M28C.III.B.2 M28C.III.B.2 Chapter 2 Legacy and Integrated Disability Evaluation System Program

2.01 Overview of the Integrated Disability Evaluation System Process

(Change Date September 1, 2017)

The Department of Veterans Affairs (VA) partnered with Department of Defense (DoD) in developing and implementing a Service member-centric disability evaluation system, referred to in this chapter as the Integrated Disability Evaluation System (IDES) process. To achieve the goals of the IDES process, VA partners with DoD to enter the transition process to provide Service members (SM) with continuous support and information during the IDES process and throughout their transition to Veteran status.

The multi-step IDES process begins when the military service calls into question the SM’s ability to continue to serve on active duty status due to a medical condition. It proceeds through the medical review process, which includes reviews by DoD’s Medical Evaluation Board (MEB) and Physical Evaluation Board (PEB). This process results in a determination of whether the SM is fit for duty or will be medically separated from active military service. VA is actively involved during this period to determine if the SM will be entitled to receive VA disability compensation.

VR&E staff are introduced into the IDES program early on in the transition process to ensure that the SM has every opportunity to receive early intervention, outreach, and rehabilitation services. To achieve these goals, VR&E Service has established the IDES program, staffed by IDES VRCs located on military installations across the nation.

a. Eligibility for Referral to the Integrated Disability Evaluation System Program

(Change Date September 1, 2017)

SMs, including National Guard and Reserve members on active duty orders, meeting the following criteria are eligible to receive a referral to the IDES program for early intervention, outreach, and rehabilitation services:

SMs evaluated by a DoD or VA physician and determined to have a severe injury or illness which could cause referral into the IDES process.

SMs who are assigned to a Service’s Wounded Warrior Unit (WTU) and are participating in DoD’s Education and Employment Initiative (E2I) program that may or may not be enrolled in the IDES process.

SMs who are referred to a PEB.

b. Integrated Disability Evaluation System Vocational Rehabilitation Counselor

IDES VRCs perform many of the same duties as traditional VRCs, but with some distinct differences.

1. Roles and Responsibilities

(Change Date September 1, 2017)

The primary role of an IDES VRC is to provide early intervention, outreach, and rehabilitation services to transitioning SMs; therefore, IDES VRCs are housed on military installations. IDES VRCs provide the full range of early intervention, outreach, Chapters 31 and Chapter 36 services. IDES VRC roles and responsibilities include, but are not limited to, the following:

Make entitlement determinations via statutory, regulatory, and procedural guidance.

Complete initial rehabilitation evaluations and interpret test results utilizing data from medical records, psychological reports, vocational evaluations, aptitude and interest testing, and any other relevant sources.

Consider the SM’s complete personal, vocational, and educational history. Collect data on abilities, aptitudes, and interests, as well as limitations imposed by the SM’s disability(ies), in an effort to develop appropriate and attainable vocational goals.

Assist the SM in exploring and identifying rehabilitation needs, goals, and objectives. Complete rehabilitation planning activities to develop complex individualized rehabilitation plans.

Complete case documentation and provide case management services.

Facilitate individual and group counseling sessions.

Provide employment services, which require collaboration with other professionals regarding employment resource development and placement.

Act as a liaison with local military installations, particularly with military personnel in the medical evaluation and discharge process and other support services. Act as a member of the SM’s treatment team and, as such, may receive requests for information from the SM’s Recovery Case Coordinator and/or Chain of Command.

Participate in outreach activities in partnership with military units to improve SMs’ awareness of VA benefits and services available to them. Outreach events may be both on location and off-site and may include career fairs; educational workshops; Post Deployment Health Reassessment events; Transitional Assistance Program presentations; Benefits Delivery at Discharge (BDD) Program events; and coordination with branches of services wounded warrior programs. Refer to M28C.III.B.1 for additional information on outreach activities.

