M28C.V.A.5 M28C.V.A.5 Interruptions

a. General Information

(Change date November 7, 2013)

In accordance with title 38 of the Code of Federal Regulations (CFR) section 21.197, the purpose of Interrupted (INT) status is to recognize that during the course of a claimant's rehabilitation program, circumstances may arise that would require temporary interruption of his or her rehabilitation program. This means suspension of specific rehabilitation services in an active plan.

A case may be placed in INT status from Extended Evaluation (EE), Rehabilitation To the point of Employability (RTE), Independent Living (IL), or Job Ready (JR) statuses, as described in section 5.01.h in this chapter.

Extensive efforts must be made to contact the claimant prior to placement of the case in INT status. If the claimant stops actively participating in services, the case manager must attempt to reengage the claimant in services, prior to placing the case in INT status. Contact attempts must be documented, which may include any of the following methods:

• email
• e-VA
• letter
• telephone

b. Interruption is not an Adverse Action

(Change date November 27, 2019)

Placement into INT status is not considered an adverse action as it is an administrative function required prior to certain case status movement, therefore, it is not necessary to inform the claimant of the movement into INT status.

For example, a claimant in JR status opts to pause his or her job search for 6 months due to an upcoming surgery and estimated recovery period. The case manager must move the case into INT status to conserve the 18 month limitation on employment services. In this instance, there is no need to inform the claimant of the movement into INT status as this is purely an administrative function and is the result of a planned interruption.

c. Interruption Prior to a Proposed Adverse Action

(Change Date September 24, 2021)

Generally, a case must be moved to INT status prior to taking an adverse action. For example, if the case is being placed in INT status based on a proposed adverse action, such as closure for lack of cooperation or participation, the claimant must be informed of the proposed adverse action and provided a due process period of at least 30 days to take the actions outlined in the proposed adverse action letter. In this situation, the proposed adverse action the claimant is being informed of is the proposed discontinuance of his or her case, not the movement into INT status.

When a claimant requests closure of his or her case, movement of the case status to INT status prior to the discontinuance is not required before closing the case. Refer to M28C.III.A.1 for case status movement.

There are a number of proposed adverse action letters available for use, to include Vocational Rehabilitation (VR) letters 48 and 66. The case manager may elect to inform the claimant of the movement to INT status in this notification, but it is not required.

See section 5.02 below for more information on adverse actions.

d. Reasons for Interrupting Services

(Change Date December 15, 2020)

A claimant’s case may be assigned to INT status for a variety of instances including, but not limited to, the following:

Prior to placing the claimant’s case in Discontinued (DIS) status.

The claimant requests all action on his or her chapter 31 claim to be stopped.

The claimant’s rehabilitation plan requires redevelopment if the case is in EE, IL, RTE, or JR status.

The claimant’s conduct and cooperation has become unsatisfactory.

The claimant cannot continue his or her rehabilitation program because the necessary training and rehabilitation services are unavailable.

The claimant is unable to initiate or continue a rehabilitation plan due to medical reasons, family emergencies, or unforeseen circumstances that prevent participation, etc.

The claimant is recalled to active duty.

The claimant becomes a fugitive felon or is incarcerated.

e. Interruption While in Rehabilitation To the Point of Employability Status

(Change Date December 15, 2020)

Cases in RTE status will not be placed in INT status during temporary periods of suspension but will remain in RTE status during periods of inactivity when the following apply:

• Services are temporarily suspended, but the claimant will return or is expected to continue receiving services at a later time, and

The case manager has established an anticipated date for the claimant to return to the program.

If a claimant takes a semester off for personal reasons, then the case should not be interrupted. However, the case manager must determine if there is a reasonable expectation that the claimant will return on or around an agreed upon return date.

Movement to INT status from RTE status is only permitted when the claimant is not actively pursuing his or her case and meets one of the criteria for Reason Code (RC) 003 or for plan redevelopment RC 079. See M28C.III.A.1 for more information on RC 003 and 079, as well as the Detailed Reason Codes (DRC) associated with RC 003.

f. Interruption While in Extended Evaluation, Independent Living, and Job Ready Status

(Change Date November 16, 2018)

Cases in EE, IL and JR statuses may be placed in INT status when a temporary suspension of services is necessary, unless the claimant is pursuing training and receiving subsistence allowance. In this instance, the case must be placed in INT status at the completion of the term.

g. Long-term Suspension of Service

(Change Date November 16, 2018)

If a claimant requires an extended suspension of services, the case manager must move the case in INT status.

h. Redevelopment of Rehabilitation Plans

(Change Date December 15, 2020)

Cases in EE, IL, and JR status that require redevelopment of the rehabilitation plan must be placed in INT status, unless the claimant is pursuing training and receiving subsistence allowance. In this instance, the case must be placed in INT status at the completion of the term.

