TEC program when he or she has been determined entitled to Chapter 31, may continue to attend that VET TEC program. However, the Veteran’s rehabilitation plan must include only courses approved under Chapters 30, 31, or 33.
The Veteran, who is participating in the Chapter 31 program and elects to apply for a VET TEC program, may attend both programs at the same time. However, the Veteran’s rehabilitation plan must not include the VET TEC program.

Note: VET TEC-only facilities are identified in WEAMS by the facility code that contains the letter “V”. VET TEC-only approved programs cannot be authorized for training under the Chapter 31 program.

e. Vocational Rehabilitation Panel

(Change Date August 15, 2013)

The Vocational Rehabilitation Panel (VRP) plays a vital role in developing certain rehabilitation plans by providing expert opinions and guidance on complex issues. The VRC must prepare a written referral when seeking assistance from the VRP. The VRC must also inform the Veteran of the VRP’s recommendations and, as applicable, integrate them into the rehabilitation plan.

Refer to: M28C.II.A.4 for detailed information on the VRP. The VA Medical Center (VAMC) consultant will advise the VR&E Officer when other medical specialists are needed as a part of the VRP meeting.

Once the case manager and the Veteran have discussed the VRP's findings and recommendations, the case manager may integrate them into the rehabilitation plan as appropriate. However, a VRC may choose not to accept the Panel's recommendation(s) if he or she deems the exclusion appropriate. The VRC must document and clearly explain the reason for excluding the Panel's recommendation in an electronic case note in the Veteran's VR&E record. Refer to M28C.II.A.4, and 38 CFR §§ 21.60, 21.62 for additional information on the VRP.

f. Firearms

(Change Date June 18, 2026)

The VRC must assess the suitability of the occupational goal and provide a rationale for considering a vocational goal that involves using a firearm during training or employment. For purposes of authorizing reimbursement for the purchase of a firearm for a Veteran, the term “firearm” includes ammunition and firearm parts.

The VRC must ensure that written documentation is obtained from the proposed training facility or employer that clearly addresses the following:

The requirement for a firearm to be personally owned by all similarly circumstanced participants for the program and/or training facility and/or employment
The specific firearm that would satisfy the requirement
The date that the firearm is needed
Any pre-conditions that must be met before training or employment can begin

It is the role of the Vocational Rehabilitation Counselor and VR&E Officer, as subject matter experts, to ensure that all elements of the individual rehabilitation plan are suitable and appropriate.

The VRC must take the following steps to obtain concurrence when developing a rehabilitation plan that includes reimbursement for the purchase of a firearm:

1. Completion of Background Checks, Licensing, and Registration Requirements (Prior to Plan Development)

Prior to plan development, the Veteran is responsible for completing any necessary applications or other paperwork related to background checks (criminal, mental health, safety, or other), firearm licensing and registration, and permit(s) to carry and/or use the firearm. VA may reimburse the Veteran for the cost of these applications, as outlined in M28C.V.A.3. A copy of all paperwork related to the application for the firearm must be filed in the Veteran's VR&E record. If the Veteran is approved for reimbursement, copies of the clearance documentation, the firearm license and/or registration, and any related permits must be filed in the Veteran's VR&E record. Prior to beginning this process, the VRC must inform the Veteran that if he or she is unable to successfully complete all required steps for ownership and handling of a firearm, VR&E will not reimburse any of these costs.

Additionally, if the firearm is required for employment, all requirements must be met before the plan is approved, and reimbursement will not be approved until an official job offer is provided for the Veteran’s VR&E record.

2. Development of Proposed Rehabilitation Plan

Once background checks and licensing requirements are completed, the VRC and the Veteran may proceed to develop a proposed rehabilitation plan, with the understanding that the plan has not been approved and that services are not authorized unless concurrence is obtained from the VR&E Officer. Under the heading “Services Provided” in the rehabilitation plan, the VRC must clearly document the type of firearm that the VA will reimburse, as well as any specific quantities of ammunition, firearm parts, and/or other related equipment that are needed to reach the employment goal.

The following statement must also be included in the proposed plan:

Appendix BA, Conditions of Reimbursement for Purchase of Firearms, must be signed by the Veteran and the VRC. Reimbursement for the purchase of a firearm may not be authorized without the concurrence of the VR&E Officer.
The VRC will prepare Appendix AZ for the VR&E Officer’s review and concurrence. The VRC is responsible for confirming that all required elements listed in Appendix AZ are complete prior to submission for concurrence.

If concurrence is not obtained, the VRC must inform the Veteran using Vocational Rehabilitation (VR) letter 58 (VR-58), Chapter 31 Adverse Decision Letter, and VA Form (VAF) 20-0998, Your Rights to Seek Further Review of Our Decision, and work with the Veteran to explore alternative vocational goals that do not require a firearm. If concurrence is obtained, the VRC must inform the Veteran using VR-64, Chapter 31 Positive Decision Letter, and VAF 20-0998, Your Rights to Seek Further Review of Our Decision, and proceed with the plan development process.

3. Review of State and Local Laws

The VRC must review relevant state and local laws and regulations to identify any issues related to the purchase, licensing, registration, and use of firearms prior to authorization of such reimbursement. Issues may include state restrictions on firearm types, registration requirements, employment-specific mandates, or other legal conditions. VA Regional Counsel may be consulted to assist with this review when a legal analysis is required to determine the appropriateness of the vocational goal or the application of state or local laws to a specific case. A copy of local laws and regulations, and/or Regional Counsel’s review of the application of these laws in this specific case, should be filed in the Veteran’s VR&E record.

4. Required Concurrence

The VRC must prepare a memorandum to the VR&E Officer for review and concurrence prior to authorizing the reimbursement for the purchase of a firearm. The VR&E Officer is responsible for reviewing the Veteran’s entire VR&E record, the current VA service-connected and non-service-connected disabilities, and any pending claims for disability. The VR&E Officer must use Appendix AZ, Review Prior to Approval of Reimbursement for Purchase of Firearms, to identify and address any issues that could warrant disapproval of the reimbursement.

If the VR&E Officer does not concur, the VRC must provide the Veteran with written notification of the decision via VR-58 and VAF 20-0998.
If the VR&E Officer concurs, the VRC must provide the Veteran with written notification of the decision via VR-64 and meet with the Veteran to review and sign Appendix BA, Conditions of Reimbursement for Purchase of Firearms.
When the VR&E Officer is also the assigned case manager for a firearm reimbursement, the concurrence of the Regional Office Director or Assistant Director is required in lieu of VR&E Officer self-approval.

Note: Ensure all documentation regarding the firearm reimbursement is uploaded to VBMS and saved within the Veteran’s electronic record.

Refer to: M28C.V.A.3 for guidance on procedures for processing firearm reimbursements, including reimbursement of required background check, licensing, registration, and permit application costs.

g. Prohibited Goods and Services

(Change Date December 12, 2013)

Certain goods and services are not appropriate for any type of rehabilitation plan and must not be authorized. In addition, plan goals in certain industries are in violation of federal law and must not be approved.

