April 12,1990 M28-1, Part II

Change4

CONTENTS

CHAPTER 2. REHABILITATION PLANNING PROCESS

PARAGRAPH PAGE

2.01 The Rehabilitation Planning Process - Introduction 2-1

a\. Purpose 2-1

b\. Identification of Services 2-1

c\. The Goal of Planning 2-1

d\. Parents and Legal Guardians and Custodians 2-1

e\. Job Competitiveness and Employment 2-1

f\. Veteran\'s Refusal to Cooperate in Planned Services. 2-1

g\. Conditions for Authorizing the EAA (Employment Adjustment Allowance)
2-2

h\. Severance of Service-Connected Disability Rating or Reduction to
Noncompensable Degree 2-2

2.02 The Rehabilitation Plan - A Generic Term 2-2

a\. Scope of the Rehabilitation Plan 2-3

b\. Elements of the Plan 2-3

c\. Development of the Plan 2-3

d\. Documentation and Approva 2-3

e\. Implementation 2-4

f\. Resolution of Disagreements 2-4

2.03 The IWRP (Individualized Written Rehabilitation Plan) 2-4

a\. Purpose 2-4

b\. IWRP Elements 2-4

2.04 The IEEP (Individualized Extended Evaluation Plan) 2-6

a Purpose 2-6

b\. IEEP Elements 2-6

c\. Achievement of a Vocational Goal Is Currently Reasonably Feasible
2-7

d\. Achievement of a Vocational Goal Is Not Currently Reasonably
Feasible 2-7

2.05 The IEAP (Individualized Employment Assistance Plan) 2-7

a\. Purpose 2-7

b\. Preparation of an IEAP 2-7

c\. Incorporation of Employment Assistance Services into the IWRP 2-7

d\. IEAP Elements 2-8

e\. Program of Only Employment Services 2-8

2.06 The IILP (Individualized Independent Living Plan) 2-8

a\. Purpose 2-8

b\. IILP Elements 2-8

c\. Authorization of Services and Supplies 2-8

d\. Approved Service Providers 2-8

c\. Use of Consultants 2-9

f\. Individual Instructors 2-9

g Maintenance of the Level of Independence 2-10

2.07 Completing the Planned Program Under Chapter 31 2-10

a\. Entitlement Usage and Termination Dates 2-10

b\. Concurrence of the VR&C (Vocational Rehabilitation and Counseling)
Officer in Entitlement Extensions\... 2-11

c\. Employment Assistance When Training Services Cannot Be Completed
Under Chapter 31 2-12

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CONTENTS-Continued

PARAGRAPH PAGE

2 08 Changing the Plan\.... 2-12

2.09 Plan Review and Appeal of Planned Services.. 2-12

a\. Scheduling. 2-12

b\. Uses and Documentation of Reviews\.... 2-12

2.10 Rehabilitation Counseling and Planning with Handicapped Persons
Under Chapter 35 2-12

a.  Services Under SRT (Special Restorative Training) and SVT
    (Specialized

> Vocational Training) Programs, and Special Assistance Cases 2-12

b\. Evaluation and Planning Procedures. 2-12

c\. Documentation of SRT and SVT Programs, and Special Assistance Cases
2-13

d\. Regulatory Provisions 2-14

2.11 Documentation of Planning 2-14

a\. Purpose 2-14

b\. Required Narrative Format 2-14

2.12 Closure Statement. 2- 14

a\. Rehabilitated 2-14

b\. Discontinued 2-15

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April 12,1990 M28-1, Part II

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CHAPTER 2. THE REHABILITATION PLANNING PROCESS

2.01 THE REHABILITATION PLANNING PROCESS-INTRODUCTION

a\. Purpose. All rehabilitation planning is planning for independent
living. In most instances, this planning will focus on vocational
rehabilitation services designed principally to qualify a veteran to the
maximum extent feasible to both obtain and maintain suitable employment.
If vocational rehabilitation is not feasible, however, the
rehabilitation plan may provide the independent living rehabilitation
services which the disabled veteran needs to enable him or her to
function independently or with minimal dependence on others at home and
in the community. Vocationally oriented plans may also include these
independent living services and training. (38 U.S.C. 1500)

b\. Identification of Services. Successful rehabilitation depends
directly upon the careful planning of integrated, mutually supportive
services which the Department of VA (Veterans Affairs) will provide or
coordinate for the veteran. The planning process proceeds logically from
the evaluation process described in chapter 1. VR&C (Vocational
Rehabilitation and Counseling) staff members will incorporate the
services assistance identified during evaluation into an IWRP
(individualized written rehabilitation plan), IEEP (individualized
extended evaluation plan), IEAP (individualized employment assistance
plan), or IILP (individualized independent living plan).

c\. The Goal of Planning. The goal of a rehabilitation plan is the
placement of the veteran in either an improved daily living situation or
a suitable job. A suitable job is one that the CP (counseling
psychologist) has determined is consistent with the veteran\'s
interests, aptitudes, and abilities and does not aggravate the
veteran\'s disabilities. Furthermore, achievement of the goal generally
requires the veteran to demonstrate over a period of time his or her
adjustment to a full-time, permanent job or to an improved living
situation. Therefore, before the case manager can declare that the
veteran has been rehabilitated, there should be a reasonable assurance
that this adjustment will continue. Under certain limited circumstances,
however, and based on the veteran\'s particular circumstances or medical
condition, VA may consider either ongoing temporary job assignments or
part-time employment as necessary and suitable as the final planned
goal. For example, a veteran with reduced work tolerance may be
considered rehabilitated if he or she obtains employment consistent with
the effects of his or her condition.

d\. Parents and Legal Guardians and Custodians. Whenever the term
\"veteran\" is used in the discussion of the rehabilitation planning
process, this term also includes a court-appointed legal custodian or
guardian of the veteran. Similarly, the term \"child\" or \"dependent\"
includes a parent of a minor child or a court-appointed legal guardian
or custodian. A VA determination of incompetence solely for the purposes
of appointing a fiduciary to handle a veteran\'s or an adult
dependent\'s VA payments does not by itself mean that the veteran or
adult dependent is not competent to apply for and to work with VR&C
staff to develop a chapter 31 vocational rehabilitation or chapter 35
educational or training plan. On the other hand, if a court with proper
jurisdiction has appointed a guardian or custodian, then VR&C staff
members must develop any plan through the guardian or custodian.
Similarly, a parent must assist in the development of and sign any plan
developed for a minor child.

e\. Job Competitiveness and Employment. Completion of an lWRP or lEAP is
intended to enable the veteran to be competitive in acquiring and
maintaining employment in the selected occupation. Training generally
includes preparation for employment at the entry level of the
occupation. The preparation which VA provides veterans with an
employment handicap must be no less than that generally indicated by
occupational information At the same time, this preparation must offer a
reasonable expectation of employment at the conclusion of a
rehabilitation program. Thus, VA may provide additional preparation to
meet local occupational requirements which may exceed national norms for
the field in which the veteran is seeking employment. The CP will
consider increased preparation even above the local occupational
requirements for veterans with serious employment handicaps (38 CFR
21.72).

f\. Veteran\'s Refusal to Cooperate in Planned Services. If a veteran
refuses to cooperate in planned services to obtain needed job skills,
the case manager should take appropriate action under 38 CFR 21.362 and
21.364 to secure this veteran\'s cooperation. If the case manager cannot
secure the veteran\'s cooperation in the plan, he or she should place
the case in interrupted case status. For example, if a veteran fails to
participate in clearly planned job readiness training, the case manager
may not determine that the veteran has been rehabilitated to the point
of employability. Since the veteran has not achieved rehabilitation to
the point of employability, the case manager may not authorize payment
of an EAA (employment adjustment allowance). To hold a veteran
responsible for cooperating in a service, either an IWRP or an IEAP must
clearly prescribe the service. Therefore, the plan must simply, but
thoroughly describe all required services, especially services to
provide the veteran with job readiness skills.

