VOCATIONAL REHABILITATION
PROGRAM
Y 4. V 64/3: 103-14
Ideational Rehabilitation Progran,...
f FARING
BEFORE THE
* SUBCOMMITTEE ON
EDUCATION, TRAINING AND EMPLOYMENT
OF THE
COMMITTEE ON VETERANS' AFFAIRS
HOUSE OF REPRESENTATIVES
ONE HUNDRED THIRD CONGRESS
FIRST SESSION
MAY 20, 1993
Printed for the use of the Committee on Veterans' Affairs
Serial No. 103-14
U.S. GOVERNMENT PRINTING OFFICE
WASHINGTON : 1993
For sale by the U.S. Government Printing Office
Superintendent of Documents. Congressional Sales Office. Washington, DC 20402
ISBN 0-16-041603-5
71-902 0-93
VOCATIONAL REHABILITATION
PROGRAM
I. V 64/3: 103-14
tional Rehabilitation Progran, .
FARING
BEFORE THE
SUBCOMMITTEE ON
EDUCATION, TRAINING AND EMPLOYMENT
OF THE
COMMITTEE ON VETERANS' AFFAIRS
HOUSE OF REPRESENTATIVES
ONE HUNDRED THIRD CONGRESS
FIRST SESSION
MAY 20, 1993
Printed for the use of the Committee on Veterans' Affairs
Serial No. 103-14
D£C 1
U.S. GOVERNMENT PRINTING OFFICE
WASHINGTON : 1993
For sale by the U.S. Government Printing Office
Superintendent of Documents, Congressional Sales Office, Washington, DC 20402
ISBN 0-16-041603-5
71-902 0-93-1
COMMITTEE ON VETERANS' AFFAIRS
G.V. (SONNY) MONTGOMERY, Mississippi, Chairman
DON EDWARDS, California
DOUGLAS APPLEGATE, Ohio
LANE EVANS, Illinois
TIMOTHY J. PENNY, Minnesota
J. ROY ROWLAND, Georgia
JIM SLATTERY, Kansas
JOSEPH P. KENNEDY II, Massachusetts
GEORGE E. SANGMEISTER, Illinois
JILL L. LONG, Indiana
CHET EDWARDS, Texas
MAXINE WATERS, California
BOB CLEMENT, Tennessee
BOB FILNER, California
FRANK TEJEDA, Texas
LUIS V. GUTIERREZ, Illinois
SCOTTY BAESLER, Kentucky
SANFORD BISHOP, Georgia
JAMES E. CLYBURN, South Carolina
MICHAEL KREIDLER, Washington
CORRINE BROWN, Florida
BOB STUMP, Arizona
CHRISTOPHER H. SMITH, New Jersey
DAN BURTON, Indiana
MICHAEL BILIRAKIS, Florida
THOMAS J. RIDGE, Pennsylvania
FLOYD SPENCE, South Carolina
TIM HUTCHINSON, Arkansas
TERRY EVERETT, Alabama
STEVE BUYER, Indiana
JACK QUINN, New York
SPENCER BACHUS, Alabama
JOHN LINDER, Georgia
Mack Fleming, Staff Director and Chief Counsel
SUBCOMMITTEE ON EDUCATION, TRAINING AND EMPLOYMENT
G.V. (SONNY) MONTGOMERY, Mississippi, Chairman
TIMOTHY J. PENNY, Minnesota
JAMES E. CLYBURN, South Carolina
J. ROY ROWLAND, Georgia
JIM SLATTERY, Kansas
BOB CLEMENT, Tennessee
TIM HUTCHINSON, Arkansas
BOB STUMP, Arizona
THOMAS J. RIDGE, Pennsylvania
JACK QUINN, New York
(II)
CONTENTS
May 20, 1993
Page
Vocational Rehabilitation Program 1
OPENING STATEMENTS
Chairman Montgomery 1
Prepared statement of Chairman Montgomery 29
Hon. Tim Hutchinson 2
WITNESSES
Crandell, William F., Legislative Assistant, Vietnam Veterans of America 23
Prepared statement of Mr. Crandell 88
Drach, Ronald W., National Employment Director, Disabled American Veter-
ans 18
Prepared statement of Mr. Drach, with attachment 66
Dupree, Clifton E., Associate Legislative Director, Paralyzed Veterans of
America 21
Prepared statement of Mr. Dupree 81
Hickey, Martie, DTAP Coordinator, VA Regional Office, Winston-Salem, NC... 8
Manhan, Bob, Assistant Director, National Legislative Service, Veterans of
Foreign Wars 22
Prepared statement of Mr. Manhan 85
Monteforte, Vincent, Vocational Rehabilitation and Counseling Officer, VA
Regional Office, Roanoke, VA 11
Otts, Wayne, Vocational Rehabilitation Specialist, VA Regional Office, Phoe-
nix, AZ 10
Vogel, R. John, Deputy Under Secretary for Benefits, Department of Veter-
ans Affairs, accompanied by Dr. Dennis R. Wyant, Director, Vocational
Rehabilitation and Counseling Service 2
Prepared statement of Mr. Vogel 50
MATERIAL SUBMITTED FOR THE RECORD
Reports:
GAO Report to the Chairman, Committee on Veterans, U.S. Senate, re
VA's Vocational Rehabilitation Program, September 28, 1992 33
Department of Veterans Affairs Comments to GAO Final Report, "Voca-
tional Rehabilitation: VA Needs to Emphasize Serving Veterans with
Serious Employment Handicaps" 48
Statements:
AMVETS 99
James R. Peluso, Director, New York State Division of Veterans' Affairs .. 93
Summary:
Summary of GAO Report, "Vocational Rehabilitation: VA Needs to Em-
phasize Serving Veterans with Serious Employment Handicaps" 30
(in)
Page
IV
Written committee questions and their responses:
Chairman Montgomery to Department of Veterans Affairs 103
Chairman Montgomery to Dr. Hickey, VA Regional Office, Winston-
Salem, NC 254
Chairman Montgomery to Vincent Monteforte, VA Regional Office, Roa-
noke, VA 258
Chairman Montgomery to Wayne Otts, VA Regional Office, Phoenix, AZ .. 264
Chairman Montgomery to Disabled American Veterns 266
Chairman Montgomery to Paralyzed Veterans of America 269
Chairman Montgomery to Veterans of Foreign Wars 271
VOCATIONAL REHABILITATION PROGRAM
THURSDAY, MAY 20, 1993
House of Representatives,
Subcommittee on Education, Training
and Employment,
Committee on Veterans' Affairs,
Washington, DC.
The subcommittee met, pursuant to call, at 9:30 a.m., in room
334, Cannon House Office Building, Hon. G.V. (Sonny) Montgomery
(chairman of the subcommittee), presiding.
Present: Representatives Montgomery, Hutchinson, and Quinn.
OPENING STATEMENT OF CHAIRMAN MONTGOMERY
Mr. Montgomery. If it is all right with you, Tim, I will move
right along. I have a long statement, and I am going to submit the
full statement for the record.
The committee will come to order.
We are meeting to examine the effectiveness and implementa-
tion of the Vocational Rehabilitation Program for service-connected
disabled veterans. This program is contained in chapter 31, title 38,
United States Code. The purpose of this program is to enable dis-
abled veterans to become employable, to obtain and maintain suita-
ble employment after they get the job, and to achieve maximum
independence in dairy living. We place a high priority on these vo-
cational programs. The program was started in 1917, and it has
gone through the wars, including Vietnam, and now also includes
peacetime veterans who suffer disabilities.
The responsibilities of the Vocational Rehabilitation and Coun-
seling Service — and I will use the shorter version, VR&C — have in-
creased since 1980 when the chapter 31 program was modified.
VR&C service provides educational and vocational counseling to
active duty servicemembers who are within 6 months of separation.
That is a very important program. We have been out and looked at
that. Veterans who have been out of the service for no more than
12 months and individuals who are participating in a variety of VA
programs also counseled by VR&C staff.
[The prepared statement of Chairman Montgomery appears at p.
29.]
Mr. Montgomery. At this time I will yield to Tim Hutchinson,
the ranking minority member from Arkansas, for any remarks he
would like to make.
Tim.
(1)
OPENING STATEMENT OF HON. TIM HUTCHINSON
Mr. Hutchinson. Thank you, Mr. Chairman. I will be very brief
this morning also.
I am looking forward to hearing the VA's response to suggestions
by the General Accounting Office. I know that the chairman is con-
cerned, as I am, regarding the effectiveness of the Vocational Reha-
bilitation Program, and while I know that the Vocational Rehabili-
tation and Counseling employees are dedicated and hard-working
people, we must look closely at whether or not they are being given
the resources to adequately perform their jobs, and I, as we all are,
am aware that the budget cuts experienced by the Department of
Veterans Affairs during the past years have forced many programs
to tighten their belts. Every effort must be taken, however, to
ensure that something as essential as the Vocational Rehabilita-
tion Program is not neglected. The least our country can do for its
service men and women is to provide timely rehabilitation services
which will enable them to find meaningful employment.
So, Mr. Chairman, I, with you, look forward to hearing the re-
sponse from our panel today.
Thank you, Mr. Chairman.
Mr. Montgomery. Thank you.
We will ask our witnesses if they could keep their remarks to 5
minutes or less. We are not trying to rush you, but it gives us more
time to get into the questions and where we have concerns.
Mr. Montgomery. Mr. Vogel, before you begin, I want to men-
tion that we are surprised that your written testimony does not in-
clude a discussion of VR&C timeliness statistics. The letter that we
wrote inviting you to testify clearly indicated that we wanted to
hear about this. This is an issue of concern to the subcommittee. So
we will be glad to recognize you at this time, Mr. Secretary.
STATEMENT OF R. JOHN VOGEL, DEPUTY UNDER SECRETARY
FOR BENEFITS, DEPARTMENT OF VETERANS AFFAIRS, ACCOM-
PANIED BY DR. DENNIS R. WYANT, DIRECTOR, VOCATIONAL
REHABILITATION AND COUNSELING SERVICE
Mr. Vogel. Thank you, Mr. Chairman.
Mr. Chairman, I apologize for not providing the statistics. We
will do so, and shortly thereafter I hope to be able to give you a
report of an independent study, an internal study, being done of
the Vocational Rehabilitation and Counseling Program.
(Subsequently the Department of Veterans Affairs submitted the
following information:)
VR&C WORKLOAD AND TIMELINESS
Fiscal Year
1992
1993
1994
Goal
Total Staff
722
732
714
Ch 31 veterans
36,548
40,700
44,700
Educ/Vocational Couns
13,187
30,000
48,817
Avg days until first Appointment
74
80
85
30
Avg days in finding employment
243
240
250
90-120
Avg Vocational Rehabilitation Specialist caseload
229
260
285
125
Dr. Wyant and I appreciate the opportunity to be with you this
morning, Mr. Chairman. We have prepared a formal statement
that I would like to be made part of the record, but I would like to
take a few moments to provide you with a short statement and re-
spond to any questions you or members of the subcommittee may
have.
As part of our participation today, we have a panel of three of
our Vocational Rehabilitation and Counseling field staff who will
be able to speak to you and the members of the subcommittee from
the front lines.
Your invitation to the Secretary asked us to emphasize how we
are meeting our commitment to quality and timely service. Provid-
ing quality rehabilitation service is one of our major goals. We
monitor our service through surveys of field station operations, and
in 1992 we conducted a consumer satisfaction survey with our cus-
tomers, the disabled veterans who have completed our program.
In addition, each VR&C officer utilizes our quality review system
to monitor the quality of work of each staff member that is provid-
ing rehabilitative services to disabled veterans.
To better assess our needs for improvement, I have asked our
program analysis and evaluation staff to conduct an independent
study of the program.
My concern for the viability and the efficiency of the program
was heightened as we formulated the fiscal year 1994 budget and
we had to make the painful decision to, in fact, take some FTEE
resources out of the program. So we are going to take a good hard
look at how we are doing.
Through our early interventions with separating servicemembers
using the TAP — Transition Assistance Program — and DTAP — the
Disabled Transition Assistance Program — we are able to be in
direct contact with those servicemembers who are being separated
with a service-connected disability and who believe that they may
qualify for service connection of a disabling condition. Fortunately,
we were able to give these people the information they need at the
time they need it most.
Our workload increase has been dramatic over the last few
years. A short time ago, we saw our education and vocational coun-
seling dwindle to less than 3,000 nationwide as the old G.I. bill pro-
gram ended. We now expect over 30,000 applicants for this service
in fiscal year 1993. The participants in vocational rehabilitation
services have run from 32,668 in fiscal year 1991 to an estimated
47,700 by the end of fiscal year 1994. With diminishing staff, this
workload presents a real challenge.
As a result, we have created new ways of working smarter, and
we are constantly seeking ways to improve our services. We admire
the success of our disabled veterans. In an internal study of 3,000
recently rehabilitated veterans, we found the study group will gen-
erate over $67 million in earned income in their first year of em-
ployment, which will result in over $14 million in Federal and
State taxes and over $4 million in payments to Social Security. So
clearly the programs work.
Mr. Chairman, we would be happy to respond to any questions
you or the other Members may have.
[The prepared statement of Mr. Vogel appears at p. 50.]
Mr. Montgomery. I want to thank the gentleman from New
York for being here today, Jack Quinn. I have a couple of ques-
tions, and then I will yield to you.
I want to welcome Dr. Wyant, who is an old friend.
The GAO report said that better VA management is needed to
help disabled veterans find jobs. Also, the GAO states that large
caseloads and limited resources do not contribute to VA's failure to
provide effective employment services to veterans. Would you
answer that, Dr. Wyant?
Dr. Wyant. I would be glad to, Mr. Chairman.
From our own experience, we have to disagree with the GAO
report on the findings related to the large caseloads. I don't think
it would have taken a very large analysis to find that with a case-
load of 300 people per counselor, which allows you about 5 to 10
minutes a week with each of your disabled veterans, you cannot
provide effective employment services, because getting a job is a
fulltime job, it takes a lot of one-on-one. In the private sector 20 to
25 individuals per case manager is considered the normal, and ours
is 10 times that.
Mr. Montgomery. I agree, with the people coming out of the
service now, that is putting an extra load on that section of VA.
Has the Department looked into, Mr. Secretary, shifting some
people around? As one agency gets more active than other agen-
cies, the work probably slows down. I know we had a similar situa-
tion in the home loan area. Needs can go up and down as far as
staff is concerned. Have you thought about helping VR&C out with
additional staff to address this criticism by the General Accounting
Office?
Mr. Vogel. Our internal staff resources, Mr. Chairman, are
pretty well taxed across the system. I have very little opportunity
to move personnel resources from one Vocational Rehabilitation
and Counseling division in a regional office to another. The work-
load is fairly heavy across the board.
What we are doing not only for the Vocational Rehabilitation
and Counseling Program, but for purposes of administering Com-
pensation and Pension, is exploring with the Department of De-
fense whether or not any funds or other resources are available in
the downsizing of the military to assist us in handling a workload
which is even higher than we would have normally anticipated
with the downsizing. We are in Compensation and in Vocational
Rehabilitation seeing a lot more work than we would have other-
wise seen given the downsizing and the prospect of base closures.
Mr. Montgomery. I will ask one other question. The General Ac-
counting Office says that the VA should provide better training to
rehabilitation specialists in the area of effective job placement serv-
ices. GAO also observes that the VA criteria for rehabilitation spe-
cialists does not emphasize experience or training in job placement.
Do you plan to provide job placement training? If not, why not?
Mr. Vogel. Mr. Chairman, we accept that recommendation, the
finding of the GAO, and Dr. Wyant will be pleased to comment on
how we mean to address that concern.
Dr. Wyant. Thank you, Mr. Vogel.
First, the VBA, as you know, has a training academy in Balti-
more. We have used it in the past, and we do plan on using it
again this year for employment services.
In addition, as a result of the GAO audit and just the result of
good management practice, each of our training conferences that
we have had with our VR&C officers has had a component on em-
ployment services.
We have a monthly hotline that goes out to all of our regional
offices and out-based locations. Employment services is usually a
part of that hotline. We have had two satellite training confer-
ences, and a third one will be planned for September of this year.
We are again using contractors to provide employment services, so
that we can have more one-on-one out there.
In the area also of having a qualified person providing employ-
ment services, you asked us at one of our last hearings about our
qualifications standards for rehabilitation counselors. We are
happy to report now that all the background work has been done —
job analysis, task analysis — and revised standards are in our con-
currence process up so that our employees will be skilled in provid-
ing employment services to disabled individuals. The next time we
are down here, we hope these standards will be in place, Mr. Chair-
man.
Mr. Montgomery. You do accept the criticism, and you will try
to make these people more qualified. Is that correct?
Mr. Vogel. That is correct, Mr. Chairman.
Mr. Montgomery. The gentleman from Arkansas, Tim Hutchin-
son.
Mr. Hutchinson. Thank you, Mr. Chairman; and I thank you for
your testimony today, Dr. Wyant and Mr. Vogel.
Understanding that the whole system is stretched and that re-
sources are taxed, it still ultimately becomes an issue of priorities,
and I am extremely concerned that the VA's budget request for vo-
cational rehabilitation is inadequate to meet the needs of service-
connected disabled veterans. It becomes a matter of priorities.
What priority does the VA give this program, and is there any
consideration being given, as the chairman asked, concerning shift-
ing of additional funds and staffing to meet the needs of this pro-
gram? And given the need for specialists in this area, has there
been consideration given to the possibility of contracting out to
meet some of these kinds of rehabilitation and counseling program
needs?
Mr. Vogel. Mr. Hutchinson, I think that vocational rehabilita-
tion programs the VA administers really are at the heart of what
we do. We think they are very, very important and they are pivot-
al. Service-connected disabled veterans are the base reason that we
exist. We have endeavored to shift resources into generally the
compensation and pension processing area, because that is a crisis
area. We expect to finish this year with about 600,000 pending com-
pensation and pension cases, most of which are compensation. That
is unacceptable. It runs our processing out, on average, into 4
months and more, and we are seeing a run-up in the numbers of
original compensation claims. When you get those, you also get as
a by-product applications for vocational rehabilitation.
6
We do have contract authority, and we likely will utilize — I
think the figure, Dr. Wyant, is $5 million in contract monies to
provide other contract counseling services to free up our staff to
deal with disabled veterans. If we run out of that and see ourselves
backsliding any further, we will raise the issue about whether or
not more resources can be made available.
Mr. Hutchinson, I mention in my statement that I have got a
small program analysis team looking at the Vocational Rehabilita-
tion and Counseling Program, at how we deliver services. It seems
that likely may come out of that some recommendations to me,
which clearly would be discussed with the Secretary and approved
by him, prioritizing what we do. Perhaps there are things that we
are mandated to do under current law and regulation that we are
simply not getting to. We may, in fact, have to cease to do some
kind of counseling work for non-service-connected veterans in order
to free up resources to take care of what I regard and the Secretary
regards and Dr. Wyant regards as the pivotal, important group, the
service-connected disabled veterans.
I am not at all predicting the outcome of the study, but we will
be pleased to share the results of that study with you. I asked that
it be done in a memo about a month ago. We can't continue to do
business as usual. I am not sure that we squeeze out all the work
and there may be smarter things that we can do. Dr. Wyant has an
advisory group of field personnel who have some wonderfully
bright ideas, and I spent some time with them on how to make our
processing more efficient.
Mr. Hutchinson. Dr. Wyant, you mentioned the caseload for a
rehabilitation specialist. Did you say it was 225? What was the av-
erage caseload?
Dr. Wyant. This year it is approximately 260; next year, at
about the same staffing, it would be around 285 with the proposed
caseload.
Mr. Hutchinson. What kind of employment level would be
needed to bring that caseload average down to 150? How many re-
habilitation specialists would you need?
Dr. Wyant. I have done the analysis. Our goal — and we think it
is comparable with the State voc-rehab system — of 125, would take
about 500 additional FTEE to bring it down to that goal.
Mr. Hutchinson. Mr. Vogel, in your statement you said that the
VA endorses the GAO recommendations regarding the vocational
rehabilitation program, and I would like you to comment briefly on
how you intend to implement those recommendations. Is there a
timetable for implementation of them? And will you keep the sub-
committee informed of the status of that implementation plan?
Mr. Vogel. I will be pleased to keep you informed.
The timetable — Dr. Wyant is much more acquainted with that
than I am, Mr. Hutchinson. I would ask him to respond.
Dr. Wyant. We have prepared a timetable, sir, and many of the
items on that timetable we have already implemented. Some of the
things that you are seeing, like the employer conference that will
be coming up for the employees, are all a result of this. We would
be very glad to provide our plan for the record, sir.
Mr. Hutchinson. I would appreciate that.
[The plan appears at p. 57.]
Mr. Hutchinson. Thank you, Mr. Chairman.
Mr. Montgomery. Thank you.
The gentleman from New York.
Mr. Quinn. Thank you, Mr. Chairman. Good morning.
Thank you for your testimony, gentlemen.
Mr. Vogel, early on in your testimony this morning you say that,
"In addition to our vocational rehabilitation service to service dis-
abled veterans, our highest priority," — and you have mentioned it
twice this morning — "we provide similar services to an average
1,400 non-service-disabled pension recipients who request our help
each year." You say then, "Only 15 percent of veterans who receive
an initial evaluation request programs of rehabilitation services,
however," and my question is more of a general nature. Only 15
percent after the initial interview. That sounds kind of low to me.
Is that because our services aren't right, or the services aren't
needed, or they found other places to get the services? Why only
15, or is 15 a generally accepted number?
Mr. Vogel. These are people who are pensionable. They are defi-
nitionally disabled, very seriously disabled, and the 15 percent usu-
ally is a result of a sort of a winnowing process. These are people
who really both have a desire and a capacity to enter into vocation-
al rehabilitation programs. It is more a matter of ability or capac-
ity to be rehabilitated that has that number at that comparatively
low point.
Dr. Wyant. Also, I think you will see that change in the years to
come. Up to last year, every pensioner under age 45 was mandated
to come in for evaluation whether they wanted to or not. Thanks to
this body here and the Congress, you have now given the latitude
for that to be voluntary, and, as you well know, it is hard enough
to rehabilitate someone who wants rehabilitation, it is impossible
to rehabilitate someone who does not want rehabilitation.
To get pension, when you are under age 45, you have to be se-
verely, severely disabled, and many of those evaluations are people
with multiple sclerosis or HIV positive that perhaps would not
even be alive by the end of their training program. I think the
numbers in the future will look much better now that it is volun-
tary for the person who truly wants a vocational training program.
Mr. Quinn. I guess that prompted the question. Thank you very
much.
Thank you, Mr. Chairman.
Mr. Montgomery. Thank you.
We have a number of questions, but we are going to have a lot of
votes today, and we want to hear from our next panel who have
come from VA regional offices across the country. So we will
submit these questions for you gentlemen to answer. It will help us
very much.
I want to thank you for being here this morning, and I will call
up the next witnesses.
Mr. Vogel. Thank you, Mr. Chairman.
Dr. Wyant. Thank you, Mr. Chairman and members of the com-
mittee.
Mr. Montgomery. Thanks a lot, both of you.
Mr. Montgomery. Dr. Hickey, who is the DTAP coordinator in
the VA Regional Office — and, to my colleagues, these gentlemen
8
and lady work for the VA, and they are out in the field. Dr. Hickey
is from Winston-Salem, NC. I know Mr. Wayne Otts. He is from
my State, and he is a vocational rehabilitation specialist, and he
won the Olin Teague Award a couple of years ago. He is stationed
in Phoenix, AZ. Mr. Vincent Monteforte is the vocational rehabili-
tation and counseling officer from Roanoke, VA.
Dr. Hickey, I was introducing you as a male. I want to correct
that. We are glad to have you here.
Ms. Hickey. Thank you, Mr. Chairman.
Mr. Montgomery. Do you have any statements or anything you
would briefly like to say?
STATEMENTS OF MARTIE HICKEY, DTAP COORDINATOR, VA RE-
GIONAL OFFICE, WINSTON-SALEM, NC; WAYNE OTTS, VOCA-
TIONAL REHABILITATION SPECIALIST, VA REGIONAL OFFICE,
PHOENIX, AZ; AND VINCENT MONTEFORTE, VOCATIONAL RE-
HABILITATION AND COUNSELING OFFICER, VA REGIONAL
OFFICE, ROANOKE, VA
STATEMENT OF MARTIE HICKEY
Ms. Hickey. Yes, we do have statements, and we would be more
than happy to limit them to about 5 minutes each.
I am from North Carolina, and I believe that our two North
Carolina DTAP programs and my Marine Corps DTAP program in
particular need to be seen within the context of the whole North
Carolina scenario, what we call the North Carolina story.
We have had two very critical population shifts that have im-
pacted our regional office and our services in North Carolina. The
first of those is that the North Carolina veteran population itself
has increased. From 1980 to 1990, the U.S. vet population de-
creased by 6 percent. At the same time, our North Carolina popula-
tion was increasing by 8 percent. In addition, as you well know, our
active duty population has increased. From 1991 to 1993, that
active duty population has increased 32 percent from 90,000 to
about 119,000.
So these two trends alone have significantly boosted all types of
claims to our regional office. Our disability claims are up 53 per-
cent in the last year, and our applications for vocational rehab are
up 134 percent in the last year. At the same time, we have not had
a significant increase to the regional office staff.
Now if you add to that, to the normal attrition from the increas-
ing military force and an increasing number in aging vets, add to
that the men and women forced out through downsizing, you begin
to get a picture of what we call the North Carolina story. The
number of vets that we are serving has clearly outgrown the orga-
nization designed to serve them.