The following goods and services must not be provided by VR&E.

1. Vehicles

(Change Date August 15, 2013)

A vehicle is defined as a conveyance that moves on wheels, runners, tracks, or the like and is used to transport people or goods. Purchase or rental of trucks, cars, golf carts, all-terrain vehicles, or other means of transportation is prohibited. In addition, items such as a tractor, mower, or similar equipment must not be authorized under an Individualized Independent Living Plan (IILP).

2. Medical Marijuana or Legalized Recreational Substances

(Change Date December 12, 2013)

A Veteran’s use of medical marijuana or a legalized recreational substance in states where it is legal may not bar access to federal funding for a program of VA vocational rehabilitation services. However, provision of goods and services, as well as rehabilitation goals, related to the medical marijuana or a legalized recreational substance industry is prohibited. Training and tools for cultivating, distributing, dispensing, or selling of medical marijuana or a legalized recreational substance must not be authorized under a vocational rehabilitation plan.

h. Retroactive Induction

(Change Date April 1, 2021)

A retroactive induction is an authorization of payment for tuition, fees, and other verifiable expenses paid by the Veteran or another VA educational program for past enrollment periods that have been completed. If a Veteran is participating in a term that began at the time of plan development, the current term is not considered part of the retroactive induction since it is still in progress. The authorized benefits in a retroactive induction may include subsistence allowance, which is authorized and processed per M28C.V.B.7. Refer to M28C.V.B.6 for criteria for a Retroactive Induction.

i. Medical Residency or Internship

In accordance with 38 CFR §21.4265(a)(1), medical residencies (other than residencies in podiatric medicine), dental residencies, and osteopathic internships and residencies may be approved and recognized as institutional courses only when an appropriate accrediting agency accredits and approves them as leading to certification for a recognized professional objective.

A Supreme Court decision previously held that medical residencies are considered employment for tax purposes only. However, a medical residency is not considered an occupation; therefore, a Veteran cannot be declared rehabilitated until the medical residency is completed. If a Veteran pursuing a medical degree chooses not to continue with Chapter 31 services during his or her residency program or the residency program cannot be approved as a Chapter 31-only facility, the Veteran may be determined to have achieved maximum rehabilitation gain as employable.

The VRC must assess whether a residency or internship is required for the Veteran to perform the requisites of the selected occupation or to practice in the profession. In addition, the approved medical residency or internship must be included as a vocational objective in the Veteran’s rehabilitation plan.

Note: Refer to M28C.V.B.7.08.g for guidance on internship and residency measurement for subsistence allowance payments.

Refer to: M28C.V.A.6.04.2 for more information on closing a case that includes a medical residency component.

2.04 Rehabilitation Plan Types and Requirements

(Change Date July 14, 2022)

Rehabilitation plans are developed electronically and documented on VAF 28-10214, Rehabilitation Plan. The type of plan depends on the needs of the Veteran and the overall goal of the program of service. Each plan has required elements that must be addressed.

a. Types of Rehabilitation Plans

1. Individualized Extended Evaluation Plan

(Change Date March 12, 2021)

Individualized Extended Evaluation Plans (IEEPs) are used when feasibility to achieve a vocational goal cannot reasonably be determined during the initial evaluation process, per 38 CFR § 21.86.

Refer to: M28C.IV.C.3 for additional information on IEEPs.

2. Individualized Written Rehabilitation Plan

(Change Date August 15, 2013)

Individualized Written Rehabilitation Plans (IWRPs) are used when the Veteran is pursuing a rehabilitation plan with a goal of employment and requires services to develop the skills necessary to achieve that goal, in accordance with 38 CFR § 21.84. An IWRP may be written in combination with an Individualized Employment Assistance Plan (IEAP), referred to as a combined IWRP/IEAP, at the time of plan development or redevelopment. Refer to M28C.IV.C.4 and M28C.IV.C.7 for guidance on IWRPs.

3. Individualized Employment Assistance Plan

(Change Date March 31, 2014)

IEAPs are used when the Veteran has the skills necessary to obtain and maintain employment. IEAPs must be preceded by an IWRP or developed as part of a combined IWRP/IEAP, with one exception. The only time the VRC can develop an IEAP without first providing services in an IWRP is when the Veteran is a prior vocational rehabilitation program participant who qualifies for a program of solely employment assistance, per 38 U.S.C. § 3117. In all other instances, the case manager must develop an IEAP at least 60 days prior to the anticipated completion date of IWRP services, in accordance with 38 CFR § 21.88(d), if the IWRP was not developed as a combined IWRP/IEAP. Refer to M28C.IV.C.4 and M28C.IV.C.7 for additional information on IEAPs.

4. Individualized Independent Living Plan (IILP)

(Change Date August 15, 2013)

In accordance with 38 CFR § 21.90, IILPs are used to help a Veteran achieve maximum independence in daily living when the achievement of a vocational goal is not currently reasonably feasible.

Refer to: M28C.IV.C.6 for additional information on IILPs.

b. Required Elements of Rehabilitation Plans

(Change Date August 15, 2013)

The following elements are required parts of any rehabilitation plan:

1. Program Goal

(a) Individualized Extended Evaluation Plan Program Goal

(Change Date August 16, 2023)

In accordance with 38 CFR § 21.86, the program goal for an IEEP is to determine if the achievement of a vocational goal is currently reasonably feasible. The VRC must use the specified code 999 in the occupational code in the IEEP, since the feasibility to achieve a vocational goal needs to be determined for the Veteran

(b) Individualized Written Rehabilitation Plan Program Goal

(Change Date March 12, 2021)

The rehabilitation plan must include a specific occupational goal or occupational cluster, along with a three-digit DOT code. An IWRP may be written as a combined IWRP/IEAP with a specific occupational goal and corresponding DOT code. The VRC must indicate the appropriate DOT code on every IWRP.

Note: DOT Code 999 - Deferred must be used for an IWRP with a Deferred Vocational Goal, which indicates that a suitable vocational goal has not been selected for the Veteran.

(c) Individualized Employment Assistance Plan Program Goal

(Change Date August 15, 2013)

The program goal for an IEAP must include a specific occupational goal or occupational cluster and a three-digit DOT code. An IEAP may be written as part of a combined IWRP/IEAP with a specific occupational goal. The VRC or EC must put the first three digits of the DOT on every IEAP.

(d) Individualized Independent Living Plan Program Goal

(Change Date August 15, 2013)

The program goal for an IILP is to increase the Veteran’s independence in daily living, and when appropriate, to enable the Veteran to participate in a program of services directed toward employment. The VRC must use 000 in the occupational code in the IILP since the goal of an IILP is not vocationally based.

2. Intermediate Objectives

(Change Date August 15, 2013)

Intermediate objectives identify secondary goals that contribute directly to the achievement of the program goal. The intermediate objectives of the rehabilitation plan must identify all the necessary services and requirements needed to achieve the program goal of the plan.