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g\. Conditions for Authorizing the Employment Adjustment Allowance. The
case manager will authorize an EAA if the veteran meets the conditions
in 38 CFR 21.190(d) and 21.268. Therefore, to ensure proper payment of
this benefit, the IWRP must include all prescribed services and
assistance necessary to make the veteran \"job-ready.\" In some
instances, however, the veteran may meet the EAA conditions even if he
or she has not completed all the services prescribed in the IWRP. The
VR&C case manager will consider the period of rehabilitation to the
point of employability to be completed and will authorize payment of the
EAA if, on or before the ETD (eligibility termination date), the veteran
leaves his or her program without completing all planned services under
one of the following three conditions:

\(1\) The veteran has completed a sufficient portion of the services
prescribed in the IWRP to establish clearly that he or she is gener ally
employable as a trained worker in the occupational objective established
in the IWRP;

\(2\) The veteran accepts employment in the occupational objective
established in the IWRP with wages and other benefits commensurate with
wages and benefits received by trained workers in that objective; or

\(3\) The veteran has satisfactorily completed his or her prescribed
program, the practice of which requires pursuing an examination for
licensure, but is unable to take the licensure examination prior to the
ETD and there is no basis for extension of that date.

h\. Severance of Service-Connected Disability Rating or Reduction to
Noncompensable Degree. When a rating action is taken which proposes
severance, reduction to a noncompensable degree, or an increase or
decrease in the compensable service connected rating, and a chapter 31
master record exists in Target, the Adjudication Division will provide
copies of rating notices to the VR&C Division. The applicable provisions
of the following subparagraphs (1) through (3) will govern the
veteran\'s entitlement to chapter 31 evaluation and rehabilitation
services. (38 CFR 21.48)

\(1\) Rating Action Before the Plan Is Signed. When a proposed rating
action will either sever service connection or reduce the rating of
service-connected disabilities to a noncompensable degree, the VR&C
Division will immediately suspend all activities for case scheduling,
determination of entitlement, and plan development if both of the
following conditions are met:

\(a\) The veteran\'s case is either in Applicant or Evaluation and
Planning case status, and

\(b\) The CP, the VRS, and the veteran have not yet developed and signed
the plan for services.

The case will remain in the respective case status with a future control
established to coincide with the effective date of the proposed rating
action so that the VRS can review the claims folder to determine whether
the proposed rating action was finalized. If the severance of service
connection or reduction of the rating to a noncompensable degree becomes
final following this interim period as provided in 38 CFR 3,105 (d) and
(e), the VRS will then disallow the case using disallowance reason
\"AA - Declared Ineligible\" and move the case to Discontinued case
status. (38 CFR 21.48(a))

\(2\) Rating Reduction to 0 Percent After the Plan Is Signed. If the
proposed rating action reduces the veteran\'s rating of his or her
service-connected disabilities to a noncompensable degree, but the
rating proposing the reduction is signed after the CP, VRS, and the
veteran have signed the plan of services, the veteran may begin or
continue to receive services until placed in either Rehabilitated or
Discontinued case status. The veteran will continue to receive services,
allowing for periods of plan interruption and program goal
redevelopment. (38 CFR 21.48(b))

\(3\) Service Connection Severance After the Plan Is Signed. If the
proposed rating action will sever service connection, but the rating is
signed after the CP, VRS, and the veteran have signed the plan of
services, the planned services will continue until the date the proposed
rating action to sever service connection becomes final. A future diary
control will be established so that the VRS can review the claims folder
to determine whether the proposed rating action was finalized. The
veteran\'s case will be placed in Discontinued case status (without
disallowance processing in Target) if the proposed severance of service
connection becomes final. (38 CFR 21.48(c))

2.  THE REHABILITATION PLAN-A GENERIC TERM

A veteran\'s rehabilitation plan may be an IWRP, an IEEP, an IEAP, or an
IILP. In addition, IEEPs and IWRPs may be prepared for certain chapter
35 dependents. Each plan be will be documented on VA Forms 28-8872,
Rehabilitation Plan, and 28-8872a, Rehabilitation Plan-Continuation
Sheet.

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April 12, 1990 M28-1, Part II

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a\. Scope of the Rehabilitation Plan. A comprehensive rehabilitation
plan will focus on achieving independence in daily living, either
through assisting the veteran to obtain and maintain suitable employment
or to function independently or with reduced dependence on others in the
veteran\'s home and community. The plan will contain all of the services
which VR&C staff members and the veteran determine to be necessary to
enable the veteran to achieve the vocational or independent living goal
regardless of whether VA or another source will provide them. For
example, the goal of a vocational rehabilitation program is suitable
employment. Therefore, during the evaluation and planning process, the
CP must identify and incorporate into the IWRP appropriate services to
help the veteran become job-ready. If the veteran has an employment
handicap, but only needs employment assistance to obtain or maintain
suitable employment, the CP must determine which services the veteran
needs to achieve the vocational goal which has been determined to be
suitable. The CP will document the reasons for this finding on VA Form
28-1902b. For details concerning the factors involved in selecting
service providers, see part III, paragraph 2.Olc. As the veteran\'s
individual needs change during the course of the rehabilitation process,
the CP, VRS, and the veteran will amend or redevelop the plan to meet
those changing needs.

b\. Elements of the Plan. The rehabilitation plan must include, but is
not limited to, the following elements:

\(1\) A vocational or other rehabilitation program goal;

\(2\) A clear delineation of the veteran\'s and VA\'s responsibilities
in the rehabilitation process;

\(3\) Intermediate objectives which contribute directly to the
achievement of the rehabilitation goal;

\(4\) Services which VA agencies will provide directly or the delivery
of which VA will coordinate;

\(5\) Time guidelines for the completion of the intermediate objectives,
delivery of services, and program goal;

\(6\) An outline, documented in detail on VA Form 28-1902b, of criteria
and procedures for evaluating the veteran\'s progress in the
rehabilitation process;

\(7\) The projected dates for the comprehensive reviews, which occur at
least annually; and

\(8\) The name, location, and phone number of the case manager who will
be responsible for supervising the overall implementation of the
developed plan.

c\. Development of the Plan. The development of a rehabilitation goal
and the specific intermediate objectives which the veteran must attain
to reach that goal are based on the findings of the initial and extended
rehabilitation evaluations. The development of a comprehensive plan of
services must be consistent with both the veteran\'s rehabilitation
needs and the assessed level of personal and vocational development. The
CP has the primary responsibility for preparing the plan. The veteran
and the case manager must take an active part in the plan\'s
preparation, however, to ensure that the plan properly addresses all the
veteran\'s rehabilitation needs and concerns. Although all three
individuals must agree on the final elements of the plan, the CP has the
final responsibility for approving the individual elements. Similarly, a
CP, a VRS, and a dependent will work together to prepare a plan for SRT
(special restorative training), SVT (specialized vocational training),
or for other special VRS assistance for chapter 35 dependents. The VR&C
Officer will assign a case manager-normally the VRS who signed the
plan-to provide and coordinate the delivery of the planned services. The
case manager will monitor the veteran\'s progress in achieving the
objectives of the plan and success in the program and evaluate the
effectiveness of the rehabilitation planning and service delivery
process. The case manager will provide necessary background information
on service providers to assure that the selection of service providers
will be of an appropriate type, level, and quality to meet the
veteran\'s particular rehabilitation needs. The case manager\'s
familiarity with available facilities and services should provide
information critical to determining the veteran\'s ability to eventually
meet the demands of the selected vocational goal. In developing the
plan, the CP and the case manager may consult with other VR&C staff
members, the Vocational Rehabilitation Panel, and the VR&C Officer. They
may also consult with non-VA agencies and other resources to establish
the parameters of the most suitable plan.

d\. Documentation and Approval. The CP and the case manager must
document the veteran\'s needs and concerns and develop a step-by-step
program of services and assistance designed to improve the veteran\'s
situation in an effective and efficient manner. To approve and implement
the planned program, the CP, the case manager, and the veteran must sign
VA Form 28-8872 which details the element,, of the program. The veteran
must receive a copy of the signed plan. When the plan contains services
which VHS&RA (Veteran,, Health Services & Research Administration)
facilities will provide, the VBA (Veterans Benefits Administration) case
manager will provide a copy of the signed plan to the VHS&RA case
manager.

