M28C.V.C.1 M28C.V.C.1 Foreign Cases

1.01 Foreign Cases

(Change Date October 01, 2020)

The Department of Veterans Affairs (VA) provides Veteran Readiness and Employment (VR&E) services outside the United States (U.S.) to ensure that claimants who reside outside the U.S. receive rehabilitation services and other assistance of the same quality as claimants residing in the U.S. These services are authorized under title 38 U.S.C. 3114 and title 38 CFR 21.130. See the M28C Glossary for definitions of terms, including legal residence and abroad.

Most aspects of Chapter 31 service delivery for foreign cases, to include processes for providing VR&E services, roles and responsibilities of each stakeholder, documentation requirements, and case management are the same as for non-foreign cases. This chapter addresses issues that are specific to foreign cases.

A case is considered foreign if one of the following two circumstances exists:

The claimant is, or will be, residing abroad and he or she requires an initial evaluation and possible subsequent development of a vocational rehabilitation plan.

The claimant has been pursuing a rehabilitation program in the U.S. and, as part of the rehabilitation plan, needs a period of training outside the U.S. to meet the occupational requirements of the vocational goal.

In accordance with 38 CFR 21.130, VR&E criteria for pursuing educational and vocational courses outside the U.S. is based on the VRC’s determination of best interest of the claimant and the Federal Government. If the necessary training is available in the U.S., the claimant must demonstrate a personal hardship requires pursuit of training in the requested country. Acceptable reasons for personal hardship include:

The claimant has accepted employment overseas.

The claimant is married to a foreign national.

The claimant is a spouse of an active duty Service member assigned overseas.

The claimant is accompanying his or her spouse, who is employed overseas.

When these circumstances exist, the VRC must also ensure all necessary supportive services and follow-up services are available and accessible either through VA or at a reasonable cost before completing plan development activities for training outside the U.S.

1.02 Jurisdiction for Foreign Cases

(Change Date October 22, 2021)

The following VR&E offices are assigned specific jurisdiction for other countries to coordinate provision of services to claimants residing outside the United States and are eligible for Chapter 31, Chapter 35, or Chapter 36:

• Albuquerque, NM - Chihuahua, Mexico
• Anchorage, AK - Yukon, Canada
• Buffalo, NY - Ontario, Canada (Thunder Bay and east)
• Fargo, ND - Manitoba, Canada; Ontario, Canada (Thunder Bay and west); Saskatchewan, Canada
• Fort Harrison, MT - Alberta, Canada
• Honolulu, HI - Asia (China, Hong Kong, India, Indonesia, Japan, Okinawa, Pakistan, Singapore, South Korea, Thailand, Taiwan); Australia; New Zealand; Pacific Islands (American Samoa, Guam, Johnston Atoll, Midway Island, Pohnpei, Saipan); Philippines
• Houston, TX - Caribbean; Central America; Republic of Mexico; South America
• Phoenix, AZ - Sonora, Mexico
• Pittsburgh, PA - Africa (including the Malagasy Republic); Europe; Middle East (including Iran and Afghanistan)
• San Diego, CA - Baja California, Mexico; Baja California Sur, Mexico
• San Juan, PR - Culebra; Vieques; U.S. Virgin Islands
• Seattle, WA - British Columbia, Canada
• Togus, ME - New Brunswick; Newfoundland; Nova Scotia; Prince Edward Island; Quebec, Canada (east of Montreal, Canada)
• White River Junction, VT - Quebec, Canada (west of Montreal, Canada)

1.03 Eligibility for Training Abroad

(Change Date October 01, 2020)

In accordance with 38 CFR 21.130(b)(3), the VRC must explore the availability, accessibility, and cost of services, including medical care, medical treatment, and employment services, in considering whether authorizing training outside the U.S. is in the best interest of the claimant and the Federal Government. The VRC must document the justification for approval or denial, including addressing issues such as:

Claimant’s ability to obtain legal residence in country for the length of time needed to complete the necessary training.