The development of appropriate intermediate objectives is the foundation of an effective rehabilitation plan.

In accordance with 38 CFR § 21.84, all plans must include a program goal and intermediate objectives and must identify all essential services needed by the Veteran to achieve the goal and objectives of his or her rehabilitation plan.
In accordance with 38 CFR § 21.86, the intermediate objectives for an IEEP must identify the services needed to resolve the question of the Veteran's ability to achieve a vocational goal, which cannot be reasonably determined during his or her initial evaluation. Refer to M28C.IV.C.3 for additional information on IEEP development.
In accordance with 38 CFR § 21.88, the intermediate objective for an IEAP must identify the services for the Veteran to secure and maintain suitable employment. Refer to M28C.IV.C.7 for additional information on IEAP development.
In accordance with 38 CFR § 21.90, the intermediate objectives for an IILP must identify services for the Veteran to achieve independence in his or her daily living. Refer to M28C.IV.C.6 for additional information on ILLP development.

Refer to: M28C.IV.C.5 for additional information on developing intermediate objectives for a self-employment plan.

The VRC must ensure that each intermediate objective:

Is clear and easily understood.
Relates to achieving the program goal.
Is observable and can be evaluated.
Has a measurable outcome.
Has a projected start and completion dates for each planned service and the duration of each service.

The intermediate objective for specific services to be provided by VR&E and by other service providers must identify the responsible VR&E staff and individual providers. In addition, the rehabilitation plan must include an intermediate objective for training if the Veteran will be completing a course of education or training.

(a) Attendance at more than one training facility

If the Veteran will be attending more than one training facility with different Tax IDs (which may be verified via IPPS), the case manager must ensure that the Veteran's attendance at all facilities is outlined in separate intermediate objectives in the plan to ensure that the Veteran's training at all facilities is accurately authorized. The case manager must also ensure that the primary training facility will accept the courses the Veteran plans to take at the other training facility, if applicable.

(b) Attendance at a facility with a branch, satellite, extension campus, or associated facility

If the Veteran will attend training in a facility with a branch, satellite, extension campus, or associated facility that has different facility codes but has the same Tax ID (which may be verified via IPPS), a separate intermediate objective is not required. However, the branch, satellite, extension campus or associated facility code must be listed on the same intermediate training objective with the degree-granting institution identified as the primary training facility. The VRC must use the correct facility code listed on the enrollment manager certification when processing subsistence allowance.

Refer to: M28C.V.B.7 for processing subsistence allowance and M28C.V.B.1.07.b for authorizing training at more than one facility.

3. Anticipated Completion Date

(Change Date August 15, 2013)

An anticipated completion date is required for each objective to help track progress toward the program goal. It also informs the case manager and the Veteran of the time frame in which services will be provided.

4. Services

(Change Date August 15, 2013)

Each objective in the plan must include a description of the services that will be provided to assist the Veteran in achieving the objective. The services outlined in the plan must address medical, psychological, and related services, as appropriate, to ensure the Veteran’s needs are addressed and met. In accordance with 38 U.S.C. § 3107, all rehabilitation plans must include counseling. Additionally, the services provided as part of the rehabilitation plan must comprehensively address the Veteran’s needs to reach the program goal.

The description of planned services must be:

Specific and detailed
Clear and unmistakable in its relationship to the intermediate objective

Refer to: M28C.IV.C.4 and M28C.IV.C.7 for services that can be provided during an IWRP, combination IWRP/IEAP, and IEAP, and M28C.IV.C.6. for services that can be provided during an IILP

5. Duration of Services

(Change Date August 15, 2013)

Duration of services specifies a start date and an end date for each intermediate objective. Duration of services must correspond with any statutory limitations, limitations of eligibility and/or entitlement, or approved extensions thereof, to ensure the Veteran has sufficient time to complete the objective.

6. Service Providers

(Change Date August 15, 2013)

Services can be provided by a variety of sources, including, but not limited to:

VR&E
Veterans Health Administration (VHA)
Rehabilitation Facility
IL Center
Medical Personnel
Education/Training Facility
Non-Profit Entity
Private Company
Individual

The rehabilitation plan must list the contact information of the service provider(s), including:

Name
Address
Telephone Number
Email Address

7. Evaluation Information

(Change Date August 15, 2013)

Include information on how the Veteran’s progress will be measured during the rehabilitation process and provide an evaluation schedule in this section of the rehabilitation plan. The following sources must be used to establish the evaluation criteria, evaluation procedure, and schedule for determining whether the objectives and goals are being achieved:

College transcripts
Training progress reports
Medical records or consultation with providers
Self-Report by the Veteran
Veteran’s Power of Attorney or Guardian
Activity logs or reports from service providers
Case manager observation
Other sources as appropriate

8. Satisfactory Conduct and Cooperation

(Change Date August 15, 2013)

In accordance with 38 U.S.C. § 3111, the plan must also outline the terms used to measure satisfactory conduct. The VRC and the Veteran must collaborate on developing these terms, since the successful development and implementation of a rehabilitation plan requires the Veteran's full and effective participation in the rehabilitation process.

In accordance with 38 CRF § 21.362, VR&E staff must make a reasonable effort to inform the Veteran and assure his or her understanding of:

The services and assistance which may be provided under Chapter 31 to assist the Veteran in maintaining satisfactory cooperation and conduct, and to cope with problems directly related to the rehabilitation process, especially counseling services
Other services that VR&E staff can assist the Veteran in securing through non-VA programs
The specific responsibilities of the Veteran in the process of developing and implementing a program of rehabilitation services, especially the specific responsibility for satisfactory conduct and cooperation

In accordance with 38 CFR § 21.362, a Veteran requesting or being provided services under chapter 31 must:

Cooperate with VA staff in developing a rehabilitation plan
Arrange a schedule that allows him or her to devote the time needed to attain the goals of the rehabilitation plan
Seek the assistance of VA staff, as necessary, to resolve problems that affect the attainment of the goals of the rehabilitation plan
Conform to the rules and regulations of the training or rehabilitation facility at which services are being provided
Conform to procedures established by VA governing the pursuit of a rehabilitation plan, including:

Enrollment and reenrollment in a course
Changing the rate at which a course is pursued
Requesting a leave of absence
Requesting medical care and treatment
Securing supplies
Other applicable procedures

Refer to: M28C.III.C.3 for additional information on Veteran’s Conduct and Cooperation.

c. Orientation Process

(Change Date July 14, 2022)

The VRC must review the rehabilitation plan with the Veteran, including the roles and responsibilities of the VRC and the Veteran, to ensure a clear understanding and to answer any questions the Veteran may have regarding the rehabilitation process. The VAF 28-10214, Rehabilitation Plan, and VAF 28-0957, Vocational Rehabilitation Guidelines and Debt Prevention, are used to guide the orientation.

