From: jewell@mace.cc.purdue.edu (Larry Jewell)
Newsgroups: soc.veterans
Subject: 'NamVet Newsletter, Vol.5, no.12, (6/7)
Date: 15 Aug 92 23:48:01 GMT
















     NAM VET Newsletter                                         Page 77
     Volume  5, Number 12                            December 17, 1991

     [Note  from Joe:  Joyce went to a LOT of work to get the O.K.  for 
     this article's reproduction in NamVet.  Immediately preceding each 
     segment of the article (it is in three parts), her request and the 
     answer to her request are printed.]
     
                                                   August 23,1991
     
     To Who It May Concern;
     
       I am trying to locate Mr. Marc Leepson. I was recently sent a 
     copy of his article called "Viet Cons" and I would like to 
     reprint it, with proper credit, into a monthly Vietnam Veterans 
     newsletter. I would like Mr. Leepson's permission, the magazine 
     name, and date that it was published. The managing editor of the 
     newsletter requires this information before reprinting anyone's 
     work. 
       I am the section editor for the Vietnam Veterans, Incarcerated 
     section of the newsletter. I found Mr. Leepson's article 
     informative and would like to pass this on to other Vietnam 
     veterans. I, also, have contact with Vietnam veteran inmates in 
     fifteen states across the country. I would like to pass this 
     article on to them.
       It was stated at the end of the article that Mr. Leepson was a 
     columnist and book editor for "Veterans" magazine and your's was 
     the closest address I could find to locate him.
       If I have contacted the wrong person or place, thank you for 
     your time. If there is any way you may be able to help me contact 
     Mr. Leepson, I would appreciate the information.  Thank you, in 
     advance, for any time and trouble taken on my behalf.
     
                                                     Yours truly;
     
                                                     Mrs. Joyce Flory
                                                      XXXX XXXXXX XXX
                                           Las Cruces, N.M.     88001
                                                       (505)-XXX-XXXX
     
     On Sept. 16th I received the following handwritten reply from Mr. 
     Leepson:
     
      "9-12-91
     
      TO Joyce Flory,
     
     My  article on Vietnam veterans in jail appeared in the July  1988 
     issue of Gallery magazine.
     
     You  have my permission to reprint it in your  newsletter.  Please 
     send  me  a copy.  And please identify me as:  ARB Editor of  "The 
     Veteran," The Monthly Newspaper Published By Vietnam Veterans of 
     America.
     
         Thank you,
         Marc Leepson"
     




     NAM VET Newsletter                                         Page 78
     Volume  5, Number 12                            December 17, 1991

                                 VIET CONS
             "Why American Vets have gone from jungle to jail"
                        By Marc Leepson, ARB Editor
                         The VVA Veteran Magazine 
                           Input by Joyce Flory
               NamVet's Incarcerated Veterans Section Editor
                    Desert Dolphin BBS - Las Cruces, NM
                              (505) 523-2811
     
     [Note  from  Joyce:  The  following piece was sent to me  by  Mike 
     Harris. In order to have the article included in the newsletter,
     This is part 3 of three parts - Prison Programs and the VA]
     
                        Prison Programs And The VA
     
       Larry  Fine  was lucky.  He received professional help  for  his 
     PTSD,  and  did  not have to got to prison.  Most Vietnam vets  in 
     prison today face a completely different life.  "It's a horrendous 
     situation  in  prison,   period,"   Wayne  Smith  says.   "They're 
     overcrowded. Various departments of correction are not budgeted to 
     provide  rehabilitation in any true sense of the term.  We like to 
     think  that those who served their country ought not to have their 
     benefits  or  entitlements terminated because they broke the  law. 
     Certainly  they  should  pay the penalty that  anyone  should  for 
     breaking  the law.  But where there are extenuating or  mitigating 
     circumstances,  we feel rather strongly that they should have some 
     attention paid to it."
       As  Smith  suggests,  the government agency that is supposed  to 
     help veterans, the VA, has had -  to put it mildly -  a less-than-
     sterling  record  regarding its work with  incarcerated  veterans. 
     Incarcerated  vets  "feel  the VA has cheated them  out  of  their 
     benefits,"  says Emanuel Heard,  a Vietnam vet and former prisoner 
     who  now  is  a counselor at the VA-run storefront Vet  Center  in 
     Springfield,  Virginia.  "They  feel  that when they went to  war, 
     there  was no contract [stating]  that if they got in trouble they 
     wouldn't  be able to get their benefits.  They also feel that with 
     the  little  amount of health and psychological care they  receive 
     from  the prison administrations,  that the VA should be  somewhat 
     receptive to providing care to them."
       As  far as disability compensation is concerned,  vets in prison 
     may  only  receive  a maximum of ten percent,  even  if  they  are 
     totally disabled.  Families of incarcerated vets who are more than 
     ten-percent disabled can apply to the VA to receive the balance of 
     the disability, but the VA apportions those funds only if it deems 
     the family in need of the money. Vets serving felony sentences are 
     not  eligible for full VA educational benefits,  but in some cases 
     the  VA  will pay for books,  equipment,  fees,  and  tuition  for 
     veterans enrolled in approved courses.
       The  biggest VA-related problem facing incarcerated vets is  the 
     access   to  treatment  at  VA  facilities.   "Veterans  who   are 
     incarcerated  virtually  are not able to gain access to  treatment 
     for  things  such as PTSD counseling or treatment for exposure  to 
     Agent  Orange,"  Wayne Smith says.  In some prisons,  inmates  are 
     permitted visits to Vet Centers or VA hospitals,  but only if they 
     pay  a  prison  guard  to escort  them.  "We've  had  cases  where 
     incarcerated  veterans  have  paid one hundred and  fifty  dollars 
     [per]  day  to have a guard escort them to a VA hospital for Agent 
     Orange  screening or for PTSD evaluation,"  Smith says.  "We would 
     like to see that changed and have the VA [begin] outreach programs 
     