Availability of resources in country for the duration of the residence in country, including all services necessary for plan implementation and completion. In addition to training, this assessment must include a review of availability and cost of needed services such as evaluation, supportive services, counseling, medical services, employment services, special rehabilitation services,

Work requirements in country, if claimant plans to remain in country for employment upon completion of training.

Need for Independent Living (IL) services

A claimant who requires continuing treatment while residing abroad should utilize the VA Foreign Medical Program. Other arrangements may be made to provide training in the proposed program or in a different program in the U.S. if the claimant is unable to obtain proper medical care abroad. Training abroad may not be appropriate for a claimant who must travel to the U.S. to secure ongoing treatment, due to the disruptive effect of his or her absence from training which would prevent the claimant from successfully pursuing a rehabilitation plan.

a. Identifying the Need for Training Abroad

(Change Date November 7, 2013)

In accordance with 38 CFR 21.130, training outside the U.S. may be authorized if the claimant’s education and training is determined not available in the U. S.; or training is available in the U.S., but personal hardship would result from requiring the claimant to pursue training in the U.S. The availability of training is based on current occupational information regarding the requirements for the field of the claimant’s vocational goal.

In addition, a claimant attending a training facility in the U.S. may be authorized training outside the U.S. if the facility requires that he or she pursue a period of education or training outside the U.S. as a part of the approved program.

b. Authorizing Training Abroad When Training is Available in the United States

(Change Date October 01, 2020)

A claimant may be authorized to pursue training abroad even if the training is available in the U.S. if requiring the claimant to pursue training in the U.S. will result in a hardship to the claimant. However, the claimant must be able to legally obtain residence in the foreign country for the period of necessary training and the VRC must determine the claimant meets the criteria for pursuing training outside the U.S., in accordance with 38 CFR 21.130, prior to developing his or her rehabilitation plan. The claimant’s desire to study abroad for personal reasons does not generally meet the criteria for best interest.

c. Extended Evaluation

(Change Date August 13, 2021)

A claimant, who resides in a foreign country and is determined in need of an extended evaluation to determine the current reasonable feasibility of a achieving a vocational goal, must be carefully evaluated to determine if it is in the best interest of the claimant and Federal Government to be provided with the extended evaluation services in the U.S. or outside the U.S. The VRC must consider availability, accessibility, and cost of all services required to determine whether it is currently reasonably feasible for the claimant to achieve a vocational goal. Providing extended evaluation services in the U.S., for a claimant who resides in a foreign country, must only be approved when there are no resources available to complete the evaluation in the foreign country. The VRC must consider local available resources to determine feasibility, such as volunteer opportunities, input from healthcare providers on claimants' impairments, and assisting with information on access to healthcare in the foreign country. The limitations of an Individualized Extended Evaluation Plan (IEEP), as outlined in M28C.IV.C.3, must also be considered in the VRC's evaluation of best interest, including the limitations of length of training in an IEEP.

If the claimant does not wish to participate in the extended evaluation or disagrees with the determination of need for extended evaluation, he or she will be provided with written notification of the decision using Vocational Rehabilitation (VR) letter VR–58, Adverse Decision Letter, and VA Form (VAF) 20-0998, Your Rights to Seek Further Review of Our Decision. The VRC's justification and a copy of this notification must be included in the claimant’s VR&E record.

d. Independent Living

(Change Date October 01, 2020)

In accordance with 38 U.S.C. 3120, Independent Living (IL) services are only available in the U.S.

e. Self-Employment

(Change Date October 01, 2020)

A plan for self-employment services may be provided outside the U.S. if approved by the VR&E Officer. The VR&E Officer must ensure that proper support and resources are available in the foreign area jurisdiction in which the claimant resides. Prior to approval of the self-employment plan, the claimant must provide documentation from the government of the foreign area jurisdiction that allows him or her to engage in self-employment.

All other levels of approval and concurrence requirements for self-employment plans remain the same as outlined in M28C.IV.C.2 and M28C.IV.C.5.

f. Denying Request to Train Abroad

(Change Date November 7, 2013)

If a claimant’s request to train abroad is not approved, the VRC must provide the claimant with notification of the decision VR–58 and VAF 20-0998. The VRC's justification, and a copy of this notification if applicable, must be included in the claimant’s VR&E record.