The orientation emphasizes the following:

Expectations for conduct and cooperation
Requirement to immediately report changes in dependency, contact information, performance, and rate of participation
Process for obtaining supplies, medical treatment, and other services outlined in the plan

Following orientation, the VRC and the Veteran must sign the VAF 28-10214; however, only the Veteran's signature is required on the VAF 28-0957. Copies of these must be placed in the Veteran’s electronic record and copies must be provided to the Veteran.

Refer to: M28C.III.A.1 for information on case status movement upon signing the rehabilitation plan.

d. Documentation of the Planning and Orientation Process

(Change Date May 4, 2022)

Once a Veteran is determined to be entitled to VR&E services, the VRC must use VAF 28-1902n to document vocational exploration and planning, as well as all decisions made during plan development.

Refer to: M28C.IV.B.2.04 regarding the use of VA Form 28-1902n.

e. Election of the Post 9/11 GI Bill Subsistence Allowance Rate

(Change Date July 14, 2022)

Public Law 111-377, Section 205 amended 38 U.S.C. 3108(b), effective August 1, 2011, states that if a Veteran is entitled to both Chapter 31 subsistence allowance and Post 9/11 GI Bill Chapter 33 educational assistance, the law allows a Veteran to elect which payment they would like to receive. All Veterans entitled to both a Chapter 31 subsistence allowance and Post 9/11 GI Bill Chapter 33 educational assistance must make an initial election of benefits on VAF 28-10214, Rehabilitation Plan. The effective date is the date the VAF 28-10214 is signed. If the Veteran has entitlement to Chapter 33 and has not passed his or her delimiting date at the time of entitlement to Chapter 31, then the Veteran is eligible for the P911SA rate for the life of the claim. The VRC must confirm eligibility and remaining entitlement to Chapter 33 by reviewing the Veteran's record in Long Term Solution (LTS). For the initial election, VAF 28-10214 must be signed by the Veteran and the VRC prior to the authorization of subsistence allowance payments.

Note: If, during the life of the claim, it is determined that the Veteran is eligible for the P911SA rate but has not yet elected it, the Veteran must submit a written request to retroactively change the election to the P911SA rate. The revised election must be documented in the Veteran’s electronic VR&E record as a case note.

If, after making the initial election for subsistence allowance on the VAF 28-10214, the Veteran requests to change his or her election, the Veteran must notify his or her VRC in writing, and the revised election must be documented in the Veteran's electronic VR&E record as a case note. If the Veteran authorizes his or her assigned VRC to elect the subsistence allowance rate that is most beneficial (the highest rate) based on the type of training program, the VRC must document each time the award is adjusted in the Veteran's electronic VR&E record as a case note. In accordance with 38 CFR § 21.264, the Veteran may change election only at the beginning of a term or semester, to either the CH31SA rate or the P911SA rate.

Refer to: M28C.V.B.7 for additional information on processing subsistence allowance.

If the Veteran's delimiting date for Chapter 33 expires while he or she is participating in a rehabilitation program, the Veteran may continue to receive the P911SA rate for the life of his or her claim. However, if the Veteran’s rehabilitation program is discontinued and the Veteran reapplies, he or she must meet the P911SA eligibility criteria in place at the time of entitlement determination.

f. Implementing the Rehabilitation Plan

(Change Date February 19, 2019)

The VRC must provide the Veteran notification of the authorization of services via VR-67, Positive Chapter 31 Decision Letter at Plan Development, and place a copy in the Veteran’s VR&E record.

Refer to: M28C.V.A.2 for guidance on implementing the rehabilitation plan.

g. Annual Review of the Rehabilitation Plan

(Change Date November 4, 2022)

1. Requirement for the Annual Review of the Plan

The VRC and the Veteran must conduct a comprehensive review of the Veteran's rehabilitation plan at least once every 12 months from the date of the plan, or the previous annual review of the plan in accordance with 38 U.S.C. § 3107(b) and 38 CFR § 21.96.

The annual review must be conducted for services provided under an IEEP, IWRP, IEAP, or IILP,

In addition, an annual review of the plan is required for cases maintained in Interrupted status, except for cases that have been interrupted and scheduled for case closure or discontinuance. If the case manager is unable to conduct the annual review due to the Veteran's unavailability based on the reason for interruption, the case manager must document the reason in a CWINRS Note.

2. Plan Evaluation and Review

The annual review of the plan must evaluate all terms of the plan to determine whether the Veteran will complete his or her program goal as scheduled in the rehabilitation plan. Additionally, the VRC must evaluate each intermediate objective and document the Veteran's ability to complete each objective as scheduled. The comprehensive review of the rehabilitation plan may indicate a need to modify any objectives and/or add additional objectives to assist the Veteran in completing his or her program goal.

In addition, the VRC must review estimated program costs during the annual review of the rehabilitation plan to ensure that the Veteran's program costs do not exceed the authority level approved for the original rehabilitation plan. For example, a high program cost memo may not be required during the first year of services, but tuition costs increase in subsequent years, resulting in an estimated program cost that exceeds the VRC’s approval threshold of $50,000 per calendar year. The VRC must request approval for the change of the program cost as soon as the Veteran’s program costs exceed the VRC's approval threshold.

Note: An annual review of the plan may result in a major change, minor change, or no change in the rehabilitation plan.

3. Documenting Annual Review of the Rehabilitation Plan

The narrative for the annual review of the program goal and plan objectives must address the questions specified below:

Does the specified program goal of the plan continue to be suitable?
Does each of the plan objectives continue to support the program goal?
Are the dates for the duration of services for each plan objective still accurate? If the dates have expired, describe the action(s) taken.
Are there concerns or issues that may affect the Veteran’s completion of his or her rehabilitation program? If Yes, describe action(s) taken.
Are additional rehabilitation services needed for the Veteran to complete his or her rehabilitation program? If Yes, describe action(s) taken.
Is the Veteran actively participating in the prescribed services and following the guidelines specified in VAF 28-0957, Vocational Rehabilitation Guidelines and Debt prevention?
Have the Veteran’s circumstances changed that may need an adjustment in the case management level? If Yes, explain the change and describe the action(s) taken.
Is there a change in the Veteran’s program costs? If Yes, describe action(s) taken.
Does the Veteran have a sufficient amount of Chapter 31 entitlement to complete the planned vocational objective? If No. describe the action(s) taken.
If the Veteran was discharged prior to January 1, 2013, is an extension of his eligibility termination date (ETD) needed? If Yes, describe the action(s) taken.
Does the Veteran's rehabilitation plan need any changes? If Yes, describe the action(s) taken.
When is the anticipated next annual plan review date?

Note: The annual plan review must be documented in the Veteran's electronic record or CWINRS Notes under the Case Note Category, "Annual Review".

2.05 Five Tracks to Employment

(Change Date August 15, 2013)

A determination regarding the current reasonable feasibility for achieving a vocational goal must be documented prior to track selection. Following track selection, further assessment of specific needs is conducted, a rehabilitation plan is developed, and services leading to rehabilitation are provided.