     NAM VET Newsletter                                         Page 79
     Volume  5, Number 12                            December 17, 1991

     to  inform veterans of what their entitlements might or might  not 
     be."
       Smith  and others involved in the issue believe the main  reason 
     so many formerly incarcerated vets wind up back behind bars is the 
     VA's  failure to help.  "We do not think that Vietnam veterans who 
     are in prison are in any way going to be better off after they get 
     out  of the institutions if they're denied access to various kinds 
     of   treatments  [or  to]   general  educational  and   vocational 
     benefits," Smith says.
       With  the  VA  showing  little inclination to  work  inside  the 
     prisons,  Vietnam  veterans in and out of institutions across  the 
     country have developed a variety of programs -  from psychological 
     counseling  to employment training and placement -  that have been 
     accepted  by  prison authorities and,  in some cases,  by the  VA. 
     There  is  an unprecedented array of programs available -  not  in 
     every  prison system,  but in many -  to help vets in a number  of 
     ways.
       There  is,  for  example,  the 20-week  substance-abuse  program 
     developed by Chris Davis and the other Vietnam vets at Moberly now 
     used throughout the Missouri penal system,  both for vets and non-
     vets.   There  is  the  readjustment-counseling  outreach  program 
     developed  by  Emanuel  Heard  while  he was  a  prisoner  at  the 
     Washington  D.C.,  Department  of Corrections facility at  Lorton, 
     Virginia.  Of the more than 70 formerly incarcerated vets who have 
     gone through Heard's program -  which includes help with discharge 
     upgrading,  and  employment training and assistance -  since 1981, 
     not one man has returned to prison.
       There  is  also  a  pioneering  program  designed  to  get  PTSD 
     rehabilitative therapy to incarcerated vets in Colorado's prisons, 
     developed  in  1982  chiefly  by  Clifford  Knesel,  the  Colorado 
     coordinator for VVA, and by Chuck Burrows, the former president of 
     VVA's  Chapter  57 and currently the coordinator of  the  Disabled 
     American  Veterans  (DVA)   Outreach  Center  in  Grand  Junction, 
     Colorado.  That  program  helps get DVA outreach  counselors  into 
     Colorado's  prisons  to interview vets who may have problems  with 
     PTSD.  Once  it  is determined that the incarcerated vet has  PTSD 
     problems,  the counselor acts as an advocate with the VA on behalf 
     of the prisoner.
       Acting  as a liaison between the VA and the Colorado  Department 
     of Corrections,  the outreach counselor sets up the time frame for 
     the  vet's treatment,  contracts to have the vet supervised  while 
     he's under VA care,  and helps determine wether the vet should get 
     help on an inpatient or outpatient basis. The counselor ultimately 
     is  responsible for helping the vet get follow-up  treatment,  and 
     even  to help plan for his parole.  "We have found that acting  as 
     liaison   between   Corrections   and  the  VA   often   shortcuts 
     bureaucratic  holdups and significantly increases the  possibility 
     of the veteran receiving services," Burrows says.
       There  is the 1987 class-action lawsuit filed in Pennsylvania by 
     a  group  of Vietnam vets at the State Correction  Institution  in 
     Graterford,   claiming   that   the  Pennsylvania  Department   of 
     Corrections  was  denying  them access to treatment for  PTSD  and 
     access  to Agent Orange-related information.  Before judgement was 
     rendered   by  a  Federal  District  Court,   the  Department   of 
     Corrections  agreed to allow outreach counselors from Vet  Centers 
     to  come  into  the  Graterford  facility  to  work  with  Vietnam 
     veterans. "That was a clear victory," says Smith,  "in that the VA 
     set up a training protocol and the veterans were recognized by the 
     institution as [being]  in legitimate need of treatment or special 
     
     NAM VET Newsletter                                         Page 80
     Volume  5, Number 12                            December 17, 1991

     attention to their problems."
       Victories  such  as the one at Graterford have come very  slowly 
     and  have faced tough opposition from many prison systems and  the 
     VA. But there has been progress. The simple fact that someone such 
     as Emanuel Heard - the former 25th Infantry soldier who served six 
     years  in three prisons for a series of burglaries and robberies - 
     is  now  working for the VA as a strong advocate for  incarcerated 
     vets is one positive sign.
       As Heard puts it: " I feel that the VA, by giving me my shot, is 
     giving not only me hope, but hope also to guys in the institutions 
     who see me when I go out to Lorton. They look at me as a four-time 
     loser,  and  now  I've  come  back to society  and  I've  made  my 
     readjustment  and I've been home five years now without going back 
     to any trouble with the law.  They see that I have support systems 
     throughout  the community and [that]  the work force did not  turn 
     its back on me."
       As  long  as  there are success stories such as  Emanuel  Heard, 
     there is hope for incarcerated Vietnam vets.
     