It is strongly encouraged that IDES VRCs connect with the Physical Evaluation Board Liaison Officers (PEBLO) and Military Service Coordinators (MSC) at each military installation in their catchment area. The PEBLO/MSC’s need to know who the IDES VRCs are and where they are located.

If a Regional Office (RO) does not have an assigned IDES VRC, these duties must be assigned to a VRC in the VR&E division. If the SM is unable to report to the VR&E office, he or she may be scheduled for an appointment at a convenient alternate location or use Tele-counseling.

2. Integrated Disability Evaluation System Mission Focus

(Change Date March 12, 2021)

The IDES VRC's mission is focused on transitioning SMs. This includes automatic entitlement decisions, plan development, which may include an Individualized Written Rehabilitation Plan (IWRP) with a Deferred Vocational Goal, and ensuring a warm handoff when transferring the case.

3. Managing Personally Identifiable Information

(Change Date September 1, 2017)

The IDES VRC will use approved methods for storing, transmitting, shipping, and/or transporting PII. Refer to M28C.II.A.2 for detailed guidance on employee access to PII and security requirements for VA folders containing PII.

4. Use of Contract Counselors

(Change Date October 1, 2020)

The use of the national contract is acceptable provided extensive testing is needed that is outside of what the IDES VRC would normally use for plan development, or what testing results the SM may bring to the appointment.

c. Veteran Readiness and Employment Interview

(Change Date September 1, 2017)

In accordance with the MOU between VA and DoD referenced above, all eligible SMs involved in the IDES process must be referred to an IDES VRC for information on VA VR&E benefits briefing to provide information on services and assistance.

DoD mandates SM attendance for this initial meeting, which is provided in a one-on-one setting. This is separate from DoD’s required IDES Orientation conducted at all military installations. However, IDES VRCs must be at the IDES orientations. VR&E is a section of the orientation checklist for IDES participants; therefore, SMs need to know who the IDES VRCs are and where they are located.

1. Required Referral Documents

VR&E will accept several types of referral documents for the initial meeting with the IDES VRC, as listed below.

(a) Military Request for VA Veteran Readiness and Employment

(Change Date September 1, 2017)

The Military Request for VA Veteran Readiness and Employment (VR&E) form in Appendix C must be completed and submitted to VR&E. DoD personnel may complete the form to refer severely ill or injured SMs who are participating in the E2I, that have not been referred to a PEB, or are not enrolled in the IDES process. IDES VRCs are encouraged to market the VR&E program to DOD personnel to increase referrals.

(b) Veterans Affairs/Department of Defense Joint Disability Evaluation Board Claim

(Change Date September 1, 2017)

VA Form (VAF) 21-0819, DoD Referral to the Integrated Disability Evaluation System (IDES), is acceptable in place of, or in addition to, the Military Request for VA Veteran Readiness and Employment (VR&E) form. It is important to note that only the top portion of this form must be completed for a referral.

(c) Department of Defense Form 2870

(Change Date September 1, 2017)

A completed DD Form 2870, Authorization for Disclosure of Medical or Dental Information, along with a completed VAF 3288, Request for and Consent to Release of Information from Individual’s Records, allows the IDES VRC to communicate with DoD personnel regarding the SM’s benefits and services. In addition, the completion of this form allows DoD to more accurately count and track the number of SMs referred for a benefit briefing.

(d) Request for and Consent to Release of Information from Individual’s Records

(Change Date September 1, 2017)

VAF 3288, Request for and Consent to Release of Information from Individual’s Records, along with DD Form 2870, allows the IDES VRC to communicate with DoD personnel regarding the SM’s case.The SM may not have access to this form prior to the briefing. In that case, the SM will complete this form at the briefing.