The following services may be provided under any one of the Five Tracks to Employment and all plan types:

Medical and psychological treatment referrals
Counseling, which is a required service in all plans

The Five Tracks to Employment are as follows:

a. Re-Employment

(Change Date August 15, 2013)

The re-employment track is for Veterans who served on active military service or in the National Guard or Reserves and are now returning to employers for whom they worked prior to going on active duty.

The Veteran is protected under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), and after completion of a comprehensive initial evaluation and selection of this track, services may include, but are not limited to, the following:

Vocational counseling and guidance
Reemployment rights guide
Short-term training or certification
Medical/Psychological treatment referrals
Job abilities assessment
Job site analysis
Job accommodations
Job modifications
Work adjustment assistance
Recommendation and provision of necessary assistive technologies
Development of reassignment options, if necessary
Follow-up with the employer and Veteran to ensure maintenance of employment
Personalized case management support
Consultation with the employer to assist with the stabilization of employment

If the previous employment is no longer suitable, the Veteran should be evaluated to determine if an alternative suitable vocational goal with the same employer is an option. If the Veteran can no longer return to his or her previous employer, the VRC should explore other employment options.

b. Rapid Access to Employment

(Change Date August 15, 2013)

The rapid access to employment track is determined for a Veteran who expresses a desire to obtain employment as soon as possible, already has the skills to qualify for competitive employment in a suitable career, but needs additional rehabilitation assistance. In addition, this track includes a Veteran who already owns an existing business but only needs reasonable accommodations to make the existing business suitable.

Services under this track may include, but are not limited to, the following:

Job skills assessment
Labor market analysis
Vocational counseling and guidance
Short-term training or certification (tuition, fees, books, tools, supplies)
Subsistence allowance while in short-term training
Career development and skills acquisition
Employment readiness preparation (resume writing and interview skills training)
Special employer incentives (Refer to: M28C.VI.A.3 for more information)
Self-directed and/or assisted job search
Use of specialized employment resources and/or career centers
Job site analysis
Job accommodations
Work adjustment assistance
Assistance with Veteran preference for special hiring authorities
Career counseling
Post-employment assistance and follow-up

Refer to: M28C.IV.C.4 for additional information.

c. Employment Through Long-Term Services

(Change Date August 15, 2013)

The employment through long-term services track is targeted to Veterans who need long-term services, such as remedial or refresher courses, specialized training, and/or post-secondary education, to obtain and maintain suitable employment. After completion of a comprehensive initial evaluation and selection of this track, services may include, but are not limited to, the following:

Traditional vocational assessment
Specialized testing and evaluation
Vocational counseling and guidance
Job skills assessment
Labor market analysis
Career development and skills acquisition
Training and education (tuition, fees, books, tools, supplies)
Apprenticeships
On-the-Job Training (OJT)
Non-Paid Work Experience (NPWE)
Subsistence Allowance while in training
Employment readiness preparation (resume writing and interview skills training)
Veteran preference documentation for special hiring authorities
Self-directed and/or assisted job search
Use of specialized employment resources and/or career centers
Job site analysis
Job accommodations
Special employer incentives
Work adjustment assistance
Career counseling
Post-employment consultation and assistance

Refer to: M28C.IV.C.4 for information on this track.

d. Self-Employment

(Change Date March 12, 2021)

The self-employment track is focused on Veterans who have limited access to traditional employment, need flexible work schedules, or need a more accommodating work environment due to their disabling conditions or other life circumstances. To ensure success, Veterans must have the interest, financial resources, and aptitude to pursue self-employment. After completion of a comprehensive initial evaluation and selection of this track, services are determined by the severity of the disability and limitations to employability.

The self-employment track utilizes an IWRP or a combined IWRP/IEAP. An IWRP with a Deferred Vocational Goal must not be utilized in the self-employment track.

Refer to: M28C.IV.C.5 for information on this track.

e. Independent Living

(Change Date March 12, 2021)

The purpose of IL services is to enable the Veteran, to the maximum extent possible, to live independently and participate in family and community life. IL services are also provided to increase the Veteran’s potential to return to work by providing services designed to lessen or accommodate the effects of the disability(ies). An IILP must be developed when providing a program of IL services solely. An IWRP with a Deferred Vocational Goal must not be utilized in the IL track.

Refer to: M28C.IV.C.6 for information on this track.

2.06 Employment Resources for Track Selection

(Change Date August 15, 2013)

Five Tracks to Employment, as defined in section 2.05, provides greater emphasis on exploring employment options early in the Veteran's rehabilitation planning process, greater informed choice for the Veteran regarding occupational and employment options, faster access to employment for Veterans who have identifiable and transferable skills for direct placement into suitable employment, and an option for Veterans who are not able to work, but need assistance to lead a more independent life.

The transition from a comprehensive evaluation to planning and provision of rehabilitation services includes the use of the following resources to facilitate track selection:

a. Employment Coordinator

(Change Date August 15, 2013)

VR&E Employment Coordinators (ECs) may assist Veterans with the following:

Evaluating a Veteran’s employment placement preference
Determining a preliminary track selection
Assisting with labor market information
Employment assistance to job-ready Veterans
Overseeing the activities of job readiness, to include job seeking services
Job development
Job placement
Networking opportunities

b. Job Resource Lab

(Change Date July 30, 2021)

VR&E offices may have a Job Resource Lab (JRL) that features career services designed to help Veterans prepare and distribute their resume, as well as use the Internet to research employment opportunities.

These resources include:

Career exploration
Job readiness, including resume development
Job search capabilities

The JRL expands a Veteran’s ability to actively prepare for a vocational rehabilitation program and carry out the essential functions of job readiness to achieve suitable employment.

Refer to: M28C.IV.B.2 for additional resources if the VR&E office does not have a JRL.

c. State Veterans’ Employment Representatives

(Change Date August 15, 2013)

The Disabled Veterans’ Outreach Program (DVOP) specialist and/or Local Veterans’ Employment Representative (LVER) provides the following assistance and/or services to Veterans:

Local and/or regional labor market information
Acts as a liaison with other state and local resources;
Assists in evaluation of the Veteran’s job readiness
Assists with job seeking and interviewing skills
Conducts job development and job placement activities; and
Advises on reemployment rights under USERRA, in accordance with Pub. L. 110-389

Refer to: the National Memorandum of Agreement between VR&E and the Department of Labor (DOL) Veterans’ Employment and Training Service (VETS) for additional information.

2.07 Redeveloping the Rehabilitation Plan

(Change Date November 7, 2013)

A rehabilitation plan is a contract between the VA and the Chapter 31 program participant. Thus, the plan must be signed by the VRC and the Veteran. Either the Veteran or the VRC can request a change to the rehabilitation plan at any time, in accordance with 38 U.S.C. § 3107(b).