      Marc Leepson,  who served in Vietnam with the U.S.  Army in 1967-
     68, is a freelance writer in Woodbridge, VA.   He is columnist and 
     book  editor  for  The Veteran magazine,  which  is  published  by 
     Vietnam Veterans of America in Washington, D.C." 
     



































     NAM VET Newsletter                                         Page 81
     Volume  5, Number 12                            December 17, 1991

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     NAM VET Newsletter                                         Page 82
     Volume  5, Number 12                            December 17, 1991

                           FROM FELON TO FREEDOM
                              A Guidebook for
                           Incarcerated Veterans
                           Input by Joyce Flory
               NamVet's Incarcerated Veteran Section Editor
                    Desert Dolphin BBS - Las Cruces, NM
                              (505) 283-2811
     
                     Vietnam Veterans of America, Inc.
                             1224 M Street NW
                         Washington, DC 20005-5183
                              (202) 628-2700
     
     
                        **--    Dedication    --**
     
     This  self-help manual has been designed to alleviate most of  the 
     burdens  found  during  the process of reintegration  by  veterans 
     recently released from the prison system. It is dedicated to:
     
          The   over  59,000  veterans  who  made  the  ultimate 
        sacrifice   for   their   country   during   active-duty 
        participation in Southeast Asia during the Vietnam War.
          The  undetermined number of Vietnam veterans who  lost 
        their  lives  as a result of suicide,  who  never  found 
        "peace"  in  dealing with the trauma experienced  during 
        their military careers, or who never received the joy of 
        a simple "Welcome Home."
          The  undetermined  number  of veterans who  have  lost 
        their  lives as the direct result of herbicide  exposure 
        while serving their country, and their survivors.
          The veterans across our nation who, to this day, still 
        suffer  from  Post-traumatic Stress Disorder  and  other 
        related  mental-health  problems  resulting  from  their 
        wartime experience.
          The  undetermined number of veterans now burdened with 
        chemical dependency or substance abuse problems.
          The   over  403,000  Vietnam-era  veterans   presently 
        incarcerated  inside the U.S.  criminal justice  systems 
        who deserve the opportunity to become productive members 
        of the society for which they once fought.
     
        Each  program  in this manual is designed to  provide  a 
        viable   step   towards  developing  each   individual's 
        "bridge" in making the transition from felon to freedom.
     
                           Arthur John Woods
                            Handbook Author
          Member, Special Committee on Incarcerated Veterans
                   Vietnam Veterans of America, Inc.
     
                                 Foreword
     
     This handbook is to be used primarily as a parole preparation/pre-
     release  planning guide for the veteran ex-offender who is 90 days 
     or  less  away  from his or her release from a  federal  or  state 
     prison system. 
     
     It  is important for each individual who intends to take advantage 
     
     NAM VET Newsletter                                         Page 83
     Volume  5, Number 12                            December 17, 1991

     of  these  opportunities and benefits to understand that they  may 
     not be abused.  It is a direct violation of the law for any person 
     or  entity to falsify any statements or applications when applying 
     for  federal or state assistance or rehabilitation services.  Each 
     individual  should  review  all of these  programs  thoroughly  to 
     understand the opportunities available, then use these programs to 
     develop a release plan. 
     
     When  these  plans are used properly,  the alternatives  available 
     will  help  minimize  some of the outside pressures  you  will  be 
     confronted   with:   social   acceptance,   economics,   and   re-
     establishment  as a productive member of society.  This program is 
     geared towards changing national statistics, which have shown that 
     80  percent of those released from prisons who return to crime  do 
     so within the first 90 days of their release. Recidivism rates are 
     generally  in the neighborhood of 65 percent to 67 percent of  all 
     ex-felons actually returning to prison within their lifetime. This 
     appallingly  high  rate of recidivism is unacceptable.  This  high 
     recidivism  rate is a symbol of the failure of our penal system to 
     provide  viable alternatives for the majority of ex-offenders upon 
     their return to the mainstream of society. 
     
     VVA's   Special   Committee   on  Incarcerated  Veterans   is   an 
     investigative committee with channels of communication to federal, 
     state,  and  congressional agencies with programs and  information 
     pertaining  to,  or of benefit for,  Vietnam Veteran ex-offenders. 
     Upon  release,  individuals participating in these programs should 
     maintain  contact  with VVA's incarcerated veterans committee  and 
     inform  us of any difficulties or problems involved in using  this 
     handbook.  Without  proper  follow-up  on  its  use,  it  will  be 
     impossible  to  ascertain  its effectiveness,  and  thus  keep  it 
     updated.  By keeping us informed,  you enable us to better prepare 
     the veteran ex-offender who "hits the streets" behind you, thereby 
     helping others to lead a productive crime-free life. 
     
