M28C.IV.C.7 M28C.IV.C.7 Employment Assistance Plan

7.01 Employment Plan Overview

(Change Date November 18, 2022)

Provision of employment services is a primary component of all vocational rehabilitation programs. Employment planning begins during the claimant's comprehensive evaluation, which includes vocational exploration activities. These activities assist in identifying the claimant's suitable vocational goal, determining employment barriers, developing strategies to overcome those barriers, and identifying needed services to enable the claimant to achieve his or her employment goal.

Title 38, United States Code (U.S.C.) 3104 authorizes the Department of Veterans Affairs (VA) to furnish services necessary to assist eligible claimants prepare for, obtain, and maintain suitable employment.

Comprehensive planning is essential in providing effective employment services. This includes determining all employment barriers and developing strategies to overcome those barriers during the comprehensive evaluation.

Refer to M28C.IV.C.2 for information on roles and responsibilities in rehabilitation planning.

Refer to VR&E Glossary of Terms for definitions of commonly used terms in this chapter.

a. Eligibility and Entitlement to Employment Assistance

(Change Date August 15, 2013)

In accordance with 38 Code of Federal Regulations (CFR) 21.47, all claimants determined eligible and entitled to participate in a rehabilitation program under Chapter 31, and is in need of employment assistance, may receive employment services.

Refer to M28C.IV.A.2.04.a for criteria on eligibility and entitlement to employment assistance.

b. Duration of Employment Assistance

(Change Date January 5, 2021)

In accordance with 38 CFR 21.73, employment assistance is provided for the period necessary to enable a claimant to obtain and maintain suitable employment. The period of assistance is limited to 18-months of employment services if the claimant meets eligibility for employment assistance under the provisions of 38 CFR 21.47.

Refer to M28C.IV.C.2 for detailed information on duration of the periods of employment assistance.

c. Tracks of Service for Employment Plans

(Change Date October 1, 2020)

Refer to M28C.IV.C.2 for information on all five tracks to employment. There are three tracks, outlined below, for which selection results in the development of an employment plan. (Note: Self-employment is covered in M28C.IV.C.5.)

1. Employment Through Long-Term Services

(Change Date March 31, 2014)

The purpose of an employment through long-term services rehabilitation plan is to provide an extended period of training and rehabilitation services to ensure the claimant has the skills necessary to obtain and maintain suitable employment. Employment through long-term services rehabilitation plans are developed and documented in an Individualized Written Rehabilitation Plan (IWRP) or a combined IWRP/Individualized Employment Assistance Plan (IEAP) format.

2. Rapid Access to Employment

(Change Date March 31, 2014)

The purpose of a rapid access to employment rehabilitation plan is to provide the services necessary for the claimant to obtain and maintain employment as quickly as possible. It is not uncommon for the claimant to require some short-term training or the opportunity to refresh his or her skills prior to the delivery of employment focused services. Therefore, the rehabilitation plan is developed as either an IWRP or a combined IWRP/IEAP.

The only time the Vocational Rehabilitation Counselor (VRC) can develop an IEAP without first providing services in an IWRP is when the claimant is a prior vocational rehabilitation program participant who qualifies for a program of solely employment assistance, as outlined in 38 U.S.C. 3117, described in section 7.02.e below.

3. Re-Employment

(Change Date March 31, 2014)

The purpose of a reemployment rehabilitation plan is to provide the services necessary for the claimant to return to work in the job held prior to entering active duty. It is not uncommon for the claimant to require some short-term training or the opportunity to refresh his or her skills prior to the delivery of employment focused services. Therefore, the rehabilitation plan is developed as either an IWRP or a combined IWRP/IEAP. Similar to the rapid access to employment plan, the only time it is permissible to develop the plan solely as an IEAP is when the individual was a prior claimant of a vocational rehabilitation program and requires only a program of employment services, as outlined in 38 U.S.C. 3117 and described in section 7.02.e below.

d. Services and Service Exclusions for Employment Plans

(Change Date August 15, 2013)

The services offered by the VR&E program are governed by 38 U.S.C. 3104 and 38 U.S.C. 3117. In employment planning, services are individualized and designed to assist the claimant in obtaining suitable employment. The case manager works closely with the claimant to develop a list of value-added services to promote attainment of the vocational goal. The IEAP or combined IWRP/IEAP should clearly state a specific vocational goal and outline specific employment activities necessary for the claimant to achieve his or her vocational goal. Among these employment activities, the IEAP may include:

• Registering with the college, university, or training facility’s placement office
• Registering with the state employment office
• Joining a local professional organization
• A variety of services are available to assist the claimant in meeting his or her vocational goal, outlined in a rehabilitation plan, to include:

1. Academic Coursework

(Change Date August 15, 2013)

Academic coursework is a key component of most employment through long-term services plans. It is provided to assist the claimant in obtaining the skills and education necessary to obtain and/or maintain suitable employment.