A change to the rehabilitation program goal requires a reevaluation of the Veteran’s rehabilitation program. This is necessary if the change is major and requires the redevelopment of the primary intermediate objective. However, if the change is necessary to meet the existing rehabilitation program goal, such as changing or adding a plan objective, then a reevaluation of the program is not necessary. The VRC must work closely with the Veteran to incorporate any changes, and the Veteran must agree to the changes to their plan.

a. Obtaining the Veteran’s Cooperation

(Change Date November 7, 2013)

Successful development and implementation of the rehabilitation plan requires the full and effective participation by the Veteran and the rehabilitation professionals assigned to assist the Veteran, in accordance with 38 CFR § 21.362. The Veteran must be informed of all available services and the necessity of full participation. Using rehabilitation counseling skills, the VRC will help the Veteran develop awareness of their progress toward the rehabilitation goal. The VRC will assist the Veteran in developing coping skills and making the necessary adjustments to support rehabilitation.

b. Interaction with the Veteran

(Change Date November 7, 2013)

Establishing rapport between the Veteran and the VRC is a critical element of any rehabilitation program's success. The case manager may use the VRP's resources whenever a multidisciplinary approach would assist in reaching a decision concerning the Veteran’s rehabilitation program.

Refer to: M28C.II.A.4 for information on the VRP.

c. Major Change in the Plan

(Change Date April 26, 2023)

A change in a Veteran's rehabilitation program goal is considered a major change in the plan. This requires reevaluation of the Veteran’s rehabilitation program, which is necessary to change the Veteran’s rehabilitation program goal.

In accordance with 38 CFR § 21.94, a request to change the program goal can only be made under one of the following conditions:

Achievement of the current goal is no longer reasonably feasible, and the Veteran fully participates in and concurs with the change.
The Veteran's circumstances have changed, or new information has been developed, which makes rehabilitation more likely if a different long-range goal is established and the Veteran fully participates in and concurs with the change.

A reevaluation for a major change in the plan must assess if the change in the vocational goal meets one of the required conditions specified above. The assessment must examine the circumstances that warrant the change and the Veteran’s ability to achieve the new program goal. The narrative for the reevaluation must be documented on a new VAF 28-1902n, Counseling Record - Narrative Report (Supplemental Sheet). The justification for the new rehabilitation goal must be included and clearly explained in section 1 of this form.

This change requires signatures from the Veteran and the VRC on the revised plan. The Veteran must be provided with a copy of the signed plan, and that copy must be uploaded to VBMS. The Veteran must not change their rehabilitation program goal without the case manager's approval.

Cases in EE, IL, and JR statuses that require a major change in the rehabilitation plan must be placed in INT status. If the Veteran is pursuing training and receiving subsistence allowance at the time, the case must be placed in INT status at the completion of the term. Modification of the plan in INT status ensures that statutory time limits for providing services are not exceeded. Movement of the case from RTE status to INT status for a major change in the plan is optional based on the Veteran’s circumstances.

Refer to: M28C.III.A.1 for information on case status movements when changes are made to the plan.

The Veteran must be notified in writing regarding authorization of services based on the major change in the rehabilitation plan using VR-67, Positive Chapter 31 Decision Letter at Plan Development. A copy of the letter must be uploaded in VBMS.

d. Minor Change in the Plan

(Change Date October 18, 2023)

A changes in the intermediate objectives or services in a plan, such as a change in training facility, period of services, anticipated completion date, or adding a new objective in the plan, are considered a minor change.

The change must be necessary to achieve the Veteran's stated long-term goal. The VRC/VRS must work closely with the Veteran to incorporate the change(s) into their plan. The Veteran's signature is not required on the revised plan. However, the Veteran must agree with the minor change(s) to the plan via email or the electronic Virtual Assistant (e-VA), which must be documented in the Veteran's electronic record. The VRC/VRS must upload a copy of the revised plan in VBMS.

Refer to: Appendix EL, Vocational Rehabilitation Specialist Standard Operating Procedures for a detailed description of roles and responsibilities.

e. Disagreement Regarding Changes to the Rehabilitation Plan

(Change Date February 19, 2019)

The Veteran must be notified of the adverse action decision using VR-58, Ch31 Adverse Decision Letter, and VAF 20-0998, Your Right to Seek Review of our Decision, if one of the following conditions occurs:

1. If the VRC determines that a change in the plan is necessary, but the Veteran does not concur with the change.

2. If the Veteran requests a change in the plan, but the VRC does not approve of the change.

The Veteran may elect to exercise his or her appellate rights, including a request for a higher-level review, provide new evidence for a supplemental claim, or appeal the proposed or denied change to the plan.

Refer to: M28C.III.C.2 for information on Veterans’ appellate rights, responsibilities, and due process.

f. Redevelopment of the Self-employment Plan

The development of a self-employment plan consists of two phases:

Phase One: Develop a rehabilitation plan to determine whether the proposed business is feasible and viable.
Phase Two: If the business is found feasible and viable, redevelop the rehabilitation plan to include the services needed to achieve the selected vocational goal.

The requirements for redeveloping a plan in sections c and d above do not apply to the self-employment plan. However, the Veteran must sign and must be provided a copy of the redeveloped rehabilitation plan.

2.08 Determining Program Participation Rates

(Change Date August 15, 2013)

38 CFR § 21.310 provides detailed information on determining the rate of pursuit in a rehabilitation program and how to calculate rates for different types of programs. The rate of pursuit must be considered in rehabilitation planning due to its impact on service duration and other factors.

a. Participation Rates

(Change Date October 1, 2020)

Participation in a rehabilitation plan should be full-time, if possible. However, the goal of full-time participation may not be possible based on the Veteran’s circumstances. Pursuit at less than full-time may be approved after careful consideration of all relevant factors, including, but not limited to the following:

Effects of disability(ies)
Family responsibilities
Economic circumstances
Determination of Reduced Work Tolerance (RWT)
Veteran’s employment status

Participation at less than half-time may be approved on a temporary basis if it is specifically identified in the plan and/or a determination of RWT has been made. The VRC must determine whether the rate of pursuit can be increased to at least half-time upon the completion of the term. In accordance with 38 CFR 21.260, subsistence allowance is not payable when pursuing a plan at less than half-time unless a determination of RWT has been made or unless one-quarter time is allowable for the Veteran under an IEEP or IILP.

The rehabilitation plan may be developed to enable the Veteran to pursue part-time training if the Veteran is working or intends to work full-time. The VRC must determine the rate of pursuit based on the following factors:

Employment status (e.g., shift work and its potential impact on the Veteran’s ability to participate in the plan.)
Financial needs
Remaining entitlement and eligibility termination date
Anticipated program completion date

VA will consider that a Veteran with RWT is pursuing a rehabilitation program full-time when the amount of time the Veteran is devoting to his or her program is as great as the effects of his or her disability (service and non-service-connected) will permit. This information must be considered when evaluating a Veteran’s work tolerance and must be communicated to the Veteran to help him or her establish an appropriate schedule of activity.