     This  booklet is intended to be used as a tool by the  ex-offender 
     who wishes to find a new and better way of life.  The alternatives 
     to  a  life of crime are available for the individual who has  the 
     incentive to go out and seek them. Be aware that laws do vary from 
     state to state.  Therefore,  the suggested general guidance should 
     be checked against each individual's state laws and regulations. 
     
                                 Section I
     
     ELIGIBILITY FOR VA BENEFITS DURING INCARCERATION
       Incarcerated  veterans and incarcerated dependents may apply for 
     the    same   compensation,    DIC   (dependency   and   indemnity 
     compensation),  and  pension  benefits  as veterans  who  are  not 
     incarcerated.  Congress  has,  however,   greatly  restricted  the 
     amounts  and manner in which these benefits may be paid while  the 
     eligible veteran or dependent is incarcerated.  These benefits are 
     institutionalized  as part of law:  (38 U.S.C.  S  3113(a)(1),  38 
     C.F.R. S 3.665(a), (d), which reads as follows: 
     
        "If":  A veteran is incarcerated as the result of a "Felony" 
        conviction  as  defined by law:  "Any offense punishable  by 
        death or imprisonment for a term exceeding one year,  unless 
        specifically  categorized as a misdemeanor under the law  of 
        the prosecuting jurisdiction," 
     
     NAM VET Newsletter                                         Page 84
     Volume  5, Number 12                            December 17, 1991

     
        "Then":  The  amount  paid to an incarcerated veteran for  a 
        service-connected  disability is generally limited by law to 
        the  ten  percent  disability rate,  or half a  ten  percent 
        rating if the total disability rating is established at only 
        ten  percent.  (If the veteran is rated before incarceration 
        as  twenty percent disabled or higher,  he will receive only 
        the  amount  payable  to a ten  percent  disabled  veteran.) 
        Incarcerated DIC recipients will receive one-half the amount 
        paid  to a veteran receiving compensation payments for a ten 
        percent-rated disability. 
          
     APPORTIONMENT
       Although  legally  the  incarcerated veteran  can  only  receive 
     apportion  of  the  full  amount payable  for  his/her  disability 
     rating,  the  remaining  balance  may  be  "apportioned"   to  the 
     individual's dependent family. VA regulations clearly specify this 
     apportionable  amount  will only go to family members if they  can 
     show  financial need for such amount.  This applies to the spouse, 
     child(ren),  or  dependent  parent(s)  who  are  involved  in  the 
     application.   Factors   considered   in   deciding   wether   any 
     apportionment is appropriate, the amount of the apportionment, and 
     to whom it will go, include: 
       -the family member's income and living expenses;
       -the amount of compensation available to be apportioned;
       -the needs and living expenses of other family members; and
       -special needs of any of the family members.
     
     For example:  an incarcerated veteran rated as 80 percent disabled 
     can  only  receive the amount he/she would get if he/she were  ten 
     percent disabled. His/her family can be apportioned the balance of 
     the  80  percent amount,  or up to 70 percent.  (DIC may  also  be 
     apportioned with similar restrictions.)
     
     There  is a 60-day "grace period"  following conviction where  the 
     veteran, or DIC recipient, may still receive full benefits. If the 
     veteran continues to receive benefits after the 60-day period,  it 
     will  result  in an "overpayment."  The VA considers it to be  the 
     recipient's  responsibility  and fault if this occurs because  the 
     recipient  failed  to  notify  the VA  of  his/her  incarceration. 
     Attempts to obtain a waiver in these situations of overpayment are 
     often unsuccessful,  and as a general rule the veteran loses most, 
     if  not  all,  financial  benefits until such time as  the  entire 
     overpayment  is recovered by the VA.  It has also been a  standard 
     procedure  that  the  family will not be entitled  to  receive  an 
     apportionment until the debt is completely recovered. 
     
     For  more information concerning potential new waiver rules  which 
     may  effect  the  incarcerated veteran (against  equity  and  good 
     faith),  contact  either your local VVA service representative  or 
     the National Veterans Legal Services Project,Inc. (NVLSP).
     
     It  is important that each disabled veteran receiving compensation 
     or  DIC payments promptly notify the VA in writing at the time  of 
     the  commencement of his/her incarceration,  as well as the end of 
     the commitment, of any need for family member apportionment(s)  in 
     order  to avoid losing benefit payments.  Regular benefit payments 
     should  begin  upon release,  providing the VA is notified by  the 
     veteran of the release,  which includes community treatment center 
     
     NAM VET Newsletter                                         Page 85
     Volume  5, Number 12                            December 17, 1991

     or halfway house placement in the community.
     
     There  is one other relevant restriction on incarcerated  veterans 
     eligible for service-connected disability compensation:  "No total 
     disability rating, based on unemployability, may be assigned to an 
     incarcerated veteran."
     
     For  more  information  on  this  subject,  or  if  you  have  any 
     questions, contact your local VVA service representative.
     
     It  is important to remember that "most"  VA decisions,  including 
     those  on apportionment,  can be appealed to the Board of Veterans 
     Appeals and, if need be, to the Court of Veterans Appeals.
     