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e\. Implementation. The VBA case manager, whether a CP or VRS, has the
primary responsibility for overseeing the proper implementation of all
aspects of the plan and coordinating the various services specified in
the plan to achieve the intermediate objectives and rehabilitation goal.
The veteran also has certain defined responsibilities. The case manager
must take particular care to ensure that the veteran fully understands
and accepts these responsibilities at the time the veteran signs the
plan. During the life of the plan, the veteran is specifically
responsible for the following activities:

\(1\) The veteran must attempt to successfully complete all planned
program requirements;

\(2\) The veteran must cooperate in the delivery of all services;

\(3\) The veteran must keep the case manager informed of problems in
achieving program objectives or other difficulties at home or at the
training site which interfere with program participation; and

\(4\) The veteran must work with the case manager, and the CP if
necessary, to make timely and effective rehabilitation program changes
and adjustments which circumstances may require.

f\. Resolution of Disagreements. The VR&C Officer should attempt to
informally resolve any disagreements between the veteran and VR&C staff
members regarding the veteran\'s plan. If the VR&C Officer cannot
informally resolve the disagreements, the veteran may request an
administrative review or may file for an appellate decision. The request
for review or appellate action must be in writing. Upon receipt of the
written request, VR&C Division staff members will process the request
following the procedures in 38 CFR 21.98.

2.03 THE INDIVIDUALIZED WRITTEN REHABILITATION PLAN

a\. Purpose. The IWRP will provide a clearly defined description of the
veteran\'s vocational goal and intermediate objectives. The plan must be
as comprehensive as possible in addressing the training, health, and
independent living needs of the veteran and in providing for removal of
identified obstacles to successful achievement of the rehabilitation
goal. It is essential that the plan incorporate realistic training in
job-seeking and retention skills into the period of rehabilitation to
the point of employability. The veteran should develop these skills
concurrently while training and receiving other rehabilitation services
and assistance. The IWRP will designate the means, service providers,
and dates by which the veteran will achieve the intermediate objectives
and the final goal.

b\. IWRP Elements. The IWRP must include the essential plan elements
identified in paragraph 2.02b above. For the IWRP the elements are
described as follows-

\(1\) Program Goal. The IWRP must identify a specific program goal which
will normally be a vocational goal, i.e., an occupation defined by a DOT
(Dictionary of Occupational Titles) code as specified in paragraph
1.05a(2)(a)-to which both VR&C staff members and the veteran have
agreed. In those instances in which the evaluation and planning process
does not result in the identification of a vocational goal, but the
veteran is determined to be currently reasonably feasible to achieve a
vocational goal and services are necessary to improve the veteran\'s
rehabilitation potential and to provide a basis for planning, the
program goal of the IWRP at that time must specify the purpose of the
services to be provided (38 USC 21.140 (a)(2)(i) and (ii)). In this type
of situation the program goal might be \"Improvement of rehabilitation
potential and development of a basis for vocational planning.\" Under 38
CFR 21.84, the IWRP for a veteran with a serious employment handicap may
also have a separate independent living goal The IWRP will provide the
veteran all services and assistance necessary to prepare for, obtain
and/or maintain suitable employment. The CP and VRS will work carefully
together in planning and providing the services required to assist the
veteran to obtain suitable entry level employment and to assure that the
veteran will be able to maintain the desired employment. The selection
of the program goal will be individualized. The CP and VRS must consider
as a minimum the following factors in determining a vocational goal:

\(a\) The limitations imposed by the veteran\'s service- and
nonservice-connected disabilities,

\(b\) The veteran\'s pattern of interests, aptitudes, and abilities
(Note: a veteran\'s stated interest alone will never be the sole factor
considered in establishing a vocational goal or the entry level of
employment for a veteran.):

\(c\) Labor market conditions prevailing in the area the veteran will
seek employment,

\(d\) Employment prospects projected for the proposed occupational
field, particularly in the geographical area in which the veteran
expects to reside and work; and

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\(e\) Other relevant factors.

\(2\) Intermediate Objectives. Once the veteran\'s program goal has been
identified, the plan must establish the intermediate steps or objectives
which the veteran must complete to achieve the goal. When the program
goal is a vocational goalas defined these will include specific
educational and vocational training degree, diploma, apprenticeship,
on-job training, and job skills training-which will provide the skills
the veteran needs to secure and function effectively in the occupation.
The CP and the VRS must fully document the justification for the
selection of the vocational goal and the educational level required to
achieve it. The CP and the VRS must take care to assure that the results
of the evaluation support the program/vocational goal, the educational
level planned, and the other services planned. If a particular degree,
diploma, or certificate is generally necessary for entry into the
occupation, the veteran shall be trained to that level; e.g , an MSW for
social work. For a vocational goal such as faculty member of a college
or university, however, which requires differing educational preparation
depending on whether the prospective work setting is a 2-year community
college or a major university, the extent of training VA provides is
dependent upon the level of preparation required for the particular work
setting. For example, a master\'s degree may be the general requirement
for teaching business at a community college, whereas a doctoral degree
may be the acceptable educational preparation for teaching, research,
and publication in the same subject at a 4-year university On VA Fonrm
28-8872, the CP and the VRS will identify the vocational goal and
intermediate objectives by purpose, source, duration, and other details
which set the standards against which VA will measure achievement.
Examples on intermediate objectives include, but are not limited to,
educational or vocational programs or courses of training; training in
job interviewing and resume writing; procuring special equipment;
treatment of physical or psychological conditions, such as alcohol or
drug dependency, obesity, and anorexia; and remedial or special
education courses to overcome educational and leaming disabilities. If
the intermediate objective is a clearly defined, established set or list
of courses, physical activities, or similar requirements that are
contained in a school catalog, the CP need not comprehensively describe
the objective on VA Form 28-8872. Instead, the CP should reference the
original source and attach a copy of it to the plan. In some instances,
the amount of training and other necessary services to qualify for
employment in a particular occupation in a geographical area where a
veteran will seek employment will exceed the amount generally needed for
employment in that occupation. If this occurs, VA may provide or arrange
for the necessary additional training. The duration of a vocational
rehabilitation program may not exceed 48 months (or its equivalent on
apart-time basis), except as provided in 38 CFR 21.78. VA will train
veterans with a serious employment handicap to a higher level than is
usually required to qualify in a particular occupation when one of the
following three conditions exists:

\(a\) Disadvantage in Competition for Employment. The veteran is
preparing for a type of work in which he or she will be at a definite
disadvantage in competing with nondisabled persons for jobs or business,
and the additional training and non-training services will help to
offset the competitive disadvantage.

\(b\) Feasible Occupations Are Limited. The number of feasible
occupations are restricted, and additional training and non-training
services will enhance the veteran\'s employability in one of those
occupations.

\(c\) Employment Opportunities Are Limited. The number of employment
opportunities within feasible occupations are restricted.

\(3\) Service Providers. Although it is VR&C policy to provide
cost-effective rehabilitation services, the primary concern selecting
services and service providers is to provide disabled veterans with
sufficient services to achieve and maintain suitable employment. In all
cases, the CP and VRS will individualize selection of service providers
to meet the particular needs of the veteran. For example, when two
institutions offer degree programs which appear similar, the CP and the
VRS must seriously consider the more cost effective program, but they
must also consider other factors in determiningwhich program is
appropriate for the individual veteran. A careful analysis may
demonstrate that the employment rate for graduates at the institution
which costs less is lower than the institution costing more. Analysis
may also demonstrate that the morecostly program is suitable to the
veteran\'s needs in terms of his or her need forwheelchair accessibility
or greater individualized instruction due to smaller class sizes. Class
size may be a critical factor in selection of an institution for an
older veteran who may be at a disadvantage in a large, impersonal public
university with generally large classes. The IWRP may not include an
institution or program to which the veteran is not appropriately suited.
The CP and the VRS must consider the cost of services as a factor in
selecting a service provider whenever

\(a\) There is more than one service provider in the area where the
veteran resides which:

[1]{.underline}. Meets requirements for approval under 38 CFR 21.292
through 21.298, Can provide the education and training services and
other supportive services specified in the veteran\'s IWRP, and

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M28-1, Part II April 12,1990

Change 4

[3]{.underline}. Is within reasonable commuting distance; or

\(b\) The veteran wishes to train or receive other services at a
suitable facility in another area, even though a suitable facility in
the area where the veteran resides can provide the training or services.