2. Scheduling

(Change Date September 1, 2017)

When the IDES VRC receives the required referral document(s), he or she must provide the SM with the next available appointment that aligns with the VRC’s and SM’s schedule. The IDES VRC may also meet with walk-in SMs and does not need to wait for an official referral. In addition, the IDES VRC an retrieve a list of SMs from the Military Service Coordinator/Servicemember (MSC/SM) completed interview report in VTA. Since one of the primary missions of the IDES program is early intervention and outreach, SMs must have access to information in a timely manner.

3. Purpose

(Change Date October 1, 2020)

The purpose of the benefits briefing is to provide early intervention, outreach, and general information on VA services available to the SM. If the SM is interested in pursuing VA services, the IDES VRC will provide access to and, as needed, assistance with the completion of the appropriate application based on the type of benefit the SM is interested in pursuing.

a) If interested in Chapter 36 Counseling, the SM must complete and submit VAF 25-8832, Education/Vocational Counseling Application, VAF 22-1990, Application for VA Education Benefits, or a written request that includes name, social security number, and discharge date, either the actual date or an estimated date if the individual is still on active duty. IDES VRCs are required to accept applications and determine eligibility for Chapter 36 Counseling. Refer to M28C.VII.A.1 for additional information on Chapter 36.

b) If a SM is in the IDES process, the VAF 21-0819, VA/DoD Joint Disability Evaluation Board Claim with the DD Form 2870 is used to refer the SM by the PEBLO or MSC to the Chapter 31 program. If the SM decides to pursue Chapter 31, then the SM will complete VAF 28-1900, Application for Veteran Readiness and Employment for Claimants with Service-Connected Disabilities.

c) If a SM is not in the IDES process, the Military Request for VR&E (qualified document) with the DD Form 2870 is used to refer the SM the Chapter 31 program. If the SM decides to pursue Chapter 31, then the SM will complete VAF 28-1900.

d. Tracking Cases

The IDES VRC must track and report activities for each SM who is referred for a benefit briefing, as well as any subsequent rehabilitation services provided as a result of the briefing.

1. Veterans Tracking Application

(Change Date October 1, 2020)

Veterans Tracking Application (VTA) is a joint VA/DoD application to support the effective management and tracking of Veteran and SM beneficiaries at all levels of the continuum of care. IDES VRCs are responsible for updating VR&E-specific fields in VTA.

All IDES VRCs must request access rights to VTA. A VR&E office without a full-time IDES VRC must ensure that at least one staff member has access to VTA. However, it is recommended that all VR&E offices have a primary, and a back-up, staff member with access to VTA.

To gain access rights to VTA, the IDES VRC, or designated staff member, must go to VTA and sign-on with PIV (cert and pin). On the VTA registration page, complete the data field based on your user role (IDES VR&E). Refer to TMS training #4539977 for additional information on how to use the VTA system.

2. Electronic Records

(Change Date October 1, 2020)

If the SM applies for Chapter 31 services or Chapter 36 Counseling, this information must also be tracked in the CWINRS record and Veterans Benefits Management System (VBMS). At present, VTA and the CWINRS do not communicate; therefore, VR&E staff must input case management information into both systems.

e. Required Documentation

(Change Date September 1, 2017)

If the SM applies for Chapter 31 services or Chapter 36 Counseling, this information must be documented and filed in the VR&E record. The IDES VRC will follow current guidance in the M28C for procedural guidance on documentation.

2.02 Veteran Readiness and Employment Services Available to Service Members

(Change Date April 23, 2021)

The main authority under which SMs will receive services from VR&E is Chapter 31. However, SMs may also qualify for services from VR&E provided under Chapter 36. It is important to note that the SM may only receive services under one VA authority at a time. Refer M28C.VII.A.1 for in-depth information and procedural guidance on the delivery of Chapter 36 Services and Counseling.

In accordance with 38 U.S.C. 3100, Chapter 31 provide services and assistance to enable SMs entitled claimants to achieve maximum independence in daily living and, to the maximum extent feasible, become employable and obtain and maintain suitable employment.