                                Section II
     
                              STATE PROGRAMS
     TARGETED JOB TAX CREDIT (TJTC) PROGRAM
       TJTC  is  a  tax credit for employers who hire  individuals  who 
     normally  have trouble finding jobs.  Vietnam-era veterans and ex-
     offenders  are  two  of the  targeted  groups.  In  essence,  TJTC 
     presents  an  incentive  for employers to hire  any  disadvantaged 
     minority.
     
     To  apply,  take a copy of your DD214 or discharge certificate and 
     your   prison  release  papers  to  your  local  state  employment 
     commission.  Ask  for the local veteran employment  representative 
     (LVER), who will assist you with your application. 
     
     If  you  have an employment opportunity immediately upon  release, 
     you might still consider applying for a TJTC voucher.  You will be 
     qualified  because you have not earned what is determined to be an 
     adequate  amount  of  income during the  previous  six-month  time 
     period.  If the job you have after your release is not appropriate 
     for  your skills or does not meet your financial needs,  you  will 
     have another option available to you.
     
     JOB TRAINING PARTNERSHIP ACT (JTPA)
       JTPA  is also targeted toward Vietnam-era and ex-felon  veterans 
     as  individuals  eligible for federally funded  training  programs 
     under  Title IV C.  The availability of training programs may vary 
     from  time to time in any given community,  depending upon funding 
     made available through the local private industry councils (PICS).
     
     Programs  sponsored  under  JTPA are targeted  towards  employment 
     training, placement, and follow-up.
     
     To  find  the JTPA programs in your area of release,  contact  the 
     local  employment  office  or look in the telephone book  for  the 
     private  industry council in your area and ask for a  listing.  In 
     most  cases,  the  JTPA programs funded by city or county  private 
     industry  councils are maintained by the city or state offices  or 
     departments of Health and Human Services/Resources,  so you should 
     also   contact  these  agencies  about  local  JTPA  programs  and 
     providers. 
     
     BONDING
     Ex-offenders  may be bondable through the Health,  Education,  and 
     Welfare departments in each state, normally up to a standard limit 
     
     NAM VET Newsletter                                         Page 86
     Volume  5, Number 12                            December 17, 1991

     of $10,000.
     
     If  you are applying for an employment opportunity which  requires 
     that you be bonded, explain to the job interviewer that if you are 
     hired, your parole or probation officer will assist with obtaining 
     your bond.
     
     After  you  secure the job,  not before,  notify  your  individual 
     parole or probation officer of your needed assistance in obtaining 
     a bond for employment purposes.
     
     LICENSES
     As  a convicted felon,  your rights may have been restored  -  the 
     degree  of restoration varies from state to state -  to the extent 
     that  you're able to obtain a license necessary to start your  own 
     business.  To  acquire a license,  such as a liquor,  real estate, 
     contractor,  or  insurance  broker license,  you must be  able  to 
     submit documented evidence with your application to the city clerk 
     that you were not convicted of a crime which related in any way to 
     the license for which you are currently applying.
     
     For example: a licensed realtor commits land fraud and is arrested 
     and convicted for the crime. The individual will probably never be 
     able  to obtain another real estate license.  However,  as an  ex-
     offender,  the  person  can apply for a contractor,  an  insurance 
     broker,  or  even  a liquor license in order to open  his/her  own 
     independent business after release.  (be sure to check the laws in 
     the  state where you are applying for the license because the laws 
     vary from state to state.)
     
     FOOD STAMP PROGRAMS
     The food stamp program is available to the ex-offender through the 
     local Human Resources or Welfare Department in all major cities. A 
     person  who  is  unemployed with no income,  or,  in  some  cases, 
     employed  with little income,  will normally qualify for $85.00 to 
     $100.00 worth of food stamp assistance,  depending on the economic 
     community determination.
     
     Individuals  may be reluctant to apply for the food stamp  program 
     because  they  view it as  "degrading."  However,  the  difference 
     between  successful reintegration and recidivism might be found in 
     obtaining  this assistance for the short period of time it may  be 
     necessary immediately after release.
     
     To apply for this program,  simply contact the local Department of 
     Human Services or the Welfare Department and obtain an application 
     before scheduling your appointment.
     
     VOCATIONAL REHABILITATION
     Each state has a department known as the vocational rehabilitation 
     division, of which the state agency may vary: State Rehabilitation 
     Commission;  Department of Human Resources;  Department of Health, 
     and  so  on.   Vocationalrehabilitation  is  a  U.S.   government-
     subsidized  assistance  program managed by a state  agency  within 
     every community.  This department is dedicated to helping disabled 
     and handicapped individuals secure and maintain jobs.
     
     Some of the major disability groups served are:
       -orthopedic deformities (including amputations);
     
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       -mental  health  (including  alcoholism,  drug  addiction,   and 
        character disorders);
       -internal medical conditions (including epilepsy);
       -mental retardation; and
       -deaf   and   hearing-impaired  speech   and   language/learning 
        disabilities.
     
