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Veterans’ Benefits: The Veteran Readiness and Employment Program

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Veterans’ Benefits: The Vocational Rehabilitation and Employment Program Christine Scott Specialist in Social Policy Carol D. Davis Information Research Specialist January 11, 2011Benjamin Collins Analyst in Labor Policy March 26, 2012 Congressional Research Service 7-5700 www.crs.gov RL34627 CRS Report for Congress Prepared for Members and Committees of Congress Veterans' Benefits: The Vocational Rehabilitation and Employment Program Summary The number of servicemembers, National Guard, and Reservists who separate from active duty with service-connected disabilities is expected to rise as a result of the engagement of the U.S. Armed Forces in Operation Iraqi Freedom and Operation Enduring Freedom. There is concern in Congress that these individuals receive the care and services that will enable them to transition successfully back to civilian life. These veterans must be able to rejoin their families and communities, become employed, and continue to enjoy the highest quality of life possible, given their disabilities. Congress authorized the Department of Veterans Affairs (VA), through the Vocational Rehabilitation & Employment Service (VR&E), to provide the support disabled veterans need to successfully complete rehabilitation plans tailored to their individual needs. The VR&E has recently restructured its program in an effort to better accomplish the goal of enabling disabled veterans to gain appropriate employment or live independently. More specialists and counselors have been hired in regional VA offices, and the VR&E has instituted outreach efforts to encourage more veterans who might be eligible for these services to apply to participate in the program. The VR&E has also entered into cooperative agreements with other federal agencies, such as the Department of Labor and the Department of Education, and with private organizations to provide an integrated approach to addressing the employment needs of disabled servicemembers and veterans. The VR&E administers four programs: (1) training and rehabilitation for veterans with serviceconnected disabilities; (2) vocational and educational counseling; (3) vocational training for Vietnam veterans’ children with Spina Bifida; and (4) special restorative training. In addition, the Coming Home to Work Program of the VR&E Service is designed to facilitate the veteran’s return to the work force with maximum speed. This report describes VR&E program services available to veterans with service-connected disabilities and to their families. It provides information about eligibility and entitlement, the application process, and resources available through other agencies. A brief history of the program is also provided. This report will be updated as relevant legislative activity warrants. Congressional Research Service Veterans' Benefits: The Vocational Rehabilitation and Employment Program Contents History........................................................................................................................................1 The VR&E Program....................................................................................................................2 Case Management.......................................................................................................................2 The Five-Track Service Delivery System ....................................................................................4 Re-Employment Track ..........................................................................................................4 Rapid Access to Employment Track ......................................................................................4 Self-Employment Track ........................................................................................................4 Employment through Long-Term Services Track...................................................................4 Independent Living Services Track........................................................................................4 Vocational-Educational Counseling .............................................................................................6 Children with Spina Bifida and Other Birth Defects ....................................................................7 Special Restorative Training........................................................................................................7 The Coming Home to Work Program ..........................................................................................8 Eligibility and Entitlement ..........................................................................................................8 Eligibility..............................................................................................................................8 Entitlement ...........................................................................................................................9 What is an Employment Handicap?............................................................................... 10 What is a Serious Employment Handicap? .................................................................... 10 Period of Eligibility............................................................................................................. 10 The Application Process............................................................................................................ 11 Utilization of VR&E Services ................................................................................................... 11 Current Issues ........................................................................................................................... 12 Other Employment Assistance Programs for Disabled Veterans ................................................ 13 Other VA Programs ............................................................................................................. 13 The Compensated Work Therapy Program .................................................................... 13 The National Veterans Employment Program ................................................................ 14 Federal Government Programs ............................................................................................ 14 Computer/Electronics Accommodations Program.......................................................... 14 The Department of Education: Office of Special Education and Rehabilitation Services Administration ............................................................................................. 14 The Department of Labor: Veterans Employment and Training Services ........................ 14 The Office of Personnel Management............................................................................ 15 The Small Business Administration ............................................................................... 15 Military Programs ......................................................................................................... 16 Tables Table 1. Vocational Rehabilitation & Employment Program Statistics, FY2009 ......................... 12 Congressional Research Service Veterans' Benefits: The Vocational Rehabilitation and Employment Program Contacts Author Contact Information ...................................................................................................... 17 Acknowledgments .................................................................................................................... 18 Congressional Research Service Veterans' Benefits: The Vocational Rehabilitation and Employment Program C ongress is concerned that servicemembers, National Guard, and Reservists involved in Operation Enduring Freedom and Operation Iraqi Freedom who are being discharged from military service with service-connected disabilities receive timely and effective vocational rehabilitation services. The Vocational Rehabilitation and Employment Program (VR&E), one of five major programs administered by the Veterans Benefits Administration (VBA) of the Department of Veterans Affairs (VA), addresses this concern.1 The program’s purpose is to counsel and rehabilitate veterans, with an emphasis on employment and independent living. The program provides comprehensive services and assistance to enable veterans with service-connected disabilities and employment handicaps2 to achieve maximum independence in daily living, to become employable, and to obtain and maintain suitable employment. For severely disabled veterans, the goal is to help them achieve the highest quality of life possible with a future chance of employment, given medical and technological advances. The VR&E service delivery strategies differ from those of many other VBA programs as they require personal interaction with the veteran to deliver services and have the largest network of service delivery points of any VBA program. 3 History In 1918, Congress passed P.L. 65-178, the Vocational Rehabilitation Act, to provide for the retraining and placing in productive occupations of disabled persons who had served in the U.S. military and naval forces. The rehabilitation program was administered by the Federal Board for Vocational Education. On August 24, 1921, control of veterans’ rehabilitation was transferred to the newly created Veterans’ Bureau. In 1930, Congress created the Veterans Administration by combining three bureaus, the Veterans’ Bureau, the Bureau of Pensions, and the National Homes for Disabled Volunteer Veterans. In 1943, Congress passed P.L. 78-16, which provided that any eligible veteran may receive up to four years of training specifically directed to restoring employability. To be eligible for this training, the veteran must • have been in the active military or naval service at any time after September 16, 1940, and during World War II; • have been discharged under circumstances other than dishonorable; • have a disability incurred in, or aggravated by, such service for which a pension is payable under the laws administered by the VA or would be but for the receipt of military retirement pay; and • be in need of vocational rehabilitation to overcome the handicap caused by such service-connected disability. Under this program, the VA provided services to 621,000 World War II disabled veterans. 1 The other four are compensation and pension, life insurance, education, and loan guaranty. The term employment handicap is defined by law in 38 U.S.C. §3101. 3 The VR&E program is authorized under 38 U.S.C. Chapter 31. 2 Congressional Research Service 1 Veterans' Benefits: The Vocational Rehabilitation and Employment Program Over the years, the scope of the VR&E program has been modified and expanded through legislation to better fulfill its mission. The program has undergone many name changes and has often been aligned with the education services of the VBA. In 1999, the program acquired its current name with the intention of placing more emphasis on employment services. Today, the VA handles the rehabilitation of disabled veterans through the VR&E program. The VR&E Program In 2004, the Secretary of Veterans Affairs responded to continuing criticisms of the VR&E’s operations from committees of Congress,4 the Government Accountability Office (GAO), and others, by forming a task force to evaluate the program. The task force report5 found little evidence that the program’s efforts to obtain jobs for rehabilitated veterans had been as successful as intended by Congress. The task force felt that the VR&E staff was doing a good job for veterans; however, it also recognized the need for a more effective rehabilitation program to enable veterans to resume independent living and lead productive lives as soon as possible. According to the report, the foundation of the 21st century VR&E program should shift its focus to an individual’s ability and away from an individual’s disability. The task force report made 110 recommendations for the program’s improvement. By the end of FY2007, over 89 of the 110 recommendations had been implemented. 