We have worked hard, and we have worked smart, and we have
worked harder, and we have worked smarter, and we have certain-
ly had a lot of good support from the Southern Region, but the
bottom line is that we have too many vets and too few staff.
Our DTAP programs, both of them, we feel, are clearly an exam-
ple of working hard and working smart in the field. In North Caro-
lina, we have two DTAP programs and they are divided geographi-
cally, which, incidentally, produced a service division. We have a
Navy-Marine Corps DTAP program that is mine, and then we have
an Army-Air Force program. We serve six major installations, four
military hospitals, and, as I said, 119,000 active duty population.
The PEV populations and the retirees are the ones that we focus
on in the DTAP. Each base has a DTAP service aboard at least
once per week providing some kind of DTAP program. Since we
started our DTAP programs in North Carolina, we have had 300
DTAP sessions, we have briefed 31,000 people, we have processed
8,500 chapter 36 applications, 905 chapter 31 applications.
Our turn-up rate for chapter 36 counseling, which is the voca-
tional and educational counseling, is about 23 percent. One hun-
dred percent of our work for chapter 36, the vocational counseling,
is provided by contract counselors, who are supervised in the field
by the DTAP coordinators.
What does our average week look like? We have about 13 ses-
sions and see 250 vets. Per month, that is about 2,000 or 33 briefs.
So who is a DTAP coordinator? A DTAP coordinator, first and
foremost, is a counselor, a counselor who can identify issues and
address them with the vets. We are time managers. We have chap-
ter 31 and chapter 36 programs to juggle, briefs, TAP's, and
DTAP's, pre-retirements, admin and reporting, a command liaison,
and training — professional training for us.
We are land navigators, we travel between 400 and 800 miles per
week, we are supervisors and managers for contractors or contract
technical officers, and we are teachers. Every brief is a class, and
we have ideas that are important for these potential vets to get.
What are the tools of our trade? We can't work without a pager
strapped to our waist all the time. We have to have a car phone to
return calls and work while we are driving. I myself work with a
color-coded schedule so that I can tell where I am going to be at
any one given time, a different color for every base.
We don't have a staff, so we are a permanent staff of one, and I
rely on work-study students who come in part-time, and I have
three work-study students who come in and do all the administra-
tive processing.
We have to have a car in good working order with unlimited gas.
We have to have a good chain of supply for publications to reach us
from the regional office. My job takes about 50 hours per week, and
I regularly work unpaid and uncompensated overtime.
We have to have tremendous support from the commands in
order to make DTAP work. I have been very fortunate to have tre-
mendous support from the Marine Corps at Marine Corps Air Sta-
tion, New River. The commanding officer, Colonel Jones, has pro-
vided us with office space, including classrooms, heating and air
conditioning, and office supplies, copiers, fax, and telephone. At the
Marine Corps base in Camp Lejeune, Ms. Lynne Ritter, who is the
head of human services, has provided all of those services for our
transition assistance program coordinator.
So we have to have the command support, and we have to have
command liaison.
The other important things that are tools of the trade are, of
course, stamina and an unfailing sense of humor.
Mr. Montgomery. Let me mention right there, we can certainly
help you if you are not getting the command support. All you have
10
to do is notify us. The military is one of the few departments that
still listens to us up here. So if you have any problems like that,
they do follow orders. I just want to pass that on.
And, Mr. Vogel, if you are having any problems like that, or Dr.
Wyant, we can certainly help you if you are not getting the coop-
eration from these bases.
Dr. Hickey. Thank you very much, Mr. Chairman.
We have tremendous support on the ground from the field com-
manders as well as the upper echelons — tremendous. We could not
ask for better.
That is the end of my prepared remarks. Any questions, gentle-
men?
Mr. Montgomery. We will hear the other two witnesses, and
then we will come back.
STATEMENT OF WAYNE OTTS
Mr. Otts. I am Wayne Otts. I am a vocational rehabilitation spe-
cialist at the Phoenix Regional Office. We have an office in Phoe-
nix, and we have an out-base location in Tucson. We have a total of
four rehab specialists to serve the entire State with a caseload of
about 1,250 people. We have two major metropolitan areas, Phoe-
nix and Tucson, and the rest are fairly well scattered.
It is not unusual to see our staff working on Saturday and
Sunday. I myself work anywhere from 60 to 80 hours a week, and I
am not complaining. We don't get comp time, we don't get over-
time. I am simply stating the fact that we can't do much more.
There is not much more that we can do in the field. When you
work 12 to 14 hours a day and you work Saturdays and Sundays,
that doesn't leave a lot of time to do additional work.
We don't do proper case management, we do crisis intervention. I
am embarrassed to say that, but it is true. So where do we cut off
service, or where do we tell veterans, "I can't help you; I've got to
go home; it's quitting time"? You just don't do that. You don't tell
veterans, "It's 3:30, it's time for me to go home," and he is being
evicted from his home.
How do you tell who is a seriously or severely disabled veteran?
Who is a more seriously disabled veteran, a veteran like me that is
fairly stable with 70 percent service-connected disability for having
an arm gone, or a veteran who is rated 10 percent for PTSD who
has alcohol problems, who has had a poor work history, has gone
through a divorce, has no place to stay? How do you make those
decisions?
It is not easy to come up to you with a statistic and say these are
the people that we serve; we simply can't. This must be done on a
case-by-case basis. That is the only way you can decide who needs
your services the most.
Why has the caseload increased? Well, we have talked about the
drawdown of the military, but we haven't talked about the areas
that are related to that, such as, when you lose a military base, as
we have in Phoenix, you lose all the civil service support area that
is heavily occupied by disabled veterans with service-connected dis-
abilities. You have base closures, not just the drawdown but the
base closures. We have a poor economy. We have loss of the de-
11
fense contracting industry. A lot of the agencies, private compa-
nies, that historically hire a lot of disabled veterans — and veterans
get preference in their hiring because of their contracting status —
are being downsized as well, and there is a changing work force.
The work force in the United States is not such as it was many
years ago, so a lot of these people who have been satisfactorily em-
ployed have now been laid off. They are coming back, and what
makes it more difficult is, they are now much older than they were
to begin with.
We utilize contracting for counseling services and for job place-
ment, but contracting is not the total answer, it is a help, yes. But
let me give you some reasons that it is not the total answer.
Number one, we must train these contractors to perform the serv-
ices that we want them to perform. These people are not experi-
enced in veterans' benefits. Number two, we must negotiate con-
tracts and write contracts. Therefore, our staff must be trained in
contracting and procurement.
Quality review must be done on these cases to make sure that
the contractors are providing the services that we are paying for
and that you want the veterans to have. We must then review the
cases and make the payments to the vendors.
You have given us the best vocational rehab program in the
world. There is absolutely no question about it. If you talk to any-
body else in rehabilitation, whether it is State rehab, whether it is
workmen's compensation, private industry, they are all jealous of
the program we have, and I think it would be a shame to let that
program fail because we don't have the resources and the staff to
man and produce the results that you want us to produce.
Thank you.
Mr. Montgomery. Thank you for that testimony.
Mr. Monteforte.
STATEMENT OF VINCENT MONTEFORTE
Mr. Monteforte. Thank you, Mr. Chairman. I am pleased to be
here this morning. We also have a story in Roanoke, and I would
like to tell you about that.
The jurisdiction of the Roanoke VR&C Division encompasses the
entire State of Virginia except for two counties in Northern Virgin-
ia and two incorporated towns or cities. Currently, approximately
1,600 service-disabled veterans are receiving rehabilitation services
under the voc-rehab program in Roanoke. A staff of 20 profession-
als and clerical personnel administer the program from three loca-
tions: Roanoke, where we have nine staff; Richmond, where we
have two staff; and Hampton, where we have nine.
In fiscal year 1992, 1,155 service-disabled veterans were provided
comprehensive evaluation services to determine their entitlement
to a program of services and assistance under chapter 31, voc-
rehab. Also during fiscal year 1992, we rehabilitated 76 partici-
pants, and we are proud to say that it was the highest number in
the Eastern Area. I am also proud to say that the pre-salary of
those 76 participants before entering the voc-rehab program was
about $3,500, and after rehab their salary was approximately
$20,000.
12
Of the 1,155 disabled veterans who were provided comprehensive
evaluation services to determine their entitlement to chapter 31,
715 actually developed Individualized Written Rehabilitation Plans
(IWRP's) or had IWRP's confirmed, 124 were determined not to be
entitled or not feasible to achieve a vocational goal, and 310 inter-
rupted the evaluation process — that is about 27 percent — before a
determination could be made.
The VR&C Division workload continues to grow at an acceler-
ated rate based on the incidence of service-disabled veterans in the
Tidewater area of Virginia as well as increased applications result-
ing from the implementation of the DTAP program. A recent VA
Central Office survey that was done in August of 1992 indicated
that the Roanoke VR&C Division CP workload grew by 41 percent,
and the voc-rehab specialist workload grew by 29 percent since
August of 1991.
While our counseling psychologists in Roanoke complete more
counseling cases than their colleagues nationwide — we complete
about 34 per month, and the average is about 24 per month nation-
wide— our efforts still do not allow us to keep pace with the incom-
ing cases.
The primary measure of counseling timeliness is the total
elapsed time a case remains in applicant case status, and, Mr.
Chairman, you asked about those figures earlier. I would like to
tell you about those figures in Roanoke. This time applicant case
status extends from the date the regional office receives the appli-
cation to the date of the first counseling appointment. The timeli-
ness goal for cases exiting applicant case status set by VA Central
Office is 30 days. For fiscal year 1992 in Roanoke we averaged 96
days, and for the first 6 months of 1993 we are up to 106 days; we
are slipping badly.
The current VRS workload is 1,551. The average VRS workload
is 286 cases. The Voc-Rehab Service recognizes a caseload of 100 to
125 per VRS as permitting good quality service. The current State-
Federal program is about 100 to 110. A VRS workload above 150
suggests a need for very, very close quality control and supervision.
While the current average caseload in Roanoke dropped by about
20 cases per VRS in a year, the reason it dropped is, we distributed
some of the VRS caseload to counseling psychologists, so now our
counseling psychologists have a part-time VRS caseload. If you sub-
tract the CP FTEE that we have applied to the voc-specialist work-
load, the average caseload gets up to about 310.
We project that the workload in VR&C will probably expand by
about 40 percent annually over the next 3 years. In fiscal year
1993, we anticipate increasing the number of evaluations that we
do. With the increase in evaluations, we also expect to see an in-
crease in the number of veterans receiving services and that actu-
ally enter into the VRS workload. We expect that the VRS work-
load by the end of 1993 will be about 2,000, and by 1994 it will be
about 2,500, much too high.
I see that I am just about out of time, so maybe I will stop there
and hold the rest for my questions.
Mr. Montgomery. This has been excellent testimony, and it cer-
tainly has come from the heart; I don't think there is any question
about that. You have to be dedicated to work with disabled people.
13
Mr. Monteforte. Mr. Chairman, could I just add one thing?
Mr. Montgomery. Yes.
Mr. Monteforte. I think it may be revealing.
Right now, my backlogged workload, veterans waiting for evalua-
tion services, is about 2 years. I have got about 1,500 cases waiting
for evaluation services.
Mr. Montgomery. That is much longer than an individual filing
for compensation or pensions.
Mr. Secretary, John Vogel, how many months does it take before
a compensation case is finalized?
Mr. Vogel. The average is about 125 days.
Mr. Montgomery. Is it going up? I thought you were bringing it
down some. What about pensions?
Mr. Vogel. Pensions is a little less. That is about 100 days.
Mr. Montgomery. Why don't you stand up so we can hear you,
John?
Mr. Vogel. The original compensation is now running about 175
days — no difficulty, no appeals. The average pension case is about
90 to 100 days. The original pension runs about 100 days to do. Any
case appealed, of course, they immediately run out to about a year.
Through either the board or because of the court, you are running
out to in excess of a year. But the average case, most aren't ap-
pealed, about 175 days.
Mr. Montgomery. This is 2 years. This is just evaluation? That
is an awful long time.
Mr. Monteforte. Mr. Chairman, I didn't want to mislead you. If
our counseling psychologists handle those cases, it will take 2
years.
What we are doing right now is, we are doing a fair amount of
contracting out. With contracting, we would expect — if we don't re-
ceive another application beginning today, we would expect to take
care of those people probably in about 12 months with contracting.
Mr. Montgomery. Thank you.
I know you don't have enough money, but you do have some
money to contract out?
Mr. Monteforte. Yes, sir. We started the contracting process
about a year ago, in March of 1992, when we let three $25,000 con-
tracts. We knew immediately that we were going to exceed that
$75,000 very quickly, and since my contracting authority, my war-
rant, is only for $25,000, what we did immediately is seek the as-
sistance of the VA Medical Center procurement staff, and we en-
tered into a negotiated procurement process.
We started that process in August of 1992 through the Medical
Center, going through the Commerce and Business Daily, advertis-
ing, following the procedures. It took us almost 8 months to get
contracts in place. As a matter of fact, on March 15 we actually
signed four contracts, three for $250,000 and one for $200,000. So
right now we have in place almost a million dollars worth of
contracting.
Mr. Montgomery. Okay.
The problem is, under discretionary spending, we get directed to
reduce personnel around the country. How much FTEE did you get
this year, Mr. Secretary? This affects, I assume, some of these
14
people, their staffs, and also not being able to get anybody else to
help you.
Mr. Vogel. I'm sorry, Mr. Chairman? How much in total staff
and veterans' benefits administration?
Mr. Montgomery. Yes, for this fiscal year in their area.
Mr. Vogel. For, the Vocational Rehabilitation Program, I think
the number is 18. We took 18 out of the program, and we took
some out of other areas as well — loan guaranty, administrative and
support staff — in order to try to put some more resources into com-
pensation and pension processing.
Mr. Montgomery. But as I understand the witnesses, the work
has gone up, the cases have gone up.
Mr. Vogel. They are both headed in the wrong direction, Mr.
Chairman.
Mr. Montgomery. What is the total number we have out in the
field of VR&C staff?
Mr. Vogel. Seven hundred and twenty-five is the national figure,
Mr. Chairman.
Mr. Montgomery. I will be very brief and let my colleagues ask
questions.
Thank you.
Dr. Hickey, we want to give you credit for doing outreach activi-
ties for disabled veterans in the Winston-Salem area. You had a
comment on that — the extra work on that?
Ms. Hickey. Well, I really enjoy, Mr. Chairman, being able to be
out-based, and I really enjoy being able to provide service to, for
me, in my case, the sailors and marines at Cherry Point and Camp
Lejeune-Indian River. I think it is a tremendous service to be able
to reach them before they actually leave active duty. When I stand
in front of a group and address them, the fear in their eyes is
really real. They are very, very concerned about what they are
going to do what they get out and also the economy and how they
are going to fit in, and I think the program is really worthwhile.
Mr. Montgomery. You do extra work in that? You spend extra
time doing that?
Ms. Hickey. Yes, Mr. Chairman, I regularly work more than 40
hours a week.
Mr. Montgomery. Mr. Otts, I notice you work in the area of jobs,
that you concentrate on that. Can you tell us something about that
area?
Mr. Otts. I started as a voc-rehab specialist concentrating on em-
ployment services four or 5 years ago. At that time, you gave us
the Employer Incentive Program. At that time, due to the size of
our staff, I had the ability to go out and contact employers, and my
top priority at that time was to be available to employers when
they had problems. Regardless of how careful you are in placement
of disabled veterans, the fact that they have disabilities, problems
arise with employers.
My top priority, and I think the reason that we have been suc-
cessful with this in Phoenix, is that when an employer called, I
went. Due to staff reductions now — let me tell you a little bit about
my caseload. First off, I am a supervisor. I supervise the entire
rehab specialist area, including the clerical support staff. I handle
all the on-the-job training cases, all the Federal nonpaid work expe-
15
rience cases, and all the employment cases for the State of Arizona.
I no longer have time to contact employers.
My situation is a little different from both of these. I have had
the luxury in the past of having adequate staffing. My problem
now is that I hate to see many years of hard work going down the
drain because of the hits that we are taking.
Out of a total staff number of 17 for the State of Arizona last
year, we lost two positions, one VRS and one clerk. That is my
problem, that I no longer have the time to go out and meet with
employers to explain the Employer Incentive Program, to write
contracts with them, and my problem is that I am afraid that the
program is going to suffer and go down instead of improving.
Mr. Montgomery. Thank you. Thank you very much.
Mr. Hutchinson.
Mr. Hutchinson. Thank you, Mr. Chairman.
I also want to commend you for your commitment and your dedi-
cation and the work that you do, and thank you for your presenta-
tion today.
Mr. Monteforte, let me go over some of these figures that you
gave on the time period that you referred to. What was it, 1992?
Was it 1,155 evaluated? Is that correct?
Mr. Monteforte. Yes, sir.
Mr. Hutchinson. Go ahead and run through those numbers
again. How many, based upon the evaluation, were brought into
the rehabilitation program?
Mr. Monteforte. We wrote IWRP's, developed IWRP's, or con-
firmed IWRP's — and when I say confirmed, these are people who
maybe had IWRP's before and were in the program, and we have
brought them back in for reevaluation. We confirmed or wrote or
developed IWRP's for 715.
Mr. Hutchinson. How many of those actually went ahead and
entered into the rehabilitation program?
Mr. Monteforte. I would guess almost all of them, sir.
Mr. Hutchinson. And there were 76 rehabilitated?
Mr. Monteforte. Seventy-six were rehabilitated during fiscal
year 1992.
Mr. Hutchinson. And what is the definition of rehabilitated?
They were employed? They went through the program and were
employed?
Mr. Monteforte. Yes, sir, for a period of at least 60 days with
follow-up in an objective that they closely trained for.
Mr. Hutchinson. Okay. Can you tell me how many actually
dropped out in the course of the program?
Mr. Monteforte. During that same year?
Mr. Hutchinson. Yes, out of those 715.
Mr. Monteforte. I don't have those figures, but I can tell you
that when I came to Roanoke in 1991 we were running about 27
percent that were in an interrupted status, and over the past 2
years we have been able to reduce that to under 20 percent. So
over the course of 2 years, we have been actually putting fewer
people into an interrupted status, but I don't have those figures
based on that same period of time.
Mr. Hutchinson. All right. Apart from the high caseload, have
you been able to evaluate what contributing factors there may be?
16
Mr. Monteforte. Yes. I made some notes. In preparation for my
appearance here today, what I did is, I called about 12 or 13 of my
colleagues, and I asked them, if they had the same opportunity,
what would they tell you about the program, and one of the things
that they said or commented on was this number that interrupt,
and I got some reasons.
The reason that my colleagues tell me and I have experienced
also is that these folks get jobs because they have to support their
families and they can't do it on the subsistence allowance that they
receive from voc-rehab. They have families, they have debts. They
realize that voc-rehab will not support their families while they ac-
tually train for a period of time. Their medical conditions aren't
stable, they have to go back into the hospital, so they interrupt for
those types of reasons. They relocate to other States, especially
those that come out of the DTAP program. They will be in the
Tidewater area for a few months and enter a program, and then
they interrupt, or they interrupt the evaluation process to go back
home somewhere else.
The process is too slow. They can't put their lives on hold for 6,
9, 12 months, waiting to be evaluated. They just have to get on
with their lives.
They have a misperception about voc-rehab. Some of them come
in with jobs and they are pleased with their jobs, but what they are
looking for is personal or professional development to enhance the
job that they already have.
Also, many of them, after they come in and get an orientation to
what the voc-rehab program is, they tend to feel that maybe they
are not disabled enough, that maybe there are more worthy people
out there.
Those are just some of the reasons.
Mr. Hutchinson. That is an excellent answer, and I appreciate
the fact that you have done some work on that and some research.
It would seem to me that there is a big cost in the program when
you have that kind of a drop-out rate, the processing and going
through all of the preliminaries, and if we could intervene earlier
and determine what the cause of that is, it is going to be very
beneficial.
You also raised a little bit the timeliness issue, and that has
come up before. Give me those figures again on the length of time.
Mr. Monteforte. In fiscal year 1991 we were running about 120
days. In 1992 we brought it down to 96 days, time in applicant
status.
Mr. Hutchinson. Would you agree that the timeliness, the speed
with which a person who is in need of these kinds of services can
be brought into that program, is directly related to the likelihood
of success and ultimate placement?
Mr. Monteforte. Yes, sir.
Mr. Hutchinson. So that becomes a critical issue. This isn't
something that is neutral as to when they get in, this is something
that is very critical, that they intervene quickly, that the rehabili-
tation takes place quickly, and the likelihood of ultimate place-
ment in a job is related to that?
Mr. Monteforte. Yes, sir. That is the distinction of the DTAP
program, because you are able to get to those folks and provide
17
that intervention very early in the process. The problem with that
is, you motivate them early, but then they have to wait.
Mr. Hutchinson. I see heads nodding across the table.
And the lines are going in the wrong direction; caseload is in-
creasing; the time length is increasing. Unfortunately, we are get-
ting farther away from the goal than closer.
Mr. Monteforte. Mr. Hutchinson, I am frightened by the poten-
tial growth in the VRS workload over the next 2 years. I just don't
know how we are going to do it.
Mr. Hutchinson. I have other questions, but I appreciate very
much your candid answers, and I share your concern.
Thank you, Mr. Chairman.
Mr. Montgomery. Thank you.
The gentleman from New York, Jack Quinn.
Mr. Quinn. Thank you, Mr. Chairman.
I would like to thank all of you for your testimony here today. I
think the chairman hit it exactly right when he said this informa-
tion comes from the heart. I know when I am home in my home
State of New York in Buffalo, New York, and have a chance to
visit the VA and see the people who are in the field and in the hos-
pitals, the response is the same. I think a 40-hour work week is
very, very rare for any of you who are in this business, and please
know all of us up here appreciate that and truly thank you for it.
My question is not to anybody individually, and maybe one of
you can respond, but the trends that we are hearing today frighten
me as well. As Mr. Vogel even said, the numbers are going in the
wrong direction; cases are up; resources are down. We have been
talking about the resource end of things for about 3 months up
here on the Hill.
The information that you shared with us here today, all of these
facts and figures and numbers and percentages — I have got to be-
lieve that those are reportable. Is there a reporting mechanism
that the VA also has for this information you shared with us this
morning?
Mr. Monteforte. Yes, sir.
Mr. Quinn. So this isn't new news to anybody up here? I am a
freshman on this panel and a freshman Member here in the Con-
gress. But certainly while we appreciate those numbers, it is some-
thing that we have had for a while and will have. Is that right?
Mr. Monteforte. Those figures I reported on number of evalua-
tions, the timeliness standards, is all part of our reporting system,
whether it is our quarterly statistical COIN DOOR report, or COIN
TAR report; yes, sir.
Mr. Quinn. Thank you.
Thank you, Mr. Chairman.
Mr. Montgomery. Thank you, Jack. I enjoyed meeting your
father last night. I notice you didn't bring him to the hearing this
morning.
Mr. Quinn. I'm sorry. Excuse me. You see, my resources are in
the other room, too.
Mr. Montgomery. Last night, I met your father. I notice you
didn't bring him to the hearing this morning.
Mr. Quinn. No, sir.
Mr. Montgomery. Tell him we missed him.
18
We have some other questions, but we will submit those to you.
Thank you very much for coming into Washington. I know that all
three of you are doing an excellent job.
Mr. Monteforte. Thank you.
Mr. Otts. Thank you, Mr. Chairman.
Ms. Hickey. Thank you, Mr. Chairman.
Mr. Montgomery. We will now hear from our veterans' service
organizations. We always enjoy hearing from them. Cliff Dupree is
representing the Paralyzed Veterans of America; Ron Drach, Dis-
abled American Veterans; Bob Manhan is from the Veterans of
Foreign Wars; and William Crandell is representing the Vietnam
Veterans of America.
This might be, Bill, your first time testifying before this subcom-
mittee?
Mr. Crandell. The first time with you; second time; I testified
last week.
Mr. Montgomery. Staff tells me that this group here this morn-
ing is very helpful to her, that you work with Jill and with other
staff members on this vocational education program, and we appre-
ciate it. We need your input.
Who is the ranking fellow out there? We are going by rank here
today.
Mr. Drach. It depends on what you define as rank, Mr. Chair-
man.
Mr. Montgomery. Okay. You can go first.
STATEMENTS OF RONALD W. DRACH, NATIONAL EMPLOYMENT
DIRECTOR, DISABLED AMERICAN VETERANS; CLIFTON E.
DUPREE, ASSOCIATE LEGISLATIVE DIRECTOR, PARALYZED
VETERANS OF AMERICA; BOB MANHAN, ASSISTANT DIRECTOR,
NATIONAL LEGISLATIVE SERVICE, VETERANS OF FOREIGN
WARS OF THE UNITED STATES; AND WILLIAM F. CRANDELL,
LEGISLATIVE ASSISTANT, VIETNAM VETERANS OF AMERICA
STATEMENT OF RONALD W. DRACH
Mr. Drach. Thank you, Mr. Chairman.
Mr. Chairman, I would like to make just a couple of quick com-
ments on the previous witnesses and mention that, from my experi-
ence with working with some of the field staff of the VR&C service,
these three individuals are not atypical. Their sincerity, their hard
work, their dedication, is spread throughout the country in all the
offices.
Mr. Montgomery. You have heard of them?
Mr. Drach. Yes, I have, Mr. Chairman. Yes, I have. I am a prod-
uct of their program. I went through chapter 31 twenty-some years
ago and can attest that is a very good program.