2. Short-term Training or Certificate Completion

(Change Date August 15, 2013)

An employment plan in any track can include short-term training to enhance employment skills and/or obtain professional certification if the VRC determines that these skills and/or certifications are necessary for the claimant to obtain and/or maintain suitable employment, in accordance with 38 CFR 21.120.

3. Subsistence Allowance

(Change Date August 15, 2013)

Subsistence allowance, paid in accordance with 38 CFR 21.260, is permissible when training is part of an IWRP or combined IWRP/IEAP. Refer to M28C.V.B.7 for procedural guidance on payment of subsistence allowance.

4. Revolving Fund Loan (RFL)

(Change Date August 15, 2013)

Advances from the revolving fund may be permissible while participating in an IWRP or combined IWRP/IEAP; refer to M28C.V.B.8 for procedural guidance on advances from the revolving fund.

5. Work-Study Allowance

(Change Date August 15, 2013)

Participation in the work-study program may be permissible while participating in an IWRP or combined IWRP/IEAP. However, while the claimant is participating in a program of employment services, he or she will not meet the eligibility criteria for participation in the work-study program. Refer to M28C.IV.C.2 for procedural guidance on the implementation of the work-study program.

6. Counseling

(Change Date August 15, 2013)

In accordance with 38 U.S.C. 3107, all rehabilitation plans must include counseling services. The VRC provides counseling services to assist the claimant in utilizing his or her VA benefits in the most advantageous manner, make informed decisions, resolve adjustment issues, and address aspects of disability on activities of daily living and any other areas of concern.

7. Career Counseling

(Change Date August 15, 2013)

The case manager continually provides career counseling to ensure the claimant has the skills necessary to make an informed decision regarding his or her vocational goal.

8. Skills Development Needs

(Change Date August 1, 2012)

The claimant may need to develop or improve his or her employment-seeking skills, to include:

• Interviewing techniques
• Resume preparation
• Grooming and hygiene habits
• Personal marketing skills
• Communication skills
• Networking skills

The case manager will provide the necessary assistance to enable the claimant to achieve these skills through direct assistance and/or with the support of additional resources.

9. Information Development Needs

(Change Date August 1, 2012)

The case manager and the claimant need to work together to acquire factual and realistic data about the job market. Case managers assist the claimant not only in the development of a suitable vocational goal, but also in the development of a clear understanding of his or her perceptions of that goal, and what he or she may anticipate following the achievement of the goal in terms of salary and benefits.

10. Employment Assistance

(Change Date August 15, 2013)

It is important to maintain a focus on employment throughout any employment plan to ensure that the services provided will lead to employment in a suitable occupation. To achieve this goal, the VRC and Employment Coordinator (EC) can provide employment assistance services from the onset of the IWRP. Examples of employment assistance include, but are not limited to:

• Resume development
• Interviewing skills training
• Job-readiness training
• Registration with career services office on campus
• Participation in professional organizations and/or groups
• Referral to Department of Labor sponsored employment services

11. Job Accommodations

(Change Date August 15, 2013)

The case manager will work closely with the claimant to identify and address any needed job accommodations and provide training on how to request accommodations in the work setting. The Job Accommodation Network (JAN) is an excellent resource for identifying accommodations that may be beneficial based on the disabling condition.

12. Resources and Referrals

Case managers utilize the following resources to ensure that the claimant has every opportunity to achieve his or her vocational goal:

• (a) Department of Labor (DOL)

(Change Date August 1, 2012)

DOL employs Disabled Veterans’ Outreach Program (DVOP) specialists and Local Veterans’ Employment Representatives (LVERs) to work as Veterans’ employment liaisons. DVOP specialists and LVERs assist Veterans in securing temporary employment, internships, apprenticeships, and placement into suitable employment. Case managers encourage claimants to work closely with their DVOP specialist and LVER and coordinate services as outlined in the MOU and any local agreements.