\(4\) Identification of Specific Services. The CP will state on VA Form
28-8872 the specific services necessary and sufficient to allow the
veteran to reach the goals and objectives of the plan. The CP will
define these services in terms of activity, provider, dates of duration,
expected outcomes, and other clarifying information.

\(5\) Employment Assistance. The lWRP should not postpone employment
assistance skills training activities until the educational or
vocational training phase of a rehabilitation program has been
completed. These employment-oriented activities should begin at the
earliest possible point in the rehabilitation process, even during the
planning process. At that time, the CP will assess the veteran\'s level
of vocational maturity and will include a series of objectives designed
to further the veteran\'s employability in the selected vocational goal.

\(a\) Employment Assistance Activities During Evaluation and Planning.
In the process of identifying a vocational goal during the evaluation
and planning process, the CP may direct the veteran to complete one or
more employment assistance activities. For example, the veteran might
review occupational information material, speak with journeymen working
in the potential or proposed field of work, or perform some other
exploratory activity. The CP will document this developmental activity
on VA Form 28-1902b or 28-1902n.

\(b\) Employment Assistance Activities During Rehabilitation to the
Point of Employability. In addition to continuing the activities in
paragraph(a) above, the veteran will acquire specific job seeking skills
while assigned to Rehabilitation to the Point of Employability case
status. The IWRP will prescribe which activities the veteran must
complete before being assigned to Employment Services case status and
establish a preferred sequence for their completion. For example, the
veteran may take specific courses in the planned career field for
familiarization with the assignments and knowledge expected of
entry-level employees. He or she may take job interviewing training,
enroll in a resume preparation course, or even obtain a volunteer or
part-time job in the potential work field. The veteran may engage in a
period of unpaid work experience in a Federal, State, or local
government agency. Following the guidelines set up in the plan, the case
manager will evaluate each activity completed during regular
rehabilitation assistance visits and at the time of the annual review of
the plan. VR&C staff members should continue or expand upon these
activities in any resulting addenda to the plan.

\(6\) Evaluation Procedure Required. Each intermediate objective and
service must have an evaluation procedure and schedule. The case manager
will timely evaluate the veteran\'s completion of each service or
objective. These evaluations will ensure that the veteran is adequately
progressing toward the achievement of the rehabilitation goal.

\(7\) Identification of Case Manager. The plan must include the name,
location, and phone number of the case manager who will be responsible
for supervising the overall implementation of the plan.

2.04 THE INDIVIDUALIZED EXTENDED EVALUATION PLAN

a\. Purpose. During the initial evaluation, if the CP cannot determine
whether it is currently reasonably feasible for the veteran to achieve a
vocational goal, the CP may authorize a period of extended evaluation.
(For a discussion of current reasonable feasibility, see para. 1.05; for
extended evaluation, see par. 1.06.) The sole purpose of an extended
evaluation is to provide the information needed to enable the CP to
determine the veteran\'s ability to achieve a vocational goal. The IEEP
will identify the services necessary to make this determination.

b\. IEEP Elements. An IEEP must include the following elements-

\(1\) Services to Determine the Current Reasonable Feasibility of a
Vocational Goal. The IEEP will establish essential services in the same
manner as the IWRP in terms of identifying the necessary services by
purpose, source, duration, and other appropriate descriptive
information. Services under an JEEP may include vocational or work
evaluations; physical, psychological or psychiatric examinations; and
other related actions as provided in 38 CFR 21.140(d). The services will
be designed to answer the CP\'s questions about the veteran\'s ability
to perform in an educational or vocational setting and ultimately to
enter suitable employment. The information gained through completion of
the IEEP must relate directly to the conditions of current reasonable
feasibility contained in 38 CFR 21.53(d) and the definitions contained
in 38 CFR 21.35(f)(1) and (f)(2), (h), (i), and 0).

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April 12,1990 M28-1, Part II

Change 4

\(2\) Case Manager. As the extended evaluation is a continuation of the
initial evaluation, the evaluation process does not terminate until the
CP has made the determination of the veteran\'s feasibility to achieve a
specific vocational goal or a range of specific goal options. Therefore,
the CP who conducted the initial evaluation will act as the veteran\'s
case manager for the period of the IEEP unless it is impractical for the
CP to act in this capacity. This impracticality may be caused by the
location of the evaluation facility, travel restrictions, time demands,
or other significant factors. If the CP cannot manage the case, he will
request that the VR&C Officer appoint another professional staff member
as case manager. The CP will note the VR&C Officer\'s selection in the
plan

c\. Achievement of a Vocational Goal Is Currently Reasonably Feasible.
If, after the veteran completes a period of extended evaluation, the CP
finds that a vocational goal is currently reasonably feasible, the CP,
the VRS, and the veteran will work together to complete an IWRP.

d\. Achievement of a Vocational Goal Is Not Currently Reasonably
Feasible. If after the veteran completes a period of extended
evaluation, the CP finds that a vocational goal is currently not
reasonably feasible, the CP will determine if the veteran could benefit
from a program of independent living services. The CP may design a
program of the services to enable the veteran to achieve one of the
following goals:

\(1\) To function more independently in daily living;

\(2\) lf possible,to progress to the point where it is reasonably
feasible for the veteran to,again,participate in an extended evaluation,
because feasibility for achievement of a vocational goal has again
become questionable; or

\(3\) If possible, to reach the point where it is reasonably feasible
for the veteran to enter a vocationally oriented rehabilitation program

2.05 THE INDIVIDUALIZED EMPLOYMENT ASSISTANCE PLAN

a\. Purpose. The IEAP provides the structure for the veteran and case
manager to identify, review, and carry out activities which are
necessary for the veteran to obtain or maintain a suitable job. The IEAP
describes employment and post employment follow-up services and
assistance which VA will provide or arrange to be provided. VA will
begin to furnish these services during a period of rehabilitation to the
point of employability along with other rehabilitation services and
assistance. With certain exceptions, this job skills training may
continue during a period of employment assistance once the veteran has
achieved job readiness through IWRP services and assistance. An IEAP may
also constitute the whole of a veteran\'s rehabilitation program.

b\. Preparation of an IEAP. If the veteran is in Rehabilitation to the
Point of Employability case status, the case manager and the veteran
will complete preparation of the IEAP no later than 60 days prior to the
completion of the period of rehabilitation to the point of
employability. In many instances, it may be appropriate to either
develop the IEAP much sooner than this 60-day minimum or to completely
incorporate into the IWRP the services and assistance that the IEAP
would normally prescribe.

c\. Incorporation of Employment Assistance Services into the IWRP. For
OJT (on-job-training), apprenticeship, and school programs of I year or
less, VR&C staff members will generally not prepare a separate IEAP-,
instead, they will incorporate all employment assistance services into
the IWRP.

\(1\) OJT/Apprenticeship. For a veteran in an OJI or apprenticeship
program, VA professional staff members will incorporate into the IWRP
the services and assistance normally described in the IEAP regarding
post training maintenance of suitable employment As circumstances
dictate, VR&C staff members and the veteran may jointly modify the plan
for these services during or after completion of the training phase of
the vocational rehabilitation program. When the OJT or apprenticeship
participant has achieved journeyman level and has completed all other
rehabilitation objectives,the case manager will place the veteran into
Employment Services case status. The case manager will then follow up
the veteran\'s adjustment to journeyman level employment.

\(2\) School Programs Lasting I Year or Less. Under an IWRP in which a
veteran will achieve the school program objective in I year or less, the
case manager may change the veteran from Rehabilitation to the Point of
Employability case status to Employment Services case status at the time
the case management- make the formal determination of rehabilitation to
the point of employability.