     SERVICES
     Many  services are available to eligible clients and are  provided 
     based on individual need. Some of these services are:
       -medical, psychological,  and vocational evaluation to determine 
        the   nature  and  degree  of  disability,   job  skills,   and  
        capabilities;
       -counseling  and guidance to help the client and his/her  family 
        plan  proper  vocational goals and adjustments to  the  working 
        world;
       -interpreter services for the deaf;
       -medical  treatment,  including  hospitalization,  surgery,  and 
        therapy to lessen or remove the disability;
       -assisting   devices,   such   as  artificial   limbs,   braces, 
        wheelchairs, and hearing aids to stabilize or improve functions 
        on the job and at home;
       -training   in  trade  school,   business  school,   college  or 
        university, rehabilitation center, on the job, or in the home;
       -selective  job placement compatible with the person's  physical 
        and mental ability; and
       -follow-up after placement to ensure job success.
     
     The  vocational rehabilitation counselor works with each client to 
     determine the client's needs,  develop a vocational rehabilitation 
     plan,  and follow up on the client's success.  The counselor works 
     closely  with  doctors,  employers,  other  agencies,   and  every 
     resource available to carry out this job. 
     
     You  should  contact the state vocational  rehabilitation  program 
     immediately  after  your release from prison if you want to  apply 
     for  any  of  these  services.   The  address  of  the  vocational 
     rehabilitation  services  in  your  area should be  in  the  local 
     telephone book.
     
     Vocational rehabilitation counselors have reported inmates in both 
     state   and  federal  prison  systems  obtaining  information  and 
     literature   suggesting  vocational  rehabilitation  programs  are 
     required to provide ex-offenders with extraordinary services  upon 
     their  release  from  a  prison system.  Some  of  these  reported 
     standard suggestions are: a $1900 grant for transportation; a $400 
     grant  for dress clothes;  a $300 grant for work clothes;  a  $400 
     grant for tool purchases; and a counselor to "co-sign" at the bank 
     of  the ex-offender's choice for a loan to financially reestablish 
     oneself.  This information is not true.  Harsh demands made by ex-
     felons  are  based on false information.  Each  individual  should 
     objectively  discredit  false literature and seek facts  from  the 
     agency   in  his/her  geographical  location  about  the  services 
     provided.
     
                                Section III
                               YOUR RELEASE
     
     THE DEPARTMENT OF VETERANS AFFAIRS
     
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     The  first  rule  in preparing for release  from  the  institution 
     regarding  any  potential claim before the Department of  Veterans 
     Affairs  (VA)  is for each individual to seek professional counsel 
     from  the  VVA  service representative (SR)  in your  location  of 
     release.  If  VVA does not maintain an SR in your area of release, 
     contact   one  of  the  other  traditional  service  organizations 
     (AMVETS, VFW, MOPH, DAV, AL,  your state veterans commission)  for 
     assistance and information. 
     
     In preparation for your release from the prison system, you should 
     write  the  nearest VVA chapter incarcerated veterans  liaison  at 
     least  120 days prior to your projected release date if you had  a 
     pre-existing  VA  disability claim or if you would like to file  a 
     claim  for  treatment and/or disability compensation.  You  should 
     request the following forms:
       * Form SF-180;
       * VA Form 10-10;
       * VA Form 10-10 (F);
       * VA Form 21-526;
       * VA Form 21-4138;
       * VA Form 21-4142;
       * VA Form 28-1900; and
       * VA Form 70-3288.
     
     FORM SF-180 - MILITARY AND MEDICAL RECORDS
       Form  SF-180  is  used  to obtain copies of  your  military  and 
     medical  records.  It  is a simple one-page  form,  with  adequate 
     instructions found on the back side of the application.
       Under "Section II-Request," each veteran should request complete 
     military  and medical records as a standard rule.  When requesting 
     medical  records,  try  to be as specific as possible with  dates, 
     facilities, and country locations.
     
     VA FORM 10-10 - APPLICATION FOR MEDICAL BENEFITS
       The  10-10  is used by the VA to determine your eligibility  for 
     medical benefits.  It should be filled out and "hand-delivered"  - 
     by  the veteran to the VA medical facility where he/she will  seek 
     medical  evaluation  for treatment.  Although this form is not  an 
     absolute  necessity,  it  has been found to save hours during  the 
     initial intake processing.
     
     VA FORM 10-10 (F)    FINANCIAL STATEMENT
       VA  Form 10-10 (F)  is a financial statement report which should 
     be  attached to Form 10-10 when seeking VA treatment or assistance 
     after release.
     
     Va FORM 21-526   APPLICATION FOR COMPENSATION OR PENSION
       Usually  there will be no compensation or pension granted unless 
     a  21-526 is fully completed.  If you have a "permanent and  total 
     disability"  ~  which  is  non-service connected,  then you  as  a 
     "wartime" service veteran, may apply for a VA pension claim. It is 
     almost  always  best to apply for both compensation  and  pension. 
     Complete this form in its entirety. If you need help, refer to the 
     two page instructions attached to the form.
       This form, along with your DD214 and several, if not all, of the 
     following  forms,  should  be mailed directly to the  VA  regional 
     office  nearest your release destination 30 to 45 days before your 
     actual  release.  The  date your benefits begin to  be  calculated 
     starts from when your claim is received by the VA.
     