(b) VA Medical Facilities

(Change Date July 6, 2020)

The VRC will coordinate medical and mental health services as needed with the Veterans Health Administration (VHA) to ensure the claimant’s health conditions are treated and stabilized to the maximum extent possible. VHA facilities provide therapy and other medical treatment options to Veterans with disabilities participating in the VA VR&E program, per 38 U.S.C. 3104(a)(9), Chapter 31. For more information on the scope of these services, refer to VHA Directive 1601A.02, Eligibility Determination.

(c) Community Resources

(Change Date August 1, 2012)

Community resources may include placement services at the claimant’s technical school, college or university, state vocational rehabilitation agencies, and other locally based not-for-profit facilities.

(d) Contractors

(Change Date October 1, 2020)

The case manager may refer the claimant to work with a contractor for employment services; refer to M28C.V.B.3 for more information about contract services.

13. Reemployment Rights Advice

(Change Date August 15, 2013)

Job placement services in the re-employment track are focused on returning the claimant to the position he or she held prior to active duty. Therefore, the case manager must complete an occupational analysis to ensure that the vocational goal is suitable, with or without accommodations, and the claimant has the functional ability to return to the position prior to providing job placement services.

The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) protects civilian job rights and benefits for Veterans and members of the active and Reserve components of the U.S. armed forces. USERRA provides that returning Service members must be promptly re-employed in the same position that they would have attained had they not been absent for military service, with the same seniority, status and pay, as well as other rights and benefits determined by seniority. USERRA provides protection for Veterans with disabilities, requiring employers to make reasonable efforts to accommodate the disability. The period during which an individual must make application for re-employment or report back to work after military service is based on time spent on military duty. Case managers must have sufficient knowledge of USERRA requirements, as outlined by DOL, in order to assist the claimant. If a claimant believes his or her re-employment rights are being violated, the case manager must coordinate services by referring the claimant to the DOL Veterans' Employment and Training Service (VETS) or the Department of Defense Employer Support of the Guard and Reserve.

14. Travel

(Change Date August 1, 2012)

In accordance with 38 CFR 21.370-21.376, case managers can pay for intraregional and interregional travel to the place of employment under certain conditions. Payment for this travel is limited to the claimant’s transportation costs and does not include the costs associated with the travel of dependents or possessions. Prior to authorization, the case manager must determine that the travel at government expense is necessary for the claimant to obtain and maintain suitable employment. Refer to M28C.V.B.5 for information regarding beneficiary travel.

(a) Limited Travel for Interviews

(Change Date August 1, 2012)

Case managers may authorize intraregional travel for a claimant to report to a prospective employer-trainer (for on-the-job training) for an interview prior to induction into training. There must be a definite assurance in advance of approving the travel that, upon the interview, the employer will start the claimant in training if the employer finds the claimant acceptable, per 38 CFR 21.370(b)(2)(ii).

Case managers may authorize interregional travel when the claimant needs to report to the chosen school for a personal interview prior to induction into training when the school requires the interview as a condition of admission. There must be assurance before the travel is approved that the claimant’s records (school, counseling, etc.) show that he or she meets all the basic requirements for induction under 38 CFR 21.282, and that the claimant submits a transcript of his or her high school credits and a transcript from any school he or she attended following high school to the school, in accordance with 38 CFR 21.370(b)(2)(iii)(A-C) .

(b) Travel to Report for Work

(Change Date August 1, 2012)

Case managers may approve intraregional and/or interregional travel at government expense for a claimant to report to a place of prearranged satisfactory employment upon completion of his or her program of vocational rehabilitation for the purpose of beginning work, in accordance with 38 CFR 21.370 and 21.372.

(c) Special Transportation Assistance

(Change Date August 1, 2012)

A case manager may authorize a special travel allowance to cover the extraordinary costs of transportation the claimant incurs while he or she is receiving employment services. The case manager, with the assistance of a medical consultant, will determine the need for a transportation allowance, as well as the need for special transportation assistance, and develop transportation arrangements that do not unduly tax the claimant’s ability to travel and pursue a rehabilitation program. Transportation assistance includes mileage, parking fees, a reasonable fee for a driver, transportation furnished by a rehabilitation facility or transitional employment facility, and other reasonable expenses that may be incurred in local travel. For more information on how to authorize special transportation assistance, refer to 38 CFR 21.154 and M28C.V.A.1.