1.04 Transferring Foreign Cases

(Change Date November 7, 2013)

If a claimant residing abroad files an application at a RO that does not have jurisdiction over his or her area of residence, the receiving RO must forward the application and other existing document or folders to the appropriate office of jurisdiction outlined in this chapter. If a claimant residing in the U.S. applies for Chapter 31 benefits and requests training outside the U.S., the RO that receives the application must complete the processing of application and initial evaluation. Refer to M28C.IV.A.1 for additional information on application processing and scheduling.

The receiving RO may also complete plan development but must work closely with the receiving office that will be managing the foreign claim and ensure the claimant is aware the rehabilitation plan may be redeveloped. Refer to M28C.III.A.2 for information on case transfers and M28C.IV.C.2 for information on rehabilitation plan development.

a. Transferring a Case Prior to Development of a Rehabilitation Plan

(Change Date November 7, 2013)

If a VR&E office receives an application from a claimant who is currently residing within its jurisdiction but is planning to relocate to a foreign area jurisdiction, the application will be processed in accordance with M28C.IV.A.1. The claimant will be provided with a comprehensive initial evaluation in accordance with M28C.IV.B.1. The claimant must be advised of the VR&E criteria for pursuing educational and vocational courses outside the U.S., as outlined in 38 CFR 21.130. Once the claimant has established legal residence in a foreign area, he or she must provide the current VR&E office his or her foreign area address and telephone number. The transferring office must coordinate transfer of his or her case with the receiving office immediately, as outlined in M28C.III.A.2. The receiving office will develop the rehabilitation plan and provide the rehabilitation services.

b. Transferring a Case After the Development of a Rehabilitation Plan

(Change Date November 7, 2013)

If a claimant, who currently resides in a VR&E office’s jurisdiction and is pursuing a rehabilitation program, notifies the office of a pending relocation to a foreign area jurisdiction, the claimant must be advised of the VR&E criteria for pursuing educational and vocational courses outside the U.S., as outlined in 38 CFR 21.130. The VRC must ensure that the claimant has established legal residence in the foreign area of jurisdiction prior to transfer of his or her case. Once the claimant provides the foreign area address and telephone number, the VRC must coordinate the case transfer to the RO with foreign area jurisdiction. The receiving RO with foreign area jurisdiction must update the plan, if necessary, and provide the rehabilitation services.

1.05 Travel Authorization for Foreign Cases

a. Overview

(Change Date November 7, 2013)

Travel authorization for foreign cases are processed the same way that travel authorization is processed for all other travel, as outlined in M28C.V.B.5, except as noted in sections (b) through (f) below.

b. Travel Arrangements with a Claimant Residing Outside the United States

(Change Date November 7, 2013)

For foreign cases, the VR&E Officer must authorize all expenses associated with claimant travel, including meals, lodging, ground transportation, and other incidental expenses, at the same rate and under the same instructions and conditions as for travel in the U.S. Travel originates from the claimant’s home to the place of training or rehabilitation services.

The VRC must work closely with the claimant to arrange travel with sufficient time for the claimant to adequately plan transportation to and from the airport by the most economical means available and in a manner that does not cause hardship to the claimant. The duration of the claimant’s travel is dependent upon the distance between his or her home and the location that will be providing VR&E services. For claimant’s residing abroad, it is feasible that travel may take several days.

c. Claimant Requests to Extend Travel

(Change Date November 7, 2013)

If the claimant wishes to return home later than the scheduled date, the claimant must be informed that VA will not reimburse lodging and meal costs from the last date of service to the date of return to his or her home. The costs will be at the claimant’s expense.