Ms. Hickey mentioned the DTAP and all the work that she is
doing on DTAP, but I don't recall hearing her say that DTAP was
part of TAP, and that frightens me. As you may recall from our
trip down to South Carolina and Georgia a couple of weeks ago,
that question came up about DTAP standing alone. DTAP was not
intended to be a separate program, it is intended to be part of TAP,
and I hope that her DTAP efforts are combined with TAP because
it has to happen.
19
While I am on that subject, in my prepared testimony I make a
recommendation that TAP type services be provided to vocational
rehabilitation clients because they don't get those types of serv-
ices— interview techniques, resume writing. I think there is no or-
ganized program across the board that provides that.
I would also like to point out, you heard some awful statistics,
and there is one that I don't think was mentioned that is also very
scary. Next year, they are scheduled for a 40 percent cut in their
travel allowance. You have already heard they don't have enough
travel money as it is.
I am going to go over a few things real quick, Mr. Chairman.
There is no question in our mind that the bottom line here is, they
need additional resources pure and simple. Without the additional
resources, the problem is going to get worse.
DAV has recommended in the past and will recommend again
that we need to take a look at the chapter 15 program, the one for
the non-service-connected pensioners. We believe that program
does not provide the outcomes that are desired and we could better
use those resources on the chapter 31 program.
We know that in 1980 a major change took place in what voc-
rehab is all about. It went from a 40-year history of providing the
goal of restoration of employability to a new mandate of actual em-
ployment. We had a mind set of providing that restoration and
completing training and that was the end of it, and we need to get
back into the groove here that employment is the main goal of vo-
cational rehabilitation. Without actual employment, Mr. Chairman,
we believe that vocational rehabilitation may be wasted on some
individuals.
I also mention in my prepared text about the employment serv-
ices task group. Back in, I think, 1988 or 1989 I identified 36 prob-
lems in the employment services arena. We wonder what happened
to those recommendations. Does that task group still exist? Have
they met since 1988? and, if so, how many times?
We heard in the GAO study about the lack of formal training.
Several of the individual staff that were interviewed in the GAO
study said that there has been no formal employment services
training. Section 3118 of title 38 requires the Secretary to provide
ongoing training and development, and we wonder what is being
done under that. I know Dr. Wyant responded in part, but I am not
sure that that goes far enough. I think there are some academic
programs out there that are non-degree oriented that some of the
staff could possibly take, particularly the VRS's who may have no
training at all in vocational rehabilitation or employment services,
and we think that could be done.
I don't know whether this is going on or not, but I didn't hear it
mentioned. I know it didn't occur necessarily with me 25 years ago,
but the veteran must be made part of the process, and in some
cases where it was being done you had a much higher success rate
in employment services being provided as well as placement. The
veteran must have a stake in the outcome of his or her final reha-
bilitation program.
I think there are additional resources out there that need to be
taken advantage of. There are various programs. Several of the
people interviewed in the GAO study said that they don't use
20
DVOP's. I mean that is absolutely incredible. The law requires
DVOP's be used. As a matter of fact, DVOP's first priority is for
chapter 31 clients, and for an office not to be using DVOP's is cer-
tainly mind-boggling to me, Mr. Chairman.
Back in 1979, the VA put out a circular, and I don't know if it
has ever been updated, but it was a directory of various programs
available for employment of veterans, and I would like to recom-
mend that they take a look at that circular, and if it hasn't been
updated, get it updated, because there have been new programs
since that time.
We are happy to hear Dr. Wyant say that the qualification
standards for vocational rehabilitation specialists is hopefully in
the final stages of being adopted. I may not be as optimistic as Dr.
Wyant. That has been around for a number of years. I know they
have worked hard on it. The Veterans' Advisory Committee on Re-
habilitation, which I chair, has made several recommendations to
change that, and I hope that that is going to happen.
Mr. Chairman, we have mentioned resources a number of times.
The independent budget, which I know you are familiar with, rec-
ommends an additional 568 staff in order to come up to the needed
level of services. Mr. Chairman, that is almost equal to the number
of the entire staff they had in 1980; 568 are needed.
I was happy to hear that there is more being done on the con-
tract services. I think that can help alleviate some of the problems.
And I looked at some of the other numbers, Mr. Chairman. The
GAO said that 71 percent of the clients dropped out before obtain-
ing suitable employment; 36 percent of those dropped out before
seeing a counselor on an initial appointment, and 26 percent
dropped out after seeing a counselor. If you add those two together,
it comes up to 62 percent.
So that leaves 9 percent that dropped out after being enrolled in
the program, and I am not sure whether the glass is half full or
half empty when you look at that. But why 36? I think the major
reason 36 percent drop out before is the 2-year waiting period. It
becomes very obvious. How long can you wait around to see a coun-
selor to get into a program? The 26 percent, after they see a coun-
selor, I don't know. I am not sure what that could be attributable
to.
Case management is very, very important. As Mr. Otts said, they
don't do case management, they do crisis intervention. Totally un-
acceptable. On the medical side, I don't think they know what case
management means. The advisory committee that I mentioned ear-
lier did a separate study on case management and have submitted
it to the administration several years ago, and the bottom line is
that case management is not being implemented properly, particu-
larly on the medical side, and we believe that needs to be done. We
think that if you have a proper case management system on both
the benefits side and the health care side that a lot of the problems
can be abated, can be avoided, can be early intervened, and hope-
fully averted.
I think my last comment, Mr. Chairman, is, you mentioned the
need for support from the military. I think that is very crucial for
the TAP/DTAP program. But equally crucial, if not more crucial,
is support from the regional office director. These individuals are
21
not responsible or answerable to Dr. Wyant, they are answerable to
the regional office director, and we think that needs to be changed.
Thank you, Mr. Chairman.
[The prepared statement of Mr. Drach, with attachment, appears
at p. 66.]
Mr. Montgomery. Thank you. That is an excellent point.
Mr. Dupree.
STATEMENT OF CLIFTON E. DUPREE
Mr. Dupree. Good morning, Mr. Chairman and members of the
subcommittee. On behalf of Paralyzed Veterans of America, I want
to thank you for inviting us today to testify.
Mr. Chairman, there is a need to establish a program within
VR&C that is significantly charged with coordinating the employ-
ment of rehabilitated veterans with employers. The success rate
was higher when VA administered its own assistance program
before it was farmed out to State employment DVOP's, and there
were several reasons for this. Emphasis was on job placement for
disabled veterans, and their return to employment related to their
rehabilitation, and VA personnel were dedicated to their responsi-
bility of successfully matching rehab veterans with employment,
and their efforts were not diluted with other unrelated detail as-
signments, and veterans received fast action.
One of the most frequently heard complaints from disabled veter-
ans around the country is the current inadequacy of employment
opportunities. In light of budget constraints faced by VA, PVA
would suggest utilizing a work-study employee under supervision of
VR&C; his/her responsibilities would be to maintain a list of reha-
bilitated and potentially rehabilitated veterans as well as a list of
approved employers within the State. It will be necessary to main-
tain contact with veterans and employers to help coordinate and
meet each group's needs. Rehabilitation achieved through training
paid by the VA is of no substance if veterans are not able to utilize
the skills they have acquired.
Vocational rehabilitation should be one of the highest priorities
of the Department of Veterans Affairs for the severely disabled
veteran. In the context of catastrophic spinal cord injury, rehabili-
tation is a process by which medical, psychological, and social func-
tions are restored or developed to the level which permits an in-
jured person to achieve personal autonomy and an individual, non-
institutionalized life style.
According to vocational counsel professionals, the real lack of
timeliness between application for services and the initial face-to-
face counseling contact has two diverse effects on the disabled vet-
eran. First, the applicant's level of motivation and morale is re-
duced as delays produce the impression that the system is unre-
sponsive and uncaring; and, second, a person who has become dis-
abled is prone to depression and increasing psychosomatic symp-
toms, a tendency made worse by lengthy delays. These adverse ef-
fects make it more difficult to achieve the primary objective of voc-
rehab, the veteran's successful re-entry into competitive employ-
ment and to becoming productive, tax-paying members of society.
22
PVA recommends that Congress establish and VA meet timeli-
ness standards since voc-rehab services directly represent our Na-
tion's commitment to service-connected disabled veterans and those
who sacrifices deserve the highest priority.
Once a veteran has completed voc-rehab, the VA should vigor-
ously assist the veteran to find employment, gainful employment.
Disabled veterans who are given the opportunity to participate in
voc-rehab contribute to the Federal, State, and local tax base
rather than becoming dependent on them.
In October of 1992, the Disabled Income Systems, Incorporated,
in cooperation with the Paralysis Society of America, released a
study called "The consequences of traumatic spinal cord injury,
analysis of post-injury employment patterns." The spinal cord in-
jured persons injured at age 18 to 64 represent 147,000 Americans.
This group best represents those individuals who would face em-
ployment decisions after their injuries.
This survey analysis of post-injury employment shows that the
average months that an individual with SCI was not employed im-
mediately after injury exceeded 60 months. Under this survey, dis-
abled veterans remained unemployed an average of 90 months im-
mediately after injury, and no other demographic group under age
65 of any size has such a small proportion working.
The physical challenge of a disability is not the only reason indi-
viduals cannot find work or gain the experience or educational op-
portunities necessary to start a business. The Congress and the
American people are trying to change both the physical barriers
and the environment and attitudinal barriers in society that have
challenged people with disabilities.
The Americans with Disabilities Act enacted in 1990 made major
strides in directing the Nation to help overcome the devastating ef-
fects of discrimination against persons with disabilities.
Mr. Chairman, this concludes my testimony. I will be happy to
answer any questions you may have.
[The prepared statement of Mr. Dupree appears at p. 81.]
Mr. Montgomery. Thank you.
Mr. Manhan, we will recognize you now.
STATEMENT OF BOB MANHAN
Mr. Manhan. Thank you very much, Mr. Chairman. It is a pleas-
ure for the Veterans of Foreign Wars to be here this morning.
Our written testimony contains the overall same statistical infor-
mation cited by Mr. Vogel and Dr. Wyant.
Mr. Montgomery. Without objection, all these statements, in
full, will be put in the record.
Thank you.
Mr. Manhan. Yes, sir.
Rather than repeat the same statistics that we have already
heard, that the workload is increasing, that the vocational rehabili-
tative service people are falling further and further behind, I will
elect to stress only that portion of our testimony that discussed the
vocation rehabilitation services' fiscal year 1994 budget request.
It is interesting to note that Dr. Wyant and his people are re-
questing a total of $37,400,000 in fiscal year 1994, but that %ure
will pay for 714 people, some 18 fewer professional staffers, as Mr.
Vogel has already testified. It does look like, compared to the 1993
budget request, the Veterans Rehabilitation Program (VRP) will
get almost a third of a million dollars more in personnel costs, but
it will actually be absorbed in the COLA and the government's por-
tion of fringe benefits — insurance, pensions, and so forth.
Another important thing regarding the budget request is that
VRP is going to receive some $42,000 less in the future in their
travel account and some $24,000 less in what they call their "other
services" account.
Based on everything we have heard this morning, particularly
from those people in the field stations, the VFW strongly believes
that the voc-rehab people need more money in their travel account
in order to just keep up with the home-bound veteran; that serious-
ly disabled veterans who is in voc-rehab training somewhere and/
or in the process of seeking employment or working, say, at some
job within his first 30 to 60 days. The VFW has recommended, al-
though I realize this is not an appropriations committee, that at
least another $500,000 is needed in that account.
With this, I will close my statement. Thank you very much, Mr.
Chairman.
[The prepared statement of Mr. Manhan appears on p. 85.]
Mr. Montgomery. I thank you very much, and you are repre-
senting the VFW.
I meant to mention Mr. Drach going on that trip with us, and
Tim Hutchinson and myself and others were there. It is an excel-
lent way to get out and find out what is going on. I am sorry some
of the other veterans' organizations didn't go with us, but the De-
fense Department made a very poor ruling on who should pay for
flying on these airplanes and who shouldn't. That was a mistake by
the Defense Department, and we hope that won't happen again.
But when we invite you to these — and we don't do many of them,
we probably should do more — I think Ron would say it is really the
bottom line. You are out there talking to the folks about what is
happening.
The chair would like to recognize the gentleman from the Viet-
nam Veterans of America, Mr. Crandell.
STATEMENT OF WILLIAM F. CRANDELL
Mr. Crandell. Thank you, Mr. Chairman. Vietnam Veterans of
America also appreciates this opportunity to discuss the vocational
rehabilitation program.
If there is a single point from my written testimony that we
want to underscore in our appearance here this morning, it is that
vocational rehabilitation, helping disabled veterans to train for
obtain jobs, is too important to be managed as unwisely as we do it
today. We have a program that is full of competent, caring people,
not enough of them, the professionals who work here, and yet
three out of four veterans who qualify for the program end up
more discouraged than when they began. They deserve better.
Nobody would guess from looking at the program's product that
VA seriously intends to train disabled veterans for employment
and help them find it. The statistic that jumps to our mind of all of
24
the problematic statistics that we have heard is that 5 percent are
considered rehabilitated. That is a terrible figure.
Clearly, the program needs more staff. But three other things
make this program so unsuccessful: its lack of outreach and respon-
siveness, its wrong-headed management tools, and its unwillingness
to give seriously disabled veterans the special attention that Con-
gress has mandated.
VA does minimal outreach for the program, which is understand-
able given its current caseloads, and yet there is a requirement in
the 1980 Veterans' Education and Rehabilitation Amendments for
phone calls, personal letters, and visits for seriously disabled veter-
ans that is ignored.
As is true elsewhere in the VA, particularly in the regional of-
fices, management standards for measuring service in the program
are wrong-headed. When the program rehabilitates only 5 percent
of its eligible applicants and simultaneously rates 90 percent of its
field offices as meeting or exceeding VA quality efforts, there is
something wrong with the standards.
By refusing to distinguish between veterans with minor disabil-
ities and those who are seriously disabled, VA encourages doing as
little as possible for those who need the most help, and this is
clearly true with the caseloads we are talking about. Precisely be-
cause seriously disabled cases take more work, the current manage-
ment system rates the staffer who handles a lot of these cases as
less efficient than the one who takes easy cases.
The 1980 amendments also authorize VA to use contract agencies
for job placement, and where that has been done, paying only when
the veteran receives a job, it works. We feel the Secretary must
mandate this. Neither the State rehabilitation agencies, which vary
widely in quality, nor the labor exchange operated under the U.S.
Department of Labor provide a satisfactory alternative.
The great failing of the labor exchange is that they reach so few
employers. To a great extent, capable workers stay away from the
job service because they can't find good jobs there, and employers
stay away because the best workers do. It is a vicious circle, and
disabled veterans are stuck in it.
Although WA supports the GAO recommendation that VA es-
tablish effective working relationships with such agencies as DOL,
the use of contracting agencies ought to be strongly encouraged.
Mr. Chairman, our disabled veterans have given more to this
Nation than most living Americans, and the sacrifices of the seri-
ously disabled are the greatest. We have grown all too accustomed
to VA programs that discourage veterans rather than help them
when the value of helping veterans live normal, productive lives is
clearly good, economic sense as well as our moral responsibility.
Thank you for this opportunity.
[The prepared statement of Mr. Crandell appears at p. 88.]
Mr. Montgomery. Thank you very much.
If each one of you would answer this question, and if you would
make it brief, I would appreciate it.
What is the main problem that you see facing the VR&C? Which
is the most serious problem that you see out there? I think you
said it in your testimony, but I would like to pin it down more.
25
Mr. Drach. Mr. Chairman, if I may, increased workload and
dwindling resources.
Mr. Manhan. VFW will probably give you the same answer, but,
more concisely, a lack of money to do what you charge VA to do in
chapter 31, Mr. Chairman.
Mr. Dupree. Yes, sir, I agree with the other two gentlemen. It is
the same problem.
Mr. Crandell. WA also agrees with that, but we also want to
just point out that, with the management problems, you are still
going to have some serious problems if we do a serious staff expan-
sion, which we need to do.
Mr. Montgomery. Comparing the State/Federal rehabilitation
programs, what is the quality of service from the VA vocational re-
habilitation, say, compared to the State?
Mr. Drach. Mr. Chairman, I have something in my prepared
statement about that. It saddens me because years ago, I remem-
ber, when I was a member of the National Rehabilitation Associa-
tion, how envious the State voc-rehab people were of the VA, what
a great program the VA had, and that it was second to none, and
the States just said, "I wish we could have the same type of pro-
gram." Now we see the VA itself in several medical centers that
were in the GAO study would rather use the State system than the
VA system. That is a sad commentary.
I don't have any data or any information, but I am not so sure
that the State system is much better other than a relatively much
lower caseload than what the VA has. I have not seen any evidence
that the State necessarily emphasizes employment services any
more than the VA does. So, given that, that is my limited experi-
ence with it.
Mr. Montgomery. Thank you.
Mr. Manhan. The VFW agrees with everything Mr. Drach of
DAV said. Perhaps we are too bureaucratic now in the Department
of Veterans Affairs when it comes to the entire issue of processing
claims. This is an administrative luxury perhaps State and local
governments cannot afford.
I think the private sector may be the key to the future. They are
stripped down, they are streamlined, they are motivated for profit,
and they may do a better job in some aspects, and maybe the civil
service should look at itself.
Thank you, Mr. Chairman.
Mr. Drach. Mr. Chairman, if I may just piggy-back on that for a
second, I don't disagree with Mr. Manhan, but I would like to point
out that private rehab agencies, for the most part, take clients
from insurance companies, and there is a real financial motivation-
al incentive to get those people back to work. As was indicated in
the GAO study, contract services in private rehab agencies, for the
most part, get paid only for success. So that side of it is good, but I
think their success has been, they have been able to cream.
Mr. Montgomery. Any other comments?
Mr. Hutchinson.
Mr. Hutchinson. Thank you, Mr. Chairman.
Several of you have alluded to the cut in funds for travel. Obvi-
ously, case management and rehabilitation services is not some-
thing you can do sitting in an office, but could you expand as a
26
panel on why you feel that the reduction in the travel funds is so
harmful and why to increase it is so essential.
Mr. Dupree. Yes, sir. From PVA's standpoint, we had our NSO's
send us a list of who was involved in voc-rehab in different regions.
An example I can give you is Nashville, TN. I wish Congressman
Clement was here this morning, but he isn't.
Presently, they have 847 applications for voc-rehab, and they
have a lack of travel expenses due to budget constraints, so any se-
verely disabled veteran who is not able to travel because of medical
conditions would not be given the opportunity to see a counselor
because they can't get to the regional office because of the cuts in
the expense, and that is important.
I mean that is what voc-rehab is for, to rehabilitate people who
need it. So if I can't be there, to the regional office, then I have no
opportunity. I mean I can knock at the door, but somebody has to
be there to answer it.
Mr. Drach. Yes, sir. Dr. Hickey mentioned pretty extensively
her outreach efforts, and the gentleman to my right also men-
tioned the outreach requirements. You can't do outreach without
getting out of the office, number one. Number two, with the added
responsibilities of DTAP, DTAP is not conducted in the regional of-
fices, as you well know, Mr. Hutchinson.
I guess it gets down to putting the emphasis where. I mean if you
give them more outreach responsibility and then compel them to
do more outreach, the workloads are going to increase. So I am not
sure where you put this all into perspective and balance, but I
think as long as we want them to do the kind of job that they need
to do, which includes getting out, if you can't get the client in to
receive the services, you have got to take the services to the client,
and that is all part of the outreach effort, sir.
Mr. Hutchinson. Okay. I think probably my question ought to
be directed to Mr. Vogel, and I will just submit it for the record
that, with a cut in funds for travel, how are you going to accom-
plish DTAP and how are you going to accomplish case manage-
ment?
Would you like to respond to that now?
Is that all right, Mr. Chairman?
Mr. Montgomery. Yes, sir.
Mr. Vogel. Mr. Hutchinson, the 1994 budget is not yet law, so
we are looking at the prospect now of a 40 percent or thereabouts
cut in travel. We don't have that yet. We will wait for the action of
the Congress to determine what our appropriation is. But I think it
is safe to say that there will be less travel next year than there is
this year absent different action from the Congress.
We have a directors conference next week in Baltimore, and that
is an issue that is going to come up. Dr. Wyant and I will raise the
issue about the utilization of resources and travel. Travel for us in
a lot of other program areas is training, and training provides uni-
formity and efficiencies. We are keenly interested.
But the numbers are not set yet, is the short answer to the ques-
tion, Mr. Hutchinson.
Mr. Hutchinson. Thank you for that.
Mr. Montgomery. Would the gentleman yield?
Mr. Hutchinson. Yes.
27
Mr. Montgomery. I want to commend Mr. Vogel and Dr. Wyant
for staying here this morning.
Before you came to the Congress, witnesses would come up here
and, after they had testified, they would run out the door. I got the
message through that they need to stay here. With Mr. Vogel stay-
ing here, we have gotten some other information that we needed.
Mr. Hutchinson. Thank you, Mr. Chairman, for that institution-
al history. I needed that.
And I do appreciate, Mr. Vogel, your staying around, and I would
only say that it would seem to me that if a travel budget is very
justifiable, it would be in the area of the rehab and the DTAP pro-
grams, it is certainly critical there.
That will lead me to a real broad question for the panel: What
must be done by the Congress, by the administration, and by the
VSO's to get and to obtain the resources that VR&C clearly, from
the testimony today, needs? What are your recommendations? That
is pretty broad.
Mr. Drach. Well, let me try to take a stab at it, Mr. Hutchinson.
I have been around Washington long enough to realize that we are
not going to get the needed resources to the extent that they are
needed; we may get something.
I know Mr. Montgomery several years ago was very instrumental
in getting additional staff. I just don't know how much we can rely
on getting this time around.
As I indicated, the independent budget requested an increase of
about 568 new employees. I am realistic enough to believe we are
not going to get that many people.
So I think the Congress needs to look at what they feel is ade-
quate, given the budget reconciliation process and everything, what
they can do to put that money in, additional money and resources
in. I think the veterans' service organizations can do our part by
contacting the Appropriations Committees, outlining some of these
problems and concerns, and letting them know of our support for
additional resources.
I think the VA needs to take a hard look at what GAO has rec-
ommended, what we have recommended here today. There are a
lot of things that they can do administratively, and I think with
the combination of the three efforts we may see some increased
services, a little lessening of some of the problems, but the bottom
line, sir, is that we just need additional resources and until such
time I don't think it is going to get any better.
Mr. Hutchinson. Would anybody else like to comment on that?
I appreciate that answer.
Mr. Manhan. It was a very tough question, Mr. Hutchinson. I
will give you a very hard answer. Congress maybe should look at
VA itself. Are they performing functions that are not necessary
any more? Or, I will turn the coin over and say, let's prioritize the
most important things, and let's not take the first cuts out of veter-
an entitlements. Are there blocks of employees, good people, in the
VA who are no longer serving a veteran function? They represent
an awful lot of dollars in overhead.
For example, we used to have a construction element within the
VA. Due to many years of problems, construction issues have been
28
shifted elsewhere, but VA still has a large construction staff still
around.
Another area: The VA IG tells us that many bad contracts have
been let out, authorized, throughout the entire VA system, and
every year they will tell us it adds up to millions and millions of
dollars that could have been better spent. If we know about it,
maybe this is something Congress wants to do by correcting these
soft spots.
Thank you, Mr. Hutchinson.
Mr. Montgomery. Would the gentleman yield?
Mr. Hutchinson. Yes, Mr. Chairman.
Mr. Montgomery. For the record, if you could give us some
other areas where there might be surplus personnel, we would cer-
tainly like to have your input on that.
Mr. Manhan. Yes, Mr. Chairman.
Mr. Montgomery. You just mentioned one area, and, of course,
we know about contracts. All Government agencies haven't done a
very good job on contracting out.
Mr. Hutchinson. Yes, thank you, Mr. Chairman. I think that is
exactly right. The criticism that you level and the concern you
level is what most people feel about government in general, that
too often it is not services to people that are provided, it is the
overhead, and it needs to be continually examined. I think those
specifics that you could provide would be very helpful.
Mr. Montgomery. Would the gentleman yield again?
Mr. Hutchinson. Yes, sir.
Mr. Montgomery. We would hate to get into the position the Ag-
riculture Department is in now that you see every other night
something about six staff people in the Agriculture Department
taking care of five farmers. We certainly don't want that to come
up and hit us.
Mr. Hutchinson. Absolutely. I want to thank the panel.
I think that is all the questions I have, and I will yield my time,
Mr. Chairman.
Mr. Montgomery. With that, I think it has been an excellent
hearing. We want to thank our witnesses this morning. The sub-
committee now stands adjourned.
[Whereupon, at 11:04 a.m., the subcommittee was adjourned.]
APPENDIX
Prepared statement of Chairman Montgomery
The Subcommittee will come to order. I want to welcome all of you here today.
We are meeting this morning to examine the implementation and effectiveness of
the vocational rehabilitation program for service-connected disabled veterans. This
program is contained in chapter 31, title 38, United States Code. The program's pur-
pose is to enable disabled veterans to become employable, to obtain and maintain
suitable employment, and to achieve maximum independence in daily living.
Congress places a high priority on vocational programs and services for those who
suffer disabilities while serving in our Armed Forces. Vocational rehabilitation as-
sistance was provided as far back as 1917, when Congress enacted the War Risk In-
surance Act. This measure included a vocational rehabilitation program for disabled
veterans of World War I. Similar programs established for veterans of World War
II, Korea, and Vietnam, and peacetime veterans who suffer disabilities while serv-
ing in the military are eligible for vocational rehabilitation services.