\(3\) Documentation When IWRP Incorporates IEAP Assistance. In each of
the two excepted situations given in subparagraphs (1), and (2) above in
which the IWRP establishes all IEAP services and assistance the veteran
will receive, the case manager and veteran

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M28-1, Part II April 12,1990

Change 4

do not have to prepare a separate IEAP. Instead, the case manager should
check the IEAP block in item 5 on VA Form 28-8872 and insert a date next
to the checked IEAP block to show the time of case status change to
Employment Services. In either of these situations, however, the case
manager and the veteran may develop a separate IEAP if the IEAP
clarifies the services VA will provide and the objectives the veteran
will accomplish. Inal/cases, the original IWRP must define the critical
employment service objectives which can be identified at that time This
will prepare veterans for job placement activities as early as possible
in their programs.

d\. IEAP Elements. The elements of the IEAP are essentially the same as
those of the IWRP The IEAP will identify services and assistance which
the veteran needs by purpose, source, duration, and other essentials.
The CP and case manager will help the veteran to carefully select
intermediate objectives which meet the veteran\'s specific needs. These
intermediate objectives may include resume preparation, completion of
job application forms, interview preparation, rehearsing, and
videotaping, training in negotiating salary and working condition,,;
proper dress, and similar job, seeking activities, needs, and skills.
Other services and assistance - such as participation in alcoholics
anonymous, drug abuse counseling, and psychotherapy-may be necessary if
a veteran is to obtain or maintain suitable employment.

e\. Program of Only Employment Services. The IEAP may be the only plan
developed for a veteran ,who is entitled to a program of vocational
rehabilitation, is already suitably trained, is employable or
employed,and only requires assistance in obtaining or maintaining
suitable employment. Following the initial evaluation for this veteran,
the services the veteran receives under the IEAP will constitute the
whole of the program

2.06 THE INDIVIDUALIZED INDEPENDENT LIVING PLAN

a\. Purpose. A veteran may have disabilities so severe that achievement
of a vocational goal is not currently reasonably feasible. If this
veteran needs additional services to reach the point where a vocational
goal is currently reasonably feasible, to reach the point where he or
she may be reasonably feasible to participate in an extended evaluation.
or to become more independent in daily living within family and
community, VR&C professional staff members and the veteran will jointly
prepare an IILP.

b\. IILP Elements. The IILP identifies the required services, purpose,
source, duration, and any other essentials pertinent to the individual
case. The plan will include the following elements:

\(1\) Independent Living Services. VR&C professional staff members will
identify the services necessary for and, of the purposes identified in
subparagraph a above.

\(2\) Careful Facility Selection. The case manager must take care to
identify and select facilities which have a demonstrated ability to
provide effective programs of independent living- services or specific
independent living- services.

c\. Authorization of Services and Supplies. The case manager will
authorize services, incidental goods, and supplies determined neccesary
to accomplish the goals of an independent living program following
established policies and procedures described in part III. chapters 2
and 6. When it is determined that program expenses will require Central
Office clearance, as explained in part III. pararaph 8 06, the station
must obtain such clearance prior to agreeing to the plan

d\. Approved Service Providers The VR&C Division CP will normally
arrange for VA facilities to provide independent living services to
veterans participating in the program. VA medical facilities are the
primary resources for the provision of services authorized as either
part of an IILP or when these services constitute the whole of an
independent living program. If VA facilities cannot provide timely,
effective, and cost-efficient services, the VR&C case manager may
contract with other governmental, public, and private sector nonprofit
and for-profit facilities or organizations to provide a program of
independent living services.

\(1\) Use of For-Profit Facilities. For-profit agencies may be used only
when one of the following conditions is met:

\(a\) Services are not available through VA or other public and private
nonprofit agencies;

\(b\) Services cannot be obtained cost-effectively through public or
private nonprofit agencies;

\(c\) Services are available through VHS&RA or other public and private
nonprofit agences, but these services are not comparable in
effectiveness to those furnished by for-profit agencies; or

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April 12,1990 M28-1, Part II

Change 4

\(d\) Services are available through VHS&RA or other public and private
nonprofit agencies, but no beds are available. When a veteran is
receiving services in a non-VA for-profit facility, the case manager
must maintain contact with the VHS&RA case manager to determine when bed
space becomes available. When bed space becomes available the veteran
will be transferred to the VHS&RA facility if it is reasonably feasible
for the veteran to continue the program of services in the VHS&RA
facility. Factors which must be considered in determining the
feasibility of transfer include, but are not limited to, the cost of the
non-VA facility services and the gains in independent living skills
which have been acquired by the veteran but which may be lost as a
consequence of the transfer. VR&C contracts contain a standard
termination clause which pen-nits termination with a 30-day written
notice.

\(2\) Record of Use of Non-VA Facilities. When VA facilities cannot
provide independent living services, or appropriate arrangements cannot
be made to use VA medical facilities, the VR&C Division case manager
will document the veteran\'s record to show the following information:

\(a\) A summary of all consultations with appropriate VHS&RA staff
members concerning the need for medical, dental, and prosthetic
services, including prosthetic aids, assistive devices, or medically
related equipment This documentation requirement may be met by including
in the file a completed VA Form28-8861,Request for Medical
Services-Chapter3l. In item 11 of this form, clearly state the specific
services requested and the questions VHS&RA staff members should answer
The record must contain the VHS&RA responses.

\(b\) The reasons why a VA medical facility cannot provide the needed
services and why the facility cannot approve them on a fee basis. When
the VR&C case manager is a CP he or she will use VA Form 28-1902b or VA
Form 28-1902n, as appropriate, to document the reasons If the case
manager is a VRS, VA Form 28-1905d will be used to document the reasons.

\(3\) Contracting Procedures To contract for services which are part of
or the whole of an independent living plan, VR&C staff members will
follow the procedures described below:

\(a\) Review approval criteria in 38 CFR 21.292, 21.294 and 21.140
through 21.156.

\(b\) Review existing catalogs, brochures, statements of charges,
program outlines, and other agency approval is to determine the general
suitability of services

\(c\) Determine whether catalogs and statements of charges are
sufficient to be accepted in lieu of contracts as provided in Department
of VAAR (Veterans Affairs Acquisition Regulations) 871.201-2.

\(d\) Visit the facility to determine if it has the equipment, resource
materials, and accessibility to meet the veteran\'s needs.

\(e\) Interview staff members, administrators, clients, and others to
determine service quality. The facility must have shown a capacity to
Provide independent living services and must have received either state
rehabilitation agency approval or approval by an accrediting body
appropriate to the field of rehabilitation.

\(f\) Review the facility\'s record keeping and progress reporting
procedures.

\(g\) If the facility is appropriate to the veteran\'s needs, prepare a
memorandum proposing to contract for services which references the
factors listed in 38 CFR 21.294 to the VR&C Officer for his or her
concurrence.

\(h\) Execute VA Form 22-1903, Contract for Education and Training,
unless excepted by VAAR 871 201-2 (see subpar. (el above) Negotiated
costs should not exceed amounts for equivalent services which the
facility bills other public sector agencies, e.g., State DVR (Department
of Vocational Rehabilitation) and the Social Security Administration.

\(i\) Request assignment of facility code by the Education Services Unit
and record the code in the veteran\'s chapter 31 master record.

e\. Use of Consultants. VR&C staff members may use, at any time during
the rehabilitation process, outside consultants to evaluate either a
proposed program of services or on ongoing program to determine if the
services proposed or being delivered will allow the veteran to reach the
intended independent living program goals

f\. Individual Instructors. Approved service providers,as defined in
subparagraph d above, rather than individual instructors, will usually
provide the services detailed on the IILP. However, when necessary, VA
may use qualified individual instructors to provide.

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M28-1, Part II April 12,1990

Change 4

\(1\) Services as, part of the total independent living program when
instructors are under contract to an approved service provider, or

\(2\) A discrete service or service,, when instructors are directly
under contract with VA. VR&C staff members will personally supervise
these instructors following the procedures in part III, chapter 2. To
contract for this individual instruction, VR&C staff members must follow
the procedure provided below-

\(a\) Review approval criteria in 38 CFR 21.146, 21 292, and 21 294(d),

\(b\) Identify potential individual service providers by contacting
local rehabilitation agencies, schools, vocational schools, counseling
agencies, and other community resource.