6 Before 1980, successful rehabilitation was defined as completion of a training program for suitable employment and not actual job placement. The task force identified this as an area that needed improvement. Under the current program, VR&E staff must make sure that a veteran understands that the primary goal of the VR&E program is employment and encourage and motivate him or her toward obtaining a job while in the rehabilitation program. The VR&E has stationed 83 Employment Coordinators (ECs) at regional VA offices across the country with the primary task of providing disabled veterans with any necessary job-readiness skills as well as job referral or placement services. Efforts have been made by the VA to increase employment opportunities for disabled veterans through partnerships with the Department of Labor, other federal agencies and organizations, and with employers across the nation. Case Management A case manager is assigned to each recipient of VR&E services. The case manager works with a Vocational Rehabilitation Counselor (VRC) who must determine if, and why, the disabled veteran has experienced employability restrictions (or employment handicaps). A written rehabilitation plan must be developed by the VA and the veteran, describing the goal of the VR&E program and 4 Congressional Commission on Servicemembers and Veterans Transition Assistance, Congressional Commission on Servicemembers and Veterans Transition Assistance, January 1999, pp. 84-85, available at http://www.va.gov/vetbiz/ library/Transition%20Commission%20Report.pdf. 5 U.S. Department of Veterans Affairs, VA Vocational Rehabilitation and Employment Task Force, Report to the Secretary of Veterans Affairs: The Vocational Rehabilitation and Employment Program for the 21st Century Veteran, 2004, hereinafter referred to as the VR&E Task Force Report, available at http://www1.va.gov/op3/docs/ VRE_Report.pdf. 6 U.S. Department of Veterans Affairs, FY2007 Performance and Accountability Report, November 15, 2007, Part I, p. 55, available at http://www.va.gov/budget/report/2007/index.htm. Congressional Research Service 2 Veterans' Benefits: The Vocational Rehabilitation and Employment Program the means through which the goal will be achieved. The VRC will work with the veteran to assess his or her status and help to develop the written rehabilitation plan. The VRC and the case manager help the veteran to achieve the goals of the agreed upon written plan for employment or independent living. The VRC or case manager may provide referrals for medical and dental services, coordination of training allowances, tutorial assistance, or other services to achieve rehabilitation. The rehabilitation phase of the VR&E program includes the following key components: • evaluation and planning; • extended evaluation; • rehabilitation and employability (training or education); • independent living; • job ready status; and • interrupted status. Under the current VR&E program, a veteran whose eligibility and entitlement have been established must not only complete the rehabilitation plan, but he or she will also be tracked to attainment of suitable employment based on the plan’s goals. By law, 7 the VR&E services provided include the following: • educational, personal, and psychological counseling and evaluation; • vocational training benefits; • loans; • monthly subsistence allowance and work study allowance; • medical benefits, including treatment, care, prosthetic appliances, and eyeglasses; • any family support that is necessary to aid rehabilitation; • case management services; • travel and incidentals’ allowance to defray costs of expenses incurred during rehabilitation, job seeking, and initial employment; • special services related to blindness and deafness; • assistance with independent living services; • placement and employment services; and • post placement services to ensure satisfactory adjustment in employment. One of the task force’s major recommendations led to the development of a new Five-Track Service Delivery System designed to make the VR&E’s services more employment-driven. Veterans must choose one of the following five tracks to reach their employment goals: Re7 38 U.S.C. § 3100, § 3104, § 3109, and § 3120. Congressional Research Service 3 Veterans' Benefits: The Vocational Rehabilitation and Employment Program employment; Rapid Access to Employment; Self-Employment; Employment through Long-Term Services; or Independent Living Services. The five tracks are described briefly below. The Five-Track Service Delivery System Re-Employment Track The Re-employment Track helps veterans and members of the National Guard and the Reserves return to jobs held prior to active duty. Veterans, National Guard, and Reserve members may be provided with job accommodations, job modification, case management, coordination, and linkages to services with VA healthcare, re-employment rights advice, work adjustment services, and consultations with employers. Rapid Access to Employment Track The Rapid Access to Employment Track emphasizes the goal of immediate employment and is available to those who already have the skills to compete in the job market in appropriate occupations. Among other things, veterans may be provided job readiness preparation, resume development, job search assistance, and accommodations. ECs provide post-employment followup. Self-Employment Track This track is for veterans who have limited access to traditional employment and need flexible work schedules and a more accommodating work environment because of their disabling conditions or other special circumstances. Veterans may be provided an analysis of the viability of a business concept, development of a business plan, training in the operation of small businesses, marketing and financial assistance, and guidance on obtaining adequate resources to implement the business plan. Employment through Long-Term Services Track Under this track, the VR&E assists veterans who need specialized training or education to obtain and maintain suitable employment. Training or education (or both) may be provided, including on-the-job training, apprenticeships, internships, job shadowing, work monitoring, work-study, public-private job partnering, or higher education sufficient to obtain suitable entry-level employment. Independent Living Services Track The Independent Living Services Track is for veterans who may not be able to work immediately and need additional rehabilitation to enable them to live more independently. Veterans may be provided with assistive technology, independent living skills training, and connections to community-based support services. Congressional Research Service 4 Veterans' Benefits: The Vocational Rehabilitation and Employment Program The Independent Living (IL) Program is designed to help veterans whose service-connected disability or disabilities may be so severe that they are unable to immediately pursue an employment goal. It helps them to be able to live independently, participate in family and community life, and increase their potential to return to work. The IL program was established under P.L. 96-466, the Veterans Rehabilitation and Education Amendments of 1980, with an annual cap of 500 new cases per fiscal year. In succeeding years, the number of cases grew as the program’s success in helping severely disabled veterans gain greater independence in daily living was recognized. The cap was increased by P.L. 107-103, the Veterans Education and Benefits Expansion Act of 2001, to 2,500 new cases per fiscal year. The Veterans’ Benefits Improvement Act of 2008 (P.L. 110-389) further increased the cap to 2,600 new cases per fiscal year. The Veterans’ Benefits Act of 2010 (P.L. 111-275) increased the cap to 2,700 for fiscal years beginning after enactment (FY2012). Program expenditures are generally capped at $25,000 per veteran per calendar year. For expenditures over this amount, the counselor must get approval from the local VR&E office. The Director of the VA Regional Office must approve costs exceeding $75,000 per veteran per calendar year. For program costs above $100,000 per veteran per calendar year and IL-related construction costs exceeding $25,000 per calendar year, approval must be sought from the Director of the VR&E Service. 8 IL programs for veterans are usually 24 months in duration, but they may be extended for an additional six months in exceptional circumstances. P.L. 110-389 provided a waiver from the 24-month limitation if the VA Secretary determines that additional time is need for a veteran with post 9/11 service who has a severe disability. Assessment for participation in the IL program is done by counselors with specialized experience and training and is usually done in the veteran’s home. The counselor works with the veteran to develop an IL plan that outlines the goals, services, and assistance to be provided and benchmarks to be used to determine progress in achieving greater independence in daily living. Services are tailored to the veteran’s individual needs. To meet the needs of veterans with severe disabilities and mobility impairments, VR&E’s IL program works with the VA’s Loan Guaranty Service and the Specially Adapted Housing (SAH) grant program,9 the Home Improvements and Structural Alterations (HISA) program, the Automobile Adaptive Equipment program, and the Visually Impaired Services Team (VIST). The VR&E also works with the Committee on Care of Veterans with Severe Mental Illness (SMI)10 and the Traumatic Brain Injury Caregivers Panel.11 8 Testimony of Ruth Fanning, Director, VA’s VR&E Service, before the House Committee on Veterans’ Affairs, Subcommittee on Economic Opportunity, Independent Living Program, 110th Cong., 2nd Sess., July 10, 2008. 9 For information on housing and automobile grants, see CRS Report RL34626, Veterans’ Benefits: Benefits Available for Disabled Veterans, by Christine Scott and Carol D. Davis. 10 The 2004 VR&E Task Force Report noted “that the single largest group of veterans for whom an employment plan is not considered feasible was for veterans with psychiatric disabilities,” p. A-64. 11 P.L. 110-181, signed by President George W. Bush on January 28, 2008, mandated the creation of the Traumatic Brain Injury Caregivers Panel to develop coordinated, uniform, and consistent training curricula to be used in training family members in the provision of care and assistance to current and former members of the Armed Forces with traumatic brain injury. For details see CRS Report RL34371, “Wounded Warrior” and Veterans Provisions in the FY2008 National Defense Authorization Act, by Sarah A. Lister, Christine Scott, and Sidath Viranga Panangala Congressional Research Service 5 Veterans' Benefits: The Vocational Rehabilitation and Employment Program IL program services may include the following: • training in activities of daily living; • attendant care during period of transition; • transportation when special arrangements are required; • assistive technology; • specialized medical, health, and rehabilitation services; • services to address any personal and/or family adjustment issues; • peer counseling; • housing integral to participation in a program of special rehabilitation services; • training in independent living skills; • connection with community-based support services; • training to improve awareness of rights and needs; • assistance in identifying and maintaining volunteer or supported employment; • services to decrease social isolation; and • adaptive equipment that increases functional independence. A veteran eligible for the IL program must submit a completed application Form VA 28-1900 for VR&E services. He or she must also undergo a comprehensive evaluation by a counselor who will determine if the veteran is entitled to program services and if the IL program is appropriate for the veteran. Vocational-Educational Counseling The VR&E also provides a wide range of vocational-educational counseling to active duty servicemembers as well as to veterans and their dependents who are eligible for education benefits. 