The responsibilities of the Vocational Rehabilitation and Counseling Service
(VR&C) have increased significantly since 1980 when the Chapter 31 program was
modified. Public Law 96-466, the Veterans' Rehabilitation and Education Amend-
ments of 1980, shifted the focus of the Vocational Rehabilitation Program from
simple restoration of a veteran's employability to assisting and enabling a veteran
to attain and maintain suitable employment — the ultimate goal of rehabilitation.
In addition to its responsibilities for service-connected veterans, the VR&C Service
provides rehabilitation services to non-service-disabled pensioners.
Additionally, VR&C provides educational and vocational counseling to active duty
servicemembers who are within 6 months of separation, veterans who have been out
of the service for no more than 12 months, and individuals who are participating in
a variety of VA programs.
Finally, VR&C staff play a critical role in the implementation of the Transition
Assistance Program and the Disabled Transition Assistance Program.
Clearly, the VR&C plate is very full. Statistics regarding the timeliness, and con-
sequently the quality, of vocational rehabilitation services provided to service-con-
nected veterans are disappointing and cause for real concern. Our fist national obli-
gation and commitment is to those disabled in service to this country. The Vocation-
al Rehabilitation Program must be strong and vital if we are to meet that commit-
ment. Unfortunately, because of the serious budget situation, resources are limited.
Accordingly, we must look for ways to improve delivery of services within the re-
strictions of available funding.
Last fall, the General Accounting Office released two reports related to the voca-
tional rehabilitation program. These reports recommend several program adminis-
tration changes that involve no costs but would result in improved benefit delivery.
I look forward to hearing VA's response to these GAO suggestions.
Before hearing from our first witness, I will yield to the Ranking Minority
Member of the Subcommittee, Tim Hutchinson.
(29)
71-902 0-93
30
SUMMARY OF GAO REPORT VOCATIONAL REHABILITATION;
VA NEEDS TO EMPHASIZE SERVING VETERANS WITH
SEWIODS EMPLOYMENT HANDICAP
Purposes i
(1) To examine the Department of Veterans Affairs' (VA's)
vocational rehabilitation program to determine whether VA is
providing the special services that are required to be given to
veterans with serious employment handicaps.
(2) To review employee productivity standards to determine
whether they include the provision of these services.
Background:
The vocational rehabilitation program provides
rehabilitation and counseling services to veterans with serious
employment handicaps to aid them in obtaining and maintaining
suitable employment. Veterans are entitled to vocational
rehabilitation services if they have a 20 percent or higher
service-connected disability and an employment handicap, or a 10
percent service-connected disability and a serious employment
handicap. VA served 35,000 disabled veterans and spent
approximately $145 million under the vocational rehabilitation
program in FY 1991. Program costs for FY 1992 increased to
approximately $197 million.
The Veterans' Rehabilitation and Education Amendments of
1980 made the following changes in the vocational rehabilitation
program: (1) provide special outreach to veterans having
disability ratings of 50 percent or higher and are less than 56
years of age; (2) give special priority in scheduling initial
counseling and evaluation appointments to applicant veterans that
are considered most likely to experience serious employment
handicaps to allow them to be seen within 21 days after their
initial application to the program; (3) indefinitely extend the
period of eligibility within which the training must be started
(usually 12 years after the date of discharge or the date VA
makes a disability determination) and extend the duration of the
rehabilitation program (usually 4 years); and (4) pay for
license fees and employment-related equipment for eligible
veterans .
Research Methodology
In assessing the services provided to disabled veterans, GAO
researchers: (l) contacted officials in VA's central office, nine
field offices that administer the vocational rehabilitation
program, and nine VA medical centers near to each of the field
offices; (2) reviewed randomly selected files of 100 veterans
from four field offices; and (3) reviewed pertinent laws,
regulations, and field office procedures manual.
31
At VA central and field offices, GAO researchers discussed
with staff: (1) whether outreach efforts were being made to
veterans with the greatest potential for serious employment
handicaps; (2) whether the required mandated services were being
provided, and (3) how employee productivity was measured. At
medical centers, VA officials were asked whether outreach
activities had been conducted by field offices and whether there
were program participants who potentially could benefit from such
services. GAO officials reviewed the files of program
participants to determine whether required services were
provided. In addition, relevant laws, regulations and VA's
procedures manual were reviewed to identify the guidance for
providing special services to veterans and to determine how
employee productivity was measured.
Findings:
(A) Seven of the nine field offices that GAO contacted made
no additional efforts to contact disabled veterans with
potentially serious employment handicaps. Two field offices
attempted to telephone all veterans receiving a disability rating
of 50 percent or more and who were under 56 years of age, as
required by law. Five of nine vocational rehabilitation field
offices did not maJce special outreach efforts to nearby VA
medical centers where many veterans with serious handicaps were
treated. At four field offices, staff met monthly with local
medical center staff to identify patients who might become
candidates for the program. At eight medical centers, vocational
rehabilitation services were provided through combined efforts of
state, community, and VA medical center programs. This
arrangement is reported to have shorter waiting periods, and is
perceived to be more focused on obtaining employment rather than
training. At five field offices that either did not make
additional personal contacts or outreach to medical centers, VA
officials stated that they were (1) too busy meeting the needs of
program participants; or (2) not comfortable determining who
should get special outreach based upon disability rating.
(B) Nora veterans with serious employment handicaps could be
served if VA followed required procedures.
(C) Veterans with potentially serious employment handicaps
did not always receive priority treatment in obtaining counseling
and evaluation appointments, as required by law.
(D) A review of the case files for 100 veterans revealed no
instance where staff had failed to provide other services
identified in VA's Procedures Manual. These include time
extensions to start and finish programs; extended evaluation
period; and supplies for veterans with serious employment
handicaps .
(E) VA measures productivity by the number of cases that
employees process. None of the field offices surveyed had staff
productivity standards. Thars war* no astablishad standards that
raquirod tha separation of work for vatarans with sarious
employment handicaps from work for lass handicappad vatarans.
(F) Compared with tha percentage of other vatarans in tha
program, there has been a decline in tha percentage of disabled
vatarans with sarious employment handicaps. VA could serve mora
vatarans with sarious employment handicaps if these vatarans were
given priority in appointment scheduling.
(G) Making allowance in productivity standards to recognize
that service to vatarans with sarious employment handicaps
requires additional time and effort say create an incentive for
vocational rehabilitation staff to provide services to these
veterans .
GAO recommends that: (1) emphasis be placad upon services to
disabled vatarans with sarious employment handicaps in outreach
activities and tha scheduling of counseling and evaluation
appointments; and (2) in its employee productivity standards, vx
recognize tha additional time required to provida services to
these veterans.
United States General Accounting Office
CL \f\ Report to the Chairman, Committee on
^-"^ Veterans' Affairs, U.S. Senate
September 1992
VOCATIONAL
REHABILITATION
VA Needs to
Emphasize Serving
Veterans With Serious
Employment
Handicaps
GAO/HRD-92-133
34
GM)
United State*
General Accounting Office
Washington, D.C. 20648
Human Resource* Division
B-250309
The Honorable Alan Cranston
Chairman, Committee on Veterans' Affairs
United States Senate
Dear Mr. Chairman:
Veterans with serious employment handicaps' often have a difB cult time
obtaining and maintaining suitable employment At your request, we have
examined the Department of Veterans Affairs' (va's) vocational
rehabilitation program to determine whether va is providing the special
services that are required to be given to these veterans. In addition, we
reviewed employee productivity standards to determine whether they
include the provision of these special services, va spent about $145 million
on vocational rehabilitation in fiscal year 1991 to serve about 35,000
disabled veterans, including those with serious employment handicaps,
and estimates that fiscal year 1992 program costs will increase to
$197 million.
Background Whiie in the vocational rehabilitation program, a veteran receives a
°^ subsistence allowance, and va pays the service provider for school
supplies, books, tuition, and other services and equipment that may be
required for beginning employment Veterans are entitled to program
services if they have a 20-percent or higher service-connected disability
and they have been determined by va to have an employment handicap.
The program was modified in I9602 to give special services to veterans
with serious employment handicaps, va guidance developed to implement
the 1980 changes requires that special services be given to veterans with
serious employment handicaps. These services include the following:
1. Providing special outreach by making telephone calls, sending personal
letters, and making visits to veterans who have disability ratings of 50
percent or higher and are less than 56 years of age (va considers these
veterans to have the highest potential for serious employment handicaps).
2. Giving priority in scheduling initial counseling and evaluation
appointments to veterans applying to the program whom va considers to
35
have the highest potential for serious employment handicaps so that they
are seen within 21 days after their application is received.
3. Indefinitely extending the eligibility period within which the training
must be started (usually 12 years after discharge from military service or
the date va makes a disability determination) and extending the duration
of the rehabilitation program (usually 4 years).
4. Indefinitely extending the period of evaluation (normally not to exceed
1 year) to determine whether achievement of a vocational goal is feasible.
5. Paying for license fees, such as those for self-employment and essential
equipment for veterans who require homebound training and/or are
self-employed.
Rp<slllt«! in Rripf VA dW not make speckl outreach efforts or give priority in scheduling
rtebUl Lb III Dilci appointments to veterans with potentially serious employment handicaps
in most of the va field offices we contacted. Rather, va sent such veterans
the same information package that it sent all veterans entitled to
vocational rehabilitation services. Also, most field offices scheduled
appointments for veterans, regardless of handicap, on a first-come,
first-served basis, va field office officials told us that they did not provide
the special services to veterans with potentially serious employment
handicaps because of already heavy work loads and because they were not
convinced that providing outreach and scheduling on the basis of a
disability rating always identified the veterans with serious employment
In general, va measured productivity by the number of cases its employees
processed, regardless of employment handicap. Productivity standards did
not recognize, nor are they required to recognize, the unique requirements
of working with veterans who have serious employment handicaps.
Rehabilitation authorities generally agreed that these people required
more complex rehabilitation strategies than less handicapped individuals.
For example, more time was usually needed to develop a viable
rehabilitation plan that serves the special needs of these individuals, and
more types of services were usually required for successful rehabilitation.
If va focused its outreach on veterans with serious employment handicaps,
provided priority in scheduling appointments, and recognized the
additional efforts required to serve these veterans in its productivity
GAO/rTRD-92-133 VA'! Vocational Rehabilitation Program
36
standards, more veterans with serious employment handicaps could be
served by the program. As a consequence, however, fewer veterans who
do not have serious employment handicaps may be served if the same
level of resources is maintained.
Scope and
Methodology
To assess the services v a provided to disabled veterans who have serious
employment handicaps, we (1) contacted officials in va's central office,
nine va field offices that administer the vocational rehabilitation program,
and nine va medical centers in the vicinity of each of the field offices;
(2) reviewed randomly selected files of 100 veterans from four field
offices; and (3) reviewed applicable laws and regulations and va's field
office procedures manual . (See app. I for more information on the offices
we contacted.)
At the central and field offices, we discussed with officials (1) whether
outreach efforts were being made to veterans with the greatest potential
for serious employment handicaps, (2) whether the required special
services were being provided, and (3) how employee productivity was
measured. At the medical centers, we discussed with officials whether
outreach efforts had been made by field offices and whether the centers
had potential candidates who could benefit from the program. The files of
program participants were reviewed to determine whether required
services were provided. The applicable laws and regulations and field
office procedures manual were reviewed to (1) identify the guidance for
providing special services to veterans and (2) determine how employee
productivity was measured.
We conducted our review between August 1991 and June 1992 in
accordance with generally accepted government auditing standards.
VA Makes Limited
Special Outreach to
Veterans With Serious
Employment
Handicaps
Seven of the nine field offices we contacted did not make the additional
personal contacts with disabled veterans who potentially have serious
employment handicaps, as required by va's procedures. Rather, these
veterans received the same outreach as all disabled veterans. After
receiving a disability rating of 20 percent or more under the Disability
Compensation Program, veterans received an information package about
their vocational rehabilitation benefits. The package includes a pamphlet
describing the vocational rehabilitation program, a program application,
and a preaddressed envelope in which to mail the application to the local
va vocational rehabilitation field office.
GAO/HRD-M-133 VA'. \
37
In contrast, the other two offices attempted to telephone all veterans in
their area who had received disability ratings of 60 percent or more and
were less than 56 years of age to inform them of the vocational
rehabilitation program, as required by va guidance.
Five of the nine vocational rehabilitation field offices did not make special
outreach efforts to nearby va medical centers where many of the veterans
who have serious handicaps were treated. Physicians at these medical
centers told us that patients benefit from a vocational rehabilitation
program because a focus on getting back to work was an important
component of successful rehabilitation. Staff at the other four field offices
met once or twice a month with local medical center staff to identify
patients who might benefit from the program or with patients identified by
medical center staff as potential candidates for the program. These offices
and the local medical center staff work well together to help get patients
into the vocational rehabilitation program at the opportune time.
Officials at eight medical centers told us that some vocational
rehabilitation services were provided for severely disabled veterans by
state and community programs and va medical center based programs.
Officials at these centers said that other programs were used rather than
va's vocational rehabilitation program because (1) veterans have to wait
too long to enter va's program and (2) veterans and medical center staff
often perceive va's program as primarily for training, when patients want
more of a focus on obtaining employment More than 25,000 veterans who
had a disability rating of 50 percent or more were inpatients at va medical
centers in fiscal year 1991.
The principal reasons cited by officials at the five field offices that either
did not make additional personal contacts or special outreach at medical
centers were that they were (1) too busy meeting the needs of program
participants3 and (2) not comfortable deciding which veterans should get
special outreach based on a disability rating. In general, officials who were
not comfortable basing outreach efforts solely on disability ratings felt that
ratings did not always identify veterans most in need of services.
More veterans with serious employment handicaps could be served by the
program if va followed its procedures. We note that there has been a
steady decline in the percentage of veterans with disability ratings of
50 percent or higher who have applied for and have been served by the
GAO/HRD-92-1SJ VA'. Vocation*! BcJubUltatioa Profram
38
program since 1986. By contrast va's population of veterans receiving
disability compensation who have a 50 percent or higher disability rating
has remained stable since 1985.
Counseling
Appointments Not
Prioritized, but Other
Required Services
Were Provided
Veterans with potentially serious employment handicaps did not always
receive priority treatment in getting initial counseling and evaluation
appointments when they applied to the program, as required by va
guidance. Seven of the nine field offices we contacted scheduled initial
appointments on a first-come, first-served basis, regardless of disability
rating. Two offices were trying to give veterans with potentially serious
employment handicaps priority treatment by scheduling them into the
times of veterans who had canceled appointments. By using this system,
these offices attempted to see veterans with the greatest potential for
serious employment handicaps within 21 days after their applications were
received, as required by va guidance.
Officials at five field offices that were not providing priority scheduling, as
required by va guidance, told us that they were (1) not convinced that
veterans with a 50 percent or higher disability rating were in greater need
than less handicapped veterans and (2) concerned that veterans with less
severe disabilities may not receive needed services if priority
appointments were made. Officials at the other two offices not providing
priority scheduling told us that this was not necessary because all
veterans, regardless of their disability ratings, received appointments
within 21 days after their applications were received by the Vocational
Rehabilitation and Counseling Division. The time it takes other regional
office divisions to process applications is not included in the 21 days.
va's Procedures Manual identifies other services — the extensions of time
for starting and finishing the program, the extended evaluation period, and
the additional supplies and services — required for veterans with potential
serious employment handicaps. Our review of case files for 100 veterans
did not identify any instances where the required services were not
provided, when appropriate.
GACVHKD-St-IM VA. 1
Employee
Productivity
Standards Do Not
Differentiate Between
Services Provided to
Seriously
Handicapped Veterans
and Other Veterans
In general, va measures productivity by the number of cases that
employees process. None of the nine field offices we contacted had staff
productivity standards, nor are any required, that separated work for
veterans with serious employment handicaps from work for those less
handicapped Yet rehabilitation officials generally agree that veterans with
serious employment handicaps require more complex rehabilitation
strategies than those who are less handicapped. For example, counseling
psychologists usually need more time to develop a viable rehabilitation
plan that will serve the individual needs of veterans with serious
employment handicaps, and vocational rehabilitation specialists must
usually provide more types of services to successfully rehabilitate these
veterans. Supervising officials at seven of the nine field offices were
concerned that staff may be reluctant to adequately service these veterans
because the productivity standards make no special allowance for the
complexities of servicing veterans with serious employment handicaps.
Conclusions
The percentage of disabled veterans with potential serious employment
handicaps has been declining when compared with percentage of other
veterans in the program. In our view, doing the required outreach and
giving appointment priority could result in the program serving more
veterans whom the Congress has designated as requiring priority.
However, fewer veterans with lower disability ratings may be served if the
same level of resources is maintained. In addition, recognizing in va's
employee productivity standards that veterans with serious employment
handicaps take additional time and effort to service could create more
incentive for vocational rehabilitation staff to provide assistance to more
of these veterans.
Recommendations
We recommend that the Secretary of Veterans Affairs reemphasize to va
field offices that disabled veterans with serious employment handicaps are
to be (1) provided special outreach services and (2) given priority when
scheduling initial counseling and evaluation appointments. We also
recommend that the Secretary recognize the additional time required to
provide services to these veterans in the employee productivity standards.
40
At»onr»v P*-kTnm«ant« In commenting on a draft of this report, the Secretary of Veterans Affairs
Agency ^unuueuu> concurred with our recommendations; provided us with a plan to
implement them; and suggested changes in the report, which we
incorporated as appropriate (see app. H). The Secretary said that, in
contrast to our findings, nationwide survey results indicated that field staff
were in general compliance with va policy and were conducting special
outreach efforts to veterans with potentially serious employment
The Chief of va's Vocational Rehabilitation Operations and Program
Coordination, the office responsible for field office surveys, told us that
va's statement about a nationwide survey actually refers to va's
interpretation of the results of surveys conducted periodically (about
every 2 or 3 years) at individual rehabilitation field offices. Officials in va's
Vocational Rehabilitation Service told us that their position that field staff
were in general compliance with the special outreach policy was based on
their observations and recollections that few surveys had reported
noncompliance with the policy. These officials acknowledged that they did
not have supporting documentation that the outreach policy was being
complied with.
We are sending copies of this report to interested congressional
committees, the Secretary of Veterans Affairs, and other interested parties.
If you have any questions about the information reported, please contact
me at (202) 512-7215. Other major contributors to this report are listed in
appendix m.
Sincerely yours,
Joseph F. Delfico
Director, Income Security Issues
41
Appendix I
Locations of Offices Contacted by GAO
Local medical facilities
Field office*
Medicaid
Blind rehab,
center
Spinal cord Injury
center
Traumatic brain
Injury center
Veterans' files
reviewed
Atlanta
X
X
X
Chicago
X
X
X
Hartford
X
X
Houston
X
X
Montgomery
X
X
St. Petersburg
X
X
San Diego
X
X
X
San Francisco
X
X
X
X
Seattle
X
X
X
42
Comments From the Department of
Veterans Affairs
U. S. Go
4410 Stmt, NW
Wuhinron, DC 2054*
VOCATIONAL REHAM1JTATION; VA I
I (GAO/HXD-92-1 33) ud
[ of Vernal Affiin (VA) an Brenpnen its
pptoymem tawlinpt I MM your case file i
1 vocericml ifiaNliariwi mvico i
, I do believe we en improve on die o
43
44
Co— — Prom the Depvtaaeat c
DEPARTMENT OF VETERANS AFFAIRS COMMENTS TO
OAO DRAFT REPORT. vnrATinN«.R«MAItnJTATinN; vtlto*
id FimHttHif Staring Vttna Witt Satan Eiwilnrnn* ninrilnm
(GAO/HRD-9MJ3)
Canon - The Veteran Benefit! Administration (VBA) will review
outreach procedures regarding veterans with mywrt employment handicaps to all field staff in
their monthly nationwide rastline call. TT^ffci** su—fit« niwftnr sjsjja^alDj' i*wplyr»fnting this
recommendiuon by September 30. 1992. During the next year, VBA will explore ways to
the next 9 months. VBA
should be completed by October 31, 1992. In addition, during t
GAO also recommends that I recognize the
these veterans in employee performance stan
Concur - During the next several months, VBA
revise them, a
June 30, 1993
45
DEPARTMENT OF VETERANS AFFAIRS COMMENTS TO
OAnn»AFT»BPn»T vnrmnwn .minnmiyw- vnh*
111 ftrtiilr Srrrhf »— BH Sntan filniwa ■■■—
(GAO/HRD-92-133)
46
Appendix HI
Major Contributors to This Report
Human Rp<?niirrp<? James F- Wabh- Asaistant Di«*tor, (202) 512-7219
niiman IteSOUrceS William A. Hightower, Assignment Manager
DlVlSlOn, Wayne M. Dow, Senior Operations Analyst
Washington, D.C. Charmalne Marshall, Secretary
Atlanta Rpcrinnal Charles R. Taylor, Evaluator-in-Charge
Atiania Kegionai Cynthia D Foitoes Senlor ^uator
Office Troy D. Thompson, Evaluator
Pamela A. Scott, Reports Analyst
47
THE SECRETARY OF VETERANS AFFAIRS
WASHINGTON
A?S 1 5 1993
The Honorable G. V. (Sonny) Montgomery
Chairman, Committee on Veterans'
Affairs
Hous« of Representatives
Washington, DC 20515
Dear Mr. Chairman:
At tha request of former Chairman, Alan Cranston, Senate
Committee on Veterans' Affairs, the General Accounting Office (GAO)
audited VA's Vocational Rehabilitation Program to assess the
services VA provides to disabled veterans who have serious
employment handicaps. GAO reported their findings in their final
report, VQCXTiOMxr. Bf^nTT.TTaTTo»« VA 9*4*9 \9 BWBlmlM Serving
veterans With Serious Bmolovment Handicaps (GAO/HRD-92-133) .
I concur with GAO's recommendations, and the Department's
response to the recommendations is included in the final report.
The enclosure details actions taken and planned to implement GAO's
recommendations .
Sincerely yours,
Jesse Brown
Enclosure
JB/grj
48
Enclosure
DEPARTMENT OP VETERANS AFFAIRS COMMENTS TO GAO
FINAL REPORT, VOCATIONAL REHABILITATION! VA Heeds to Emphasise
Serving Veterans with Serious Employment Handicaps
(GAO/HRD-92-133)
GAO raeoaerads that I reemphasise to VA field offices that
disabled veterans vith serious employment handicaps are to be
provided special outreach services.
While our survey findings generally indicate that field staff are
providing special outreach services to disabled veterans vith
serious employment handicaps, ve agree that additional attention in
this area will enhance our ability to reach seriously disabled
veterans. The following actions have been completed or are planned:
• The VBA reviewed and emphasized proper outreach procedures
regarding veterans with serious employment handicaps to all
field staff on August 20, 1992, in its monthly nationwide
fastline call.
• VBA Vocational Rehabilitation Service will explore ways to
strengthen liaison activities with VA's Veterans Health
Administration (VHA) . We plan completion by September 30,
1993.
• On August 20, 1992, VBA Central Office management
reemphasized to all field staff, via a nationwide fastline
call, the responsibility of all Vocational Rehabilitation
Officers to monitor 707 target control codes for pending
motivational activities.
GAO recommends that I reemphasise to VA field offices that
disabled veterans vith serious employment handicaps are to be
given priority vhen scheduling initial counseling and
evaluation appointments.
It has been our experience that field stations are in general
compliance vith VA policy and procedures regarding priority
scheduling as is necessary to provide timely service to veterans
vith disability ratings of 50 percent or more. However, in order
to further improve compliance vith these procedures, the Vocational
Rehabilitation Service has taken or vill take the folloving steps:
• As part of the August fastline call, VBA Central Office
management reemphasized to all field staff the requirement
for prioritization if appointments cannot be scheduled vithin
21 days.
49
• Include training In issues involved in prioritization in
future inservice training programs. Completion data:
September 30, 1993.
• Require a specific statement regarding compliance or
noncompliance in all surveys of station operations and
follow-up the implementation of corrective action in cases of
noncompliance. Completion date: September 30, 1993.
oao also recommends that Z recognise the additional time
required to provide services to these veterans in the
employee productivity standards.
We agree in principle that additional means of reflecting the time
needed to provide assistance to veterans with serious employment
handicaps would be useful. We plan to do the following:
• Review current performance standards and revise these
standards, if possible, in a manner that accurately reflects
the level of service required to assist veterans who may have
a serious employment handicap. Completion date: June 30,
1993.
50
STATEMENT OF R. J. VOGEL
DEPUTY UNDER SECRETARY FOR BENEFITS
DEPARTMENT OF VETERANS AFFAIRS
BEFORE THE
SUBCOMMITTEE ON EDUCATION, TRAINING AND EMPLOYMENT
COMMITTEE ON VETERANS' AFFAIRS
UNITED STATES HOUSE OF REPRESENTATIVES
May 20, 1993
Mr. Chairman and Members of the Subcommittee:
It is with pleasure that I appear before you today to
review our vocational Rehabilitation and Counseling program,
with particular emphasis on the quality and timeliness of
rehabilitation services to veterans with service-connected
disabilities. Accompanying me is Dr. Dennis Wyant, Director,
Vocational Rehabilitation and Counseling Service.
The enactment of public Law 96-466, the Veterans
Rehabilitation and Education Amendments of 1980, brought us
squarely into the mainstream of rehabilitation services. Since
that time, we have worked to make VA's program of vocational
rehabilitation services for veterans with service-connected
disabilities the best of its kind in the world.