In accordance with 38 CFR 21.372, all return travel must be made from the location in which VA furnished the service to the claimant’s home. If the claimant travels to another location, return travel to the claimant’s home may be from that point only if the travel costs are less than the Government would pay for travel from the site of the service. If the cost of travel to another location exceeds the claimant’s return to his or her home, he or she is responsible for paying the excess amount.

d. VA Requests to Extend Travel

(Change Date November 7, 2013)

VA may request to extend the claimant’s travel in order to provide enough time to receive all necessary services associated with the scheduled appointment. For example, a claimant’s stay in the U.S. may be extended to complete the development of his or her rehabilitation plan. If the claimant’s stay needs to be extended beyond the anticipated date of return, VA is responsible for all additional costs related to the extension.

e. Arranging Commercial Airline Travel

(Change Date November 7, 2013)

VA may arrange travel to a site in the U.S. by commercial aircraft, unless airline travel is the most cost-effective method of transportation. When travel by airline is the most economical option:

The VRC must document approval for the claimant’s travel and other associated expenditures in electronic case notes in the claimant’s VR&E record.

The VRC will coordinate with the RO’s Support Services Division (SSD) to purchase the claimant’s airline ticket using the RO’s Centrally Billed Account (CBA) travel card. Refer to M28C.V.B.5 for additional details.

f. Using a Military Transport Aircraft

(Change Date November 7, 2013)

If a claimant residing outside the U.S. applies for VR&E services and states in writing that he or she wishes to travel to the site by military aircraft, rather than commercial, VR&E must cooperate by being flexible with scheduling. It is important to note that the use of military transport aircraft is limited primarily to military retirees. The claimant is responsible for coordinating travel via a military transport aircraft.

It is important to note that the use of military transport flights introduces variables that are outside VA’s control, such as delays and cancellations. Therefore, it is imperative that the VRC and claimant have plans on how to address these issues if they arise.

g. Lodging and Meals for Foreign Cases

(Change Date November 7, 2013)

The VR&E office must arrange for meals and lodging for claimant’s travel involving overnight travel, air travel, air travel by a military aircraft, or travel outside the U.S., if they are a necessary part of the travel. Payment must be made in the most economical manner.

VA will not pay for lodging or meals for any period once a claimant has reported to a military air facility and is waiting for a flight prior to the date of travel departure.

h. Notifying the Claimant of Travel Arrangements

(Change Date November 7, 2013)

The requirements for the standard appointment letter for claimant residing outside the U.S. must include the following information:

VA will pay reasonable travel costs for the claimant to report to the scheduled appointment with VR&E.

Costs include travel from home to the place where services will be provided and return.

Flight information, including name of the city and airport from which the flight(s) will originate, name of the airline, flight number(s), date(s) and time(s) of flight(s).

Name, address, and phone number of the hotel where the claimant’s lodging is reserved.

Instructions on how the claimant should proceed to the hotel (taxi, bus, or other commercial ground transportation).

1.06 Training Facilities for Foreign Cases

(Change Date November 7, 2013)

For training outside the U.S., the VRC may only authorize use of facilities that meet the criteria contained in 38 CFR 21.294(g). If a course does not meet these criteria, the VR&E Officer must obtain such approval before considering the course for Chapter 31 participants. The VR&E Officer will coordinate with VA’s Education Service to secure course approval for the following:

In accordance with 38 CFR 21.294(g), VA may use facilities and courses of study outside the U.S. under Chapters 31, but only if the facilities and courses meet the requirements for approval under 38 CFR 21.4250(c) and 21.4260. These regulations require that the claimant pursue training leading to a college degree.

Foreign branches of U.S. colleges and universities.

Courses offered by foreign colleges and universities.

Course approved by State Approving Agency (SAA) or education service.

The VR&E Officer must ensure that coordinated efforts are made with the Education Liaison Representative (ELR) to secure the additional necessary information to determine whether claimants may use the course of study, or degree program, for Chapter 31 program participants. Both the facility and the course of study must be approved for VA use.

When an SAA or Education Service has approved the course of study that the claimant has elected, the VRC must ensure that the institution agrees to conform to Chapter 31 requirements, including provisions for payment of tuition, fees, and supplies.

For more information on foreign school approvals, refer to the GI Bill website-

1.07 Using Contractors for Foreign Cases

a. Arranging Contracting Services outside the United States

(Change Date October 1, 2020)

When arranging contracting services outside the United States, the RO that has jurisdiction over the foreign case makes the contractual agreements to provide services. If the RO has an applicable National contract awarded, the RO should use that service provider.