Refer to: M28C.V.B.7 for guidance on calculating entitlement use for less than half-time participation, and M28C.V.A.2 for detailed information on a non-traditional rehabilitation program rate of pursuit.

b. Reduced Work Tolerance

(Change Date July 16, 2021)

RWT occurs when a Veteran’s functional limitations resulting from disability(ies) affect their ability to participate in a rehabilitation plan on a full-time basis, in accordance with 38 CFR § 21.312.

Note: When requesting information from a non-VA healthcare provider, VAF-21-4142, Authorization and Consent to Release Information to the Department of Veterans Affairs must be provided to the healthcare provider.

1. Referral for Reduced Work Tolerance Determination

(Change Date July 16, 2021)

In accordance with 38 CFR § 21.312, the VRC must make a referral to a physician, physician assistant, or nurse practitioner who will make the initial determination, as well as any later redeterminations of work tolerance, using VAF 28-8861, Request for Medical Services-Chapter 31.

The VRC must place the following statement in Item #8 on VAF 28-8861, “This is a request for evaluation for reduced work tolerance (RWT) by a physician, physician assistant, or nurse practitioner under the provision of 38 CFR § 21.312. This evaluation is necessary to determine the Veteran’s ability to pursue vocational training under the Chapter 31 program. This determination must specify the Veteran’s approved rate of pursuit for training considering the Veteran’s disability condition(s)”. In addition, the physician’s, physician assistant's, or nurse practitioner's decision must be indicated in Item #14A, stating that either the Veteran is approved and indicates the approved number of hours per week, or the Veteran is not approved for RWT. A separate medical report is also requested and should be indicated in Item #14B. Reevaluation is required annually.

2. Documentation of Reduced Work Tolerance

(Change Date July 16, 2021)

Upon completion of an examination, assessment, or review of the medical record, the physician, physician assistant, or nurse practitioner documents the findings in the Veteran’s electronic medical record and informs the VRC of his or her findings.

3. Communicating the Determination of Reduced Work Tolerance

(Change Date July 16, 2021)

Upon determining an RWT, the VRC must discuss the determination and its impact on the rehabilitation plan with the Veteran. This communication should be conducted in person or by telephone.

The VRC must convey the following information to the Veteran:

The amount of time the Veteran will be expected to participate per week to be considered full-time, as indicated by the Veteran’s physician, physician assistant, or nurse practitioner. This amount of time includes the time the VRC and Veteran estimate it will take to travel to and from the training facility, as well as the time the Veteran will spend in preparation for or practice of training.
An explanation regarding the completion of the program within the Veteran’s remaining entitlement or the required approval of an extension of entitlement.
An explanation that the subsistence allowance is payable at the full-time rate if the Veteran participates at the rate identified by a physician, physician assistant, or nurse practitioner.
Participation at a lower rate requires a redetermination of reduced work tolerance by a physician, physician assistant, or nurse practitioner.

For example: The physician determines the Veteran can participate in six credit hours per semester, which includes the amount of time to travel, prepare, and practice for training. If the Veteran registers for six credit hours, then the subsistence allowance is payable at the full-time rate. However, if the Veteran pursues any rate less than six credit hours, subsistence allowance is not payable, and a redetermination of reduced work tolerance must be completed.

An explanation that other activities, such as employment (including work study), are prohibited as a result of the determination of RWT because it would further reduce the Veteran’s ability to participate in training.

The VRC must document this communication in the Veteran’s VR&E record in an electronic case note and file a copy of the letter sent to the Veteran, which explains the determination of RWT and the impact.

4. Notification of Determination of Reduced Work Tolerance

(Change Date February 19, 2019)

If RWT is granted, the VRC must send VR-64, Chapter 31 Positive Decision Letter with VAF 20-0998, to ensure a complete understanding of the determination.

If RWT is denied because the Veteran does not meet the criteria outlined above, the VRC must send VR-58, Chapter 31 Adverse Decision Letter. This letter must include VAF 20-0998.

5. Redetermination of Reduced Work Tolerance

(Change Date July 16, 2021)

In accordance with 38 CFR § 21.312, the Veteran’s work tolerance must be reevaluated at least yearly by a physician, physician assistant, or nurse practitioner, or whenever there is evidence of a change in work tolerance sufficient to warrant a modification in the rate of pursuit. The rate of pursuit required to meet the standards of full-time pursuit will be modified if a physician, physician assistant, or nurse practitioner determines that the Veteran’s work tolerance has increased or decreased. The VRC must inform the Veteran of the physician’s, physician assistant's, or nurse practitioner redetermination, via VR-58 and VAF 20-0998, or VR-64 and VAF 20-0998, and file a copy in the Veteran’s VR&E record.

6. Disagreement with Determination

(Change Date February 19, 2019)

If the Veteran disagrees with a determination or redetermination of RWT, in accordance with 38 CFR § 3.2500 and M28C.III.C.1, he or she may elect to exercise appellate rights, including:

Request a higher-level review,
Provide new evidence for a supplemental claim, or
Appeal the proposed or denied determination through the Board of Appeals.

Refer to: VAF 20-0998 and M28C.III.C.2 for information on these options.

2.09 Case Management Appointments and Contacts

(Change Date September 2, 2020)

A case management appointment is defined as a face-to-face meeting with Veterans that covers vocational, medical, financial, academic, and any other issues impacting progress. The VRC must conduct case management appointments according to the assigned case management level outlined below. Case management appointments and the annual review of the plan must be conducted in person or via Tele-counseling. Communication using e-VA must not be used to replace the requirements for case management appointments or the annual review of the Veteran's rehabilitation plan.

A contact is defined as a two-way means of communication between the case manager and the Veteran, which includes, but is not limited to, a Veteran's inquiry, request for assistance, response to a scheduled appointment, and /or submission of requested information. The VRC must conduct follow-up actions to address any issues that have been identified and may impede a Veteran's progress in his or her rehabilitation program.

The Veteran’s rehabilitation plan must include an identified case management level and a schedule for frequency of case management visits.

Refer to: M28C.V.A.2 for information regarding case management assistance.

a. Case Management Level and Frequency of Appointments

(Change Date July 14, 2022)

Each Veteran must be assigned a case management level, which must be documented on the VAF 28-10214, VAF 28-1902n, and in CWINRS within the Rehabilitation and/or Employment tab under “Supervision Level”.

Refer to M28C.V.A.2.01.c for assignment of the levels of case management.

b. Case Management Level Assignment based on Type of Program

(Change Date March 12, 2021)

The case management level determines the frequency of a Veteran's case management appointments. The case management level designations for the type of program the Veteran is pursuing are outlined in M28C.V.A.2.01.d in detail, which includes specific school or training programs.

c. Contacts

(Change Date September 2, 2020)

Contacts are made to follow up on issues identified through scheduled case management appointments or other case management activities.

These contacts may be conducted by using one of the following methods:

Face-to-face meeting
Telephone
Email
Letter
Tele-counseling
Electronic Virtual Assistant (e-VA)

d. Tele-counseling

(Change Date December 17, 2014)

Tele-counseling can be integrated into the required case management activities for Veterans participating in a specified service plan. It may serve as an alternative or complement to in-person case management appointments, which provide Veterans with a means to communicate progress, concerns, and rehabilitation needs, and consequently obtain assistance and guidance from their assigned case manager. The use of Tele-counseling is voluntary and may not be required as part of the Veteran’s rehabilitation program.