Our services begin with outreach to assure that
service-disabled individuals know of our program and of their
possible entitlement to assistance. Upon application, each
veteran is provided a thorough initial evaluation designed to
determine whether the applicant needs rehabilitation services
and, if so, what services are required. In some cases an
extended evaluation is required to determine whether it is
feasible for the veteran to achieve a suitable vocational
goal. For each veteran found to need rehabilitation services,
and who desires to take advantage of those services, an
51
individualized written rehabilitation plan is developed as a
cooperative plan between VA and the veteran. This plan
presents a roadmap which will lead to the eventual success of
the veteran in achieving his or her rehabilitation goal.
The majority of our rehabilitation plans include some
degree of vocational training. They also include other
rehabilitation services which may be as varied as work site
modification and family counseling. Our Vocational
Rehabilitation Specialists serve as case managers, working
closely with each veteran to assure that progress is made in
the attainment of the selected rehabilitation goal.
For those veterans who make it through the challenges of
their disability, we provide employment services to help the
veteran move into suitable employment. For severely disabled
veterans, we may use special employer incentives or use other
options which may include employment in the home or
self-employment to achieve rehabilitation. For others, we may
have to teach resume preparation, interview skills, and
job-hunting strategies. We are encouraged that over 3,000
service-disabled veterans achieve suitable employment every
year.
Some veterans, due to the severity of their disabilities,
will never be able to achieve gainful employment. For these
severely disabled, we provide a program of independent living
services designed to allow the veteran to live more
independently in the community and become as self-sufficient as
possible. We have been working closely with the veterans
Health Administration to improve services for severely disabled
veterans.
52
in addition to our vocational rehabilitation services to
service-disabled veterans, our highest priority, we provide
similar services to an average of 1,400 nonservice-disabled
pension recipients who request our help each year. Only 15
percent of veterans who receive an initial evaluation request
programs of rehabilitation services, however.
Another VR&C role is to provide educational and vocational
counseling to veterans, servicemembers, and dependents eligible
under a variety of VA benefit programs; to servicemembers who
are within 6 months of separation? to veterans within 12 months
of separation; and to participants in the new Service Members
Occupational Conversion and Training Act (SMOCTA) . This
constitutes a major part of our workload. Fortunately, we are
able to serve many of these people through contract counselors
whose services are funded from the Readjustment Benefit
appropriation.
Mr. Chairman, leaving this background discussion, I now
would like to describe our current program environment,
including the nature of our veteran population, and then
discuss how we are meeting new challenges.
The overwhelming number of vocational rehabilitation
program applicants are males between 26 and 45 years of age who
have completed 3 years of active military service. They
generally have a high school diploma or equivalency certificate
and apply for the program within a period of 2 years following
separation from active duty. The majority of our veterans
pursue a vocational/technical training program or college
degree.
The results of the vocational rehabilitation program
activities show that this investment in our Nation's disabled
veterans can pay tremendous dividends. One of our primary
53
goals is to help service-disabled veterans achieve and maintain
employment in an area which is consistent with their abilities,
interests, and aptitudes. From an internal study of over 3,000
veterans who completed our program, we are able to estimate
that these veterans will generate a total of over $67 million
in earned income in their first year of employment. This
equates to over $14 million in Federal and State income taxes
and over $4 million paid into Social Security. Our veterans
want an opportunity to again contribute to their families and
their Country. The results of our program prove that they are
doing so.
We have seen increasingly larger numbers of applicants for
our vocational rehabilitation program for the service disabled
and for elective educational and vocational counseling. Our
workload in the vocational rehabilitation program for certain
nonservice-disabled pensioners remains at a steady level.
However, we will have added responsibility as we undertake the
counseling accorded participants of the Service Members
Occupational Conversion and Training Act.
Our chapter 31 veterans have grown from 32,668 in 1991 to
an estimated 47,700 in 1994. while the average Vocational
Rehabilitation Specialist caseload has grown from 256 to 285.
From 2,649 counseling cases in 1991, we will have 48,817 in
1994. Our improvement goals are ambitious.
Mr. Chairman, I would like to describe some of the steps
which we have taken to provide the best quality and most timely
services we can. The TAP (Transition Assistance Program) and
the DTAP (Disabled Transition Assistance program) have allowed
us to be in direct contact with those servicemembers who are
being separated with a service-connected disability or who
believe that they may qualify for service connection of a
disabling condition. Fortunately, we are able to give these
54
people the information they need at the time they need it
most. Since DTAP began in 1991 until now, we have held
approximately 5,400 DTAP briefings, reaching almost 140,000
separating servicemembers . Partly as a result of DTAP, we have
been able to increase our community-based services from 57
regional offices and 39 outbased locations in 1991 to 57
regional offices and 71 outbased locations in 1993.
As previously touched on, we are making effective use of
our legislative authority to use up to $5 million in the
Readjustment Benefit appropriation to contract for elective
educational and vocational counseling. We anticipate that, out
of the estimated 30,000 elective counseling cases in FY 1993,
22,500 or 75 percent will be accomplished using contract
counselors.
Mr. Chairman, we have developed some tools, using current
technology, which can assist us in our goal of timely and
quality service. We have developed a computerized assessment
known as FARS (Functional Assessment Review System) which
assists our counselors in identifying the rehabilitation needs
of our veterans and measures the veteran's functional
improvements after rehabilitation services have been provided.
We procured for our staff a computerized system which assists
us in identifying the job-related skills that the veteran
client developed while in military service and suggests how
these skills might be used in the civilian job market. With
the Office of Personnel Management, we developed the Job Ready
Disabled veteran Connection (JRDVC) , a computer system which is
used to match chapter 31 veterans with Federal agencies who are
looking for skills the veterans may possess.
We have worked hard to assure that the quality of service
provided is of high caliber. Casework is sampled for an
assessment of quality and that assessment is validated on our
55
periodic quality control surveys. We have developed a system
of records and reporting, including our new Executive
Information System, which gives us information on the quality
of work at all levels without subjecting our field staff to
excessive reporting burdens. Our Field Advisory Committee adds
its suggestions for improvement.
Mr. Chairman, chapter 31 mandates that members of our
Vocational Rehabilitation and Counseling staff stay current
with contemporary knowledge and skills in rehabilitation and
counseling, particularly those that pertain to disabled
veterans. We have assured that each VRSC Division is provided
with resources to maintain current reference materials and
participate in staff development activities designed to meet
that mandate. Through an agreement with the Department of
Labor, we have had many of our field staff take advantage of
training opportunities at the National Veterans Training
Institute (NVTI) in Denver. Additionally, VR&C has produced
two satellite teleconferences, several training conferences,
and a video tape in an effort to meet our staff development
responsibilities.
Chapter 31 also provides the Secretary the authority to set
qualification standards to assure that personnel who are
employed by the program are high quality. At prior hearings,
you have asked us about this provision and I am pleased to say
that we are preparing a recommendation for the Secretary which
we believe will strengthen our program.
Mr. Chairman, I will close with some comments on the
challenges before us. The continued downsizing of our active
military forces, as well as other factors, including a large
workload bubble of 600,000 pending compensation and pension
claims and the new SMOCTA program, leads us to believe that the
workload in the Vocational Rehabilitation and Counseling
56
Program will remain high for the foreseeable future. The
General Accounting Office (GAO), in two studies, recommended
that we improve services, in particular, employment services,
and improve our identification and provision of assistance to
persons who are severely disabled. We wholeheartedly endorse
the GAO suggestions and will implement them to the best of our
ability.
In summary, we continue to examine every option to improve
services to our veterans. We have emphasized the use of
contract services and provided our field staff with training
and guidance. We are constantly reviewing our policies and
procedures to remove impediments. We are exploring technology
to find any opportunity to do our job better and more
efficiently. We maintain our commitment to the veterans this
program serves. They deserve no less.
Mr. chairman, I will be pleased to answer any questions you
or the other members of the Subcommittee may have.
57
GAO REPORT #1: BETTER VA MANAGEMENT NEEDED
TO HELP DISABLED VETERANS FIND JOBS
GAO RECOMMENDATION #1: VA should "implement the provisions of the 1980
amendments related to finding and maintaining suitable employment for
disabled veterans."
KEY INITIATIVE #1 : The program operating manual, M28-1, Part IV,
Employment Services, will be officially released to field staff.
MILESTONES :
MILESTONE DESCRIPTION BEGINNING DATE COMPLETION DATE
PLANNED ACTDAL PLANNED ACTUAL
Release M28-1, Part IV, 8/3/92 8/3/92
Employment Services
Chapter to field staff
KEY INITIATIVE #2: A joint VA/DOL/DOD teleconference will be held to
train staff of the three agencies on procedures to assist in providing
services to meet the rehabilitation needs of separating service members
who participate in the Disabled Transition Assistance Program (DTAP) .
Personnel from various state vocational rehabilitation programs will be
invited to view the teleconference.
MILESTONES:
MILESTONE DESCRIPTION BEGINNING DATE COMPLETION DATE
PLANNED ACTUAL PLANNED ACTUAL
Joint VA/DOL/DOD DTAP 9/17/92 9/17/92
Teleconference
KEY INITIATIVE #3: A joint workshop for Vocational Rehabilitation
Officers and staff of Veterans Health Administration Rehabilitation
Medicine Service will be held to develop uniform policy and procedures to
assist severely disabled veterans to achieve rehabilitation goals. A
panel on coordinated employment services is planned, and will include
state-federal rehabilitation program, DOL, and vocational rehabilitation
officials as panelists.
MILESTONES:
MILESTONE DESCRIPTION BBGINNING DATE COMPLETION DATE
ACTUAL PLANNED ACTUAL
Work with VHA personnel 8/1/92 8/1/92 8/30/92 8/30/92
to select date and
location for work-
shop
58
MILESTONES : (continued)
MILESTONE DESCRIPTION
Develop agenda items
Arrange for speakers/
trainers
BEGINNING DATE
COMPLETION DATE
PLANNED
ACTUAL
PLANNED
ACTUAL
11/1/92
11/1/92
11/30/92
2/4/93
12/1/92
12/1/92
12/31/92
2/4/93
Notify appropriate
field staff
1/1/93
1/1/93
1/30/93 1/30/93
Conduct Workshop
KEY INITIATIVE #4 : Assessment of employment services
a part of all station surveys and Quality Review Syst
Recommendations for specific training activities will
assessments .
2/8/93 2/8/93 2/12/93 2/12/93
will continue to be
em case reviews,
flow from these
MILESTONES :
MILESTONE DESCRIPTION
Survey Consultants will
perform QRS for each RO
survey with particular
attention to employment
services
BEGINNING DATE
PLANNED ACTUAL
10/1/92
COMPLETION DATE
PLANNED ACTUAL
9/30/93
The results of all QRS
and surveys related to
employment services
will be analyzed to
identify specific
training needs for
field staff
2/1/93
6/1/93
Training materials
focusing on the QRS
and survey findings
related to employment
services will be
developed.
6/2/93
9/30/93
Training will be provided
to the field staff who are
identified to be in
greatest need of such
training (training will
be contingent upon
funds available)
10/1/93
9/30/94
59
KBY INITIATIVE #5: A work group will be formed to review and refine
current contracting procedures. The work group will develop a program
guide for field staff to facilitate further use of contracting for
employment services.
MILESTONES :
MILESTONE DESCRIPTION BEGINNING DATE COMPLETION DATE
PLANNED ACTUAL PLANNED ACTUAL
Select members for work 6/15/92 6/15/92
group
Meet to organize, develop, 8/14/92 10/30/92
and establish assignments
Develop draft of program 10/31/92 10/31/92 1/25/93
guide for concurrence
Complete revisions 12/31/92
suggested by 28 management
Distribute program guide 2/7/92
GAP RECOMMENDATION #2: VA should "take the lead in developing with the
Labor Department an effective working arrangement for providing job
placement services to disabled veterans."
KEY INITIATIVE #1 : All Vocational Rehabilitation and Counseling Officers
will be required to meet with the appropriate Labor personnel in their
area and produce a working agreement that will maximize the involvement
of DOL resources for assisting chapter 31 veterans in employment services.
MILESTONES :
MILESTONE DESCRIPTION BEGINNING DATE COMPLETION DATE
PLANNED ACTUAL PLANNED ACTUAL
National Agreement between 7/1/89 7/17/89 7/1/89 7/17/89
VA/DOL signed by
Secretary of Veterans
Affairs and the Secretary
of Labor
Statewide agreement assessment 7/1/89 3/31/90 3/1/90
forms established in national
agreement due yearly to
respective national offices
MILESTONES : (continued)
60
MILESTONE DESCRIPTION
BEGINNING DATE
PLANNED ACTUAL
COMPLETION DATE
PLANNED
Assistant Secretary for
Veterans Employment and
Training (ASVET) and VA's
Chief Benefits Director
have joint responsibility
for agreement; meet during
second quarter of each
calendar year
VR&C, Veterans Assistance
Staff, and local field DOL
personnel meet quarterly to
ensure effectiveness of
agreement
7/1/89 6/1/90
6/1/93
7/1/89
3/31/90
KEY INITIATIVE #2: We will explore with officials of the Veterans
Employment and Training Service/DOL, the idea of an employment services
course at the National Veterans Training Institute, specifically tailored
to the needs of VA rehabilitation personnel.
MILESTONES:
MILESTONE DESCRIPTION
BEGINNING DATE
PLANNED ACTUAL
COMPLETION DATE
PLANNED ACTUAL
Formal training agreements
between VA/DOL signed in
•89, '90, and '91
3/1/89 4/14/89
3/1/93
NVTI trained a total of
190 VBA field staff during
FYs 89, 90, and 91
3/1/89
5/1/89
3/1/89 3/1/91
Develop future courses with
DOL/NVTI to train additional
VR&C field staff
10/31/92
3/1/93
Obtain funding for
participation of VR&C field
staff in NVTI courses
3/1/93
GAP RECOMMENDATION #3: VA should "determine why so many veterans drop
out before successfully completing the program and take action (s) to
reduce the number of dropouts . "
KEY INITIATIVE #1 : An attrition study will be completed. Policies and
procedures generated from this study and other input will be developed
and distributed to field staff.
61
MILESTONES:
MILESTONE DESCRIPTION BEGINNING DATE COMPLETION DATE
PLANNED ACTUAL PLANNED ACTUAL
Plan attrition study to 8/1/92 8/1/92 8/15/92 8/20/92
include selection of
stations and the
number of subjects
Development of data 8/1/92 8/1/92 8/20/92 8/30/92
base for collection
and organization
of findings
Request CER folders 8/20/92 8/20/92 9/15/92 10/5/92
from selected Regional
Offices; complete data
collection using pre-developed
data collection format
Analyze data collected 5/30/93 9/1/93
using Q&A data base;
prepare summary of
demographic and narrative
data; and complete data
base summary of the primary
reasons for attrition
within the VR Service program
GAP RECOMMENDATION #4: VA should "review performance standards that have been
established for the vocational rehabilitation program and determine whether
services to the veterans can be improved by establishing a realistic
performance measurement system, such as benchmarking, that clearly focuses on
the program's objectives and continually measures progress toward achieving
them. "
KEY INITIATIVE #1 : Using the four-member Vocational Rehabilitation and
Counseling Field Advisory Committee as consultants, we will accomplish this
review and develop revised program performance standards.
MILESTONES :
MILESTONE DESCRIPTION BEGINNING DATE COMPLETION DATE
PLANNED ACTUAL PLANNED ACTUAL
Coordinate Field Advisory 11/30/92 12/15/92
Committee to meet twice
in FY 93 to review
program performance
standards
71-902 O - 93 - 3
62
MILESTONES: (continued)
MILESTONE DESCRIPTION
BEGINNING DATE
PLANNED ACTUAL
COMPLETION DATE
PLANNED
Committee will review
standards to determine
what standards may
require adjustment and
what new standards
may be indicated
3/1/93
6/30/93
At the completion of
the second committee
meeting of the Field
Advisory Committee the
members will have drafted
a final report with
recommendations and
suggestions concerning
new or change standards
7/25/93
Create policy changes via
development of related
circulars and manual
modifications
9/15/93
1/31/94
GAO REPORT #2: VA NEEDS TO EMPHASIZE SERVING VETERANS
WITH SERIOUS EMPLOYMENT HANDICAPS
GAO RECOMMENDATION ftl : It should be reemphasized to " . . . VA field
offices that disabled veterans with serious employment handicaps are to
be provided special outreach services."
KEY INITIATIVE ftl : Review and emphasize the proper outreach procedures
regarding veterans with serious employment handicaps to all field staff
in our monthly nationwide fastline call.
MILESTONES :
MILESTONE DESCRIPTION
Review outreach procedures
regarding veterans with
serious employment handicaps
to all field staff
BEGINNING DATE
PLANNED ACTUAL
COMPLETION DATE
PLANNED ACTUAL
8/20/92 8/20/92
KEY INITIATIVE ft2 : Explore ways to strengthen our liaison activities
with VA's Veterans Health Administration (VHA) .
MILESTONES:
MILESTONE DESCRIPTION
Plan a meeting of the
TBI Task Force
BEGINNING DATE
PLANNED ACTOAL
11/1/92
COMPLETION DATE
PLANNED
11/30/92
Arrange a meeting of
28 management staff and
Rehab. Medicine Service
management to discuss
other mutual concerns
12/1/92
12/31/92
KEY INITIATIVE #3 : Reemphasize Vocational Rehabilitation Officers'
responsibility to monitor 707 target control codes for pending
motivational activities.
MILESTONES:
MILESTONE DESCRIPTION
BEGINNING DATE
PLANNED
Reemphasize VR&C Officers'
responsibility to monitor 707
target control codes for
pending motivational activities
COMPLETION DATE
PLANNED ACTOAL
8/20/92 8/20/92
GAP RECOMMENDATION #2: It should be reemphasized to VA field offices
that disabled veterans with serious employment handicaps are to be "given
priority when scheduling initial counseling and evaluation appointments."
KEY INITIATIVE #1 : Reemphasize to field staff the requirement for
prioritization if appointments cannot be scheduled within 21 days.
MILESTONES:
MILESTONE DESCRIPTION
Reemphasize to field staff
the requirement for prior-
itization of veterans with
potential serious employment
handicaps
BEGINNING DATE
ACTUAL
COMPLETION DATE
PLANNED ACTUAL
8/20/92 8/20/92
KEY INITIATIVE #2 : Include training in issues involved in prioritization
in our inservice training program.
MILESTONES :
64
MILESTONE DESCRIPTION
BEGINNING DATE
ACTUAL
COMPLETION DATE
3D ACTUAL
Develop prioritization 11/1/92 11/30/92
in scheduling of veterans
with potentially serious
employment handicaps as an
agenda item at the VR&C
Officers Workshop
KEY INITIATIVE #3 : Require a specific statement regarding compliance or
noncompliance in all surveys of station operations and follow-up the
implementation of corrective action in cases of noncompliance.
MILESTONES :
MILESTONE DESCRIPTION
BEGINNING DATE
PLANNED ACTUAL
COMPLETION DATE
ACTUAL
Train 282 survey staff to 10/1/92
include specific compliance
section statements within
final reports to highlight
priority scheduling
procedures
Review all final survey 6/1/93
reports to ensure that
statements regarding
priority scheduling
are included
10/30/92
6/30/93
Follow-up the implementation
of corrective action in all
cases of noncompliance
9/30/93
12/1/93
GAP RECOMMENDATION #3 : "We also recommend that the Secretary recognize
the additional time required to provide services to these veterans in the
employee performance standards . "
INITIATIVE #1: We propose to review current performance standards and
revise these standards, if possible, in a manner that accurately reflects
the level of service required to assist veterans who may have a serious
employment handicap.
MILESTONES :
65
MILESTONE DESCRIPTION
BEGINNING DATE
PLANNED ACTUAL
COMPLETION DATE
PLANNED ACTUAL
Review VR&C Officer 8/1/92
performance standards
related to provision of
rehabilitation services
to veterans with serious
employment handicaps
Revise these standards to 4/1/93
reflect the time and effort
required when providing
service to veterans with
serious employment handicaps
9/30/92 9/15/92
6/30/93
STATEMENT OF
RONALD W. DRACH
NATIONAL EMPLOYMENT DIRECTOR
DISABLED AMERICAN VETERANS
BEFORE THE
SUBCOMMITTEE ON EDUCATION, TRAINING AND EMPLOYMENT
OF THE
COMMITTEE ON VETERANS AFFAIRS
U.S. HOUSE OF REPRESENTATIVES
MAY 20, 1993
MR. CHAIRMAN AND MEMBERS OF THE SUBCOMMITTEE:
On behalf of the more than 1.4 million members of the
Disabled American Veterans (DAV) and its Women's Auxiliary, I
want to thank you for allowing us this opportunity to provide
comments on the Department of Veterans Affairs (VA) Vocational
Rehabilitation and Counseling (VR&C) Program.
The DAV is appreciative of your concerns Mr. Chairman, as
well as the other members of this Subcommittee for reviewing
this program to help assure disabled veterans are receiving
quality and timely services. Mr. Chairman, you are to be
commended for your efforts to provide needed resources for a
meaningful vocational rehabilitation program.
We believe, Mr. Chairman, based on current information,
these services for the most part are not being provided and will
not be provided on a timely or quality basis without additional
resources.
While we have seen many program changes over the years,
attributed in large part to legislative initiatives, we continue
to see problems because of increased workloads, based in large
part on new programs, including the Disabled Transition
Assistance Program (DTAP) .
Mr. Chairman, many of our concerns have been voiced before,
but based on recent studies by the General Accounting Office
(GAO) , we are compelled to repeat some of them. One of the
contributing factors to the current problems was addressed by
the DAV as early as 1987. In testimony at a joint hearing
before the Subcommittee on Compensation, Pension and Insurance
and this Subcommittee, the DAV provided information and data
that the then newly created vocational rehabilitation program
for all nonservice-connected disabled veterans who were judged
eligible for pension on or after February 1, 1985, must be
evaluated for vocational rehabilitation services that would
contribute to a decline in services to service-connected
disabled veterans.
In subsequent testimony before this subcommittee, we
provided documentation supporting our belief that this so-called
"Chapter 15" program was not cost effective and should be
curtailed. We continue to believe this program has dramatically
increased the workload without sufficient positive outcomes to
the detriment of service-connected disabled veterans.
Mr. Chairman, on May 11, 1988, we testified before this
Subcommittee on the "quality and timeliness of employment
services" for participants in the vocational rehabilitation
program. Regrettably, things appear to be no better today than
they were at that time.
Mr. Chairman, vocational rehabilitation as we know it today
was originally established by Public Law 78-16 enacted shortly
after World War II. From its inception the program always had
as its goal the restoration of employability . The DAV as well
as others in the veterans' employment community, believed that
67
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goal to be insufficient. We were in the forefront of supporting
legislation, (Public Law 96-466) , which made significant changes
and improvements in the vocational rehabilitation program.
In our opinion, one of the most important changes
emphasized the attainment of actual employment. After almost
forty years of institutionalized thinking about "restoration of
employability" the rules were changed. Although the rules have
been changed, it appears from the recent GAO study that to a
large degree the vocational rehabilitation service is not
playing by the new rules.
In our May 11, 1988 testimony, we charged that very little
employment services training had been provided to the vocational
rehabilitation staff. We renew that charge today. Let us ask
the VA how many employees in the VR&C service have received
any employment services training and what did that training
consist of.
Mr. Chairman, also in the 1988 testimony, we reported that
a special Employment Services Task Group identified 36 problems
that impacted on the delivery of employment services. What has
been done to address those 36 problems? Does the Employment
Services Task Group still exist? How many times have they met
since 1988?
Mr. Chairman, in testimony before this Subcommittee in
March, 1990, we reported that the VA was allotted 240 training
slots in Fiscal Year (FY) 1990 at the National Veterans
Employment and Training Services Institute (NVTI) . Of those
240 slots, 120 were set aside for VR&C staff. Have 120 VR&C
staff gone through training? What type of training was provided
by NVTI? Have any beyond the 120 gone through training? Can
we anticipate that all the VR&C staff will eventually be
trained by NVTI?
Personnel training, development and qualifications are
addressed and mandated by Section 3118 Title 38 USC.
Subsection (a) states "The Secretary shall provide a program of
ongoing professional training and development for . . . counseling
and rehabilitation personnel engaged in providing rehabilitation
services .... The objective of such training shall be to ensure
that rehabilitation services for disabled veterans are provided
in accordance with the most advanced knowledge, methods, and
techniques available for the rehabilitation of handicapped
persons. For this purpose, the Secretary may employ the
services of consultants and may make grants to contract with
public or private agencies ...."
Mr. Chairman, how much money has the Secretary of VA set
aside for providing the type of training identified? How much
of that is used for consultant services? How much has been used
in the form of grants and contracts?
Mr. Chairman, on September 4, 1992, GAO reported to Senator
Alan Cranston, former Chairman of the Senate Committee on
Veterans' Affairs, their findings on how the VA Vocational
Rehabilitation Program "is achieving its primary goal of helping
disabled veterans to obtain and maintain employment"
(GAO/HRD-92-100 Vocational Rehabilitation — Better VA
Management Needed to Help Disabled Veterans Find Jobs) .
In the GAO ' s introduction to the study, they indicate
"Although we requested written comments from the Secretary of
the VA on a draft of this report, they were not provided." Mr.
Chairman, why did the former Secretary of the VA, when presented
with an opportunity to respond to serious deficiencies in a
program under his jurisdiction, fail to respond? While the
former Secretary is no longer accountable, perhaps you should
68
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ask the VA witnesses today if they have any knowledge why the
Secretary declined to respond.