15. Payment for Licenses, Certifications, and Fees

(Change Date June 13, 2017)

The case manager may authorize payment for a license, certificate, or fee when an employer requires it to fulfill the occupational or professional qualifications of the claimant’s employment goal. The case manager may approve it either while the claimant’s case is in RTE or JR status and after he or she becomes employed as a condition of the employment. Payment may include the cost of examinations required to obtain the license, permit, or certificate. The claimant must meet all prerequisites for taking the examination, such as successful completion of training, prior to the VA authorizing payment, in accordance with 38 CFR 21.254(a).

The case manager may also authorize payment for background checks for any type of employment when requested by employers. However, VR&E staff must determine whether, and in what circumstances, the background check is necessary. Additionally, the factual and policy basis for such determinations must be clearly documented in the claimant’s VR&E record.

16. Employment Adjustment Allowance (EAA)

(Change Date August 1, 2012)

EAA is an allowance consisting of payment at the full-time rate of subsistence allowance for the type of program the claimant was last pursuing. Refer to 38 CFR 21.268 and M28C.V.B.9 for information regarding EAA eligibility and procedures.

17. Post-Employment Consultation and Assistance

(Change Date August 15, 2013)

The case manager will monitor the claimant’s progress for a minimum of 60 days post-employment to ensure that all barriers, issues, and questions have been addressed and the employment is stable. During this time, the case manager may provide services to assist the claimant in maintaining employment, except for excluded services outlined below.

18. Excluded Services

(Change Date August 1, 2012)

The following services may not be provided to a claimant during a period (JR status) or program (IEAP) of employment services, in accordance with 38 CFR 21.254(b):

• Subsistence allowance, or payment of an allowance at the educational assistance rate paid under Chapters 30 or 33 for similar training. (Note: EAA is not excluded.)

Education and training services, other than brief courses, such as review courses necessary for licensure.

Revolving fund loan (RFL)

Work-study allowance

7.02 Employment Plan Development and Outcomes

(Change Date October 1, 2020)

An employment plan will be developed for claimants pursuing services under Re-employment, Rapid Access to Employment, or Employment Through Long-Term Services tracks. An IEAP must be developed at least 60 days prior to completion of IWRP objectives if a combined IWRP/IEAP, with a valid employment objective(s), was not previously created. To schedule an appointment for IEAP development, the case manager may send VR-32, IEAP Development Prior Completion of Training, to the claimant. A copy of the letter must be filed in the claimant’s VR&E record.

An employment plan will also be developed for claimants pursuing services under limited and specifically defined employment assistance for certain previous claimants who are employable, in accordance with 38 U.S.C. 3117. The case manager must follow the procedures in M28C.IV.C.2 for plan development and/or redevelopment. Refer to M28C.IV.C.5 for information on IEAPs in the self-employment track.

a. Conduct an Analysis of the Claimant’s Needs

(Change Date August 15, 2013)

Using information gathered during the initial evaluation, and in collaboration with other service providers, conduct an analysis of the following factors to determine the services needed:

• Functional capacity and/or limitations
• Job accommodations
• IL needs, if appropriate
• Education and/or training needs
• Other services needed

b. Development of an Employment Plan

(Change Date July 14, 2022)

All rehabilitation plans have common elements, but the VRC must individualize the elements to fit the claimant’s identified needs. The IEAP, prepared on VAF 28-10214, Rehabilitation Plan, guides claimants through their program of employment services designed to lead to suitable employment. By signing VAF 28-10214, the case manager and the claimant mutually agree to complete specific activities intended to result in the claimant obtaining and maintaining suitable employment. The case manager may rank the tasks in the IEAP in terms of preferred sequence of completion. An IEAP will be developed in any of these situations listed below:

• As part of a combined IWRP/IEAP developed when the claimant enters a re-employment, rapid access, or employment through long-term services track
• No later than 60-calendar days prior to the anticipated completion date of training as outlined in an IWRP, if the rehabilitation plan was not written as a combined IWRP/IEAP
• If employment services constitute the claimant’s sole plan of services, as determined by the evaluation, when the claimant qualifies for employment services only, in accordance with 38 U.S.C. 3117
• The case manager’s assessment of a claimant’s employment assistance needs should include a review of the following important considerations:
• What are the claimant’s personal strengths that support attainment of the program goal?
• What additional support does the claimant need to achieve his or her program goal?