\(c\) Meet with potential provider,, to determine their qualifications
and ability to provide the required services;

\(d\) Select an appropriately qualified individual:

\(e\) Meet with the veteran and the individual instructor to jointly
develop a program of services;

\(f\) Prepare a memorandum to the VR&C Officer setting forth pertinent
information concerning qualifications, costs, and recommendations for
concurrence,

\(g\) Negotiate with the service provider and prepare VA Form22-1903.
Negotiate costs for services should not exceed the negotiated costs
billed to other public sector funding sources-e.g., State DVR and the
Social Security Administration;

\(h\) Develop a list of books and supplies required to be personally
owned by the veteran and complete VA Form 28-1905m, Request for
Supplies, if needed, unless these items are included in Schedule I of
the contract; and

\(i\) Request that the Education Services Unit assign a facility code to
the individual instructor and record the facility code in the veteran\'s
chapter 3 1 master record when the veteran enters training.

g\. Maintenance of the Level of Independence. The plan will provide for
maintenance of the improved level of independence achieved under the
IILP Thus, although the plan may provide for a discrete set of training
activities and other services, these activities and services should have
a carryover benefit for the veteran, preferably for an extended period
of his or her life.

2.07 COMPLETING THE PLANNED PROGRAM UNDER CHAPTER 31

a\. Entitlement Usage and Termination Dates. U.S.C.chapter3l, 48 months
of entitlement are available for completion of a veteran\'s
rehabilitation program unless the veteran meets the conditions for an
extension of this period. The length of a veteran\'s program is
dependent on the rehabilitation needs identified through the initial
rehabilitation evaluation process. Thus the duration of the program
depends on the assessed service,, and assistance the veteran needs to
help him or her obtain and/or maintain suitable employment. To compute
total entitlement usage again, this 48-month limit, entitlement used
under VA education programs other than chapter 31 must be added to the
entitlement used and projected to be used under chapter 31 If the
veteran cannot complete the planned program within this 49-month limit
the CP (with the concurrence of the VR&C Officer) may grant an extension
beyond this limit under conditions outlined in subparagraph,, (1) and
(2) below. Similarly, a veteran must be able to complete the planned
program within the 12-year eligibility period The condition,, for
extension of the veteran\'s and entitlement are discussed below in
subparagraph (1) below, for a veteran with a serious employment handicap
and in subparagraph (2) below, for a veteran with an employment
handicap. When it is not possible to extend the veteran\'s ETD or
entitlement sufficiently for the veteran to complete the planned
program, VR&C staff member,, and the veteran must make realistic,
comprehensive, and detailed arrangements which will enable the veteran
to successfully complete training under other auspices. If VA cannot
make these arrangements, the CP, VRS, and the veteran must reevaluate
the long-range vocational goal of the veteran and select another
vocational goal which can be completed using the veteran\'s remaining
chapter 31 resources (NOTE\'Regarless of the degree of employment
handicap, entitlement usage dies not include the 2-month EAA period or
any periods when the veteran is receiving only employment assistance.)

\(1\) Serious Employment Handicap. The CP may extend the 12-year
eligibility period for a veteran determined to have a serious employment
handicap to permit the veteran to achieve the rehabilitation goal. The
CP does not need the concurrence of the VR&C Officer to approve this
extension In contrast to eligibility period extensions, the CP may
approve an extension of entitlement beyond 48

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April 12,1990 M28-1, Part II

Change 4

months only with the concurrence of the VR&C Officer (38 CFR 21.78(d)).
If the veteran is in a rehabilitation program which cannot be completed
within 48 months of total entitlement used and the veteran meets one of
the conditions in 38 CFR 21.78(c), the CP will request the concurrence
of the VR&C Officer in the extension of the veteran\'s chapter 31
entitlement limit beyond 48 months to allow the veteran to complete the
approved rehabilitation program under chapter 31 (see also subpar. (d)
below).

\(2\) Employment Handicap. For a veteran who has an employment handicap,
but who does not have a serious employment handicap, the 12-year
eligibility period may not be extended beyond the ETD with the exception
of allowable extensions of this period for one or more of the reasons
listed in 38CFR21.42. This veteran is limited to 4 8months of
entitlement under all chapters in combination with chapter 3l,with the
exceptions in subparagraphs (a) through (d)below. For a veteran to
qualify for one of these entitlement exceptions, the VR&C Officer must
concur in the extension (see also subpar. (c) below):

\(a\) The CP may approve an extension of entitlement under chapter 31 if
the CP expects this extension will make the veteran employable and will
not result in authorization of more than 48 months of entitlement under
chapter 31 alone. (38 CFR 21 78(b)(3)).

\(b\) The CP may approve an extension beyond 48 months of entitlement
under chapter 3 1 alone for a veteran who previously was rehabilitated
to the point of employability in a chapter 3l program if the occupation
for which the veteran previously prepared is found to be unsuitable
because of the veteran\'s abilities and employment handicap. (38 CFR
21.78(b)(2))

\(c\) The CP may approve an extension of entitlement beyond 48 months
under chapter 31 alone for a veteran who previously was rehabilitated to
the point of employability in a chapter 31 program if the veteran\'s
service-connected disability has worsened to the point that he or she is
unable to perform the duties of the occupation for which he or she
previously prepared and a period of training in the same or a different
field is required. (38 CFR 21.78(b)(1)).

\(d\) A veteran who has elected to participate in chapter 31 and elects
payment of benefits at the chapter 30 or 34 subsistence rate may only
exceed 48 months of entitlement under the chapter 31 program:

\(1\) To the extent of entitlement previously used in a course at the
secondary school level under 38 CFR 21.4235, or

\(2\) To the extent of completing a term, quarter, or semester which was
begun before the chapter 30 or 34 entitlement limitation was reached and
completion of the course will be possible by permitting the veteran to
complete the training under chapter 31. (38 CFR 21.78(b)(4)). NOTE. To
be eligible for an EAA, a veteran must be receiving chapter 31
subsistence allowance on the date the veteran last trained under a VA
education program. The requirements and restrictions for reelection of
subsistence allowance are contained in 38 CFR 21.264(b).

b\. Concurrence of the VR&C Officer in Entitlement Extensions. Any
extension of a rehabilitation program beyond 48months of total
entitlement under all VA education benefit programs, other than
entitlement for employment assistance, requires the approval of the CP
and the concurrence of the VR&C Officer. The CP will make the request
for concurrence by memorandum, outlining the issues involved and
describing the way in which the additional entitlement usage will assist
the veteran to reach hi,, or her rehabilitation goal. The VR&C Officer
will concur if the services and assistance the veteran would receive
during the extended program would probably lead to achievement of the
rehabilitation goal (38 CFR 21.78(d)).

\(1\) Nonconcurrence-Veteran does not have Serious Employment Handicap.
For a veteran with an employment handicap, but no serious employment
handicap, if the CP cannot justify an extension or the VR&C Officer does
not concur in the extension, the CP must either redevelop the plan to
allow completion within the 48 months of available entitlement or
identify another source of assistance which will allow the veteran to
complete the program before authorizing services This source may be a
State rehabilitation agency, it may be a public or private provider of
financial aid, such as a bank, a school, or an employer; or it may be a
private resource of the veteran, such as a savings account, trust fund,
or income from employment. This identification of resources will assure
that the veteran can complete his or her training to the same extent as
if the program were completed under chapter3l The CP will fully document
this arrangement on VA Form 28-1902b and annotate the plan to reference
the arrangement. If the CP cannot arrange for resources outside of VA,
the CP must reevaluate the veteran\'s long-range goal and assist the
veteran to select a goal which the veteran can achieve using only the
veteran\'s remaining chapter 31 entitlement. (38 CFR 21.82(b))

\(2\) Nonconcurrence Veteran has Serious Employment Handicap. For a
veteran with a serious employment handicap, if the VR&C Officer does not
concur in the extension of entitlement, the CP must either redevelop the
plan or refer the plan to the Director, Vocational Rehabilitation and
Education Service (226B) under 38CFR21.414 and 3 105(b) for resolution
of the difference of opinion.