12 The VR&E program is distinct from the Montgomery GI Bill.13 Servicemembers are eligible for these services six months prior to discharge from active duty or within one year after discharge. The services are designed to help these individuals choose a vocational direction and the course necessary to achieve their goals. Assistance may include testing for aptitude, exploring occupations, setting occupational goals, locating the right type of training program, and exploring educational or training facilities to achieve a vocational goal. If a disabled veteran is enrolled in a vocational rehabilitation program, the VR&E pays the cost of tuition, fees, required books, supplies, and equipment. The VR&E may also pay for supportive services such as medical and dental care, prosthetic devices, lip-reading training, and signing for the deaf. 12 Dependents are eligible for benefits under 38 U.S.C. Chapters 18, 32, 30, and 35. See CRS Report R40723, Educational Assistance Programs Administered by the U.S. Department of Veterans Affairs, by Cassandria Dortch. 13 Congressional Research Service 6 Veterans' Benefits: The Vocational Rehabilitation and Employment Program The goal of the education component of the VR&E program is to “address the continuum of ‘life cycle’ needs that a veteran with disabilities experiences, of which education may—or may not— be a necessary part. The focus will be the rehabilitation and employment needs of the 21st century service-connected disabled veteran.”14 Veterans who need additional education or training to become employable are paid a subsistence allowance while they participate in vocational rehabilitation training. This subsistence allowance is larger than the stipend under the GI Bill program. It is based on whether training is part-time or full-time, the number of dependents, and the type of training. 15 The Post-9/11 Veterans Educational Assistance Improvements Act of 2010 (P.L. 111-377) permits veterans eligible for education benefits under the Post-9/11 GI Bill to elect, beginning August 1, 2011, an alternative to the Chapter 31 subsistence allowance. The alternative subsistence allowance is the Basic Allowance for Housing (BAH) for a servicemember (at pay grade E-5) with dependents in the area (ZIP code) where the institution providing rehabilitation is located. Children with Spina Bifida and Other Birth Defects The VR&E provides services to children of Vietnam veterans who were born with Spina Bifida 16 or may have other covered birth defects. These children are entitled to receive vocational training, education, and employment services as well as other career-directed support services. These services generally last 24 months, but they may continue if the child has been unsuccessful in attaining suitable employment. Services provided differ from those provided to veterans in the following ways. There is • no subsistence allowance; • no adaptation of automotive equipment; • no extension of evaluation of employability beyond 30 days; and • no independent living program. Special Restorative Training The VR&E may also provide special restorative training and counseling to eligible spouses and children17 to help them to overcome or lessen mental or physical disabilities. Once eligible, the spouse or children will receive a comprehensive evaluation to identify the best program or services for their needs. A case manager assists the family member throughout the entire program. The family member is also entitled to an accelerated educational assistance allowance for high 14 The VR&E Task Force Report, p. 165. For current rates see the Department of Veterans Affairs rate tables, available at http://www.vba.va.gov/bln/vre/doc/ sa_rates.pdf. 16 38 U.S.C. Chapter 18. 17 38 U.S.C. Chapter 35. 15 Congressional Research Service 7 Veterans' Benefits: The Vocational Rehabilitation and Employment Program tuition programs. 18 Normal assistance may continue until the spouse or child has achieved the goals of the special restorative training program. The Coming Home to Work Program The VR&E has established job resource labs in its regional offices, as well as an online employment resource known as VetSuccess.gov.19 The Coming Home to Work (CHTW) program is VR&E’s primary early intervention and outreach program. The goal of CHTW is to provide rehabilitation services to VR&E eligible servicemembers pending medical separation and to veterans receiving treatment at community-based health care organizations and VA medical treatment facilities. 20 CHTW is designed to help provide a seamless transition to VR&E services.21 VR&E eligible servicemembers with at least a 20% disability rating are entitled to an evaluation for VR&E benefits regardless of their expected discharge date. Eligibility and Entitlement Eligibility and entitlement must be established for participation in the VR&E program. A veteran who has an employment handicap and is eligible for the VR&E program is entitled to all applicable services. The program originally provided benefits to veterans with a 30% or more service-connected disability rating. 22 However, it has been modified to include veterans with a 10% or 20% disability rating. Eligibility To be considered eligible for VA benefits, a claimant must be a veteran or the survivor or dependent of a veteran. The services of the VR&E program are also available to active military personnel who are in medical-hold or pre-discharge status.23 These individuals may be prequalified for the program. 18 The monthly rate of $788 is for special restorative training that occurs after June 30, 2004 in accordance with 38 U.S.C. 3542 38 C.F.R. 21.3333 (a)(1). 19 Available at http://www.vetsuccess.gov. 20 The Community Based Health Care Organization (CBHCO) Program was created to assist Guard and Reserve servicemembers injured in the line of duty to return to their homes where they will continue to receive medical care locally while they are evaluated for return to duty, medical release, or medical board. To be eligible, the servicemember must have a referral into the program from their respective branch of service. National Guard and Reserve servicemembers must agree to remain on active duty status to be enrolled in the CBHCO program. 21 To apply for Coming Home To Work services, servicemembers without a VA disability rating must complete VA Form 28-0588,Vocational Rehabilitation and Employment - Getting Ahead After You Get Out, and submit it with medical records and a completed application for VR&E services (VA Form 28-1900) to the nearest VA regional office. 22 For more information about the VA rating system, see CRS Report RL33323, Veterans Affairs: Benefits for ServiceConnected Disabilities, by Douglas Reid Weimer. 23 For a description of medical hold discharge status, see CRS Report RL33991, Disability Evaluation of Military Servicemembers, by Christine Scott and Don J. Jansen. Congressional Research Service 8 Veterans' Benefits: The Vocational Rehabilitation and Employment Program To be eligible for VR&E services, a veteran must: • have received, or will receive, a discharge under conditions other than dishonorable;24 • have served on or after September 16, 1940; • have a service-connected disability employment handicap rating of at least 20% or a serious employment handicap rating of 10%; • need vocational rehabilitation to overcome an employment handicap; and • submit a completed application for VR&E services on VA Form 28-1900. Servicemembers pending medical separation from active duty may apply for VR&E services if their disabilities are reasonably expected to be rated at a minimum of at least 20% following their discharge. Each veteran must work with a case manager who will advise him or her on the series of steps to be taken to receive VR&E program services. The steps are described below: Step 1. Application (described later in this report) for benefits and assessment of program eligibility. Step 2. Evaluation to assess needs and determine services to which a veteran may be entitled, and formulation of a plan of rehabilitation. Step 3. Provision of rehabilitation services for either employment (services and assistance that lead to the veteran becoming job-ready) or achievement of a measure of increased ability to live more independently in the community. Step 4. Completion of the rehabilitation process. Veterans who have obtained and maintained suitable employment or achieved maximum independence in daily living are considered to be rehabilitated. Suitable employment is work within a veteran’s physical and emotional capabilities and consistent with his or her patterns of abilities, aptitudes, and interests. Entitlement The VRC makes the entitlement determination on the basis of whether the veteran’s employment problems have been caused by • the veteran’s service-connected disabilities; • the veteran’s non service-connected disabilities; • deficiencies in education and training; • negative attitudes about people with disabilities; • the impact of alcoholism or drug abuse; • consistency with abilities, aptitudes, and interests; or • other pertinent factors. 24 For more information on discharge criteria, see CRS Report RL33113, Veterans Affairs: Basic Eligibility for Disability Benefit Programs, by Douglas Reid Weimer. Congressional Research Service 9 Veterans' Benefits: The Vocational Rehabilitation and Employment Program To be entitled to vocational rehabilitation program services a veteran must be within the eligibility period (12 years) and have a disability rating of at least 20% with an employment handicap. Veterans with a disability rating of at least 10% with a serious employment handicap are entitled to program services regardless of whether the veteran is within the eligibility period. What is an Employment Handicap? An employment handicap as defined by law25 is an impairment of a veteran’s ability to prepare for, obtain, or retain employment consistent with his or her abilities, aptitudes, and interests. The impairment results in substantial part from a service-connected disability. Veterans with a disability rating of at least 20% and an employment handicap are entitled to VR&E program services. What is a Serious Employment Handicap? A serious employment handicap as defined by law26 is a significant impairment of a veteran’s ability to prepare for, obtain, or retain employment consistent with his or her abilities, aptitudes, and interests. The impairment results in substantial part from a service-connected disability. A disability rating of at least 10% and a serious employment handicap entitles a veteran to VR&E program services. If employment is not feasible, the veteran is evaluated for the Independent Living Program. The primary difference between an employment handicap and a serious employment handicap is the degree of vocational impairment. The veteran’s service-connected disability must contribute to the employment handicap. That is, the VR&E must be able to identify, observe, and measure it. Certain totally disabled veterans are also eligible for VR&E program services. A veteran with a single disability rating of 60% or more, or a combined rating from more than one disability of at least 70%, where one disability is rated at 40% or higher, will be rated totally disabled for VR&E program purposes and be eligible for services.27 A veteran who is ineligible for VR&E services will be informed in person and will be sent a letter with information about appeal rights and the appeals process. The counselor will also use the information gathered in the application process to recommend other options, programs, or services that should contribute to the achievement of vocational adjustment. Other programs and services recommended may include State Vocational Rehabilitation programs and the Department of Labor’s Disabled Veterans Outreach Program (DVOP). Period of Eligibility The period of eligibility for VR&E benefits is 12 years from (1) the date of separation from active military service or (2) the date the veteran was first notified by the VA of a service-connected disability rating. 25 38U.S.C. §3101, (1). 38 U.S.C. §3101, (2). 27 These veterans are awarded total disability benefits (compensation) based on individual unemployability, and are afforded VR&E benefits. 