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     VA FORM 21-4138   STATEMENT IN SUPPORT OF CLAIM
       The  21-4138  is designed to express your reasoning as  to  your 
     entitlement for benefits for your disability or disorder.  In your 
     own wording and in as much detail as you can apply,  describe your 
     injury  and  how it directly effects your present everyday way  of 
     life  (for example:  "I received multiple shrapnel wounds while in 
     combat  on  February  16,1968,  at Dong  Ha,  South  Vietnam,  and 
     remained  burdened with a severe limp for 19 years.  Presently,  I 
     have  a  hip and back problem which I believe has been  caused  or 
     aggravated by,  my limping problem,  which resulted from my combat 
     wounds").
       If  your  claim  is for  PTSD,  describe  "stressors"  -  combat 
     episodes  or  the detailed conflict situations which  continue  to 
     burden you emotionally.  Describe your current problems in dealing 
     with these issues (nightmares,  flashbacks,  depression,  survival 
     guilt, anxiety, rage or anger,  avoidance of feelings,  alienation 
     or  feeling  isolated from others,  etc.).  Also describe how  you 
     believe  PTSD may have affected your lifestyle or behavior pattern 
     since  Vietnam.   Be  as  comprehensive  in  your  explanation  as 
     possible. 
       Be sure to also included a listing of any and all non-VA medical 
     facilities  or  physicians  you  have been  treated  by  for  your 
     disability  or disorder.  Briefly describe the related details  of 
     your  treatment.  Be  as  comprehensive  in  your  explanation  as 
     possible.
       If  you feel you have more than one legitimate disability claim, 
     list them as "Claim #1, Claim #2," etc., on your 21-4138.
       Conclude the form with the statement: "I request that the VA, in 
     addition  to  the information included on my statement  of  claim, 
     develop  all facts pertinent to this claim and any other  service-
     connected  medical problem that I might have.  I also request that 
     the  VA presume to resolve any reasonable doubt involving my claim 
     of disability in my favor."
       Mail  this  form with VA Form 21-526 30 to 45 days  before  your 
     release to the VA regional office in your community. It is best to 
     have  the assistance of an experienced representative to help  you 
     complete  the  claim.  Be sure you do not use  your  institution's 
     return address -  it has been found that most will not forward the 
     VA's  response  to  you in an appropriate amount of  time.  Use  a 
     return address where mail will get to you as soon as possible.
       Note:  Many  veterans lost their disability compensation  claims 
     during  incarceration  because  of their inability to  attend  re-
     evaluations  ordered by the VA.  In these individual cases,  begin 
     your  21-4138  with the following sentence:  "I am  re-opening  my 
     claim,  which was terminated as a result of my unavoidable failure 
     to  attend  a re-evaluation or physical examination.  I request  a 
     full  reinstatement of all my benefits and suggest that I will  be 
     readily  available to attend any necessary examination after [date 
     of  projected release].  I also request retroactive payment of all 
     benefits if I am found to be still disabled." 
     
     VA FORM 21-4142   AUTHORIZATION FOR RELEASE OF INFORMATION
       This  form  is  used  for non-VA  hospitals  or  physicians  and 
     includes  any records of treatment by the prison medical facility. 
     If  you  have  ever received medical or mental  health  care  from 
     anyone other than in a governmental agency and feel it may pertain 
     to  your  claim,  you  need  to fill out this  half-page  form  (a 
     separate  form needs to be filled out for each individual facility 
     
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     Volume  5, Number 12                            December 17, 1991

     or  physician)  and  include it/them with your package to  the  VA 
     regional office. The VA will handle all further processing.
       Many  private  medical facilities may require their own  release 
     form  to be used as authority for the release of  information.  It 
     may be necessary for the veteran to write the facility in order to 
     obtain copies of private records.
     
     VA FORM 28-1900   APPLICATION  FOR VOCATIONAL REHABILITATION   FOR 
                       DISABLED VETERANS
       The vocational rehabilitation program is designed to provide all 
     services   and  assistance  necessary  to  enable  veterans   with 
     "service-connected"  disabilities  to achieve maximum independence 
     in  daily living and,  to the maximum extent feasible,  to  become 
     employable and to obtain and maintain employment. You are entitled 
     to  vocational  rehabilitation  if you meet  the  following  three 
     conditions:
       1. You   were   discharged   from  service  under   other   than 
          "dishonorable   conditions."   (Undesirable  discharges   are 
          usually considered under "dishonorable conditions.")
       2. You  have a "service-connected"  disability which arose on or 
          after September 16,1940, and for which you are receiving,  or 
          could elect to receive, VA compensation.
       3. The  VA  determines  you  need  rehabilitation  services  and 
          assistance  to overcome an employment handicap or to  improve 
          your  capacity  for  independent living in  your  family  and 
          community.
       This  program can present an outstanding opportunity to continue 
     your  education  or  training to those who  qualify.  If  you  are 
     intending    to   apply   for    "service-connected"    disability 
     compensation, you should also apply for VA rehabilitation.  If you 
     already  have  a recognized service-connected disability with  the 
     VA,  you should consider utilizing vocational rehabilitation while 
     you  are residing in either a halfway house or participating in  a 
     work-release program.
       Both  those with established service-connected disability claims 
     and  those  in  the  process  of  applying  for  service-connected 
     disability  should  send  VA Form 28-1900 to  the  appropriate  VA 
     regional  office 10-15 days before your projected release from the 
     penal institution.  If your VA claim is pending,  be sure to state 
     this   on   your  application.   If  you  are  denied   vocational 
     rehabilitation services based on a "pending" status on your claim, 
     you   should  re-submit  your  28-1900  application  when  service 
     connection is determined.
       Note:  By  submitting  an adequate service-connected  disability 
     claim  30  to  45 days prior to your  release,  followed  by  your 
     application  for VA vocational rehabilitation 10 to 15 days short, 
     and  your  claim is favorably accepted for compensation,  you  may 
     have averted a delay in receiving services.
       If  your  claim  is challenged by the VA and/or  an  unfavorable 
     decision  is  rendered,  your  28-1900 will  be  rejected.  It  is 
     recommended  that each individual objectively determine if it will 
     be worth your time in applying for services before your release.
     