The case manager must ensure that all the objectives of the IEAP specifically address identified needs to obtain and maintain suitable employment. The services outlined in the intermediate objectives must be sufficient to prepare the claimant to achieve the program goal outlined in the rehabilitation plan. Each rehabilitation plan must include counseling services, as required by 38 U.S.C. 3107.

c. Case Documentation in Plan Development

(Change Date October 1, 2020)

If the plan has been developed as a combined IWRP/IEAP, IEAP services are considered implemented once the case manager has documented the job ready declaration in the claimant’s VR&E record and moved the case status to JR. If the IEAP has been developed independently, after a joint review of the plan, the case manager and claimant must sign the plan. The case manager must provide a copy of the signed plan to the claimant and ensure the original is placed in the claimant’s VR&E record.

IEAPs must be preceded by an IWRP or developed as part of a combined IWRP/IEAP, with one exception. The only time a case manager can develop an IEAP without first providing services in an IWRP is when the claimant only qualifies for a program of limited and specifically defined employment assistance, as outlined in 38 U.S.C. 3117.

Refer to M28C.IV.C.2 and the CWINRS User Guide for information regarding required CWINRS activity for plan development and redevelopment.

Refer to M28C.IV.C.2 for information regarding documentation of the planning and orientation process.

Refer to M28C.IV.C.2 for information regarding implementing the rehabilitation plan.

Refer to M28C.V.A.1 for detailed information on plan implementation.

Refer to M28C.V.B.9 for additional information on the payment and processing of EAA.

Refer to M28C.VI.A.2 for information on case management services under an IEAP.

d. Evaluate and Adjust or Amend the Plan

(Change Date March 31, 2014)

If the claimant is not progressing through the plan as expected, or it becomes clear that the goals of the IWRP/IEAP need to be reassessed, the VRC must redevelop the rehabilitation plan. Refer to M28C.III.A.1 for information on case status during plan redevelopment. Refer to M28C.IV.C.2 for information on adjusting or amending the rehabilitation plan.

e. Limited and Specifically Defined Employment Assistance for Certain Previous Participants who are Employable under 38 U.S.C. 3117

(Change Date November 4, 2022)

In accordance with 38 U.S.C. 3117, a claimant, who does not meet the entitlement criteria for employment handicap and serious employment handicap under 38 U.S.C. 3102, may be provided limited and specifically-defined employment assistance if the claimant meets all the criteria outlined below:

The claimant has been granted a service-connected disability rating of 10 percent or more.

The claimant previously participated in a vocational rehabilitation program under the Chapter 31 program or a similar program under a State Vocational Rehabilitation program.

The claimant has been determined employable in a suitable occupation.

Employment assistance and services that may be provided under 38 U.S.C. 3117 must be determined necessary for the claimant to obtain suitable employment.

The type of assistance and services that may be provided by law include, but is not limited to, the following :

1. Direct placement in employment

2. Utilization of employment, training, and placement services under 38 U.S.C. Chapter 41

3. Utilization of job development, training, and placement services provided by the following:

(a) Programs under the Rehabilitation Act of 1973

(b) State Employment Service and the Veterans' Employment Service of the Department of Labor, state employment security agencies, or state employment services offices, also known as One-Stop Career Centers

(c) Office of Personnel Management

(d) any other public or non-profit organization with available placement services

4. Utilization of any for-profit entity that is determined available to provide the necessary employment services are comparably effective services with services not available, or cannot be obtained cost effectively from the services listed under section (c) above.

5. Referral to a DVOP Specialist and/or a LVER

6. Assistance for a claimant who has completed a vocational rehabilitation program for self-employment in a small business enterprise to secure a loan under subchapter IV of chapter 37 of this title and to cooperate with the Small Business Administration to secure a loan for the purchase of equipment needed to establish the claimant’s own business, and to ensure that the claimant receives the special consideration provided for in section 4(b)(1) of the Small Business Act (15 U.S.C. 633(b)(1)).

7. Assistance for a claimant who has trained under a State Rehabilitation program with the objective of self-employment in a small business enterprise to provide supplementary equipment and initial stocks and supplies determined to be needed by the clamant if such supplementary equipment and initial stocks and supplies, or assistance in acquiring them, are not available through the State program or other sources.

8. Purchase of or reimbursement for required items to assist the claimant in obtaining suitable employment. This may include a license, visa, etc. to meet the requirements for suitable employment.

f. Outcomes of Employment Plans

(Change Date October 1, 2020)

The following are possible outcomes when closing rehabilitation plans with an employment goal including plans with limited employment services under 38 U.S.C. 3117:

• Rehabilitated
• Discontinued
• Discontinued-Maximum Rehabilitation Gain (MRG)

Refer to M28C.V.A.6 for detailed information on how to complete the case closure criteria and process.

Refer to M28C.III.A.1 for information on case status changes.