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M28-1, Part II April 12, 1990

Change 4

c\. Employment Assistance When Training Services Cannot Be Completed
Under Chapter 3l. VA may provide employment assistance after the period
of vocational rehabilitation eligibility has passed (38CFR21.47(c)). The
CP, the case manager, and the veteran will develop a plan of employment
assistance even though the veteran cannot complete the rehabilitation
program under chapter3l because the veteran has exhausted his or her
chapter 31 entitlement or because the veteran\'s ETD has passed.

2.08 CHANGING THE PLAN

Either the veteran or VR&C staff members involved in the veteran\'s
program may request a change in the plan at any time after initial
development of the plan. The case manager must continuously monitor and
adjust the plan of services to fully meet the veteran\'s rehabilitation
needs. The case manager and possibly the CP may need to work with the
veteran to adjust or redevelop the plan to meet the veteran\'s changing
needs or circumstances during the rehabilitation process. The CP will
fully document the grounds for changes to the plan on VA Forms 28-1902b,
Counseling Record-Narrative Report, and/or 28-1902n, Counseling
Record-Narrative Report (Supplemental Sheet), and the VRS will use
28-1905d, Special Report of Training The bases for and the nature of the
changes must be clear to a reviewing official.

2.09 PLAN REVIEW AND APPEAL of PLANNED SERVICES

The veteran or chapter 35 eligible person may request review of the plan
when it is proposed or at any stage of its development or implementation
when he or she does not agree with the plan\'s terms or conditions.
Details for appeals are in part 1, chapter 10 In addition, VA requires
an annual review of the implemented plan of services. The case manager
will comprehensively review with the veteran all the terms of the plan
and the veteran\'s over-all progress at least once every 12 months.
These reviews may occur during the course of regularly scheduled
rehabilitation assistance visits. As part of each annual review of the
plan, the case manager and the veteran will assess whether services to
improve job readiness skills are being provided on a timely and
effective basis. If needed, the case manager will arrange for the
delivery of additional services to assure the veteran has the requisite
skills and knowledge to obtain and keep suitable employment. VR&C staff
members will pay special attention to the provision of services needed
to develop and improve job readiness.

a\. Scheduling. The CP will schedule reviews on VA Form 28-1902b and
will note this schedule in item8J, 9J or iOJ of VAFon-n 28-8872 and, if
needed, in items 5J and 6J of VA Form 28-8872a. The case manager will
justify changes in this schedule on VA Form 28-1905d and will note the
changes on the VA Form 28-8872.

b\. Uses and Documentation of Reviews. On the basis of a comprehensive
review, the veteran and the case manager may agree to either retain the
plan in its present form, amend it, or redevelop it. For each required
annual comprehensive review, the case manager will use VA Form 28-1905d
to identify the meeting as a formal annual review and to record the
discussion of each service, objective, and goal which the plan
identifies. The case manager will also document on VA Fon-n 28-1905d the
effect of each review on the plan; for example, \"The plan was amended
to include additional job search skills training in interviewing. This
6-week training will take place during the 1990 fall quarter at The
University of Georgia Career Counseling Center.\"

10. REHABILITATION COUNSELING AND PLANNING WITH HANDICAPPED PERSONS
    UNDER CHAPTER 35

a\. Services Under SRT and SVT Programs, and Special Assistance Cases. A
dependent child who is eligible for chapter 35 benefits is entitled to
SRT, SVT, or the special assistance of a VRS (or CP with VRS
responsibilities) if a VR&CCP deterrnines the child needs these
services. VA provides SRT to assist a dependent child to over come or
lessen the effects of a physical or mental disability and thus to enable
the dependent to achieve an educational, specialized vocational or other
appropriate goal. For some children, an SRT program may also include
educational services. The CP may prescribe an SVT program following
completion of an SRT program. A spouse or surviving spouse who is
eligible for chapter 35 benefits is entitled to SVT, but not SRT, if a
CP determines the spouse needs these services Special assistance of a
VRS will also be provided a handicapped eligible child under
38CFR21.4276 when the CP, after consulting with the VRP (vocational
rehabilitation panel), determines that, although the dependent does not
need an SRT or SVT program, the dependent will require the help of a VRS
to successfully pursue a program of education.

b\. Evaluation and Planning Procedures. The CP will provide the
comprehensive rehabilitation counseling and evaluation services
described in M28-1, part II, chapter I to persons being considered for
SRT, SVT, or special assistance. Rehabilitation counseling and planning
services may be provided in the home for seriously handicapped
dependents. The CP should also consider the possible need for
handicapped persons to pursue programs of education, SRT, or SVT in the
home. VR&C staff members will obtain the assistance of medical
specialists at VA medical facilities as needed during the evaluation and
planning process to support the determination of need and feasibility
for SRT and SVT services. Authority for these medical evaluation
services is M- 1, part 1, paragraph 17.43, priority V.

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April 12, 1990 M28-1, Part II

Change 4

Staff members will need to obtain the approval of the parent, guardian,
or legal custodian, however, before referring for medical examination an
eligible person either not of legal age or whom a court has declared to
be incompetent

\(1\) Required Use of the VRP. The CP must consult with the VRP when
determining the need for and feasibility of SRT, SVT, or special
assistance services. After consulting with the panel and considering the
panel\'s report of its findings and recommendations, the CP will
determine whether the handicapped person needs a program of SRT, SVT, or
special assistance, and whether this training, or special assistance, is
currently reasonably feasible. When an eligible child completes or
discontinues a program of SRT without having selected an objective and a
program of education or other training, the CP will provide additional
counseling and planning services to assist the child to select a
suitable objective and program. The CP should consider and use the
services of the VRP as needed in the planning of a suitable program of
training and education which is compatible with the mental or physical
limitations of the eligible person and which is tailored to his or her
needs and abilities.

\(2\) Evaluation in Special Educational or Rehabilitation Facilities.
When it is difficult to evaluate the potential of an eligible person
who, because of mental retardation, emotional problems, or other
reasons, has been unable to function in a regular school setting, the CP
may have to arrange for evaluation in special educational or
rehabilitation facilities to determine whether the handicapped dependent
will be able to undertake a program of education, training, SRT, or SVT.
As in other SRT or SVT cases, the CP will refer the case through the
VR&C Officer to the VRP for its assistance in the evaluation and
planning process (38 CFR 21.3300,21.330 1, and 21.4105).

\(3\) SRT Development. When a child has requested SRT, or when the CP
identifies the probable need for it, the CP will develop all pertinent
information through a comprehensive vocational evaluation and will then
refer the case for review by the VRP. The CP should direct
rehabilitation counseling, evaluation, and planning activities, as far
as practicable, toward the tentative selection of an educational or
vocational objective. This focus will isolate the factors which show
whether SRT is needed before the child could train for an educational or
vocational objective. The CP will prepare a memorandum for referral of
the case through the VR&C Officer to the VRP The memorandum will ask the
VRP\'s assistance in the evaluation and planning process and in the
determinations of need and current reasonable feasibility for SRT under
38 CFR 21.330 1. If the SRT plan will use more than 12 months of
entitlement, the station must forward the plan for concurrence to the
Director, Vocational Rehabilitation and Education Service (226B) prior
to implementing the plan. When it is determined that there is a
reasonable possibility that a course of SRT services can overcome or
lessen the handicapping effect of the dependent\'s disability, the CP
will develop an individualized SRT program as part of an IEEP. This IEEP
will be comparable to an IEEP developed under chapter 3 1. The CP will
develop this plan jointly with the dependent. The overall program may be
tentative in nature, but the purpose and extent of SRT must be clearly
related to the subsequent education or training contemplated in carrying
out the total educational plan. In certain situations, the total
education plan for a severely handicapped eligible person may be SRT
followed by a program of SVT.