     VA FORM 70-3288  REQUEST FOR AND CONSENT TO RELEASE OF INFORMATION 
                      FROM CLAIMANT'S RECORDS
       This   form  is  used  to  obtain  records  only  from  Veterans 
     Administration  facilities  (regional  offices,  medical  centers, 
     outpatient clinics, and vet centers) pertinent to your claim.
       38 C.F.R. Sec. 1.526(h)  requires the VA regional office provide 
     
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     Volume  5, Number 12                            December 17, 1991

     a  veteran  with  one set of his/her  records  "free"  of  charge. 
     Request a fee waiver under this section.
       You  should only use this form if you were treated prior to your 
     incarceration in a VA facility for the specific disorder which you 
     are  now  applying to receive treatment or compensation,  and  you 
     should obtain the records maintained by the facility if they prove 
     relevant  in  determining  your claim.  For example:  if  you  are 
     seeking  a  PTSD claim and you had been to several  different  vet 
     centers  prior to your incarceration,  you will want those records 
     included  in the regional office review for determination of  your 
     claim.
       To  properly  fill out this form,  look to the upper left  block 
     under "To Veterans Administration" and print in the address of the 
     VA  facility where the records are to be found (if you are  unable 
     to  get the correct address,  write to your VVA liaison or service 
     representative for assistance). Fill in your name,  VA file number 
     (if any),  and your social security number.  The next blocked area 
     concerns  the  name  and address where you  want  the  information 
     released. In this case,  you print in the VA regional office where 
     you  are filing your claim.  Under "Information Requested,"  print 
     in: 
       1. any/all medical summaries;
       2. any/all diagnostic reports;
       3. any/all prognoses; and
       4. any/all other evaluations.
       Under "Purposes for Information" print in: "VA claim development 
     and determination."
       Be  sure to date and sign this form.  Mail the original 30 to 45 
     days  prior  to your release to the VA facility where the  records 
     are maintained, and include a copy of your 70-3288 in your package 
     to the VA regional office.
     
     CONCLUSION
       Beyond  the information presented in this self-help guide,  each 
     individual  is  encouraged to seek information from his/her  state 
     regarding  "expungement"  of  arrest  and  conviction  records  or 
     pardons.  Each  state varies in its procedures of expungement.  It 
     is,  however,  an  option  which should be pursued  by  ex-felons. 
     Normally,  this  procedure  can  be  as simple  as  requesting  an 
     application  from  the  court system,  or,  in  some  states,  the 
     attorney  general's office.  In some states it is  impossible.  To 
     obtain more information concerning this procedure, contact the VVA 
     national incarcerated committee or incarcerated veterans liaison.
     
     Applications   for   state  governor's  pardons  should  also   be 
     considered  by  an individual concerning his/her  previous  felony 
     conviction(s).  Each  state  has  a  separate  set  of  rules  and 
     regulations on how to properly apply for a governor's pardon.  The 
     first  step  is to communicate with your state's attorney  general 
     and obtain copies of the rules before proceeding.  After receiving 
     your  state's  pardon  procedure,  you should contact  the  county 
     public  defender's  office  in your area and  seek  further  legal 
     assistance.  Usually  pardons  are not granted until a  number  of 
     years after release from all restraint.
     
     Individuals  who  need information regarding discharge  upgrading, 
     stress  disorder,  direct referrals for assistance with VA claims, 
     or Agent Orange class action questions, should write:
               National Veterans Legal Service Project, Inc.
     
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     Volume  5, Number 12                            December 17, 1991

                        2001 S Street NW, Suite 610
                         Washington, DC 20009-1125
                              (202) 797-8366
     
     NVLSP  can  provide "self-help"  manuals upon written  request  in 
     these  and  other areas of veteran law and/or  need.  For  further 
     information  concerning  VVA's  goals  or  agendas  regarding  the 
     incarcerated veterans project write:
                  National Incarcerated Veterans Liaison
                     Vietnam Veterans of America, Inc.
                             1224 M Street NW
                         Washington, DC 20005-5183
                              (202) 628-2700
     



























-- 
#Larry W. Jewell (ex-USN)     WWII-L Listowner    jewell@mace.cc.purdue.edu # 
#"Sunday's horoscope is noteworthy because of its strange, sudden and wholly#
#unpredictable and inexplicable occurrences, affecting all phases of life." #
#--"Your Horoscope," L.A. Evening Herald Express, Saturday, Dec. 6, 1941.   #