These services are governed by Title 38 of the United States Code (U.S.C), Chapter 31 and Title 38 of the Code of Federal Regulations (CFR), Part 21. To apply for Chapter 31 services, the SM may complete and submit VAF 28-1900, Application for Veteran Readiness and Employment for Claimants with Service-Connected Disabilities; apply online through va.gov; or provide a written request that includes the SM name and social security number.

All procedural guidance for the provision of Chapter 31 services to SMs is the same as the provision of Chapter 31 services to Veterans, except as noted in this chapter.

a. Eligibility

(Change Date September 1, 2017)

In accordance with 38 U.S.C. 3011 and 3012, a SM shall be eligible for a rehabilitation program under the terms and conditions of chapter 31 if the SM is hospitalized or receiving outpatient medical care, services, or treatment for a service-connected disability pending discharge from the active military, naval, or air service, and the Secretary determines that:

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

The person is suffering from a disability which will likely be compensable at a rate of 20 percent or more under chapter 11 of Title 38.

b. Entitlement

(Change Date October 1, 2018)

On September 29, 2018, the Department of Veterans Affairs Expiring Authorities Act of 2018, was passed into law. Section 126 of the law removed the sunset date for the automatic entitlement provision that was originally enacted in Section 1631(b)(2) of Public Law (Pub. L.) 110-181; thus, making the authority permanent. As a result, automatic entitlement to Chapter 31 benefits for SMs with severe injuries or illnesses may be applied continuously from this date forward to SMs meeting the criteria.

Refer to section 2.04 of this chapter for information and procedural guidance on the automatic entitlement to Chapter 31 provision provided in NDAA.

c. Rehabilitation Plan Development

(Change Date March 12, 2021)

It is common for SMs who are transitioning out of the military to relocate at discharge, resulting in unique challenges when developing the rehabilitation plan. These challenges include, but are not limited to, the following:

The SM is not in full control of when he or she will be discharged and therefore able to relocate.

Relocation services may be delayed.

Lack of information on the labor market in the area in which the SM wishes to relocate.

Lack of knowledge on the most appropriate rehabilitation and training facilities in the area in which the SM wishes to relocate.

As such, the IDES VRC may utilize an IWRP with a Deferred Vocational Goal prior to transferring the SM's case to the receiving RO. This plan allows an SM to begin training while exploring a suitable vocational goal. The IDES VRC is encouraged to work with the Education Counselor for each branch of service to develop a viable plan of services. The IDES VRC should discuss Tuition Assistance (TA) benefits with the SM as well. This ensures that both the IDES VRC and SM have completed a thorough exploration prior to the identification of a suitable vocational goal. Refer to M28C.IV.C.4 Rehabilitation Plans to Employability for additional information on IWRP with a Deferred Vocational Goal.

Developing an IWRP with a Deferred Vocational Goal requires that a training objective be included for remedial and/or general courses only at a facility within the jurisdiction of the receiving RO where the SM plans to relocate.

When developing the rehabilitation plan, the IDES VRC must ensure that the vocational goal is achievable within 48 months of entitlement, unless entitlement is extended under 38 CFR 21.78.

SMs may receive the full range of Chapter 31 services, except as noted in below.

d. Limitation on Services

(Change Date May 29, 2018)

SMs may not receive the following services as part of a rehabilitation plan under Chapter 31:

Rehabilitation services consisting solely of employment services, unless the criteria outlined in 38 U.S.C. 3117 is met.

Subsistence allowance

Employment Adjustment Allowance (EAA)

Revolving Fund Loan (RFL)

e. Transferring Cases

1. Transfer Within the Regional Office

(Change Date March 8, 2013)

An SM who is entitled to Chapter 31 services will be reassigned to a different VRC within the same RO for case management. The VR&E Officer must ensure that case transfers are completed timely, meaning that the IDES VRC must contact the receiving VRC prior to the transfer of the SM’s case to staff the case. Follow-up contacts by the IDES VRC will be made to ensure that the SM meets with the new VRC within 30 days of transfer. These contacts must be clearly documented in electronic case notes.