Refer to: M28C.IV.A.1 for additional information on Tele-counseling.

2.10 Corporate WINRS Actions

a. Corporate WINRS Claims Processing Tab

(Change Date February 14, 2017)

When the VRC and the Veteran agree upon the services to be provided during the rehabilitation plan, the VRC must update the Veteran’s record in Corporate WINRS (CWINRS). When adding the Rehabilitation Plan, CWINRS requires updates to the claims processing and disposition tabs before developing the IWRP.

The case manager must:

Ensure the SEH indicator is set to “Yes” or “No” as applicable by using the Update Disposition function on the Claims Processing tab. (Note: For IEEP or IILP, the Veteran must be designated as having an SEH.)
Select Entitlement Code from the drop-down list.
Select the correct Rehabilitation Claim Disposition from the drop-down list.
Allow CWINRS default selection of Award Payment System.
Enter Pre-Rehab Salary using 4 digits, with the maximum entry of 9999.
Enter the date that Evaluation and Planning status is closed. (Note: This action only occurs after the rehabilitation plan has received all required approvals and has been signed by the VRC and Veteran.)

b. Corporate WINRS Rehab Tab

(Change Date July 14, 2022)

When the VRC and the Veteran have agreed upon the services to be provided in the rehabilitation plan that includes services under an IWRP, combined IWRP/IEAP, IEEP, or IILP, the VRC must complete the rehabilitation plan data fields under the Rehab tab of CWINRS by completing the following steps:

On the Rehab Tab, select Add Plan to enable the Plan functionality.
Select program plan IWRP for an IWRP or a combined IWRP/IEAP, or select IEEP, or select IILP, as appropriate.
Select the appropriate Track Selection drop-down option.
Set Program Cost Limit from the drop-down option.
Enter the annual review date.
Enter the Plan Modified date, as applicable.
Select “no” or “yes” as appropriate for Self-Employment Goal.
Set Supervision Level as 1, 2, or 3, as appropriate.
Enter the DOT code.
Enter the Program Goal.
Click OK to save the plan.
To add individual objectives, click Edit Plan on the Rehabilitation Plan screen.
Enter the appropriate information into each field on the objective, then click OK. Repeat for each required objective.
Click the Service Detail button and select Service Type, Service Detail Type, and Progress Status, and complete as appropriate. Refer to Appendix F, Instructions for Adding and Updating Service Types, Service Details, and Progress Status for detailed information on service types.
Click Print to generate VAF 28-10214, Rehabilitation Plan, and VAF 28-0957, Vocational Rehabilitation Guidelines and Debt Prevention.
Prepare High Program Cost Memo as needed based on approval levels for program costs, in accordance with M28C.V.B.1. The high cost memo is located under the Rehab Tab and can be accessed by clicking “View Plan” and choosing the “High Cost Memo” button.
Prepare any required forms or memorandums for other approvals, such as retroactive induction, firearms, etc., outside of the Rehab tab.

c. Corporate WINRS Employment Tab

(Change Date July 14, 2022)

When developing a combined IWRP/IEAP, the Add Plan function on the Employment tab must be completed to ensure this information is captured in VR&E reporting tools. The basic IEAP information includes the type of plan, track selection, program cost limit, DOT code, supervision level, self-employment, and the program goal. The intermediate objectives of the plan do not need to be re-entered under the Employment tab in CWINRS, as long as the employment-related objectives appear on the plan developed under the Rehabilitation tab.

Refer to: M28C.VI.A.2 for further guidance on case management for employment services.

When the VRC and the Veteran have agreed upon the services to be provided in the rehabilitation plan that includes services under an IEAP or combined IWRP/IEAP, the VRC must complete the employment plan data fields under the Employment tab of CWINRS by completing the following steps:

On the Employment Tab, select Add Plan to enable the plan functionality.
Select the program plan IEAP.
Select the appropriate track selection drop-down option.
Set Program Cost Limit from the drop-down option.
Enter the annual review date.
Enter the Plan Modified date, as applicable.
Choose “no” or “yes,” as appropriate, for self-employment goal.
Set Supervision Level,
Enter the DOT code.
Enter the Program Goal.
Click OK to save the plan.
Prepare High Program Cost Memo as needed based on approval levels for program costs, as outlined in M28C.V.B.1. The high program cost memo is located under the Rehab Tab and can be accessed by clicking “View Plan” and choosing the “High Cost Memo” button.
Prepare any required forms or memorandums for other approvals, such as retroactive induction, firearms, etc., outside of the Employment tab.

If the IEAP is being developed as a combination IWRP/IEAP, stop here, as the employment objective(s) is/are already outlined in the Rehab tab.

If an IEAP is being developed, add information into the IEAP under the Employment tab as follows:

Click Edit Plan to add individual objectives on the Employment Plan, then click OK to save.
Repeat for each objective.
Click Print to generate VAF 28-10214, Rehabilitation Plan.

d. Service Types, Service Detail Types, and Progress Status

(Change Date August 6, 2014)

VR&E staff must add service types and service detail types to every rehabilitation plan objective to capture comprehensive information about the services VR&E participants receive. In addition, it is necessary for VR&E staff to update the progress toward the completion of each objective throughout case management.

This information will be required when any of the following actions occur:

A new rehabilitation plan is developed.
A new objective is added to an existing rehabilitation plan.
The rehabilitation plan is amended.
Case status is changed, including when a case is moved to Rehabilitated (REH) or Discontinued (DIS) status.

Refer to: Appendix F, Instructions for Adding and Updating Service Types, Service Details, and Progress Status, for detailed procedural guidance.

e. Amending the Rehabilitation Plan in Corporate WINRS

(Change Date February 14, 2017)

To make minor change(s) in a rehabilitation plan in CWINRS, follow these steps:

Click the Edit Plan option in the Rehab tab.
Highlight the objective to be adjusted by clicking on it and click Edit.
After making the needed adjustments to the objective, click OK to save.

f. Redeveloping the Rehabilitation Plan in Corporate WINRS

(Change Date February 14, 2017)

To make major change(s) in a rehabilitation plan in CWINRS, follow these steps:

Close out the objectives of the existing plan by updating the progress status to either “Achieved” or “Closed/Uncompleted” using the Service Detail button.
After closing out Service Details on all plan objectives, use the “Amend Plan” function on the Rehab tab or Employment tab, as appropriate, to overwrite the existing plan.
Follow the steps for adding a new rehabilitation plan.

g. Case Status

(Change Date February 14, 2017)

Update CWINRS case status after all required approvals have been received and the plan has been signed by both the Veteran and the VRC. Current procedures established for case status movement during plan redevelopment must be followed.

Refer to: M28C.III.A.1 for additional information.

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