26 Congressional Research Service 10 Veterans' Benefits: The Vocational Rehabilitation and Employment Program The period of eligibility may be extended if the VRC determines that a veteran has a serious employment handicap, or has not yet been rehabilitated to the point of employability, or has been rehabilitated but still cannot perform the duties required, or needs more services because the occupational requirements have changed. An objective evaluation is required for these circumstances to be determined. For independent living services, if the medical condition is so severe that achievement of the vocational goal is not feasible and that goal is necessary to ensure that the veteran will achieve maximum independence, the period of eligibility may be extended. The Application Process A veteran, his or her authorized representative, or a member of Congress may communicate the veteran’s intent to seek benefits under the VR&E program. The veteran must follow up by completing an application for the program. If the application is completed within one year of the communication of intent to file a claim, the date of the communication will be considered the date of formal application for benefits. The completion of applications is subject to time limits. Applications with missing information are returned for completion. The completed application must be returned within a year from the date of notification, or the veteran may be considered ineligible for benefits.28 The period from application to notification of entitlement averaged 48 days in FY2008.29 Utilization of VR&E Services For FY2006, the Office of Management and Budget (OMB) program performance measures noted that the VR&E program was making notable progress toward achieving long-term performance measures.30 Data from the Department of Defense (DOD) used in the evaluations indicated that each year, approximately 25,000 active duty servicemembers are found “‘not fit for duty’ due to medical conditions that may qualify them for a VA disability rating and VR&E services.”31 During the evaluation, data from the Army Reserve and the Army National Guard indicated that 29,000 of their members had been placed on medical hold or extension status since 2003.32 These servicemembers may be qualified for VR&E services. 28 Applications may be submitted online or by mail. Online applications are available on the VA website at http://vabenefits.vba.va.gov/vonapp/main.asp. Applications filed online go directly to the appropriate VA office. Applications that will be mailed in must be submitted on VA Form 28-1900, Disabled Veterans Application for Vocational Rehabilitation. The form can be downloaded from the VA website at http://www.va.gov/vaforms, or veterans may call 1-800-827-1000 and request that the form be sent to them by mail. The completed form should be mailed to the nearest VA Regional Office. There are 57 VA regional offices that carry out the functions of the Veterans Benefits Administration. To identify the nearest office, veterans should go to http://www1.va.gov/directory/guide/ home.asp. 29 Available at http://www.whitehouse.gov/omb/expectmore/detail/10003220.2006.html. 30 Ibid. 31 Ibid. 32 Ibid. Congressional Research Service 11 Veterans' Benefits: The Vocational Rehabilitation and Employment Program In FY2009, the VR&E spent $447.1 million on books, tuition, supplies, fees, and other costs for 17,400 program participants. In FY2009, VR&E spending on subsistence allowance benefits was $59.8 million for services to 59,829 recipients. In FY2009, VR&E provided rehabilitation, evaluation, planning, and services to 20,996 veterans or their dependents. No monetary benefit is associated with the latter services. 33 For FY2008, OMB reported a rehabilitation rate of 76% for all disabled veterans in the VR&E program; the rehabilitation rate for serious employment handicaps was also reported to be 76%.34 As shown in Table 1, in FY2009, from a pool of 77,998 applicants, 49.7% or 38,802 disabled veterans were found to be entitled to VR&E services, and there were 110,750 participants in the VR&E program.35 The number of disabled veterans who were successfully rehabilitated by the end of the FY2009 program year was 11,022. Of this number, the number of veterans with serious employment handicaps that were rehabilitated in FY2009 was 6,153.36 Table 1.Vocational Rehabilitation & Employment Program Statistics, FY2009 VR&E Category Total Applicants 77,998 Eligible 74,617 Completed evaluation 44,089 Entitled to Services 38,802 Participants 110,750 Rehabilitated 11,022 Source: Table prepared by the Congressional Research Service (CRS) using data from the Department of Veterans Affairs, Veterans Benefits Administration Annual Benefits Report, Fiscal Year 2009, p. 64. The life cycle of one VR&E case may be four or more years from application to eligibility, entitlement, rehabilitation planning, achievement of rehabilitation goals, and finally, rehabilitation. Current Issues The Supplemental Appropriations Act, 2008 (P.L. 110-252) included the Post-9/11 Veterans Educational Assistance Act of 2008. This new education benefit for veterans took effect August 1, 2009. Veterans participating in the vocation rehabilitation program could, if still eligible for benefits under the previous education benefit for veterans, the All-Volunteer Force Educational 33 U.S. Department of Veterans Affairs: FY2009 Budget Submission: Benefits and Burial Programs and Departmental Administration, Vol. 3 of 4, February 2008, pp.2A2-2A3, available at http://www.va.gov/budget/summary/2009/ Volume_3-Benefits_and_Burial_and_Dept_Admin.pdf. 34 Available at http://www.whitehouse.gov/omb/expectmore/detail/1003220.2006.html. 35 Participants are veterans who are receiving a subsistence allowance in one of the following case statuses: extended evaluation, independent living, job ready, or rehabilitation to employment. 36 “Rehabilitated” means veterans who have successfully found and maintained suitable employment or have successfully completed an independent living program. Congressional Research Service 12 Veterans' Benefits: The Vocational Rehabilitation and Employment Program Assistance, have the education benefits paid through that program rather than through the vocational rehabilitation program. A similar option does not exist for veterans in the vocational rehabilitation program who are eligible for benefits under the new Post 9/11 education benefit program. 37 However, the Post-9/11 Veterans Educational Assistance Improvements Act of 2010 (P.L. 111-377) permits veterans eligible for education benefits under the Post-9/11 GI Bill to elect, beginning August 1, 2011, an alternative to the Chapter 31 subsistence allowance. The alternative subsistence allowance is the Basic Allowance for Housing (BAH) for a servicemember (at pay grade E-5) with dependents in the area (ZIP code) where the institution providing rehabilitation is located. Other Employment Assistance Programs for Disabled Veterans In response to the recommendations of the 2004 Task Force report, the VR&E has endeavored to develop an integrated working relationship with a wide range of organizations, such as the Centers for Independent Living; the National Council on Disability, the National Council on Independent Living, the Commission on Accreditation of Rehabilitation Facilities, and the National Organization of Disability Examining Physicians. The VR&E has also increased interaction with the vocational rehabilitation activities of academic organizations and private sector disability, rehabilitation, and employment firms and associations. The VR&E maintains strategic partnerships with private-sector companies, such as the Home Depot, the Mortgage Bankers Association, and faith-based organizations (i.e., the YMCA, Goodwill Industries International, and Disabled Sports), to achieve the goal of integrated and seamless delivery of services to disabled veterans. Other VA Programs Apart from the VR&E program, the VA also has two other programs to assist disabled veterans with employment: the Compensated Work Therapy Program and the National Veterans Employment Program. The Compensated Work Therapy Program The VR&E Compensated Work Therapy Program administered by the DOL brings transitional and permanent jobs to veterans who are returning to the workforce after medical rehabilitation. The program combines work and training for new job skills.38 For more information on the Compensated Work Therapy Program, see CRS Report RL30442, Homelessness: Targeted Federal Programs and Recent Legislation, coordinated by Libby Perl. 37 For more information on new education benefit see CRS Report R40723, Educational Assistance Programs Administered by the U.S. Department of Veterans Affairs, by Cassandria Dortch. 38 Available at http://www1.va.gov/Vetind/. Congressional Research Service 13 Veterans' Benefits: The Vocational Rehabilitation and Employment Program The National Veterans Employment Program The VA administers the National Veterans Employment Program (NVEP) to help veterans understand and use veterans’ preference and other hiring flexibilities to get jobs in the federal government, including the VA. The program promotes the hiring of veterans by federal managers and supervisors. It also educates selecting officials on veterans’ preference and federal hiring authorities developed to help veterans gain federal employment. 39 Federal Government Programs Other federal agencies administer programs that provide services to help veterans achieve an employment outcome, that is, to obtain competitive employment. VR&E has signed Memorandums of Understandings (MOUs) and formed partnerships with other organizations whose services frequently overlap, representing joint efforts to increase opportunities for rehabilitated veterans to become employed. In addition, each branch of the military has a program to support its disabled veterans, and many veterans service organizations (VSOs) provide services to disabled veterans, as well. Listed below are some programs that provide rehabilitation or other services to veterans with brief descriptions and contact information. Links to many of these programs are provided from the VR&E program section of the VA website. Computer/Electronics Accommodations Program The Computer/Electronics Accommodations Program (CAP) provides assistive technology and services to people with disabilities, federal managers, supervisors, Internet technology (IT) professionals, and wounded servicemembers. Accommodations are made for servicemembers with vision or hearing loss, dexterity impairments (including upper-extremity amputees), and communication and cognitive difficulties, including Traumatic Brain Injuries (TBI). These services are available as a part of the DOD Military Health System’s Tricare program.40 The Department of Education: Office of Special Education and Rehabilitation Services Administration The Rehabilitation Services Administration (RSA) oversees grant programs that help individuals with mental or physical disabilities obtain employment and live more independently through the provision of such support as counseling, medical and psychological services, job training and other individualized services. The Department of Labor: Veterans Employment and Training Services The Department of Labor’s (DOL’s) Veterans Employment and Training Services (VETS) falls under the President’s National Hire Veterans Committee. 41 The mission of VETS is to provide 39 Available at http://www.va.gov/nvep/. Available at http://tricare.mil/cap/wsm/. 41 Jobs for Veterans Act (P.L. 107-288); currently codified at 38 U.S.C. § 4100. 40 Congressional Research Service 14 Veterans' Benefits: The Vocational Rehabilitation and Employment Program veterans and transitioning servicemembers with the resources and services to succeed in the workforce by maximizing their employment opportunities, protecting their employment rights, and meeting labor market demands with qualified veterans. VETS administers the HireVetsFirst program to furnish employers with information about the training and skills of veterans and disabled veterans and the advantages afforded employers by hiring veterans with such training; and to provide a link to one stop centers and other employment job search assistance for veterans.42 Disabled Transition Assistance Program The VR&E partners with the DOD and the DOL through the Disabled Transition Assistance Program (DTAP) to allow disabled servicemembers to gain information and assistance with the transition from military to civilian life prior to their separation from military service. The Office of Personnel Management Most federal departments and agencies are required to have an affirmative action program for the recruitment, employment, and advancement of disabled veterans. Agencies develop Disabled Veterans Affirmative Action Programs (DVAAPs) and must submit accomplishment reports to the OPM reporting their efforts to promote the maximum employment and job advancement opportunities for disabled veterans. OPM provides guidance and assistance to agencies on the preparation of their DVAAPs and presents an annual report to Congress on the employment of veterans in the federal government. 