2. Transfer to Another Regional Office

(Change Date October 1, 2020)

If the SM relocates and his or her case is transferred to another RO’s jurisdiction, the IDES VRC will expeditiously transfer the SM’s case to the receiving station. The VR&E Officer will accept the NDAA case for a SM found automatically entitled under the provisions originally outlined in NDAA. The transferring VRC must not discontinue the case prior to transfer. Requests for case transfer cannot be refused. Refer to M28C.III.A.2 for additional procedural guidance on case transfers.

2.03 Transition to Veteran Status

The continuation of Chapter 31 services to SMs may be impacted when transitioning to Veteran status based on the following:

a. Unfit for Duty Determination

(Change Date September 1, 2017)

If the SM is found to be unfit for duty by the PEB, the IDES VRC must develop the case through Evaluation and Planning and then transfer the case to a traditional VRC.

b. Dishonorable Discharge

(Change Date September 1, 2017)

In accordance with 38 U.S.C. 3103 and 38 CFR 21.42, the character of discharge is a bar to benefits. Therefore, if the SM receives a dishonorable discharge, the Chapter 31 program must be terminated effective the last day of the month in which the SM is discharged with a dishonorable classification.

c. Fit for Duty

(Change Date September 1, 2017)

A SM found to be fit for duty following a PEB while participating in the Chapter 31 program may not receive further services under Chapter 31, except for employment services to ensure adjustment to the military occupation.

Following the determination that the SM will remain on active duty, the IDES VRC must provide due process, as applicable and move the SM’s case to rehabilitated or discontinued status, as appropriate. Refer to M28C.V.A.6 for specific procedural guidance on the closure process.

d. Continue on Active Duty

(Change Date September 1, 2017)

In some instances, the PEB may find that the SM is unfit for duty but allow him or her to continue on active-duty status. In these instances, the SM cannot continue to receive Chapter 31 services. Therefore, the IDES VRC must provide due process and move the SM’s case to rehabilitated or discontinued status, as appropriate. Refer to M28C.V.A.6 for specific procedural guidance on the closure process.

e. Recalled to Active Duty

1. Chapter 31 Services

(Change Date September 1, 2017)

VA disability compensation payments will be terminated when a SM is recalled for active duty. However, the VA service-connected disability rating is not severed. If the SM is able to continue participation in the vocational rehabilitation process, he or she may continue to receive the same Chapter 31 benefits and services as a SM with a memorandum rating.

The VRC must re-evaluate the plan of services to determine whether the SM is able to continue planned services. If the SM is not able to continue participating under Chapter 31, the VRC should decide whether to move the case toward rehabilitation based on the suitability of the current military job or toward discontinuance and consider whether an MRG is appropriate.

Service-connection is predominately severed only when a Clear and Unmistakable Error (CUE) is identified. This means that the service-connection was granted in error. Even if a condition has improved, the most that may happen is that rating would be reduced in the disability evaluation process, but as long as it still meets the criteria as being related to service, it would not be severed. Refer to M21-1.IV.ii.3.A.2.a for more information about severance due to CUE.

2. Impact on Basic Period of Eligibility

(Change Date March 31, 2014)

In accordance with 10 U.S.C. 688, 12301, 12302, and 12304, if VA determines that a Veteran is prevented from participating in or continuing in a program of vocational rehabilitation as a result of being recalled to active duty the Veteran’s period of eligibility and resulting Eligibility Termination Date (ETD) must be extended. In accordance with 38 U.S.C. 3103 and 38 CFR 21.46 the extension is equal in length to the recall period, plus four months.

This extension allows for additional vocational assessment and the development of an appropriate rehabilitation plan. An extension would not be needed for individuals that are able to continue their Chapter 31 program while on active duty.