A local contract may be awarded in accordance with the procedures outlined in M28C.V.B.3. The requirements for selecting service providers and qualifications of contract counselors remain the same for all local contracts; however, providers with these qualifications may not be available in the foreign areas. The VR&E Officer must exercise good judgment on selecting contract service providers.

b. When Contract Counseling Services outside the United States is not available

(Change Date October 1, 2020)

When the services of a contract counselor outside the U.S. are not available, it is not practical to use contract counseling services outside the U.S., or an acceptable individual practitioner is not available under contract, the VR&E Officer must arrange an appointment inside the U.S., and arrange for travel.

1.08 Assistance for Foreign Cases

a. Available Resources

(Change Date November 7, 2013)

The following additional sources are available for assistance with foreign cases:

• Veterans Affairs Canada (VAC):
• NNLV4 Veterans Affairs Canada
• Foreign Operations Branch
• P.O. Box 8476
• Ottawa, Ontario, KTG 38H9
• Attn: Service Director
• Telephone Number: 1-888-996-2242 (when calling from the U.S.)
• Department of State : NNLV5
• Director, Office of Special Consular Services
• The Department of State
• Washington, DC 20520
• Attn: Federal Agencies Section

b. Types of Assistance

(Change Date November 7, 2013)

The assistance provided by the Department of State and VAC include:

• Identifying service providers
• Arranging for counseling and other services
• Following up on the status of individual claimants with schools or other facilities

c. Authority for Correspondence with Sources of Assistance

(Change Date November 7, 2013)

Generally, the authority for correspondence with one of the sources of assistance must come from the VR&E Officer from the inquiring RO.

d. Request for Assistance from Foreign Service Posts

(Change Date November 7, 2013)

Requests for assistance from foreign services posts must be forwarded to the RO of foreign area jurisdiction, as outlined in this chapter.

1.09 Developing a Rehabilitation Plan

(Change Date October 01, 2020)

Refer to M28C.IV.C.2 through M28C.IV.C.5 for detailed information on rehabilitation plan development. The claimant’s rehabilitation plan and supporting documentation must clearly detail and address the professional and administrative issues involved in providing rehabilitation services outside the U.S. The VRC must clearly document justification for approving training outside the U.S., including how the conditions under 38 CFR 21.130 are met. The detailed documentation is required when the training outside the U.S. is the whole, or only a part, of the Chapter 31 Program.

A determination must be made whether the VA can reasonably provide or coordinate with other agencies or organizations to provide the necessary employment services in the foreign area. This ensures identification and utilization of necessary resources to assist the claimant residing outside the U.S. in obtaining suitable employment. If the claimant plans to reside outside the U.S. indefinitely following the completion of his or her training program, then the VRC must consider the availability of contracting with the private nonprofit and/or for-profit agencies in the foreign country. The cost of these services must also be considered in determining best interest of the claimant and Federal Government.

If the claimant will be returning to the U.S. following training, or resides in a country bordering the U.S., then the VRC must consider using resources in the country in which the claimant is training, as well as those reasonably available to the claimant in the U.S. It may be feasible to use agencies and organizations in the U.S. to assist claimants seeking employment in countries bordering the U.S.

1.10 Case Management of Foreign Cases

(Change Date October 01, 2020)

Claimants authorized to train abroad must adhere to the established standards of conduct and cooperation and progress toward the planned goals and objectives in the same way as claimants authorized to train in the U.S. Refer to M28C.IV.C.2 for information on approving work study abroad.

a. Requirements for Case Management Appointments

(Change Date October 01, 2020)

The general requirements for frequency and face-to-face contact outlined in M28C.IV.C.2 and M28C.V.A.2 do not apply to foreign cases, with the exception of claimants residing in Canada and Mexico, who may be available for case management appointments based on their proximity to a VR&E office. If so, such claimants are scheduled for case management appointments in the same manner as claimants residing in the U.S.