43 The OPM also administers the FedsHireVets website, which provides information on federal veterans preference and job openings and a contact person in each federal agency responsible for promoting the hiring of veterans.44 The Small Business Administration In partnership with the Association of Small Business Development Centers (ASBDC), the Small Business Administration (SBA) provides entrepreneurial training to qualified service-connected disabled veterans who are VR&E participants. The mission of SBA’s Office of Veterans Business Development is to maximize the availability, applicability, and usability of all SBA programs for veterans, service-disabled veterans, Reserve component members, and their dependents and survivors. The SBA provides grants to Veterans Business Outreach Center (VBOC) programs that assist disabled veterans with funding, counseling, mentoring, training, procurement, service delivery, business development, and government certification.45 42 Available at http://www.dol.gov/vets/ and http://www.hirevetsfirst.gov. Available at http://www.opm.gov/veterans/dvaap.asp. 44 Available at http://www.fedshirevets.gov/job/veterans.aspx. 45 Available at http://www.sba.gov/aboutsbs/sbaprograms/ovbd/index.html. 43 Congressional Research Service 15 Veterans' Benefits: The Vocational Rehabilitation and Employment Program Military Programs Air Force Palace HART-Helping Airmen Recover Together Program The Air Force, through its Palace HART program, helps Air Force personnel who have been medically separated from active duty receive transition services by ensuring that they have complete information about entitlements that are due to them. When an airman enters the disability evaluation process, the Air Force Personnel Center begins tracking him or her for Palace HART eligibility. Once the airman is medically separated as a result of service-related injuries, Palace HART Family Support Centers provide transition services, including individual pre-separation counseling and assistance in obtaining all authorized service from the Air Force, the DOD, the VA, and the DOL. The program assists with the initial filing of VA disability claims, extended five-year case management follow-up, and employment placement assistance and counseling. The goal is to help wounded Air Force veterans transfer back to civilian life. 46 Army Career and Alumni Program and Its Entrepreneurship Bootcamp for Veterans with Disabilities Veterans disabled in support of Operations Iraqi Freedom and Enduring Freedom who are accepted into the Entrepreneurship Bootcamp for Veterans with Disabilities (EBV) program of the Army Career and Alumni Program (ACAP) can receive free training in entrepreneurship and small business management, as well as support in growing a successful business from the business school faculties of the following four U.S. universities: Whitman School of Management at Syracuse University, the College of Business at Florida State University, Anderson School of Management at the University of California at Los Angeles (UCLA), Mays Business School at Texas A&M University, Krannert School of Management at Purdue University, and the School of Business at the University of Connecticut. Eligible veterans may go online to apply for ACAP services.47 Army Material Command: Always a Soldier The Always a Soldier program provides service-connected disabled veterans with opportunities to seek employment, career advancement, job mobility, family economic well-being, and greater financial security. Specific employment tracks include the following: 46 47 • federal wage grade positions involving trades and labor; • internship programs providing monitored or supervised work or training experience with learning goals; and • various federal general schedule (GS) series full performance positions. Available at http://www.af.mil. Available at http://acap.army.mil and http://www.acapexpress.army.mil. Congressional Research Service 16 Veterans' Benefits: The Vocational Rehabilitation and Employment Program The Always a Soldier program partners with existing Army programs (such as Disabled Soldier Services and Army Community Service), the VA, and the Disabled American Veterans (DAV) organization. 48 Marine for Life-Injured Support Program The goal of the Marine for Life-Injured Support (M4L-IS) Program is to provide needs-based individual support to combat-wounded marines and sailors from the time of injury through the post-discharge transition period (up to one year after release from active duty) until they are fully integrated into the VA system. The program’s features include pre-and post-service separation case assistance; coordination with physical evaluation boards; coordination with veterans, public, and private organizations providing support to the seriously injured; and provision of referral services for disability specific information and mental health services.49 Navy Safe Harbor Program The Navy Personnel Command website has links to a number of employment services for veterans and disabled veterans, including the DOL’s Office of Disability Employment Program (ODEP) and State Vocational Rehabilitation Services.50 U.S. Army Wounded Warrior Program The U.S. Army Wounded Warrior (AW2) program tracks soldiers and their families for five years after medical retirement. Army wounded warriors must suffer from injuries or illnesses incurred after September 11, 2001, in support of the Global War on Terror and receive a 30% disability rating51 for one or more injuries.52 Author Contact Information Christine Scott Specialist in Social Policy cscott@crs.loc.gov, 7-7366 Carol D. Davis Information Research Specialist cdavis@crs.loc.gov, 7-8994 48 Available at http://www.amc.army.mil/alwaysasoldier. Available at http://www.mfl.usmc.mil. 50 See http://www.npc.navy.mil/CommandSupport/SafeHarbor/SH_JobPlacement.htm. 49 51 Conditions are based on the VA Schedule for Disability Ratings (VASDR) 2003 C.F.R. 38 Chapter 1, Part 4 as used by the U.S. Army Physical Disability Agency (USPDA). 52 Available at http://www.aw2.army.mil. Congressional Research Service 17 Veterans' Benefits: The Vocational Rehabilitation and Employment Program Acknowledgments The report was originally written by Beverley A. Crane, an intern with the Congressional Research Service, Domestic Social Policy Division. All questions should be directed to the current authors. Congressional Research Service 18’ Benefits: The Vocational Rehabilitation and Employment Program Summary Vocational Rehabilitation and Employment for veterans (VR&E) is an entitlement program that provides job training and related services to veterans with service-connected disabilities. In cases where a disabled veteran is not able to work, the VR&E program provides independent living (IL) services to help the veteran achieve the highest possible quality of life. The VR&E program is administered by the Veterans Benefit Administration (VBA), part of the Department of Veterans Affairs (VA). To be entitled to VR&E services, a veteran must have received a discharge other than dishonorable and be found to have either (1) a 20% service-connected disability and an employment handicap, or (2) a 10% service-connected disability and a serious employment handicap. After a veteran is found to be entitled to VR&E, a counselor helps the veteran identify a suitable employment goal and determine what services will be necessary to achieve that goal. The veteran is then assigned to one of five reemployment tracks: • Reemployment for veterans who wish to return to work they held prior to their military service; • Rapid Access to Employment for veterans who already have the skills necessary to compete in the job market and only need short-term services such as job search assistance; • Employment through Long-Term Services for veterans who require postsecondary or vocational training to reach their employment goals; • Self-employment for veterans who have the skills to start businesses; or • Independent Living for veterans for whom employment is not a viable goal. The most common track is Employment through Long-Term Services, and the most common form of training is undergraduate education. In most cases, veterans are entitled to a subsistence allowance while they are enrolled in training. In instances where a veteran is entitled to both VR&E benefits and the Post-9/11 GI Bill, the veteran may couple VR&E training benefits with the higher subsistence allowance available under the Post-9/11 GI Bill. In FY2011, approximately 28,000 veterans developed a new plan of service with VR&E and almost 10,000 veterans completed rehabilitation. In FY2012, the VA estimates that VR&E benefits will cost $516 million, subsistence allowances for eligible veterans will be an additional $433 million, and administrative costs will total $204 million. Congressional Research Service Veterans’ Benefits: The Vocational Rehabilitation and Employment Program Contents Background...................................................................................................................................... 1 History ....................................................................................................................................... 1 Recent Activity .......................................................................................................................... 2 VR&E Application Process ............................................................................................................. 3 Eligibility................................................................................................................................... 3 Duration of Eligibility ......................................................................................................... 3 Entitlement ................................................................................................................................ 4 Non-entitlement................................................................................................................... 4 Case Management and Rehabilitation Planning .............................................................................. 5 Services Provided by VR&E ........................................................................................................... 5 Service Delivery Tracks ............................................................................................................ 5 Reemployment Track .......................................................................................................... 6 Rapid Access to Employment Track ................................................................................... 6 Self-Employment Track ...................................................................................................... 6 Employment through Long-Term Services Track ............................................................... 7 Independent Living Services Track..................................................................................... 7 Utilization of Each Track........................................................................................................... 8 Monetary Benefits for VR&E Participants................................................................................ 9 Subsistence Allowance........................................................................................................ 9 VR&E Loans..................................................................................................................... 