To calculate this extension, subtract the Entered on Active Duty (EOD) date from the Released from Active Duty (RAD) date and add four months. The EOD and RAD dates are found on the SM’s CWINRS folder under the Personal tab. This extension should be processed after discharge when a Veteran reapplies for VR&E benefits so that the actual RAD date can be used, and an accurate extension granted.

2.04 Impact of Public Law 110-181, Automatic Entitlement on Service members

(Change Date September 29, 2018)

NDAA for FY 2008 does not define “severe injury or illness”; however, it is VA’s view that Congress intended to use the term “serious injury or illness”. This is based on the fact that “serious injury or illness” is used throughout the law, and is defined in section 1602(8) as “an injury or illness incurred in by the {service} member in {the} line of duty on active duty in the Armed Forces that may render the {service} member medically unfit to perform the duties of the {service} member’s office, grade, rank, or rating.

a. Automatic Entitlement to Chapter 31 Services

1. IDES

(Change Date September 1, 2017)

As a result of the law, SMs awaiting discharge due to a medical condition resulting from a serious injury or illness that occurred in the line of duty may be automatically entitled to Chapter 31 services (IDES), WTU, E2I. Entitlement is established without regard to a VA service-connected disability rating or a determination of employment handicap.

2. Legacy Disability Evaluation System

(Change Date October 1, 2020)

The Legacy Disability Evaluation System (LDES) allows the Military or the SM to request, on a case-by-case basis, disability evaluation through a DoD-only process. A SM requesting disability evaluation through the LDES is briefed or must acknowledge in writing that he or she was briefed by legal counsel on the differences between the IDES and LDES processes. The LDES process is similar toIDES except LDES does not involve the VA; DoD conducts medical examinations for all conditions causing referral to LDES, makes MEB and PEB determinations, and develops disability ratings for the condition(s) that cause or contribute to the SM’s unfitness for continued service. SM in the LDES have the same appeal options as in the IDES. SM, if separated or retired through the LDES, may voluntarily apply for VA disability benefits through the VA’s pre-discharge program prior to separation or after leaving the Service and attaining Veteran status.

To qualify for benefits under the LDES provision for automatic entitlement, the SM provides qualifying information from medical personnel documented on Appendix C indicating he or she has a severe injury or illness that was incurred or aggravated while the SM was in service, and as a result, is awaiting discharge.

3. Entitlement and Duration of Services under IDES and LDES

(Change Date October 1, 2020)

Entitlement is established when all the following criteria are met:

a) Receipt of qualifying documentation. VR&E will accept documentation of referral to a military PEB or MEB, a completed Appendix C, Military Request for VA Veteran Readiness and Employment form, or a proposed or finalized Rating Decision. DoD personnel may complete Appendix C, the Military Request for VA Veteran Readiness and Employment form to refer severely ill or injured SMs who are participating in the Education and Employment Initiative (E2I), have not been referred to a PEB or MEB, or are not enrolled in the IDES process.

b) Receipt of a completed and signed VAF 28-1900.

c) SM must attend the comprehensive initial evaluation appointment with the IDES VRC. Refer to M28C.III.B.2.01.b.4

Once a SM is found entitled under this provision, he or she remains entitled, even without the eventual establishment of a VA disability rating, until his or her case is moved to rehabilitated or discontinued status. If rehabilitated or discontinued from the VR&E program, the SM or claimant must re-apply and meet the eligibility criteria in place at the time of the new application.

If the SM separates from the military prior to reporting for the comprehensive initial evaluation appointment, then he or she must not be found automatically entitled under NDAA. In these instances, the IDES VRC must make the eligibility and entitlement determination in the same manner as for any other applicant with Veteran status.

b. Initial Evaluation

(Change date January 6, 2020)

Even though entitlement is automatic under NDAA, the IDES VRC must provide the Service member with a comprehensive initial evaluation. The initial evaluation will be completed to assess impairment(s) to employability and to determine Employment Handicap, Serious Employment Handicap, and feasibility of achieving a vocational goal. These decisions will be the basis for rehabilitation planning regarding the type and extent of services to available to, and most appropriate for the claimant.