Placement of a case for an IWRP redevelopment from RTE status to INT status is based on the claimant’s circumstances. Therefore, placement into INT status is optional.

The VRC must provide an outline of the necessary steps for plan redevelopment using Notes from Counseling and Next Steps, Veterans Affairs form (VAF) 28-8606. The claimant must be provided with a copy of VAF 28-8606.

The VRC must document the plan redevelopment in an electronic case note to include the reason and necessary steps for redevelopment. Upon completion of plan redevelopment, the case will be returned to the appropriate case status.

1. Rehabilitation Plan Redevelopment

(Change Date July 2, 2014)

When an existing plan is redeveloped in INT status, the effective date of the case status change from INT status to the appropriate status is the date that the VRC and claimant sign the new plan.

2. Claimant Fails to Participate in Rehabilitation Plan Redevelopment

(Change Date July 2, 2014)

If the claimant fails to participate in planned services after his or her case has been placed in INT status for plan redevelopment, the VRC must provide the claimant with a written notification of the intent to close his or her case at least 30 calendar days prior to preparing the case for closure. As noted above, there are a number of proposed adverse action letters available for use in this situation.

Reasons for a claimant’s non-participation may include, but are not limited to:

• Elects to stop participating in redevelopment activities,
• Becomes medically unable to participate or

Disagrees with proposed program.

i. Claimant Requests Interruption of Services

(Change date November 7, 2013)

A claimant has the right to request a temporary interruption of services for valid reasons. The issues may include, but are not limited to:

• Major health issues
• Family emergencies
• Legal

Financial issues.

The reasons for requesting an interruption include issues that may be resolved within a period of one to six months.

It is not necessary to provide due process of an adverse action if the claimant requests the interruption.

j. Documentation Requirements

(Change Date November 16, 2018)

The case manager must document the following in an electronic case note when placing the case in INT status:

• The reason(s) for the interruption,
• The expected outcome,
• Actions to be completed during the interruption, and

The expected date of the claimant’s return to active participation.

k. Case Management Activities During Interruption

(Change Date June 11, 2020)

In accordance with 38 CFR 21.197, case management will continue to be provided during the period of interruption. The case manager must maintain contact with the claimant and coordinate medical and other services needed to enable the claimant to return to his or her rehabilitation program.

Follow-up activities must include all identified resources and motivational actions taken to increase the claimant’s ability to resume his or her rehabilitation program.

For an unplanned interruption, contact with the claimant must be made every 90 calendar days.

For a planned interruption, an individualized schedule of contacts may be arranged to fit the claimant’s circumstances and must be agreed upon by the claimant and the case manager. Contacts with claimant or documented attempts must not exceed 120 calendar days.

Contacts may be conducted by using one of the following methods and must be documented in an electronic case note:

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

5.02 Procedures for Interrupting Services

a. Notification of an Intent to Deny, Reduce, or Stop Benefits

(Change Date January 15, 2021)

If during the interruption period, a negative or adverse action that denies, reduces, or terminates benefits becomes necessary, then adverse notice and a due period process is required, to include the following:

• Denial of request to change a claimant’s vocational goal
• Denial of request to change training facility, course, or training program
• Reduction or termination of subsistence allowance payments to determine if mitigating circumstances exist
• Denial of extension of entitlement
• Unsatisfactory conduct and cooperation
• Claimant’s unsatisfactory progress in his or her program, despite of intensive effort and assistance by the case manager

The case manager must send a proposed adverse action letter and provide a due process period of least 30 calendar days prior to preparing the case for closure. As noted above, there are several proposed adverse action letters available for use.

If the claimant does not meet the requirements noted in the proposed adverse action letter and the case is closed, it is necessary to inform the claimant of the closure via VR-58, Chapter 31 Adverse Action Decision Letter or VR-65, Chapters 18 and 35 Decision Letter, as appropriate. The letter must include VAF 20-0998, Your Rights to Seek Further Review of our Decision.

Refer to M28C.V.A.6 for additional guidance on case closure activities.

b. Setting Aside the Due Process Period for Requested Case Closure

(Change Date July 17, 2024)

The 30-day period for due process is not required if the claimant requests termination of his or her Chapter 31 benefits.

If the claimant requests termination of his or her Chapter 31 benefits while his or her case remains in active status, placement of the case in INT status is not required prior to placing the case in DIS status. The case manager must follow the case closure procedures as outlined in M28C.V.A.6.

The case manager may submit the case for concurrence of closure the same day the claimant requests discontinuance of his or her Chapter 31 benefits.

The claimant's request for case closure must be documented in a case note and uploaded in the claimant's electronic record.

c. Updating CWINRS

(Change Date November 7, 2013)

The case manager must change the current case status to INT status in CWINRS. A case may be placed in INT status from EE, RTE, IL, or JR status prior to case closure. Refer to M28C.III.A.1 for case status movement.