10 VR&E Participation and Outcome Data........................................................................................ 10 Tables Table 1. Share of Veterans in Each VR&E Track ............................................................................ 9 Table 2. Vocational Rehabilitation & Employment Program Statistics, FY2008-FY2011........... 11 Table 3. Training Programs of VR&E Beneficiaries, FY2011 ...................................................... 11 Table 4. Outcomes for Veterans Rehabilitated Through the VR&E Program, FY2011................. 12 Appendixes Appendix. Other Responsibilities of the VR&E Program ............................................................. 13 Contacts Author Contact Information........................................................................................................... 14 Acknowledgments ......................................................................................................................... 14 Congressional Research Service Veterans’ Benefits: The Vocational Rehabilitation and Employment Program V ocational Rehabilitation and Employment for veterans (VR&E) is an entitlement program that provides job training and related services “to enable veterans with service-connected disabilities to achieve maximum independence in daily living and, to the maximum extent feasible, to become employable and to obtain and maintain suitable employment.”1 The program is administered by the Veterans Benefit Administration (VBA) of the Department of Veterans Affairs (VA). The VR&E program provides comprehensive services to enable veterans with service-connected disabilities and employment handicaps to become employable and maintain suitable employment.2 For severely disabled veterans, the program strives to help them achieve the highest quality of independent living possible with a future chance of employment, given medical and technological advances. The primary functions of the VR&E program are authorized under 38 U.S.C., Chapter 31. VR&E staff also have several other VBA-related responsibilities that are assigned in other chapters of Title 38. These functions are outlined in Appendix. The body of this report will focus on the primary functions described in Chapter 31. Background History In 1918, Congress passed P.L. 65-178, the Vocational Rehabilitation Act, to provide for the retraining of disabled persons who served in the U.S. military and naval forces. The rehabilitation program was administered by the Federal Board for Vocational Education. On August 24, 1921, control of veterans’ rehabilitation was transferred to the newly created Veterans’ Bureau. In 1930, Congress created the Veterans Administration by combining three bureaus: the Veterans’ Bureau, the Bureau of Pensions, and the National Homes for Disabled Volunteer Veterans. In 1943, Congress passed P.L. 78-16, which broadened eligibility and provided that any eligible veteran may receive up to four years of training specifically directed to restoring employability. Under this program, the VA provided services to 621,000 disabled World War II veterans. Since then, the scope of the veterans rehabilitation program has been modified and expanded to better fulfill its mission. The program has undergone several name changes and has usually been aligned with the education services of the VBA. In 1999, the VR&E program acquired its current name with the intention of emphasizing employment services and job placement. In 2004, the Secretary of Veterans Affairs responded to continuing criticisms of VR&E’s operations from Congressional committees, the Government Accountability Office (GAO), and others by forming a task force to evaluate the program. The task force report found little evidence that the program’s efforts to obtain jobs for rehabilitated veterans had been effective.3 Among its 1 38 U.S.C. 3100. The VBA website defines suitable employment as “Work that is within a veteran’s physical and emotional capabilities and is consistent with his or her pattern of abilities, aptitudes, and interests.” See http://www.vba.va.gov/ bln/vre/def.htm#se. 3 U.S. Department of Veterans Affairs, VA Vocational Rehabilitation and Employment Task Force, Report to the Secretary of Veterans Affairs: The Vocational Rehabilitation and Employment Program for the 21st Century Veteran, 2004 (hereinafter referred to as the VR&E Task Force Report). 2 Congressional Research Service 1 Veterans’ Benefits: The Vocational Rehabilitation and Employment Program 110 recommendations, the task force emphasized that VR&E should focus on employment and place more emphasis on its clients’ skills rather than their disabilities. In response to these recommendations, VR&E developed the five-track employment process discussed later in this report.4 Recent Activity Recent legislative activity concerning VR&E has dealt with modifying the program to better align it with other VA programs and temporarily expanding benefits. P.L. 111-377, signed on January 4, 2011, modified the program so that veterans eligible for both VR&E training and the Post 9/11 GI Bill (also known as Chapter 33 benefits) could utilize VR&E training benefits while collecting the larger housing allowance associated with Chapter 33 benefits. Prior to this change, there was concern that disabled veterans were forgoing the more comprehensive VR&E services to obtain the higher immediate cash allowance that accompanied Chapter 33 benefits. P.L. 112-56, signed on November 21, 2011, temporarily increased the maximum benefit duration for veterans who had completed a VR&E program and exhausted their eligibility for unemployment insurance. The provisions in the law grant eligible veterans one year of additional VR&E-sponsored training. The expanded benefits are only available to veterans who apply to the VR&E program before March 31, 2014. Recent agency-level initiatives have focused on streamlining the transition between military service and employment. The Coming Home to Work (CHTW) program provides outreach to exiting servicemembers and recent veterans to aid the transition to civilian employment. CHTW can also provide expedited access to VR&E services for eligible veterans. The Disability Transition Assistance Program (DTAP) provides customized briefings for servicemembers and veterans who may be eligible for VR&E services. Obligations for mandatory VR&E benefits are estimated to be $949 million in FY2012. This covers tuition and related expenses ($516 million) and subsistence allowances for individuals who were enrolled in an eligible training program ($433 million). Estimated FY2012 obligations are about 25% higher than FY2011 obligations.5 Most of this increase was due to higher spending on subsistence allowances and largely related to the changes made by P.L. 111-377. The program’s discretionary costs, which cover VR&E staff and other expenses, are estimated at $204.3 million for FY2012.6 Approximately 74% of these expenditures were related to personnel. In FY2012, the VR&E program estimates that it will employ 1,446 full-time equivalents. In the program’s FY2013 budget request, it projects that increased demand for services and the replacement of purchased services with full-time counselors would increase the number of required full-time equivalents to 1,594 and financial obligations to $234 million.7 4 Testimony of Ruth Fanning, Director, VA’s VR&E Service, before the Senate Committee on Veterans’ Affairs, February 5, 2008, available at http://www.va.gov/OCA/testimony/svac/080205RF.asp. 5 U.S. Department of Veterans Affairs, FY2013 Budget Submission, Volume III: Benefits and Burial Programs and Departmental Administration, p. 2B-2, available online at http://www.va.gov/budget/products.asp. 6 P.L. 112-74 appropriated $2,018,764,000 in discretionary funds for “necessary operating expenses” related to the VBA. The agency has discretion to allocate these funds for administrative costs across programs, so the actual allocation to VR&E may vary somewhat. 7 Ibid. p. 4E-2 and 4E-3. Congressional Research Service 2 Veterans’ Benefits: The Vocational Rehabilitation and Employment Program VR&E Application Process A veteran, a veteran’s authorized representative, or a Member of Congress may communicate the veteran’s intent to seek benefits under the VR&E program. The veteran must follow up by completing an application for the program. If the application is completed within one year of the communication of intent to file a claim, the date of the communication will be considered the date of formal application for benefits.8 There are two subsequent determinations between a veteran’s application for VR&E and his or her receipt of services: eligibility and entitlement. Eligibility The first step in obtaining VR&E services is establishing eligibility. To be eligible for VR&E services, a veteran must9 • have served on or after September 16, 1940; • have received, or will receive, a discharge under conditions other than dishonorable;10 and • have a service-connected disability rating of 10% or greater.11 Current servicemembers pending separation from active duty may apply for VR&E services if their disabilities are reasonably expected to be rated at a minimum of at least 20% following their discharge. Duration of Eligibility Veterans are eligible for VR&E services for 12 years after separation from active military duty. In cases where a veteran was notified of a service-connected disability rating after separation, eligibility extends 12 years from the date of notification. The period of eligibility may be extended if the VA determines that the veteran has a serious employment handicap, has not yet been rehabilitated to the point of employability, has been rehabilitated but still cannot perform the duties required, or needs more services because the occupational requirements have changed. An objective evaluation is required for these circumstances to be determined.12 8 Applications may be submitted online or by mail. Online applications are available on the VA website at http://vabenefits.vba.va.gov/vonapp/main.asp. Applications filed online go directly to the appropriate VA office. Forms may also be downloaded from the VA website at http://www.va.gov/vaforms and then submitted to a local VR&E office or requested by phone and then returned. 9 See 38 U.S.C. 3102-3103. 10 For more information on discharge criteria, see CRS Report R42324, “Who is a Veteran?”—Basic Eligibility for Veterans’ Benefits, by Christine Scott. 11 For an in-depth discussion of the VA’s disability evaluation process and policies, see CRS Report RL33991, Disability Evaluation of Military Servicemembers, by Christine Scott and Don J. Jansen. 12 See 38 U.S.C. 3013(c). Congressional Research Service 3 Veterans’ Benefits: The Vocational Rehabilitation and Employment Program For independent living services, if the medical condition is so severe that achievement of the vocational goal is not feasible and that goal is necessary to ensure that the veteran will achieve maximum independence, the period of eligibility may be extended.13 Entitlement Once eligibility is established, an applicant completes a comprehensive evaluation with a Vocational Rehabilitation Counselor (VRC). The evaluation includes • an assessment of the veteran’s interests, aptitudes, and abilities; • an assessment of whether service-connected disabilities impair the veteran’s ability to secure and maintain suitable employment; and • identification of services necessary to maintain a career or achieve maximum independence. An applicant is entitled to VR&E services if he or she is found to have • a 20% service-connected disability and an employment handicap; or • a 10% service-connected disability and a serious employment handicap. An employment handicap is an impairment of a veteran’s ability to prepare for, obtain, or retain employment consistent with his or her abilities, aptitudes, and interests. 14 A serious employment handicap is a significant impairment of a veteran’s ability to prepare for, obtain, or retain employment consistent with his or her abilities, aptitudes, and interests. 