\(4\) Limitations on Elementary and High School Programs. SRT may not be
authorized solely for the purpose of enabling the handicapped person to
enter and pursue a regular public school program at the elementary or
secondary school level

\(5\) SVT Development. VA may provide an SVT program to an eligible
handicapped person who needs this program because he or she has a
mental, emotional, or physical condition which requires specialized
training conditions/ The CP will develop the case for SVT in the same
manner as described for SRT in subparagraph (3) above, with the
exception that an IWRP will be developed for persons approved for SVT.

\(6\) Chapter 35 Special Assistance. Under certain circumstances a VRS,
or CP with VRS responsibilities, may assist a chapter35 child even if
the child does not need SRT or SVT. A child may receive this assistance
when a CP determines that the child will require it because the
handicapping effects of a physical or mental condition or personal
adjustment problems will hinder the child\'s ability to pursue a program
of education successfully. For example, a child may be pursuing a
bachelor\'s degree in English and, because of a physical disability,
needs the special assistance of AVRS to work with school officials to
make arrangements to accommodate the dependent\'s needs. Or, a child may
be pursuing an associate degree in machine trades, and because of a
mental disability resulting in inappropriate behaviors, needs the
special assistance of a VRS to arrange and coordinate needed
psychological counseling services. The CP will obtain the advice of the
VRP through the normal referral process before determining need for
special assistance. In addition, the CP may use the resources of the VRP
as needed in developing an educational plan with the child. Instructions
for determining the need for special assistance, factors for
consideration, and the duration and nature of this assistance are
contained in 38 CFR 21.4276.

c\. Documentation of SRT and SVT Programs, and Special Assistance Cases.
SRT programs are documented on VA Form 28-1902b and in an IEEP if the
child\'s program consists almost exclusively of SRT services. SVT
programs are documented on VA

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Change 4

Form 28-1902b and in an IWRP for a child\'s or spouse\'s program of
services. Special assistance cases are documented on 28-1902b and in an
IWRP For persons being considered for chapter 35, SRT, SVT, or special
assistance described in 38 CFR 21.4276, the CP will meet the evaluation
and planning documentation standards described in M28-1, Part II,
Chapter 1.08 for rehabilitation cases. A VRS, or CP with VRS
responsibilities, will provide case management assistance to eligible
persons receiving SRT, SVT, or special assistance in the same manner as
for chapter 31 and 15 disabled veterans. Required documentation of case
management assistance contacts is similar to that required for chapters
31 and 15.

d\. Regulatory Provisions. Instructions and requirements for entering
into agreements with service providers, determining the extent of
training, providing VA case management assistance during training, and
case status processing are contained in 38 CFR 21.3302 through 3307. For
directives on payment of educational assistance allowances, including
accelerated payment for program charges,see 38 CFR 21.3330 through 3333.

2.11 DOCUMENTATION OF PLANNING

a\. Purpose. The CP is required to document the planning process which
follows the initial and extended evaluations. The results of the
evaluations must support the development of the plan. Therefore, the CP
must document how planned services are logically expected to meet the
veteran\'s need for vocational or independent living rehabilitation.

b\. Required Narrative Format. In documenting the planning process on VA
Forms 28-1902b and 28-1902n, the CP must address as a minimum each of
the issues explained in subparagraphs (1) and (2) below. If the planning
process requires multiple counseling sessions, the CP will document each
session. Narratives should be typed, but may be legibly handwritten In
item 15 of VA Form 28-1902b -and on VA Form 28-1902n if needed-the CP
will enter infon-nation under two captions: \"Rehabilitation Planning\"
and \"Plan Agreement\".

\(1\) Rehabilitation Planning. Under Rehabilitation Planning, the CP
will document how the information developed in the evaluation was used
in the planning process to identify the goals and objectives for the
IWRP, IEAP, or IILP. The CP must present a reasoned explanation of how
he or she expects the planned services and assistance to meet the need
for rehabilitation to the maximum extent feasible(38USC 1500). The CP
will discuss the reasons for the selection of specific service providers
and establish a timetable or at least a sequence for the delivery of the
integrated program of planned services and assistance. The CP must
determine and document calendar year program costs and obtain any needed
program cost approvals. Finally, the CP will briefly comment on the
veteran\'s interaction with VR&C staff members in the planning process.

\(2\) Plan Agreement. Under Plan Agreement, the CP will state the agreed
goal of planned services and special considerations which the case
manager should keep in mind. The CP will state the number of months of
entitlement available and the ETD. The CP will either certify that the
veteran can achieve the planned goal within the eligibility period and
entitlement available, explain any approved extensions of eligibility
and entitlement (38 CFR 21.78(b) and (c)), or explain arrangements made
under 38 CFR 21.82(b) for the veteran to complete the program using
non-VA resources.

2.12 CLOSURE STATEMENT

The case manager will prepare a closure statement when placing a veteran
into Rehabilitated or Discontinued case status. The basis for closing
out the planned program and placing the veteran in the new case status
will be clearly and concisely stated. The case manager will prepare this
statement on VA Form 28-1905d-which stations may not overprint for this
purpose-using the following report format. The case manager must address
all the information requirements discussed in subparagraphs a and b
below, noting any which do not apply or for which the case manager
cannot obtain the information:

a\. Rehabilitated. State the veteran\'s last case status and explain the
rationale for the change to Rehabilitated case status. Forexample, a
statement might read: \"Under 38 CFR 21.196(b)(1), the veteran\'s case
was moved from Employment Services case status to Rehabilitated status
after 90 days of suitable employment in the planned program goal.\"

\(1\) Vocational Rehabilitation Programs. For veterans who have reached
a vocationally oriented rehabilitation goal, state the veteran\'s job
title and describe the duties of the job. Then analyze the job\'s
suitability in terms of the veteran\'s aptitudes, interests, and
abilities. Discuss the relationship of the veteran\'s employment to the
chapter 31 services and assistance the veteran received. State the
veteran\'s pay and fringe benefits as indicated by the employer. State
the name and address of the employer. If self-employed, state the
veteran\'s business address. Document any difficulties the veteran may
be expected to have with the employment. For example, since the

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law\'s purpose is in part to enable veterans, to the maximum extent
feasible, to become employable and to obtain and maintain suitable
employment, there may be situations which were, or were not, anticipated
in the planning process or during the delivery of services, where
\"suitable employment\" is not \"ideal employment\" and the veteran may
experience some degree of difficulty in the employment goal
Finally,establish the veteran\'s permanence in the job or, if the job is
temporary, explain how the temporary job is suitable for the declaration
of rehabilitation; for example,the veteran prefers temporary placements
through an agency specializing in these placements or a government
agency had only temporary positions at the time the veteran was seeking
employment. For temporary placements and for self-employment, the case
manager may not declare the veteran rehabilitated for at least I year.
This prolonged followup will assure that the pattern of employment
should continue on a stable basis. Document that the veteran understands
he or she may reapply for chapter 31 employment assistance following
termination of the temporary job,

\(2\) Independent Living Programs. Discuss how the services delivered
have helped the veteran to achieve maximum independence in daily living,
or to reach the point where either further extended evaluation is
indicated to resolve questions of feasibility which have arisen during
the independent living program, or vocational rehabilitation is now
demonstrated to be feasible. Detail the specific achievements and
describe how long the veteran\'s improved situation should last, For
example, over time a progressively debilitating condition may overcome
some of the gains the veteran has made in a particular area of daily
living activities.

b\. Discontinued. State the veteran\'s previous case status and explain
the rationale for the change to Discontinued case status. Describe the
efforts to motivate the veteran to continue to receive the planned
services. State what is known about the veteran\'s circumstances at the
time of discontinuance or at the time of last contact: Is the veteran
employed\" If he or she is employed, where is the employment? Describe
the duties of employment and the suitability of the employment to the
veteran\'s disabilities, aptitudes, interests, and abilities. How much
does the veteran earn? How does this income compare with the average
earnings of a person working in the planned vocational goal? Establish
the MRG (maximum rehabilitation gain) category. Have the veteran\'s
disabilities improved, worsened, or remained unchanged? In addition,
include any other available information pertinent to the veteran\'s
situation and possible motivation to return to the vocational
rehabilitation program.

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