Tele-counseling may be used with claimants residing outside the U.S.; however, there are technical limitations with using tele-counseling services outside the U.S. that may make this option infeasible. Therefore, telephonic contacts may be used in place of case management appointments, when feasible considering the time zone differences between the claimant’s residence and the VRC.

b. Using a Facility’s Special Services

(Change Date November 7, 2013)

Monitoring the progress of a claimant training abroad often requires special arrangements due to the limited and indirect contact with the claimant. As a result, it may be necessary to coordinate for special services with the training facility to secure additional information beyond what is generally provided by the school. Refer to M28C.V.A.1 for information on special services.

c. Contracting Services

(Change Date November 7, 2013)

Contracting for case management services may be authorized for claimants training outside the U.S. Contracting activities are conducted in the same manner as those services provided to claimants residing in the U.S. under the National contract. Refer to M28C.V.B.3 on guidelines for establishing and implementing contracted services.

The Pittsburgh and Honolulu offices are responsible for contracting services provided by contractors with office locations in Germany and Honolulu, respectively. These are the only two VR&E offices that have contract services under the National contract.

Contractors in Germany cover Africa (including Malagasy), Europe, and the Middle East (including Iran and Afghanistan).

Contractors in Honolulu cover Asia (including Pakistan and Pacific Islands) and Australia. Claimants referred for contracted services are expected to travel to the contractor’s office location approximately 90% of the time, per the contract terms.

1.11 Financial Responsibility and Accountability for Foreign Cases

(Change Date August 13, 2021)

Foreign training facilities that do not have a U.S. Tax Identification number will not be processed in the Invoice Payment Processing System (IPPS). Use of VAF 28-1905c, Certification of Training Hours, Wages, and Progress, is required to authorize payments to foreign facilities.

All foreign invoices are sent to VA in foreign currency. Payments will be processed through the local RO Support Service Division (SSD). The process for authorizing and paying foreign facilities is in the OFM VBA RO Procedure Guide, Chapter 5, Section 5.7, B-2.15 as follows:

• The foreign facility must email the invoice to VR&E. The VRC must review the invoice for accuracy. The VRC must convert the invoice amounts in U.S. dollars according to the rate posted in the currency converter website-

The conversion rate is determined by the invoice date. The invoice amounts are adjusted on the invoice and a digital copy of the conversion rate from the website is included with the invoice as a supporting document.

The VRC must email the invoice and supporting document to the local RO SSD Mailbox for payment processing.

The Finance Officer must review the invoice information in CWINRS, verify the conversion amounts, and issue a one-time payment (06A) to the foreign facility’s mailing address in the VETSNET Finance and Accounting System (FAS), using Program Type “Chapter 31” and Cost Code “3507 – Tuition and Fees”. Transaction notes are required on the 06A.

Upon authorization of the one-time payment (06A), the Finance Officer must upload the invoice and supporting documents, including the FAS Fiscal Print to the claimant’s VBMS eFolder.

1.12 Foreign Medical Program

(Change Date November 7, 2013)

The Foreign Medical Program FMP is a program established by VA to provide health care benefits to U.S. Veterans rated by VA for service-connected conditions who are residing or traveling abroad.

VA is authorized under 38 U.S.C. § 1724(b)(1) to furnish care and services to an eligible Veteran outside any State if VA determines that such care and services are needed for the treatment of a service-connected disability of the Veteran or as part of a rehabilitation program under chapter 31 of this title. Also refer to 38 CFR § 17.35 (a)(2) and 38 CFR 17.47(i)(2) for further guidance.

Claimants living in the Philippines, can obtain receive services at the VA Manila Outpatient Clinic.

a. Referral to the Foreign Medical Program for Non-Service-Connected Disability Treatment

(Change Date November 7, 2013)

VR&E claimants have access to medical and dental services through VHA, as outlined in VHA Directive 1601A.02. A claimant may be treated for his or her NSCD condition(s). However, the VRC must make the referral to the VA facility in order to authorize services for the NSCD treatment. Refer to M28C.V.A.4 for information on medical and dental treatment and services.

b. Submitting Claims to the Foreign Medical Program for Payment

(Change Date November 7, 2013)

The claimant must submit the claim to VHA for payment of medical and dental treatment as applicable, as outlined on the FMP website.