15 To be entitled to VR&E services, the veteran’s service-connected disability must contribute to the employment handicap and VR&E must be able to identify, observe, and measure it. Certain totally disabled veterans are also eligible for VR&E program services. A veteran with a single disability rating of 60% or more, or a combined rating from more than one disability of at least 70%, where one disability is rated at 40% or higher, will be rated totally disabled for VR&E program purposes and be eligible for services.16 Non-entitlement A veteran who applies for VR&E services but is not found to be entitled to services will be informed about appeal rights and the appeals process. The counselor will also use the information gathered in the application process to recommend other services. Veterans who utilize the public 13 See 38 U.S.C. 3103(d). See 38 U.S.C. 3101(1). 15 See 38 U.S.C. 3101(2). 16 These veterans are awarded total disability benefits (compensation) based on individual unemployability and are afforded VR&E benefits. 14 Congressional Research Service 4 Veterans’ Benefits: The Vocational Rehabilitation and Employment Program workforce system in their respective states may seek additional assistance through the Department of Labor’s Disabled Veterans Outreach Program (DVOP).17 Case Management and Rehabilitation Planning After a veteran is found to be entitled to VR&E services, a case manager is assigned to work with the veteran. The case manager works in conjunction with a VRC and the veteran to determine an employment goal and assess obstacles to employment. A written rehabilitation plan is then developed, describing the goal of the VR&E program and the services required to achieve the goal.18 The required services may be provided by the VRC or the case manager may provide referrals for other services. The plan is reviewed with the participation of the client at least once a year.19 The VR&E program must track each entitled veteran and his or her progress toward the employment goal. The rehabilitation phase of the VR&E program includes the following stages: • evaluation and planning, • extended evaluation, • rehabilitation and employability (training or education), • independent living, • job ready status, and • interrupted status. Services Provided by VR&E The most common services provided by VR&E agencies are funding for higher education and short-term employment services like job search assistance. The full range of services that VR&E agencies are required to make available to entitled clients, however, is much broader and includes a variety of specialized services for workers with disabilities. 20 Service Delivery Tracks One of the 2004 task force’s major recommendations led to the development of a new five-track service delivery system designed to make VR&E’s services more employment-focused. The combination of services that VR&E provides or coordinates depends largely upon the veteran’s VR&E track. 17 For information on the public workforce system, see CRS Report R41135, The Workforce Investment Act and the One-Stop Delivery System, by David H. Bradley. 18 See 38 U.S.C. 3106. 19 See 38 U.S.C. 3106(b). 20 Additional required services may include corrective assistive devices, travel expenses, and independent living services. See 38 U.S.C. 3104, 3109, and 3120. Congressional Research Service 5 Veterans’ Benefits: The Vocational Rehabilitation and Employment Program Reemployment Track The Reemployment Track is for veterans who wish to return to work with their previous employers. In addition to the case management and counseling that all VR&E beneficiaries receive, veterans on the reemployment track may receive assistance from the VA to make their workplace more accessible. They may also receive counseling on workplace rights for veterans.21 A veteran on this track is considered rehabilitated when he or she has completed the employment program and maintained suitable employment for 60 days.22 Rapid Access to Employment Track The Rapid Access to Employment Track emphasizes the goal of immediate employment and is available to separating veterans who already have the skills necessary to compete in the job market in appropriate occupations. On this track, VR&E services may include job readiness preparation, resume development, or job search assistance. The VRC may also counsel veterans on this track in disability rights and assist an employer in providing accommodations to a disability. A veteran on this track is considered rehabilitated when he or she has completed the employment program and maintained suitable employment for 60 days. Self-Employment Track This track is for veterans who have limited access to traditional employment and need flexible work schedules and a more accommodating work environment because of their disabling conditions or other special circumstances. Veterans may be provided an analysis of the viability of a business concept, development of a business plan, training in the operation of small businesses, marketing and financial assistance, and guidance on obtaining adequate resources to implement the business plan. A self-employment plan with an estimated or actual cost of less than $25,000 may be approved by the VR&E Officer. A self-employment plan with an estimated cost of $25,000 or more must be approved by the Director of VR&E Services.23 A veteran on this track is considered rehabilitated when he or she has completed the selfemployment program and maintained a viable business for one year. 21 In addition to the rights afforded by the Americans with Disabilities Act of 1990 (ADA; 42 U.S.C. 12101-12213), disabled veterans are also entitled to additional rights under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA, 38 U.S.C. 4301-4335). 22 Rehabilitation criteria are from the Government Accountability Office (GAO) report VA Vocational Rehabilitation and Employment: Better Incentives, Workforce Planning, and Performance Reporting Could Improve Program. January 2009. 23 See 38 CFR 21.258. Congressional Research Service 6 Veterans’ Benefits: The Vocational Rehabilitation and Employment Program Employment through Long-Term Services Track This track targets veterans who need long-term employment training to prepare them for suitable employment. Formal classroom courses are the most common long-term service, though training may also include on-the-job training, apprenticeships, internships, job shadowing, work monitoring, work-study, or public-private job partnering. Services last as long as is necessary for the beneficiary to attain the objectives set out in his or her employment plan, but may not exceed 48 months (or the equivalent when pursued on a part-time basis).24 In limited circumstances (such as a veteran’s disability worsening during the rehabilitation process and the original employment objective becoming unviable), a rehabilitation program can be extended beyond 48 months. Extensions must be approved by a counseling psychologist and a VR&E officer.25 Veterans on this track may also receive a subsistence allowance while enrolled in a training program. The subsistence component of the program is described in detail in the “Subsistence Allowance” subsection later in this report. As described previously, P.L. 112-56 temporarily provides an additional year of training under the VR&E program for veterans who have (1) successfully completed a VR&E program and (2) exhausted their rights to unemployment benefits. The veteran must apply for the additional year of training before March 31, 2014. A veteran on the employment through long-term services track is considered rehabilitated when he or she has completed a training program and maintained employment for 60 days. Independent Living Services Track The Independent Living (IL) Services Track is for veterans who may not be able to work immediately and need additional rehabilitation to enable them to live more independently. The short-term focus of the program is on allowing veterans to participate in family and community life, but it also aims to increase their ability to possibly return to work in the longer term. 26 Veterans on this VR&E track may be provided with assistive technology, independent living skills training, and connections to community-based support services. To meet the needs of veterans with severe disabilities and mobility impairments, VR&E’s IL program may work with the VA’s Loan Guaranty Service and the Specially Adapted Housing (SAH) grant program, the Home Improvements and Structural Alterations (HISA) program, the Automobile Adaptive Equipment program, and the Visually Impaired Services Team (VIST). 27 The VR&E also works with the Committee on Care of Veterans with Severe Mental Illness (SMI)28 and the Traumatic Brain Injury Caregivers Panel.29 24 See 38 C.F.R. 21.70(b)(1). See 38 C.F.R. 21.78. 26 See 38 U.S.C. 3109. 27 For information on housing and automobile grants, see CRS Report RL34626, Veterans’ Benefits: Benefits Available for Disabled Veterans, by Christine Scott, Carol D. Davis, and Libby Perl. 28 The 2004 VR&E Task Force Report noted “that the single largest group of veterans for whom an employment plan is not considered feasible was for veterans with psychiatric disabilities,” p. A-64. 25 Congressional Research Service 7 Veterans’ Benefits: The Vocational Rehabilitation and Employment Program When it was first established in 1980, the IL program had an annual cap of 500 new cases.30 This cap was subsequently increased, and in FY2012 a maximum of 2,700 veterans will be permitted to begin an IL program.31 IL programs for veterans usually last 24 months, but they may be extended for an additional six months in exceptional circumstances. P.L. 110-389 provided a waiver from the 24-month limitation if the VA Secretary determines that additional time is needed for a veteran with post9/11 service who has a severe disability. IL expenditures are generally capped at $25,000 per veteran per calendar year. For expenditures over this amount, the counselor must get approval from the local VR&E office.32 Utilization of Each Track VR&E does not report the number of individuals who choose each track. A 2009 GAO report analyzed program data and reported the most recent track selection for almost 24,000 veterans who developed a new plan of service. GAO’s findings are listed in Table 1 and show that the vast majority chose employment through long-term services and that less than 10% pursued selfemployment or one of the short-term programs. GAO cautioned that these data may be imprecise because not all program participants were associated with a track and some beneficiaries may change tracks during the reemployment process.33 (...continued) 29 P.L. 110-181, signed by President George W. Bush on January 28, 2008, mandated the creation of the Traumatic Brain Injury Caregivers Panel to develop coordinated, uniform, and consistent training curricula to be used in training family members in the provision of care and assistance to current and former members of the Armed Forces with traumatic brain injury. For details, see CRS Report RL34371, “Wounded Warrior” and Veterans Provisions in the FY2008 National Defense Authorization Act, by Sarah A. Lister, Christine Scott, and Sidath Viranga Panangala. 30 See P.L. 96-466, the Veterans Rehabilitation and Education Amendments of 1980. 31 This limit of 2,700 was established by the Veterans Benefits Act of 2010 (P.L. 111-275). The cap was previously increased to 2,500 by the Veterans Education and Benefits Expansion Act of 2001 (P.L. 107-103) and to 2,600 by the Veterans’ Benefits Improvement Act of 2008 (P.L. 110-389). 