Mr. Chairman, at this time, we would like to comment on
some of the GAO findings.
VA DOES NOT EMPHASIZE FINDING JOBS FOR VETERANS
GAO states "The 1980 veterans education and rehabilitation
amendments specifically require that VA provide program
participants with job placement services. VA, however, has not
focused its vocational rehabilitation program on helping
disabled veterans find and maintain suitable jobs. Training,
the focus of the program since 1980, still is being emphasized
over job placement" (emphasis added) .
Mr. Chairman, emphasis on training in and of itself is not
necessarily bad. Many disabled veterans, particularly those
with severe disabilities, need training because they have no
specific civilian occupational skills. Others, because of a
newly acquired disability need retraining. While we certainly
believe that training should be emphasized, we suggest that
training should not be emphasized at the expense of employment
services.
In our testimony of May 11, 1988, we recommended a review
be made to determine the feasibility of developing an Individual
Employment Assistance Plan (IEAP) at the very outset. We
believe this approach is still one that can produce effective
results. If the disabled veteran is part of the planning
process and has a particular job objective and not a "degree"
objective, we believe we will see much more success.
Another innovative approach to addressing this problem is
identified in the GAO report and supports our recommendation.
In one of the offices visited by GAO, the counselors were
required to stress "from the beginning that finding a suitable
job was the program's objective. Before developing a training
plan, counselors often required the veteran to obtain
information about the school, trade, profession, and job market
for the program in which he or she was interested" (emphasis
added) . GAO concluded "By requiring veterans to become involved
in employment activities at the start of the process, this
office ... has increased its rehabilitated cases since 1985, a
better record than the other three offices."
Mr. Chairman, this appears to be an effective method. We
believe if a veteran is required to take such an interest in his
or her future and do the required information gathering, the
veteran will feel a stronger stake in the outcome of the
rehabilitation process.
GAO further stated "three of the four field offices that we
visited continue to stress providing veterans with opportunities
for training, but do not emphasize opportunities for obtaining
and maintaining suitable employment." We recommend that VA
immediately change that mindset by advising all VR&C staff
that the main emphasis should be on obtaining and maintaining
suitable employment. They should be put on notice and held
accountable through employee performance evaluation processes
which will ultimately be reflected in their opportunities for
promotion and pay increases as well as any merit pay
considerations.
GAO also reported "... VA's relationship with some agencies
that offer job search activities — such as the Department of
Labor (DOL) , state rehabilitation agencies, and contractors —
has produced only limited job search assistance." Mr. Chairman,
69
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we believe the hardest job an unemployed disabled veteran may
ever have is finding a job. Accordingly, all available
resources should be used to provide needed support and other
services to minimize this trauma.
If not already available, each VR&C office should have a
directory of community resources and federal, state and local
government programs designed to assist unemployed people. This
listing should include, but not limited to, the names and phone
numbers of the Local Veterans' Employment Representative (LVER)
and Disabled Veterans' Outreach Program specialist (DVOP) ; the
local office manager of the employment service, the manager of
the local office of the State Vocational Rehabilitation Agency;
the person responsible for the Job Training Partnership Act
(JTPA) ; and the individual responsible for veterans'
employment in the federal government. Any state, city, county
or local representative responsible for employment and training
programs should be included.
A brief synopsis of the various programs should be
available to the staff, as well as to the disabled veteran
client. This should include, but not limited to, information on
the JTPA; the Veterans' Readjustment Appointing Authority
(VRA) ; the Job Ready Disabled Veteran Connection (JRDVC) ;
the non-competitive appointing authority provided by Section
3112, Title 5 USC; the affirmative action requirements contained
in Section 4214, Title 38 USC; the appointing authority provided
for under 5 CFR 315.604; information on veterans' preference at
the federal, state and local government levels, and information
on selective placement programs administered by the Office of
Personnel Management (OPM) .
The VA should review and update DVB Circular 22-79-12 dated
June 29, 1979, which delineates "Special Provisions for
Employment of Veterans."
Mr. Chairman, in the previous paragraph, I mentioned
JRDVC. This is a very innovative program that was jointly
developed by VA and OPM. JRDVC provides for a job-ready
disabled veteran who has completed or is about to complete a
program of vocational rehabilitation to indicate if he or she is
interested in working for the federal government. If the
response is yes, their "mini resume" is placed into a computer
database. Federal agencies have been made aware of this program
and asked to use it as a recruiting tool. Many of these
disabled veterans are eligible for noncompetitive appointing
authorities, thus, making their employment by federal agencies
very simple and quick. The federal agency may obtain a
qualified, academically trained individual and can hire them
with a minimum of paperwork and delay.
The pilot for this program began in December 1991,
approximately 18 months ago. Since that time, one disabled
veteran has obtained employment. There are currently more
than 700 disabled veteran enrollees who have indicated their
willingness and interest In working for the federal government.
These 700 enrollees are registered for referral in over 483
employment categories, based on series and grade level
combinations.
Mr. Chairman, why has there been only one participant
employed to date? Do we need more aggressive follow up by
VR&C staff to locate a "match?" Is the OPM system of matching
inadequate? Are federal agencies enrolling only in a symbolic
effort to show they are doing something under their affirmative
action requirements? If, as GAO reports, there were
approximately 35,000 enrollees in vocational rehabilitation in
FY 1991, why are only 700 interested in federal employment?
70
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JOB PLACEMENT GUIDANCE NOT ISSUED TO IMPLEMENT 1980 LEGISLATION
Mr. Chairman, we realize that the 1980 amendments made a
significant change in the focus of the VA's Vocational
Rehabilitation Program. Perhaps the most difficult was the one
changing the mission from restoration of employability to actual
obtaining and maintaining suitable employment. This change was
required after almost forty years of doing it the same way.
Change is sometimes difficult. The legislative mandate was
provided in 1980 and in 1981 the VA issued interim guidance on
employment services. However, their procedural manual
incorporating guidelines on providing employment assistance was
not finalized until August 1992. If it took twelve years to
convey to the field staff the priority of employment services,
it is no wonder the field staff felt there was little if any
emphasis on employment services. A twelve year delay in
finalizing their procedural manual is inexcusable. It becomes
even more important because according to the four offices
visited by GAO, it was indicated "they rely on VA's procedural
manual for guidance." If the manual is devoid of the needed
guidance, it becomes obvious that the results will be less than
desirable.
EMPHASIS PLACED ON TRAINING VETERANS, NOT FINDING JOBS
As previously mentioned, GAO reports that most participants
go into training programs (92 percent) and only 3 percent go
directly from an evaluation and planning phase into the
employment services phase. We previously mentioned our views on
training and are not as alarmed as GAO. We suggest employment
services be provided during the training phase.
What is more alarming to us is GAO's comments that "our
review of counseling records showed that counselors in these
offices did not emphasize job placement as the goal of the
program" (emphasis added) . With this lack of emphasis it is
not surprising that only three percent of participants actually
enter into the employment services phase of the process.
By contrast, one of the offices visited by GAO changed its
direction in 1985 and began to require that "counselors stress
from the beginning that finding a suitable job was the program's
objective . . . counselors often required the veteran to obtain
information about the school, trade, profession, and job market
for the program in which he/she was interested." This process
has increased this office's rehabilitated cases significantly
since 1985. We recommend that this office be used as a model
to help increase employment services by other offices.
Mr. Chairman, the GAO report states "The Director of VA's
Vocational Rehabilitation Service said that even though VA's
central office has emphasized employment services since he
became director in 1984, field staffs have been slow to change
their 'mindset' from just training veterans to helping them
find and maintain a suitable job."
Mr. Chairman, we believe this "mindset" can be changed
drastically by employee evaluations. If, as recommended
earlier, the Director of VR&C incorporates employment services
into employee evaluations, their "mindset" will rapidly
change. As soon as their evaluations fall below acceptable
levels you will see change.
71
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STAFF NOT FORMALLY TRAINED
TO EMPHASIZE EMPLOYMENT SERVICES
Mr. Chairman, some of the rehabilitation and counseling
staff responding to GAO "cited the lack of formal training in
employment services as a weak area." It is my understanding
that employment services is now part of many college curricula
for counseling psychologists and has been for quite some time.
Because the VA has the authority to contract for formal
training, we suggest that each employee who has not had formal
employment services training be required to attend a local
college or university to obtain training at VA's expense.
Additionally, the VA should develop a separate contract
with NVTI to provide ongoing training. The Director of VR&C
should contract with outside consultants to provide intensive
employment services training at their annual training session.
More emphasis needs to be placed on that type of training and
less on internal policies and procedures. VR&C officers at
the local level have to spend too much time completing paperwork
for reports.
The qualification standards for Vocational Rehabilitation
Specialists (VRS) is inadequate. Currently, a VRS need only
have "a bachelors degree in any discipline or three years of
experience that provides general knowledge of training
practices, techniques, and work requirements in one or more
occupations." A college graduate with a degree in classical
music, could be a VRS under current criteria. The Director of
VR&C has been attempting to change the criteria to make it
more job related with no success. The Veterans' Advisory
Committee On Rehabilitation (VACOR) has supported that
recommendation to no avail. The DAV also supports that change.
Mr. Chairman, since little is being accomplished through
administrative efforts, perhaps a letter from you to the
Secretary of VA expressing your interest and concern would be
appropriate. If that does not work, Mr. Chairman, we recommend
you consider a legislative change.
EFFECT OF CASELOAD ON STAFF'S ABILITY
TO HELP VETERANS FIND SUITABLE JOBS
Mr. Chairman, we do not agree with GAO's conclusion that
they could "find no evidence to support these claims" that
"large caseloads together with limited resources also
contribute to VA's failure to provide effective employment
services to veterans, VA officials claim." We do agree that
more effective employment services to veterans could be
accomplished.
Large caseloads mitigate against working with the hard to
serve or more severely disabled. As a result of the large
caseloads quality suffers for quantity. If the caseloads
were lower, more time could be spent on learning some of the
intricacies of providing employment services as well as working
with community resources.
Mr. Chairman, for more than a decade, the VR&C staff have
assumed additional responsibilities and programs, including the
"Chapter 15" program, additional administrative reporting, are
required to be out of the office participating in Disabled
Transition Assistance Programs (DTAP) , and have seen an
increase in applicants and enrollees.
Mr. Chairman, we all know that an "Independent Budget" (IB)
for FY 1994, has been prepared by the DAV, PVA, AMVETS and VFW.
72
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In the section addressing the VR&C service, they are
recommending an increase of 568 employees. Mr. Chairman, that
is an increase almost comparable to the entire FTE level of
more than a decade ago. If we are going to provide meaningful
and timely vocational rehabilitation services to our most needy
and deserving population of veterans — those with service
related disabilities who have an employment handicap — we must
provide additional resources. Mr. Chairman, I have attached a
copy of pages 51 and 52 from the IB relevant to the VR&C
program.
VA'S USE OF OUTSIDE JOB SEARCH AGENCIES
VARIES AMONG OFFICES
Mr. Chairman, we previously offered our views on how VR&C
staff can use existing resources more effectively. We believe
by using those resources and developing better relationships
with the various departments, agencies, and service providers
actual employment will increase among clients.
RELATIONSHIPS BETWEEN VA AND LABOR
INEFFECTIVE AT SOME LOCATIONS
In the four offices visited by GAO, only two of them
frequently referred clients to the DVOP specialist. The other
two offices rarely referred anyone. Mr. Chairman, this is a
prime example of why the outstationing provisions of Section
4103A(b) (2) must be complied with. In delineating the priority
of services to be provided by DVOP specialists, Section
4103A(b) (1) lists as the first priority "(A) services to
disabled veterans of the Vietnam era who are participating in or
who have completed a program of vocational rehabilitation under
chapter 31 of this title."
Mr. Chairman, it is inexcusable for any VR&C office not
to refer a vocational rehabilitation client to the DVOP
specialist and equally inexcusable for the DOL not to assign to
each VR&C office at least one full-time DVOP specialist to
work with Chapter 31 clients. To do less by either VR&C or
DOL is in our opinion a direct violation of Section 4103A.
Mr. Chairman, both the Assistant Secretary of Labor for
Veterans Employment & Training and the Director of VA's
Vocational Rehabilitation and Counseling Service should be held
accountable.
The more successful offices provided services by DVOPs
that included "grooming tips, job referral information and
training in job search skills and interview preparation." All
other offices should follow this example.
Mr. Chairman, many of the services currently provided to
active military service members through the Transition
Assistance Program (TAP) are the same types of services that
need to be provided to Chapter 31 clients. These services
include, but are not limited to, interview skills and job resume
preparation. As you may know, the DAV authored and provided a
series of six workbooks to each VR&C office. Are the contents
of these books being made available to Chapter 31 clients?
While we only provided one set of books to each office, we have
indicated that these books may be reproduced by anyone. At a
minimum, they should be made available for review by Chapter 31
clients as part of employment services. We believe that Career
Development Centers (CDC) should be implemented at each VR&C
office. We recommend on an experimental basis that TAP type
classes be offered by VR&C offices to Chapter 31 clients who
are within 180 days of completion of their training.
73
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USE OF STATE REHABILITATION SERVICES VARIES AMONG OFFICES
Because of the relative success enjoyed by at least one VA
office working with a state rehabilitation agency, we recommend
that all VR&C offices be informed to contact their state
rehabilitation agency and develop a working relationship. They
should report any success to central office.
SOME OFFICES USE CONTRACT AGENCIES
At least one office reported they were relying greatly on
contractors and while the number of referrals was relatively
small (26) , thirteen, or 50 percent were placed in suitable
jobs. Two of the offices indicated they were referring veterans
to contract agencies only if the client was determined to be
"extremely difficult" to place. Mr. Chairman, what definition
is attached to the phrase "extremely difficult?" Given the
relatively small percentage of employment services participants
it would appear that a high percentage of clients are "extremely
difficult" to place.
According to the terms of the contracts "the contractors
are paid only for veterans who are placed in suitable jobs."
Thus, it would appear that contracting for employment services/
placement would indeed be cost effective. We understand some
offices, including one of the ones visited by GAO, have never
contracted for employment services.
GAO indicated they could "not determine the level of
contracting for employment services at the VA offices we did not
visit because VA did not keep summary data on the number of
contracts for employment services'" (emphasis added) . Mr.
Chairman, we recommend that the VA initiate a system to track
contracts. Additionally, we recommend that the Director of
VR&C emphasize the possible effectiveness of contracting for
employment services and provide training and examples of how
successful offices have used contract services.
VA DOES NOT KNOW WHY THE VAST MAJORITY OF VETERANS
DROP OUT OF THE PROGRAM
Mr. Chairman, GAO examined records from October, 1983
through February, 1991. During that period "thousands of
disabled veterans dropped out of the program before obtaining
suitable employment. VA does not know why these veterans did
not complete the program." We agree with GAO that the inability
to identify the root problem prevents the development of
possible solutions. We recommend that the VA contract with an
outside consulting firm to do a survey of those who have dropped
out to determine why.
Mr. Chairman, our concern with this high drop out rate is
compounded by recent studies by the Bureau of the Census and the
Bureau of Labor Statistics. Three consecutive studies over the
last six or more years have revealed that approximately 66
percent of disabled Vietnam era veterans with disability ratings
of 60 percent or higher have dropped out of the labor force.
Are some of these the same veterans who have dropped out of
vocational rehabilitation? Before we can address their needs or
attempt to develop programs, a "needs assessment" should be done
for these individuals. Perhaps the VA and DOL could jointly
contract for a survey. A similar study was done in the mid
1970' s by the Human Resource Research Organization (HUMRRO) .
74
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MOST APPLICANTS DO NOT COMPLETE THE PROGRAM
From October 1, 1983 to February 28, 1991, 142,000 or 71
percent of the approximately 202,000 vocational rehabilitation
eligibles "dropped out before obtaining suitable employment."
Thirty-six percent dropped out before even meeting their
counselor and 26 percent dropped out after meeting their
counselor. We believe that the high percent of drop outs before
meeting the counselor, can in large part, be attributed to the
long wait they must endure prior to their first counseling
session. We believe the best way to solve that is by the
addition of resources and/or contractor services.
GAO found 74,500 applicants were determined ineligible for
various reasons, including not having a service-connected
disability or not having a disability that caused an employment
handicap. Mr. Chairman, we have no easy answer to that problem
other than a careful screening process by Veterans Benefit
Counselors (VBC) and others who assist in filing claims to
outline the eligibility criteria. This may not deter someone
who is determined to file a claim, but with proper advice and
information, some nondeserving claims may be avoided.
VA DOES NOT COLLECT SUFFICIENT DATA ON
WHY VETERANS DROP OUT OF THE PROGRAM
Mr. Chairman, we believe the VA needs to develop a
reporting system that provides adequate data to address "drop
out" problems. An attempt should be made to counsel the veteran
at least one more time, to determine if other supportive
services may be available in the community that would help avoid
termination. One possible solution would be a redesign of the
program to provide work study or a combination part-time or
on-the-job training and academic training. A number of options
are available if only the problems could be identified early in
the process .
MOST VETERANS' CASE FILES
DO NOT CONTAIN SPECIFIC DATA
ON WHY VETERANS DROP OUT
According to GAO, VA does not have a policy of annotating
case files with specific data on reasons for dropping out.
Thus, it is difficult to offer meaningful suggestions. One
recommendation however, would be for VA central office to
develop a policy whereby veterans would be encouraged to attend
a final counseling session to identify their particular
circumstance leading to termination. Again, if this is known in
advance, perhaps intervention could be provided that would
minimize those problems.
According to GAO, ten left because of financial reasons;
eight because of medical problems; and two dropped out because
they were satisfied with their current disability incomes.
Perhaps, if VA provided financial counseling, including debt
consolidation, financial problems could possibly be avoided or
minimized.
Under the vocational rehabilitation program, all tuition,
fees, books, and other school related expenses are paid for by
the VA. The veteran continues to receive the current rate of
disability compensation, plus they receive a subsistence
allowance. We believe with proper financial management and
counseling and perhaps assistance in finding part-time
employment, many of these individuals may be able to remain in
training.
75
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Of those who leave because of worsening physical or mental
conditions, we recommend that their training be interrupted
rather than discontinued and aggressive follow-up efforts be
made to make sure they receive necessary medical treatment and
that upon correction of any medical problems are reenrolled in
training.
Mr. Chairman, this is an excellent example where case
management plays such a critical role. Current law requires
that both the benefits and medical services have a case
manager. If a vocational rehabilitation client is properly
"managed" between the benefits services, (VBA) and medical
services, (VHA) we believe many of the problems can receive
early intervention and correction. It takes a concerted effort.
Mr. Chairman, I mentioned earlier the VACOR. In January,
1989, a special study group was established under VACOR to
review case management. The final report and recommendations
were submitted to the then Administrator on January 31, 1989.
We highlighted some of those recommendations in our March 8,
1990 testimony. At least one bears repeating here. "VACOR
recommended that a new department be created that would assume
overall responsibility for case management throughout the VA
structure." Mr. Chairman, we believe that recommendation is
perhaps more valid today then it was in 1989.
Two examples cited in the GAO study include a 100 percent
disabled veteran who had completed more than half of an
electronics technician program. He dropped out and obtained a
job in manufacturing because "everything [financially] was
piling up." In the other situation, a 70 percent service
connected disabled amputee interrupted his training because of a
problem with his prosthesis. He never reapplied for classes and
the VA discontinued him.
Mr. Chairman, we believe these are two excellent examples
of where effective case management may have averted both
individuals dropping out. Perhaps as important to know today
is, where are these two individuals now?
VA'S ATTEMPTS TO DETERMINE
WHY VETERANS DROP OUT OF THE PROGRAM
HAVE BEEN MINIMAL
Mr. Chairman, we recommend that VA immediately initiate a
reporting procedure to determine why veterans drop out of the
program and provide reasons other than "non pursuit — veteran
declines services" and "veteran discontinued services." We
believe case management can be very effective in this effort.
We see throughout the GAO study that the offices they
visited operate independent of one another and sometimes
independent of any policy direction from central office. We
believe many of the problems identified in the study could be
addressed by the adoption of centralized policies and
procedures. We are not suggesting that VR&C officers at the
regional office be totally dependent on central office. We
believe the VR&C office should be accountable to the Director
of VR&C, and not the Director of the regional office.
VA STANDARDS FOR MEASURING SERVICE
TO VETERANS NEEDS TO BE IMPROVED
Mr. Chairman, we share GAO's concerns about the problems
identified under current standards and further agree with their
recommendation that the Secretary "review the performance
standards established for the vocational rehabilitation program
76
(id
and determine whether services to the veterans can be improved
by establishing a realistic performance measurement system,
such as benchmarking, that clearly focuses on the program's
objectives and continually measures progress toward achieving
them" (emphasis added) .
Mr. Chairman, on September 28, 1992, GAO submitted another
report to Senator Alan Cranston, former Chairman of the Senate
Committee on Veterans Affairs, titled Vocational
Rehabilitation; VA Needs to Emphasize Serving Veterans with
Serious Employment Handicaps (GAO/HRD-92-133) .
GAO reported that veterans with serious employment
handicaps were not receiving the priority and other needed
services, including priority in scheduling appointments. The
result was the employment service needs of these disabled
veterans not being met. According to GAO, if VA did focus its
efforts more intensely on those with serious employment
handicaps, more of those veterans could be served. However, the
consequence of that would be "fewer veterans who do not have
serious employment handicaps may be served if the same level of
resources is maintained."
Mr. Chairman, we believe that if we intend to provide
vocational rehabilitation services to our nations disabled
veterans, additional resources must be provided.
VA MAKES LIMITED SPECIAL OUTREACH TO VETERANS
WITH SERIOUS EMPLOYMENT HANDICAPS
Of the nine field offices contacted by GAO, seven did not
make any personal contacts with disabled veterans having serious
employment handicaps. This is in direct violation of VA's
procedures. If additional staffing were provided to the VR&C
service, more intensive follow-up, including phone calls could
be made.
As an alternative, Mr. Chairman, we believe that perhaps
these personal contacts, at least initially, could be made by
veterans' benefits counselors or other staff. The main focus at
this point would be to advise the disabled veteran of his or her
possible eligibility and the range of services provided. Under
the current management structure additional help is at the
discretion of the Regional Office Director. Unless someone at
the central office level (VBA) makes a commitment to have the
Regional Office Director support this program, we will not see
any meaningful change. The Regional Office Director needs to
be held accountable.
The other two of the nine offices did make attempts to
telephone all veterans in their areas who had a disability
rating of 50 percent or more and met other criteria as provided
by central office guidance.
Mr. Chairman, we mentioned earlier the problems we have
seen with the lack of communication and cooperation between the
medical services and the benefits division. One of the problems
previously cited was those who drop out of the program for
medical reasons and never get back in. This GAO study addresses
the issue of veterans who are hospitalized with serious
disabilities, but no outreach effort was being made to those
medical centers.
Mr. Chairman, we do not believe the blame should be placed
directly on the VR&C service. Each hospital is supposed to
have a "case manager." In the event no outreach is being done
by the VR&C service, it seems appropriate for the case manager
in the medical system to make the initial outreach or contact
77
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with VR&C on behalf of the inpatient client. Since past
efforts to implement an effective case management system have
failed, we believe Congress should consider a legislative
mandate to provide case management at a very high level with a
centralized authority to oversee both the medical and benefits
sections. (See VACOR study on case management for other
detailed recommendations.)
In four of the field offices GAO contacted, there were at
least monthly meetings with medical center staff to identify
patients who might be participants in the vocational
rehabilitation program. Some agreement must be reached at some
level to assure a better coordination and cooperation between
the two staffs.
Mr. Chairman, eight of the nine medical centers reported to
GAO that "some vocational rehabilitation services were provided
for severely disabled veterans by state and community programs
and VA medical center based programs." The reasons given by
medical center officials were "(1) veterans have to wait too
long to enter VA's program and (2) veterans and medical center
staff often perceive VA's program as primarily for training,
when patients want more of a focus on obtaining employment."
The recommendations made by GAO and the recommendations we
are making today, must be initiated if we are to have a
meaningful and effective vocational rehabilitation service that
meets the legislative objective — actual employment.
Mr. Chairman, in spite of policy guidance, officials at
five field offices, indicated that they do not follow the
procedures to make additional personal contacts or make special
outreach to medical centers because "(1) [they were] too busy
meeting the needs of program participants and (2) not
comfortable deciding which veterans should get special outreach
based on a disability rating. In general, officials who are not
comfortable basing outreach efforts solely on disability ratings
felt that ratings did not always identify veterans most in need
of services" (emphasis added) .
Mr. Chairman, we do not disagree with that thinking.
However, we do disagree with allowing officials to make that
determination in spite of guidance from central office. They
should be held accountable for implementing the policy as
written. Without centralized policy direction we could have 57
different programs. That can not be allowed to continue.
COUNSELING APPOINTMENTS NOT PRIORITIZED,
BUT OTHER REQUIRED SERVICES WERE PROVIDED
Mr. Chairman, again we have a situation where the regional
office, either by direction of the Regional Office Director or
by the VR&C officer, where a decision is made to administer
the program in his or her own way, rather than follow central
office procedures. Seven of the nine offices scheduled
appointments on a "first come, first-served basis, regardless of
disability rating."
At five of the field offices, an arbitrary decision was
made based on their disagreement with national policy. While I
may not disagree with their basic philosophy, any central office
policy must be adhered to by all offices and not only by those
who "think" it is the right policy.