The VRC must document on VAF 28-1902b, Counseling Narrative, the claimant’s entitlement was established based on the following criteria:

• Receipt of VAF 28-1900
• Receipt of qualifying documentation
• Attendance at the initial appointment with the IDES VRC
• For the purpose of plan development and provision of services:
• Vocational impairments and functional limitations
• Determination of a Serious Employment Handicap

The IDES VRC must document on VAF 1902f, Feasibility Determination-Narrative Report, the claimant's feasibility of achieving a vocational goal.

c. Corporate WINRS Requirements

(Change Date September 1, 2017)

An “in-service” generated eligibility determination (GED) must be completed when sufficient documentation is received and the SM reports for the first appointment with the IDES VRC. Therefore, given the automatic entitlement provision, it is common for the CWINRS record to be created in applicant status and moved to evaluation and planning status on the same day. If GED processing is delayed, “days to entitlement” will be impacted and result in a negative number as the entitlement date will precede the date of CWINRS folder creation.

If the SM was found entitled to Chapter 31 as a result of the provisions of NDAA, then VR&E staff must select the “NDAA” indicator check box during Automated GED (AutoGED) in CWINRS. This allows the use of filters and sorting of cases on the Select Folders screen. These cases will appear as Chapter 31 case type with an NDAA indicator.

VR&E staff must ensure the following actions are taken in CWINRS:

NDAA cases must be tracked monthly on the CWINRS Folder Selection screen by applying the filters “NDAA” for Benefit Type and “0%” rating. These cases must be refreshed in CWINRS monthly and reviewed to discern whether a Release from Active Duty (RAD) date now exists and whether a VA disability rating has been finalized.

When information is available that the SM has been discharged, VR&E must update the master record by processing an AutoGED to add the RAD date and the initial rating notification date and to remove the “In-Service” indicator.

If a VA disability rating has been completed, VR&E staff must update the disability field. If a VA disability rating has not been completed, VR&E staff must continue to refresh in CWINRS monthly. When a VA disability rating has been finalized, CWINRS will be updated. However, claimants found entitled under this automatic entitlement provision remain entitled regardless of the eventual establishment of a VA disability rating and/or the establishment of a VA disability rating of 0% or 10%.

d. Rehabilitation Plan Development

(Change Date September 1, 2017)

SMs found to be automatically entitled under NDAA may receive the full range of Chapter 31 services available to SMs, except as noted in section 2.04 of this chapter.

Refer to M28C.IV.C.2 for additional guidance on plan rehabilitation development for SMs.

e. Requirements for Independent Living Services

(Change Date September 1, 2017)

Although entitlement to Chapter 31 services is automatic under NDAA, all of the following criteria must be met before the SM can receive IL services if found automatically entitled under NDAA:

A determination of Serious Employment Handicap (SEH).

A determination that is it not currently reasonably feasible that the SM could achieve a vocational goal.

Documented IL needs.

If a program of solely Independent Living (IL) services are provided, those services must focus on the transition to civilian life, not retention in the military.

If the SM needs IL services, the IDES VRC must transfer the case to a traditional VRC for service provision once the plan is developed.

2.05 Applications Following Rehabilitation or Discontinuance

(Change Date March 31, 2014)

Claimants reapplying for VR&E benefits following rehabilitation or discontinuance may reenter the Chapter 31 program based on the entitlement criteria in place at the time of re-application. A SM may reapply to VR&E services at any time, until the SM is discharged, he or she may be eligible for automatic entitlement in accordance with Public Law 110-181.

Automatic entitlement no longer applies after a claimant's case is Discontinued or Rehabilitated status and reapplies for Chapter 31 benefits has been released from active duty. Refer to M28C.IV.A.1 for procedural guidance on application processing.