32 See 38 C.F.R. 21.430(c) 33 Government Accountability Office. VA Vocational Rehabilitation and Employment: Better Incentives, Workforce Planning, and Performance Reporting Could Improve Program. GAO-09-34. January 2009, p. 10. Congressional Research Service 8 Veterans’ Benefits: The Vocational Rehabilitation and Employment Program Table 1. Share of Veterans in Each VR&E Track Beginning a plan of service between January 2007 to May 2008 VR&E Track Share of Recipients Reemployment 1.4% Rapid Access to Employment 7.2% Self-Employment 0.4% Employment Through Long-Term Services 79.6% Independent Living 11.4% Source: Government Accountability Office, VA Vocational Rehabilitation and Employment: Better Incentives, Workforce Planning, and Performance Reporting Could Improve Program, GAO-09-34, January 2009. Monetary Benefits for VR&E Participants In addition to training benefits and other employment services, veterans who are entitled to VR&E services are also eligible for certain financial benefits. Subsistence Allowance Most veterans who are receiving benefits under the VR&E program are also eligible for a monthly subsistence allowance. Veterans who are only receiving (1) initial evaluation, (2) placement or post-placement services, and (3) counseling from the VR&E program are not eligible for a subsistence allowance, nor are veterans who are enrolled in a training program less than half-time.34 The subsistence allowance varies by the type of program the veteran is enrolled in and whether or not the veteran has dependents. In FY2012, the monthly allowance for a veteran enrolled fulltime at an institute of higher learning with two dependents is $829.35 The subsistence allowance continues as long as the veteran is enrolled in an eligible program and continues for two months after the program of training has been completed. The subsistence allowance is increased each year proportionate to the rate of inflation.36 As noted previously, P.L. 111-377 modified the subsistence component of VR&E so that veterans who are eligible for both VR&E services and the Post-9/11 GI Bill (also known as Chapter 33 benefits) may opt for the subsistence allowance offered under Chapter 33 while receiving training and other benefits under Chapter 31. Chapter 33 allowances are determined by a veteran’s locality. In FY2012, the Chapter 33 allowance ranges from $720 to $2,742 per month. 37 34 See 38 U.S.C. 3108 and 38 C.F.R. 21.260(d). Subsistence rates for VR&E participants are available on the VBA website at http://www.vba.va.gov/bln/vre/doc/ sa_rates.pdf. 36 38 U.S.C. 3108. 37 The allowance under Chapter 33 is equal to the basic housing allowance for a servicemember with dependents in pay grade E-5. Allowances are determined by zip code and FY2012 allowances at http://www.defensetravel.dod.mil/Docs/ perdiem/browse/Allowances/BAH/PDF/2012/2012-With-Dependents-BAH-Rates.pdf. 35 Congressional Research Service 9 Veterans’ Benefits: The Vocational Rehabilitation and Employment Program In FY2011, subsistence costs for VR&E beneficiaries were $287 million. In FY2012, benefits are expected to rise to $432 million. The VA estimates that $111 million of this increase is due to the changes made by P.L. 111-377. VR&E Loans Veterans entitled to VR&E benefits may also be eligible for interest-free loans. These loans are only available to veterans who have a plan of service with VR&E and “would otherwise be unable to begin, continue or reenter his or her rehabilitation program.”38 The maximum loan amount is equal to twice the weekly subsistence allowance for a veteran with no dependents ($1,134 in FY2011).39 Repayment of the loan is made in monthly installments from future wages, pensions, subsistence allowances, educational assistance allowance, or retirement pay. The VA reported that 2,160 loans were made in FY2011 and that the default rate was less than 0.5%.40 In FY2012, $362,000 was appropriated for this program, of which $343,000 went to administrative costs. The remaining $19,000 represents the subsidy of the loan program. All actual loans and repayments are off-budget. VR&E Participation and Outcome Data Table 2 shows program data from FY2008 through FY2011. The categories for “eligible”, “completed evaluation,” “entitled to services,” and “new plans of service” trace the number of individuals who continued through each stage of the application process. The “rehabilitated” category refers to veterans who secured and maintained suitable employment or completed an independent living program. “Participants” is the broadest measure of program use and includes veterans in any stage of the VR&E process, including pending applicants and those in interrupted rehabilitation status. 38 See 38 C.F.R. 21.274(c). See 38 U.S.C. 3112. 40 U.S. Department of Veterans Affairs, FY2013 Budget Submission, Volume III: Benefits and Burial Programs and Departmental Administration, p. 2C-2, available online at http://www.va.gov/budget/products.asp. 39 Congressional Research Service 10 Veterans’ Benefits: The Vocational Rehabilitation and Employment Program Table 2. Vocational Rehabilitation & Employment Program Statistics, FY2008-FY2011 VR&E Category 2008 2009 2010 2011 Applicants 68,949 77,998 69,390 65,239 Eligible 65,784 74,617 66,717 62,726 Completed evaluation 39,910 44,089 46,523 n/a Entitled to Services 35,166 38,802 41,102 41,229 New Plans of Service 26,703 28,997 27,904 27,821 Rehabilitated 11,039 11,022 10,038 9,862 Participants 103,126 110,750 117,130 116,295 Source: Table prepared by CRS using data from the Department of Veterans Affairs, Veterans Benefits Administration, Annual Benefits Report for FY2008-FY2011. Reports are available at http://www.vba.va.gov/ REPORTS/abr/index.asp. Table 3 shows the types of programs that beneficiaries participated in during FY2011. The table only includes individuals who were concurrently receiving a subsistence allowance while they completed an educational program. It does not include individuals who were receiving training without an accompanying subsistence allowance nor does it include individuals who received nonmonetary benefits from VR&E such as counseling or job search assistance. Table 3. Training Programs of VR&E Beneficiaries, FY2011 Program Undergraduate School Individuals Share of Beneficiaries 49,440 82.7% Graduate School 3,581 6.0% Vocational/Technical School 3,317 5.5% College, Non-degree 1,463 2.5% Othera 1,983 3.3% 59,784 100.0% Total Source: Department of Veterans Affairs, Veterans Benefits Administration Annual Benefits Report for FY2011, p.77. Report is available at http://www.vba.va.gov/REPORTS/abr/index.asp. Note: Data only include individuals who received a subsistence allowance. a. Includes veterans enrolled in paid on-the job training, non-pay work experience in government, non-pay on the job training, apprenticeships, improvement of rehabilitation potential, extended evaluation or independent living, high school, or a farm co-op. Table 4 presents outcome data on VR&E participants who completed the rehabilitation process in FY2011. Among rehabilitated veterans, the average annual wage after rehabilitation was $35,719, compared to $7,499 before receiving services. This calculation only considers participants who obtained employment after rehabilitation; it does not include veterans who completed an independent living program. Congressional Research Service 11 Veterans’ Benefits: The Vocational Rehabilitation and Employment Program Table 4. Outcomes for Veterans Rehabilitated Through the VR&E Program, FY2011 Number Share 9,862 100.0% Completed Independent Living Program 2,442 24.8% Placed in employment 7,420 75.2% Employed in Professional Technical, or Managerial occupations 5,603 56.8% Employed in other occupations 1,817 18.4% Rehabilitated Source: Department of Veterans Affairs, Veterans Benefits Administration Annual Benefits Report for FY2011, p. 79. Report is available at http://www.vba.va.gov/REPORTS/abr/index.asp. In addition to usage and outcome data, VR&E also publishes an annual rehabilitation rate to track the overall effectiveness of the program. VR&E defines its rehabilitation rate as the proportion of clients who were rehabilitated as a share of all clients that exited the program, minus individuals that exited for reasons beyond VR&E’s control.41 In FY2011, VR&E’s rehabilitation rate was 77%. Between FY2008 and FY2011, the rate varied from 74% to 77%.42 41 VR&E excludes veterans from the calculation who accept positions incompatible with their disability; those they consider employable, but who are no longer seeking employment; and those they consider unemployable due to medical or psychological reasons. See p. 21-23 of GAO-09-34 for a full discussion of the VR&E rehabilitation rate. 42 U.S. Department of Veterans Affairs, FY2013 Budget Submission, Volume III: Benefits and Burial Programs and Departmental Administration, p. 4E-10. Available online at http://www.va.gov/budget/products.asp. Congressional Research Service 12 Veterans’ Benefits: The Vocational Rehabilitation and Employment Program Appendix. Other Responsibilities of the VR&E Program In addition to activities authorized under Chapter 31 of Title 38 of the U.S. Code, VR&E also provides several other services to veterans and family members who are eligible for other VA programs. Vocational and Educational Counseling VR&E counselors are available to provide vocational and educational counseling to active duty servicemembers, veterans, military spouses, and dependents who are eligible for certain education benefits. Much like the counseling provided to Chapter 31 beneficiaries, these services are designed to help individuals choose a suitable vocational goal and the education necessary to achieve that goal. Assistance may include testing for aptitude, exploring occupations, setting occupational goals, locating the right type of training program, and exploring educational or training facilities. Beneficiaries of the following programs are eligible for counseling: 43 • Benefits for Children of Vietnam Veterans with Spina Bifida and Other Birth Defects (38 U.S.C., Chapter 18; also eligible for VR&E training, details below); • All-Volunteer Force Educational Assistance Program (Montgomery GI BillActive Duty; 38 U.S.C., Chapter 30); • Post-Vietnam Era Veterans’ Educational Assistance Program (38 U.S.C., Chapter 32); • Post-9/11 Veterans Educational Assistance Program (Post 9/11 GI Bill; 38 U.S.C., Chapter 33); • Survivors’ and Dependents Educational Assistance (38 U.S.C., Chapter 35); • Educational Assistance for Members of the Selective Reserve (Montgomery GI Bill-Selected Reserves; 10 U.S.C., Chapter 1606); and • Reserve Educational Assistance Program (10 U.S.C., Chapter 1607). Regardless of the individual’s eligibility for any of the above programs, educational counseling is also available to all transitioning servicemembers for up to six months prior to and one year after discharge. In all cases, educational counseling services may be provided by VR&E staff or contract counselors. Vocational Training for Children of Vietnam Veterans with Spina Bifida and Other Birth Defects Children of Vietnam and Korean War veterans who were born with spina bifida and children of female Vietnam veterans who were born with certain birth defects are eligible for vocational 43 For more information on these programs, see CRS Report R40723, Educational Assistance Programs Administered by the U.S. Department of Veterans Affairs, by Cassandria Dortch. Congressional Research Service 13 Veterans’ Benefits: The Vocational Rehabilitation and Employment Program training benefits, implemented through the VR&E infrastructure.44 This program offers a shorter duration of training benefits (24 months maximum) than the regular VR&E program and no subsistence allowance. Current usage of this program is limited. An inquiry to the VA in 2012 found that 20 individuals were presently enrolled and five individuals were successfully rehabilitated under this program in FY2011.45 Special Restorative Training VR&E may also provide special restorative training and counseling to eligible spouses and children to help them to overcome or lessen mental or physical disabilities that would handicap them in pursuit of a qualified educational program under Chapter 35 benefits. Once eligible, the spouse or children would receive a comprehensive evaluation to identify the best program or services for their needs. A case manager is to assist the family member throughout the entire program. Normal assistance may continue until the spouse or child has achieved the goals of the special restorative training program. Author Contact Information Benjamin Collins Analyst in Labor Policy bcollins@crs.loc.gov, 7-7382 Acknowledgments The report was originally written by Christine Scott, Carol D. Davis, and Beverley A. Crane. All questions should be directed to the current author. 44 45 38 U.S.C. 1804 and 1812. Response from the VA to a CRS inquiry, received February 29, 2012. Congressional Research Service 14