78
EMPLOYEE PRODUCTIVITY STANDARDS DO NOT DIFFERENTIATE
BETWEEN SERVICES PROVIDED TO SERIOUSLY HANDICAPPED VETERANS
AND OTHER VETERANS
Mr. Chairman, we recommend that a performance evaluation
system be developed and implemented nationwide that gives extra
"weight" to providing needed employment services as well as
providing services to those with serious employment handicaps.
Many of our other recommendations could be incorporated into a
performance evaluation system, including but not limited to the
ability to develop a relationship with community resources and
medical center staff.
In conclusion, Mr. Chairman, I want to state emphatically
that we believe the staff of the Department of Veterans Affairs
Vocational Rehabilitation and Counseling Service are dedicated,
hardworking employees, who have the best interest of disabled
veteran clients in mind.
They are too often overworked; under staffed; burdened with
too much administrative responsibility; attempting to try to
serve three masters, i.e. the veteran, the regional office
director and the central office staff and they are frustrated.
If we intend for this country to have a meaningful
vocational rehabilitation program — one that should be envied
by state and private rehabilitation agencies -- we must provide
the needed resources. To do less, is to tell this staff that we
really don't care and sends a message to our most deserving
disabled veterans, those who are injured, wounded or otherwise
disabled in service to our country, that we really don't care
about them either.
Mr. Chairman, you have been in the forefront of the battle
to provide needed resources to the VR&C service. Your
leadership is needed to continue the fight. We can not and must
not let this situation continue. Thank you. I will be happy to
respond to any questions.
79
GENERAL OPERATING EXPENSES
— 51
claims action and non-rating
board adjudication action.
• Development of an "electronic
VBC". consisting of a computer ter-
minal touch-display that provides
general VA benefits information.
Examining VS's telephone ser-
vices probably best illustrates its abili-
ty to meet demand for its services. A
1991 US Sprint study for 800-service
lines at 47 stations and local telephone
company studies for 23 stations reveal
the large demand VS does not satisfy.
These studies show that blocked calls
(those receiving a busy signal) repre-
sent 25. 1 percent of local line calls and
35.5 percent of 800-service line calls.
In 1990, a similar study revealed a
blocked-call rate of 9.7 percent for
local lines, 1 1.6 percent for 800 lines
and 27 J percent for foreign exchange
lines (VA phased out foreign exchange
calls in 1992). Current VS estimates
of blocked telephone calls project no
relief. For FYs 1992 and 1993. VS
projects 3.8 million and 3.9 million
blocked calls, respectively.
On a positive note, VA imple-
mented (effective October 26, 1992) a
single, toll-free 800 number (1-800-
827-1000) that individuals can call
from any location in the fifty states.
Puerto Rico or the Virgin Islands.
Unfortunately, VA's new nationwide
800 number utilizes no routing
enhancement features for overflow
traffic. Therefore, veterans now have
one number, rather than several, at
which they cannot reach VA.
The abandoned-call rate (repre-
senting those times when the caller
gets through but, after waiting and not
getting service, abandons the call) was
9 percent nationally in FY 1991, up
from 8 percent in FY 1990. During
August, September and October of
1992. the abandoned call rate stood at
1 1 percent. Abandoned calls result
from insufficient telephone circuits or
employees to respond to veteran's
calls. Installing additional telephone
circuits, with enhanced routing fea-
tures for overflow traffic during peak
calling times, and adding additional
employees to answer veterans' calls
would solve the blocked and aban-
doned-call problem.
A one-time cost for installing new
circuits is approximately $200,000
(with increased usage cost of approxi-
mately $930,000 annually). VA esti-
mates that it will take approximately
100 new VBCs. at an annual cost of
approximately S3 million, to respond
to veterans' calls. The total annual
cost for adequate telephone service is
less than $5 million — a small price to
pay to ensure American veterans have
access to information on their
Congressionally authorized benefits
and services.
As we state throughout
the Independent
Budget, rfie IBVSOs believe
that the cost of delivering
benefits should come from
mandatory spending
accounts.
In last year's Independent Budget,
a return to the FY
1985
as a conservative
estimate to meeting Veterans Service*'
FTEE needs. Unfortunately, Veterans
Services' projected 2.152 FTEEs for
FY 1993 represent 41 less than FY
1992. If Congress intends VA to
meet the information and outreach
needs of veterans and individual soon-
to-be veterans, it must provide VA
with the resources to do so.
As we state throughout the
Independent Budget, the IBVSOs
believe that the cost of delivering ben-
efits should come from mandatory
spending accounts. If Congress autho-
rized funding of all VS personnel costs
by transfer from mandatory spending
accounts, VA could staff VS adequate-
ly to perform its mandated functions.
Yet, VA's Compensation and Pension
account still would not exceed manda-
tory spending caps. In addition, the
IBVSOs note that reimbursements
from mandatory spending accounts
would offer considerably more flexi-
bility to allocate VA resources where
they are needed most
The IBVSOs recommend 2.440
FTEEs. so that VS may begin to
satisfy reasonable service levels.
We also recommend that VS
update its telephone equipment.
VOCATIONAL
REHABILITATION AND
COUNSELING (VR&C)
Previous Independent Budgets have
discussed at length the problems con-
fronting VR&C. As the FY 1993
Independent Budget predicted,
VR&C's workload has increased sub-
stantially. For many reasons, includ-
ing the increased number of separa-
tions from active military service.
VR&C expects a 20- to 25-percent
increase in the number of veterans in
rehabilitation programs by the end of
FY 1993. Additionally, as a result of
legislative changes which created a
vice members, the education and voca-
tional counseling workload within
VR&C will increase by approximately
400 percent by FY 1994. This
equates to approximately 500.000
80
GENERAL OPERATING EXPENSES
service members, veterans and eligi-
ble dependents of veterans receiving
vocational counseling.
In FY 1991, Congress provided
appropriations for 69 additional voca-
tional rehabilitation specialists (VRS),
reducing their average workload from
256 veterans to 229 veterans by the
end of FY 1992. The average amount
of time from the point that a veteran
filed his application for vocational
rehabilitation with VA to the veteran's
first appointment decreased from 86
days in FY 1991 to 74 days by the end
of FY 1992.
Due to the projected increased
workloads, VA estimates that in FY
1993, an average of 120 days will
elapse from the time a veteran files a
claim for vocational rehabilitation
until he or she sees a VA counselor — a
46-day increase over FY 1992 and 90
days beyond VR&Cs goal of 30 days.
Likewise, VA expects VRS workload
to increase to an average of 353 veter-
ans in FY 1993, an increase of 124
over FY 1992 and 227 beyond
VR&C's goal of 125.
From o purely economic
standpoint, it is sound
public policy to return
disabled veterans to
meaningful employment
following injury or onset of
disease.
FY 1994 projections are dismal.
VA predicts a continuing decline in
VR&C's ability to provide timely
vocational rehabilitation to service-
workload will leap to 433 days, and
applicant status time will increase to
129 days. This trend must not contin-
ue. Congress must provide VR&C
with enough employees to restore
timely vocational rehabilitation ser-
vices to deserving veterans.
Experts agree that, to be effective,
rehabilitation counseling and training
must begin as soon as practicable fol-
lowing injury or disease onset.
VR&C timeliness and case manage-
ment projections for FYs 1993 and
1994 contravene conventional wis-
dom in the rehabilitation field.
Additionally, we must point out that
putting the disabled veteran back to
work is cost-effective. Recently, VA
studied 3,083 veterans rehabilitated
in 1991 and discovered the following
significant facts about the benefits of
vocational rehabilitation:
• the 3,083 disabled veterans total
annual income before entering
vocational rehabilitation was
$11.9 million;
• 66 percent had no income
when they entered vocational
rehabilitation;
• 84 percent were at or below
poverty level entering training;
• following vocational training.
increased to approximately $60
mil lion — a 402-percent i
ing service members and eligible
VRSc
bilitation, these veterans paid an
estimated $3.7 million to Social
Security; and
• following vocational rehabilita-
tion, these individuals paid $13
million in total estimated state and
federal income taxes.
From a purely economic stand-
point, it is sound public policy to
return disabled veterans to meaningful
employment following injury or onset
of disease. To do this, it is estimated
that 568 additional employees will be
needed just to provide the level of ser-
vices VR&C provided in FY 1992.
Add 568 employees to VR&C.
INSURANCE AND
INDEMNITIES
VA administers seven life insurance
programs, which provide insurance
protection for veterans and serviceper-
sons. At the end of 1992. 3.1 million
policies were in effect, with a total
face value of 26.4 billion. In addition,
VA also supervises the Servicemans'
Group Life Insurance (SGLI) and the
Veteran's Group Life Insurance
(VGLT) programs which, by the end of
1992, provided $341 billion of insur-
ance coverage to 3.6 million veterans j
and servicepersons. The Service!
Disabled Veterans' Insurance and!
Veterans' Mortgage Life Insurance |
programs are the only VA-adminis-
tered insurance programs that are still
open to new issues. SGLI and VGU
are also open to new issues.
VA has two insurance centers
(located in Philadelphia. Pennsylvania,
and St. Paul. Minnesota) that have
provided excellent service
America's
through the years. Due to increased
telephone inquiries, the dividend
for paid-up additions mailing thai
Public Law 102-86 mandated am
increase in death awards, VA an
pates a substantial backlog by
end of FY 1993. The average tun
process an insurance claim wi"
increase from the KY 1992 level of
four days to 42 days by the end of
FY 1993.
81
PVA
STATEMENT OF
CLIFTON E. DUPREE, ASSOCIATE LEGISLATIVE DIRECTOR
PARALYZED VETERANS OF AMERICA
BEFORE THE
SUBCOMMITTEE ON EDUCATION, TRAINING AND EMPLOYMENT
OF THE
HOUSE COMMITTEE ON VETERANS' AFFAIRS
CONCERNING THE
DEPARTMENT OF VETERANS AFFAIRS
VOCATIONAL REHABILITATION PROGRAM
May 20, 1993
Mr. Chairman and Members of the Subcommittee, on behalf of
Paralyzed Veterans of America (PVA), thank you for inviting us to
testify today. The existence of a viable vocational rehabilitation
program is one of the most important benefits available to
veterans .
The Vocational Rehabilitation and Counseling (VR&C) Service
provides assistance to veterans with service-connected disabilities
rated by VA at least 20 percent disabling.
The Service strives to do the following: help veterans become
employable, achieve maximum independence in daily living, and
obtain and maintain suitable employment. It also operates career
development centers and provides counseling services to veterans
and members of the Armed Forces applying for educational and job
training benefits.
VR&C's workload has increased substantially with the increased
number of separations from active military service. Furthermore,
VA expects a twenty to twenty-five percent increase in the number
of veterans in rehabilitation programs by the end of FY 1993.
Legislative changes created a counseling benefit for approximately
100,000 separating service members; the education and vocational
counseling workload within VR&C will increase by approximately four
hundred percent by FY 1994. The VA estimates that in FY 1993, the
average amount of time from the initial application for vocational
rehabilitation to the veteran's first appointment with a VA
counselor will be 120 days, or a 46 day increase over FY 1992 and
four times VA's goal of 30 days.
Mr. Chairman, there is a need to establish a program within VR&C
that is specifically charged with coordinating the employment of
rehabilitated veterans with employers.
801 Eighteenth Street. N.W. Washington. DC. 20006 [202) USA- 1300 Fax: [202) 785-4452
82
The success rate was much higher when VA administered its own job
assistance program before it was "farmed out" to state employment
Disabled Veterans Outreach Program (DVOP) services. There were
several reasons for this: 1) emphasis was on job placement for
disabled veterans and their return to employment related to their
rehabilitation; 2) VA personnel were dedicated to their
responsibility of successfully matching rehabilitated veterans with
employment and their efforts were not diluted with other unrelated
detailed assignments; and 3) veterans received fast action.
One of the most frequent complaints heard from disabled veterans
around the country is the current inadequacy of employment
opportunities. In light of budget constraints faced by VA, PVA
would suggest utilizing work-study employees under supervision of
VR&C. Their responsibility would be to maintain a list of
rehabilitated and potentially rehabilitated veterans as well as a
list of approved employers within the state. It would be necessary
to maintain contact with veterans and employers to help coordinate
and meet each group's needs. Rehabilitation achieved through
training paid for by VA is of no consequence to veterans if they
are not able to utilize the skills they have acquired.
The House and Senate Veterans' Affairs Committees have recommended
that resources be provided to insure vocational rehabilitation
specialists (VRS) have reasonable caseloads. Disabled veterans
cannot receive the quality of vocational rehabilitation services to
which Congress has stated they are entitled unless more VRSs are
provided.
They have determined that an average caseload level should be
between 135 and 150 cases per VR&C. This compares to a workload
average of 60 cases for comparable staff in the state/federal
rehabilitation program. At the beginning of FY 1993 the average
VRS caseload was 353, an increase of 124 over FY 1992. This
results in an average initial interview waiting time of 120 days
compared to 86 days in FY 1992.
FY 1994 projections are dismal. VA predicts a continuing decline
in VR&C's ability to provide timely vocational rehabilitation to
service-connected disabled veterans, separating service members and
eligible dependents. This trend must not continue. Congress
should provide VR&C with enough employees to restore timely
vocational rehabilitation services to deserving veterans.
Experts agree that to be effective, rehabilitation counseling and
training must begin as soon as possible following medical
rehabilitation.
Putting the disabled veteran back to work is cost-effective. A
veteran who successfully completes a program of rehabilitation
increases his or her annual employment income by a factor of nearly
five times over the employment income being received prior to entry
into a vocational rehabilitation program. These benefits are
considerable, not only for disabled veterans, but also for the
economy .
For example, VA studied 3,083 veterans rehabilitated in 1991 and
discovered the following significant facts about the benefits of
vocational rehabilitation:
2,590 were at or below poverty level entering training;
pre-rehabilitation average yearly employment income
of disabled veterans in FY 1991 was $3,346.80. The
average employment income of those veterans in the year
following rehabilitation was $18,277.28;
- after completing vocational rehabilitation, these
veterans paid an estimated $3.7 million to Social
Security; and
- following vocational rehabilitation, these veterans
paid $13 million in total estimated state and federal
income taxes .
From a purely economic stand-point, it is sound public policy to
return disabled veterans to meaningful employment following injury
or onset of disease.
Congress should authorize funding for all vocational rehabilitation
benefits and services from the Readjustment Benefits entitlement
account. PVA believes that VA should give priority to training
seriously disabled veterans. Most veterans in vocational
rehabilitation are rated at only 20 to 30 percent disabled.
Vocational Rehabilitation should be one of the highest priorities
of the Department of Veterans Affairs for the severely disabled
veteran. In the context of catastrophic spinal cord injury,
rehabilitation is the process by which medical, psychological, and
social functions are restored or developed to the level which
permits an injured person to achieve personal autonomy and an
independent, non-institutional lifestyle.
Vocational rehabilitation specialists and counseling psychologists
represent the frontline of the delivery system within this
important program. They must provide benefits in a timely manner
that meet basic quality-of-service standards and be both accurate
and compassionate in their determinations. Today, their mission is
seriously threatened by a significant lack of FTEEs, i.e.
Vocational Rehabilitation Specialists (VRS). VA managers agree
that a realistic goal would be an average caseload of 150 veterans
being interviewed within an average of 45 days of the eligibility
determination date.
However, in order to achieve that goal, Vocational Rehabilitation
Counseling Service estimates that it needs an additional 580 FTEEs
in FY 1994. This should be accomplished through funding from the
mandatory spending portion of the Readjustment Benefits account.
Even with severe fiscal restraints, the average caseload level of
135-150 should be the baseline range for budgetary resource
planning. Higher caseloads make it impossible for VRSs to provide
the minimum level of timeliness and quality in vocational
rehabilitation services which disabled veterans are entitled under
authorizing legislation.
According to vocational counseling professionals, the real lack of
timeliness between applications for services and initial face-to-
face counseling contact has two adverse effects on the disabled
veteran. First, the applicant's level of motivation and morale is
reduced as delays produce the impression that the system is
unresponsive and uncaring. Second, a person who has become
disabled is prone to depression and an increase in psychosomatic
symptoms, a tendency made worse by lengthy delays. Both of these
adverse effects make it more difficult to achieve the primary
objective of vocational rehabilitation, the veterans' successful
re-entry into competitive employment and becoming productive, tax
paying members of society.
PVA recommends that Congress establish, and VA meet, timeliness
standards, since vocational rehabilitation services directly
represent our nation's commitment to service-connected disabled
veterans, those whose sacrifices deserve the highest priority. It
is imperative that services provided under this program meet
acceptable standards of quality.
84
Many veterans applying for vocational rehabilitation can complete
the program by following a prescribed course of education or
training followed by employment placement service. Many others,
however, are in need of more comprehensive services, including
extended evaluation and periodic assessments by Vocational
Rehabilitation and Counseling Service and Veterans' Health
Administration personnel. These two parts must work effectively
together in order to reach the ultimate goal of rehabilitating a
disabled veteran.
The Office of Personnel Management (OPM), in conjunction with the
VA, should make other federal agencies aware of job placement
programs like the Job Ready Disabled Veterans Connection (JRDVC)
and the noncompetitive appointments for 30 percent or more
compensated disabled veterans. After completing vocational
rehabilitation, veterans still need follow-up to assist them in the
transition from the training environment to the employment
environment.
Once a veteran has completed vocational rehabilitation, the VA
should vigorously assist the veteran to find gainful employment.
Disabled veterans who are given the opportunity to participate in
vocational rehabilitation contribute to the federal, state, and
local tax base rather than become dependent on them.
In October 1992, the Disability Income Systems, Inc., in
cooperation with the Paralysis Society of America, released the
"Economic Consequences of Traumatic Spinal Cord Injury, Analysis of
Post-Injury Employment Patterns." The report stated:
"Spinal Cord Injury (SCI) persons injured at working age
(18-64) represent about 147,000 individuals.
This group best represents those individuals who would
face employment decisions after their injuries. This
survey's analysis of post-injury employment shows that
the average months that individuals with SCI were not
employed immediately after injury exceeded sixty months.
Under this survey disabled veterans remained unemployed
an average of ninety months immediately after injury. No
other demographic group under age 65 of any size has such
a small proportion working.
Young blacks, a group often singled out because of their
very high level of unemployment, are much more likely to
be working than are disabled Americans . "
The physical challenge of a disability is not the only reason an
individual cannot find work or gain the experience or educational
opportunity necessary to start a business. The Congress and the
American people are trying to change both physical barriers in the
environment and attitudinal barriers in society that have
challenged people with disabilities.
"The Americans With Disabilities Act," enacted in 1990, made major
strides in directing the nation to help overcome the devastating
effects of discrimination against persons with disabilities.
Mr. Chairman, this hearing, once again, indicates your deep concern
for the needs of disabled veterans. Such concern has enabled VA to
become increasingly responsive to the rehabilitation of these
veterans. That concludes my testimony.
85
STATEMENT OF
BOB MANHAN, ASSISTANT DIRECTOR
NATIONAL LEGISLATIVE SERVICE
VETERANS OF FOREIGN WARS OF THE UNITED STATES
SUBCOMMITTEE ON EDUCATION, TRAINING, AND EMPLOYMENT
COMMITTEE ON VETERANS' AFFAIRS
UNITED STATES HOUSE OF REPRESENTATIVES
WITH RESPECT TO
OVERSIGHT OF THE VOCATIONAL REHABILITATION PROGRAM
WASHINGTON, D.C. MAY 20, 1993
MR. CHAIRMAN AND MEMBERS OF THE SUBCOMMITTEE:
Thank you for inviting the Veterans of Foreign Wars of the United States (VFW) to
participate in this hearing. While our 2.2 million members consider all veterans as equal we
place the service-connected disabled veterans as the first among equals. To reinforce this point,
at our last national convention the VFW general membership unanimously approved Resolution
No. 609 entitled, "Assure Full Continuum Of Care For Veterans With Mandated Entitlement"
The pertinent part of our resolution clause bearing on this hearing emphasizes, "... a full
continuum of care to include preventive, acute, restorative and extended care." A copy of this
resolution is attached to our statement
Because the VFW has historically believed vocational rehabilitation services directly
represent our country's strongest commitment to service-connected disabled veterans, it is
absolutely necessary that all the Department of Veterans Affairs (VA) services required under
Chapter 3 1 , title 38, United States Code, meet acceptable standards of quality and timeliness.
Unfortunately, over the last several years the time lapse between when a disabled veteran
applies for help and when a vocational counseling professional meets for the first face-to-face
contact to discuss the services available has significantly widened. This time lapse adversely
affects the veteran's program motivation because he suspects the system does not care. Also, a
disabled veteran is more likely to experience periods of depression and an increase in
psychosomatic symptoms, which are often exacerbated by lengthy delays and/or a feeling that his
immediate needs are not being met. Together, these problems feed upon themselves and have the
overall tendency to make the veteran's re-entry into competitive employment and his sense of
fulfillment more difficult if not impossible.
From the VA's side of the problem its highly trained and well qualified vocational
rehabilitation specialists (VRS) and professional counselers experience increased workloads,
thus, adding elements of frustration and harassment to a very emotional, very individualized
working environment. In summary, the presently oversubscripted readjustment benefits
workload and the underfunded Fiscal Year (FY) 1994 budget request for all aspects of the
Vocational Rehabilitation and Counseling (VR&C) programs indicate that the quality and
timeliness of services provided by VA to service-connected disabled veterans will continue to
deteriorate. This is totally unsatisfactory in the VFWs opinion.
The VR&C program is national in scope with services provided at 56 regional offices
and/or combined regional office and medical center, 61 decentralized counseling locations, and
many contract guidance centers. In FY 1994 specialists of this program will visit at least 200
active duty military installations as part of the Disabled Transition Assistance Program (DTAP)
to provide earlier advice and assistance to disabled servicepersons who are within 180 days of
discharge from active military service.
86
The overall goal is to provide a program of services and assistance necessary to enable
service-disabled veterans maximum independence in daily living, to obtain, and then to maintain
suitable employment to the maximum extent possible. In those instances where the veteran is
severely disabled for employment, highly specialized services are designed to help them live
more independently than would otherwise be the case.
In order to accomplish this mission in FY 1994, the VA's VR&C budget request asks for
714 full time employee equivalents (FTEEs). This is 1 8 fewer employees than they will have
had for all of FY 1993. The total requested obligation for employment in FY 1994 is $37.4
million, about $365,000 more than the previous year. However, this figure by itself is
misleading. The total employment cost for the previously mentioned 714 staffers will use all this
money to offset their FY 1993 3.7 percent COLA, the projected within-grade increases,
overtime, plus the Government's cost for retirement, health, life insurance and Medicare benefits.
Part of this $365,000 is the $42,000 which comes out of the FY 1994 program's travel
requirement. This money, which was $742,000 in FY 1993 is only $700,000 in FY 1994, and is
needed for traveling expenses by counselors who visit housebound veterans and to place and/or
to supervise disabled veterans who are in vocational rehabilitation and/or are seeking
employment. A remaining $24,000 will be taken from the "other services" program. For FY
1994 some $312,000 is requested against $336,000 for FY 1993. This money is needed
primarily to pay for miscellaneous contractual services which in turn are designed to correct any
program weakness identified over the past 1 8 to 24 months by the General Accounting Office
(GAO) and the VA's own Office of The Inspector General (IG). The overall thrust of the
criticisms from GAO and the IG relates to the poor quality of work and the increasingly greater
amount of time it takes to administer the VR&C requirements. In brief, it doesn't appear to be a
positive management decision to reduce the monetary obligations requests in these programs for
the coming fiscal year in the VFWs judgment.
Unfortunately, too, a review of VA's own workload analysis for all five of the VR&C
indicators shows an increase in FY 1994 over FY 1993. In summary, for FY 1994 there will be a
4,000 increase in the number of veterans who will need an initial evaluation and rehabilitation
plan developed. There will be about 4,300 more disabled veterans in various stages of extended
evaluation, independent living and rehabilitation almost to the point of employability case status
in FY 1994 than there were in FY 1993. In FY 1994 about 500 more disabled veterans will be in
or will have exited employment service case status or returning to another case status for
additional consideration compared to FY 1993. There will be an additional 1,300 veterans in FY
1994 who will be entering into another program case status and it is expected that almost 19,000
more disabled veterans are to receive vocational/educational counseling in FY 1994 primarily
due to the significantly expanded eligibility for this service by Public Law 102-16, the Veterans
Education Employment and Training Amendments of 1991, and the DTAP requirements
contained in Public Law 101-510, National Defenses Authorization Act of 1991. In summary,
the VA is projecting a total of about 29,000 more actions or workload indicators than the
preceding year.
The VR&C services use four measurements to evaluate its own timeliness and quality of
work. First, there is the average number of days from the time the veteran's application for
vocational rehabilitation services is received in the VA to the date the veteran is first able to be
seen for an initial appointment. The primary VA staffer involved is a counseling pyschologist.
The goal is 30 days. In all of FY 1993 the VA expects to average 80 days and in FY 1994 to
reach 85 days.
The second standard is the counseling psychologist's (CP) average monthly caseload,
which represents the number of veterans a CP has provided services for during the month. The
goal is to deal with 18 veterans. In FY 1993 the figure is expected to be 27 and will rise to
almost twice the goal, or 30 veterans, per month in FY 1994. Please recall that this CP effort
forms the basis for entitlement determinations and the development of information to support a
comprehensive written rehabilitation plan. This increase CP average in FY 1994 is a direct result
of a workload increase. Part of the solution would be to aggressively contract out the
psychological counseling required and/or to hire additional VBA counseling psychologists if
money were available. However, the earlier part of this statement clearly shows this course of
action was not pursued in the budget request.
87
The third unit of measurement is the vocational rehabilitation specialist's ( VRS) average
caseload. This reflects the total number of disabled veterans assigned during a year to the VRS
who became the case manager. The goal is 125 veterans. In FY 1993 about 260 veterans will be
managed annually per VRS. This figure will rise to 285 in FY 1994. This is an extremely
important function when we recall that the VRS has the ultimate responsibility to determine
when or even if a veteran has achieved rehabilitative status. Again, it might be possible to offset
this expected increased workload if money were made available to either contract out some of
these services or cost-share with some similar state-federal programs of vocational rehabilitation.
The last indicator is the average time required to move a veteran from employment status
to rehabilitative status. The present goal is 90 to 120 days. However, in FY 1993 the average
time is now 240 days. It is expected to increase to at least 250 days for FY 1994. In all fairness
to the V A it must be recalled that this unit of measurement is driven primarily by the job market
and the general economy rather than by the VA itself. To further complicate this problem is the
fact that there is no rapidly expanding pool of employment positions available to disabled
workers and in general there is a greater number of disabled Americans now competing for a
finite number of jobs.
The FY 1994 major objectives for the Vocational Rehabilitation Service are to:
• aggressively implement DTAP, and;
• enter into new research projects with agencies such as the National Institute of
Disability and Rehabilitation Research (NIDRR) regarding the newest methods
and techniques for rehabilitation programs.
Based on the facts above, the VFW firmly believes that as an absolute minimum enough
money should be provided for VR&C to fund their FY 1994 travel requirements. This could
mean an additional $500,000 for travel.
Our last major concern deals with the General Accounting Office's report of September
1992 titled, "Better VA Management Needed to Help Disabled Veterans Find Jobs." In essence,
GAO concluded that the VA does not emphasize finding jobs for veterans. To the best of our
knowledge the VRS has not yet responded to this very important finding. The VFW respectfully
suggests that they be required to do so as soon as possible.
This concludes our statement and it will be my pleasure to respond to questions any
member may have. Thank you.
Vietnam Veterans ol America.
1224 M S tree I. HW
Washington. DC 20005-5183
STATEMENT OF
VIETNAM VETERANS OF AMERICA
Presented by
William F. Crandeli
Legislative Assistant
Accompanied by
Paul S. Egan
Executive Director
Before the
House Committee on Veterans Affairs
Subcommittee on Education, Training and Employment
on
The Vocational Rehabilitation Program
May 20, 1993
service ocoantzalton i
89
DISCUSSION
Mr. Chairman and members of the committee, Vietnam Veterans of
America (WA) appreciates the opportunity to present its views on
the Vocational Rehabilitation Program of the Department of Veterans
Affairs (VA) . The discrepancy between the dream and the reality in
this program is tragic, but that gap need not be so broad as it is
today.
The whole point of the Vocational Rehabilitation Program is
vocational — helping disabled veterans to train for and obtain
jobs. Nobody would guess this from looking at the program's
product. Only three percent of those veterans who receive a
rehabilitation plan from the program nationwide go directly into
the employment services phase, while 92 percent are sent to
training programs. Of those eligible, VA itself found that in the
period October 1, 1983-February 28, 1991, 36 percent dropped out
even before seeing a counselor, 26 percent quit after meeting one,
9 percent gave up after receiving a rehabilitation plan, 24 percent
were in training, and only 5 percent were considered rehabilitated.
That is a terrible track record.
A User-Unfriendly Program
As is so often the case with the VA, the Vocational
Rehabilitation Program, despite some very caring people within its
staff, is not user- friendly. It does minimal outreach, sending
packets automatically to veterans who receive a disability rating
of 20 percent or higher. These packets are the same for both
seriously-disabled veterans and those who minimally meet the
standards of eligibility. Applicants are treated on a first-come
first-served basis, rather than upon a priority for the seriously
disabled. VA officials at numerous field offices told GAO that
assigning such mandated priorities is not worth the effort, because
seriously-disabled veterans had no greater need and besides, they
might get in the way of veterans with smaller disabilities. This
sort of paternalism ignores the ratings system that is the
underlying structure of how the VA works.
Nor, in general, is there encouragement to enter and complete
the program. GAO noted that "VA does little to train its
vocational rehabilitation staff to provide employment services . "
Further, in three of four offices surveyed, employment services
were not emphasized, and indeed were not discussed until near the
end of the training. Vocational rehabilitation is not easy —
nobody enters such a program simply to stave off boredom. Without
early, continuous and convincing encouragement that such training
can lead to employment, why would anybody bother?
Management Standards Work Against Disabled Veterans
As is true elsewhere in the VA, particularly in the Regional
Offices, management standards for measuring service in the
Vocational Rehabilitation Program are wrong-headed. GAO has cited
three serious problems in this regard.
VA measures program effectiveness according to what percentage
of those who enter the employment services phase actually complete
it with an appropriate job. The figure — 65 percent — is not
high, but it looks significantly better than the 5 percent
completion rate of those who apply for tiu. program, which ought to
be the measure of its effectiveness. The current measure lies with
statistics by discounting the 71 percent of all applicants who drop
out before getting to the employment services portion of the
90
program.
The program measures its timeliness in an odd way, too — by
comparing its performance with the previous year. Thus VA
congratulated itself on reducing its ponderous 95-day waiting
period before a veteran saw a counselor to 94 days between 1989 and
1990. In comparison, experts agree that 30 days would be
reasonable. This alone contributes strongly to having 36 percent
of accepted applicants give up before seeing a counselor.
The third work standard problem is the most unacceptable. By
refusing to distinguish between veterans with minor disabilities
and those who are seriously disabled, VA encourages doing as little
as possible for those who need the most help. Precisely because
seriously-disabled cases take more work, the current management
system rates the staffer who handles a lot of these cases as less
efficient than the one who takes the easy cases. The VA's refusal
to put in place a work standard that recognizes that seriously
disabled veterans require more support than somewhat disabled
veterans encourages staff to discourage those veterans who most
need help.
This puts a premium on "creaming, " the practice of
concentrating on the easiest cases to deal with. While creaming
makes sense in some areas, it is grotesquely out of line in the
Vocational Rehabilitation Program, which was created specifically
to help seriously-disabled veterans gain useful employment.
An Appalling Drop-Out Rate
As mentioned, the VA's user-unfriendly approach and its ill-
considered work standards in the Vocational Rehabilitation Program
cause 71 percent of eligible applicants to drop out before getting
to the program itself. VA has no idea why the drop-out rate was so
high, though the General Accounting Office (GAO) said flatly last
September that the VA does not emphasize finding jobs for veterans.
The GAO report pointed out that VA keeps no data on why veterans
drop out — a problem that recurs throughout the VA system — and
called for VA to do so, and to take action to reduce the drop-out
rate.
WA supports this call, though the drop-out rate is not
mystifying to us. The shortcomings we have already described flow
from an unsupportive organizational culture at the VA. The entire
entitlement system assumes that the veteran does not really deserve
help, is probably trying to fool the government, and must prove
that he or she actually has a problem. This assumption of laziness
follows those veterans who successfully demonstrate disability, for
if they collect compensation, the culture asks, why would they need
jobs? The Vocational Rehabilitation Program focuses on helping
veterans with relatively minor disabilities, as though meaningful
work doesn't matter if your benefits check is on time. Until the
VA's underlying assumption that its clients are frauds and
malingerers changes, specific programs such as Vocational
Rehabilitation cannot be improved very much by fine tuning them.
Implement the 1980 Amendments
The 1980 Veterans' Education and Rehabilitation Amendments
mandated VA specifically to provide job placement services to
participants in the Vocational Rehabilitation Program. Although
interim guidance was issued in 1981, today — thirteen years after
the enactment of the amendments — field offices complain that no
change was made in the procedural manual until August 1992, and
that job placement guidance is still lacking.
The 1980 amendments authorize VA to use contract agencies for
job placement, and where the field offices have done so — paying
only when the veteran receives a job — it works. The Secretary
91
must mandate this.
An alternative is to rely upon state rehabilitation agencies
— which vary wildly in quality — but VA does not do this very
much. Another possibility is to work with the US Department of
Labor (DoL), which updated a national agreement with VA in 1989 to
cooperate and coordinate services with the goal of assisting in the
"successful readjustment of veterans into civilian life." This
coordination exists at the state level, and again the amount of
coordination differs significantly from one state to another.
At best, working through DoL to provide jobs for disabled
veterans is marginally satisfactory. The greatest failing of the
nation's labor exchange provided by the state employment services
agencies is that they reach so few employers. To a great extent,
capable workers stay away from the Job Service because they can't
find good jobs there, and employers stay away because the best
workers do. It is a vicious circle, and disabled veterans are
generally stuck in it. Although WA supports GAO's recommendation
that VA establish effective working relationships with such
agencies as DoL, the use of contracting agencies has a better
success rate, and ought to be encouraged strongly.
Government itself is a major employer that VA ought to work
with in placing trained veterans with disabilities. The federal
Office of Personnel Management (OPM) are or ought to be sensitive
to hiring workers with disabilities, as should most state and local
governments, which are generally convenient to regional Vocational
Rehabilitation offices. These should be routine agencies for
placement of veterans who enter this program.
Set Performance Measures that Challenge VA to Perform
When the Vocational Rehabilitation Program rehabilitates only
5 percent of its eligible applicants and simultaneously rates 90
percent of its field offices as meeting or exceeding VA quality
efforts, the standards are far too low.
GAO reports that timeliness standards do not exist for either
evaluation and training or employment training, nor indeed for the
entire program. VA's goal is to place 65 percent of those veterans
who actually complete the employment services phase in suitable
jobs within 265 days. That is a low percentage and a long time,
and it is especially unimpressive given that only 5 percent are
rehabilitated.
WA supports GAO's recommendation for the VA to consider
benchmarking performance. In its 1992 report (GAO/HRD-92-100) , GAO
comments :
Benchmarking, by definition, is a process used to identify the
best practices from industry and government to continually
improve the services provided to clients. Benchmarks are
continually reviewed and updated. A benchmark can be a
performance standard for one year or a number of years.
Until VA is ready to go beyond its easy standards and low
rates of success, WA will ask Congress to push it. We are asking
that now.
Get Serious About Seriously-Disabled Veterans
Although the interim guidance issued in response to the 1980
amendments calls for providing special outreach to seriously-
disabled veterans in the form of phone calls, personal letters and
visits, and for giving priority to them in scheduling initial
counseling appointments, most field offices ignore these
guidelines. "Special outreach" is no more than what is done for
every other veteran with a disability rated at 20 percent or
92
greater — a pamphlet in a package that is dropped into the mail.
Even where field offices are near the Veterans Administration
Medical Centers (VAHCs) where the seriously-disabled veterans are
treated, no general effort is made to contact them there, nor are
they given priority for counseling appointments. Officials told
GAO they were either too busy helping program participants or
uncomfortable deciding which veterans should receive special
outreach efforts, even though the interim guidance is quite
specific.
No doubt the program is understaffed and underfunded. That is
the legacy of the 1980s to those who sacrificed for this country
prior to the golden age of budget-cutting. Any serious solution to
the terrible waste of veterans who could contribute to the labor
force must address the question of appropriate staffing levels, and
WA strongly supports more funding for this effort.
But our warning is that staffing alone is not enough. As
discussed above, current personnel are made less helpful by a
variety of performance standards that provide disincentives for
helping seriously-disabled veterans.
Most of all, VA needs to get serious about seriously-disabled
veterans. In the past two decades the rest of American government
has made great strides in developing standards and methods for
accommodating workers with major disabilities. Why is this a
secret at the VA? The Secretary needs to set priorities for
helping seriously-disabled veterans and to get tough about
enforcing them. It is unacceptable for Congress and the VA to keep
promulgating rules that are not enforced. Assign some
responsibilities and some measures of success, and stand ready to
discipline those who ignore them.
Conclusion
Mr. Chairman, our disabled veterans have given more to this
nation than most living Americans, and the sacrifices of the
seriously-disabled are the greatest. We have grown all too
accustomed to VA programs that discourage veterans rather than help
them, when even the most hard-hearted and practical policymakers
are able to see the solid value of returning to veterans as much as
is possible of the ability to live normal, productive lives.
Nowhere is the standard of indifference harder to accept than
in the case of those disabled veterans who want to work. Although
many — even most — of the people who work in the Vocational
Rehabilitation Program are caring, competent professionals, the
program itself is a frustrating failure that turns off and turns
away three-quarters of those who come to it.
WA calls upon Congress to get tough with the Vocational
Rehabilitation Program. Find a way to set standards — aggressive
standards — and a way to tie funding to meeting them. For the
overwhelming majority of those who need it, no program at all would
be less cruel than the demoralizing program we have now.
We thank you for this opportunity to present our
recommendations .
93
STATEMENT OF JAMES R. PELUSO, DIRECTOR
NEW YORK STATE DIVISION OF VETERANS' AFFAIRS
TO
HOUSE VETERANS AFFAIRS COMMITTEE,
SUBCOMMITTEE ON EDUCATION, TRAINING AND EMPLOYMENT
May 20, 1993
Dear Mr. Chairman and Members of the Advisory Committee:
I am James R. Peluso, Director of the New York State Division of Veterans'
Affairs. Thank you for the opportunity to provide our views on veterans'
rehabilitation; specifically, on the Department of Veterans Affairs Vocational
Rehabilitation and Counseling (VR&C) program.
On a personal note, I participated in VA's VR&C program, completed a
Master's Degree in Rehabilitation and went on to work professionally in the field
for over ten years. As a result of these experiences and current work with
veterans, I am familiar with VA and state vocational rehabilitation (VR) programs.
The New York State Division pf Veterans' Affairs
The New York State Division of Veterans' Affairs (DVA) was created 45
years ago to serve the State's veteran community. We provide counseling and
outreach services in each of the State's 62 counties to veterans, their dependents,
their survivors and members of the armed forces on active duty. The Division
coordinates the work of State agencies to utilize State resources for better
readjustment services to veterans and their families. We advocate at federal,
State, local and private levels for increased and more appropriate services to
veterans and their families, particularly in health care, mental health services
rehabilitation, and services for the elderly, the homeless and unemployed.
Veterans turn to our State Veteran Counselors for their expertise to guide them
through the maze of federal and State and local programs created to serve
veterans' needs.
In addition to providing direct services to veterans, DVA has been
instrumental in planning for our fourth State Veterans Home and in developing
cooperative programs with the federal government. Programs include housing for
mentally challenged persons, work therapy, home health care, drug and alcohol
abuse programs, supportive employment and affordable dwellings. DVA also
conducts research and planning to sensitize others to veterans' needs, particularly
by identifying problems which may not be adequately understood or represented by
other veterans' advocates. We meet with members of urban and rural community
organizations and provide them with guidance in assessing veterans' needs and
locating resources. DVA distributes information through newsletters and other
publications to improve awareness of assistance sources and to promote events
which commemorate citizens who have served our country.
The Division serves a population of almost 1.7 million veterans, one of the
four largest contingents of veterans in the nation, of which 1.2 million are under
age 65. According to the latest data available, the total includes 137,000
veterans who receive service connected compensation payments. Of those,
approximately 66,000 are under age 65 and 71,000 are 65 and over and are
potentially eligible and could benefit from vocational rehabilitation. For fiscal year
1992 approximately 1,100 veterans living in New York were receiving training
through VA's VR&C program.
Need for Federal-State Linkages
In 1989, a cooperative agreement was signed between VA's Medical
Districts II and III and Northeast Region and the State of New York and DVA which
71-902 0-93-4
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recognized the need to exchange information, engage in joint planning and to
provide cooperative services to veterans and citizens of New York State. It is in
the spirit of this cooperative agreement, a copy of which is attached, that we are
calling upon VA to recognize the need for greater cooperation between VA's VR&C
program and New York State's VR services.
The Department of Veterans Affairs VR&C program has been one of the
most important and successful veteran programs ever developed. Its proven
effectiveness in facilitating the transition of disabled veterans from their status as
unemployed warriors to productive members of their communities is commendable.
Still, VA's VR&C program is not without room for improvement. There are
just 1 6 VA Counseling Psychologists and VR Specialists assigned to territories
which include New York State. The number is far too small to adequately serve
the veteran population in need of vocational rehabilitation.
A single counselor may cover an area which spans a distance of over 200
miles. Servicing such a large territory makes it difficult for a counselor to develop
and maintain the intimate understanding of changing community labor market
conditions and opportunities required for successful job placement. Excessive
caseloads also make it difficult to provide for veterans needing VR services.
The key to better serving veterans' needs lies with the understanding that
VA is not the only provider of VR services to veterans. Veterans also receive
vocational rehabilitation services under the federal Department of Education,
Rehabilitation Services Administration (RSA) through which the New York State
Department of Education, Office of Vocational and Education Services for
Individuals with Disabilities (VESID) operates. VA and VESID VR programs,
however, lack a well-coordinated and systematic joint approach, resulting in
needless, time-consuming, duplication of services that discourages veterans who
can ill-afford to be caught in the wheels of bureaucracy.
As an example of the current disjointedness of VR services to veterans, it is
necessary for a veteran who has been denied VA VR&C services to reapply to
VESID. He or she again faces the time consuming process of being evaluated to
determine eligibility for services. Such hurdles often forestall the possibility that
the veteran will ever achieve his or her potential.
In times of tight resources and the inadequate provision of services to
veterans, a cooperative agreement is needed between VA and state VR programs
to better serve disabled veterans. Such a cooperative agreement would seek to
better utilize the strengths of these two largely parallel VR service systems.
New York State Office of Vocational and Educational Services for Individuals with
Disabilities (VESID)
VESID has approximately 330 VR counselors in 1 5 District Offices across
New York State. In the federal fiscal year ending September 30, 1992, VESID
served a total of 104,000 individuals of whom 5,302 were veterans. During that
fiscal year 448 were closed due to successful rehabilitation and 3,394 cases were
in a status ranging from applicant to services interrupted. VESID's case
management services include job placement and follow-up to determine whether
the placement has been successful and whether additional, on-going services are
needed to keep the veteran in the job.
VESID's strengths include having a large number of counselors who have
knowledge of community labor market opportunities and the training needed to
meet that demand, and who are experienced in helping veterans. Since VESID is
able to serve both service-connected and non-service connected veterans and VA
is not limited to providing benefits to a period of 1 2 years after completion of
military service, VESID serves veterans that VA cannot.
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Leadership from the Secretary of Veterans Affairs
A cooperative agreement to govern joint relationships and activities was
signed in 1 985 between VA's two regional offices in New York State (located in
New York City and Buffalo) and VESID (then the Office of Vocational
Rehabilitation). While the agreement was intended to foster the maximum degree
of federal-State cooperation under current federal and State requirements, it has
been largely neglected except through very informal cooperation in some local
areas. The main reason for its lack of implementation has been the absence of
clear direction from VA regarding how their VR&C program may cooperate with
state agencies operating under the RSA program. Because the agreement was
made at the local level, it was not possible to establish a formal working
agreement for joint provision of services that is necessary to draw upon the
strengths of each agency.
Clear direction is needed from VA, encompassing the following:
1 ) Most importantly, we ask that the Secretary of Veterans Affairs take a
leadership role in the form of administrative directives or new legislation to clearly
assert VA's desire to cooperate with and jointly provide services with state
agencies operating under the RSA VR program.
2) Following such an affirmation, there is need for VA to conduct an
examination of its VR&C program to determine points of congruence and
divergence from the RSA program and how resources under each program might
be used to maximize VR benefits available to veterans through joint provision of
services. This examination should include a review of such areas as medical and
psychological examination requirements and standards, accessibility of records to
state professionals and how to deal with privacy concerns, certification standards
for professional staff, case management practices, job placement services and
follow-up. Review should include consultation with qualified state level
professionals and result in a determination of which VA requirements create
unnecessary roadblocks to better federal-state cooperation.
DVA is a member of a consortium of State agencies examining vocational
rehabilitation programs to improve access to vocational rehabilitation and related
services. DVA sits on the State Interagency Council for Vocational Rehabilitation
and Related Services and works with an advisory council consisting of consumers,
providers and advocates to provide advice and support to the Council.
Although the current unemployment rate for individuals with disabilities is
three times the rate for the general population, DVA embraces the Council's vision
to see the participation of persons with disabilities in the workforce increase by the
year 2000 to where their unemployment rate parallels the general population's.
The State Interagency Council and VESID have made significant
achievements coordinating services to disabled veterans. They include:
► Improving access and empowering consumers of vocational rehabilitation
services.
► Meeting with state agencies who advocate for and provide services to
people with disabilities.
► Simplifying the vocation rehabilitation process:
• A universal referral form for joint use among agencies delivering
services.
• Use of existing medical and evaluative documentation as qualifying
evidence of a disability for VR purposes.
• Standardized testing to assure mutual satisfaction of eligibility criteria.
• Ongoing review of the vocational rehabilitation process.
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► Developing cross agency training:
• DVA trains other agencies in identifying veterans and developing
sensitivity to their needs.
• DVA staff receive training from other State agencies
• Statewide training is developed to enhance the awareness of services
provided by individual agencies.
• Collects and disseminates information on agency training activities
related to vocational rehabilitaion and related services.
• Continue development and dissemination of a Directory for Vocational
Rehabilitation and Related Services in New York State.
The Interagency Council continues to identify policy implementations and
procedures which would avoid duplication of services and time consuming
evaluations. We must involve VA in ways such as:
► Coordinating the eligibility process so VESID accepts a veterans VA Service
Connected Disability Rating or a VA Rating Decision of non-service
connected disability as evidence of disability for VESID purposes.
► Standardizing the battery of tests conducted by VA psychologists to ensure
eligibility criteria of both VESID and VA are met.
► Accessing VESID resources to assist job placement for veterans graduating
from VA Vocational Rehabilitation programs, as the State Agency is more
ubiquitous than the small federal VR staff at VA offices.
► Developing mutually acceptable applications and medical evaluation forms.
VA must examine its own barriers to mutual cooperation and eliminate them.
In addition to such an examination, coordination is underway to develop a
model for federal-state joint service provision. We would like to establish a
comprehensive pilot program with VA, in cooperation with state agencies.
Program for Joint Provision of Vocational Rehabilitation Services in New York State
To continue bridging gaps between VESID/RSA VR and VA VR&C programs,
New York State Division Veterans Affairs is calling upon the Secretary to pilot test
a program for joint delivery of VR services in New York State.
Toward mutual cooperation, VA & DVA are planning a joint VR project in
NYC for homeless veterans. This limited program is only a first step.
We suggest three statewide models:
First Model: VESID's District Offices Provide Job Placement Services to VA
Under this model, VA's VR&C program would determine eligibility for
services, conduct necessary vocational assessments and develop and implement a
rehabilitation plan. When the veterans enters the Employment Services status,
(ready for work), he or she would be referred to VESID. VESID would provide
direct services to prepare them for a job and assist in obtaining employment.
Services could include:
► Evaluating the veteran's job readiness.
► Guiding the veteran in developing and executing a plan of job seeking
activities.
►■ Instructing how to complete job applications and how to appear and
conduct oneself at job interviews.
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► Contacting employers and building a job referral network.
► Coordinating of placement with other agencies such as the Department of
Labor.
► Analyzing work environments for support and other reasonable
accommodations.
► Selective placement of the severely disabled.
► Post-employment services, if necessary.
This approach would allow VESID's significant employer contacts and
geographic coverage to be used to determine a specific placement for the veteran
and have the advantage of VESID counselors' knowledge of the local labor market
for job placement. To ensure the VA trains the veteran for a position which
actually exists in the targeted labor market, the VA VR&C counselor should consult
with VESID counselors when establishing the initial program for job training. This
will help avoid difficult job placements.
An additional problem is this approach is not expected to appreciably
increase the number of service-connected veterans able to access VA's VR&C
system since all veterans would continue to be processed by the VA's limited staff
until the time of placement.
Second Model; Mutual Provision of vr Services
Under the second model, staff members from VA's and VESID'S VR program
would jointly review veteran's applications for VR services, whether initially made
to VA or to VESID, for the purpose of determining whether the veteran is eligible
for VR services from each of their respective agencies. Information developed by
either VA or VESID would be used by the other agency. The criteria used by both
agencies to determine eligibility will be standardized wherever possible to facilitate
the coordinated effort.
VA would provide all case services, such as training and transportation for
veterans who are service-connected disabled and eligible for VA VR&C services.
Veterans not meeting VA VR&C eligibility requirements would be immediately
referred to VESID for determination of eligibility for VESID services.
Following the determination of eligibility for service-connected disabled
veterans, VA's Counseling Psychologist or VR Specialist and the VESID VR
Counselor would jointly determine the VR plan. VESID District Office staff
members would assume primary responsibility for monitoring the veteran's
progress and would supply VA with all information necessary for VA's monitoring
functions. VESID would take the lead role in providing job placement.
This plan would take full advantage of the resources of both agencies to
plan and deliver a comprehensive range of services to service-connected veterans,
and it would speed the provision of both VA and VESID services as it would not
require veterans to reapply to each agency.
It is expected that joint provision of services specified under this model
would result in more veterans receiving VR&C services for the following reasons:
(a) VESID would take primary responsibility for placement and monitoring, which
would permit VA staff to see more veterans, (b) it would create the opportunity for
additional VA outreach to veterans through VESID District Offices, and (c) it would
create the opportunity for greater VESID outreach to non-service-connected
disabled veterans through VA.
A negative feature of this model is both VA and VESID would have a similar
responsibility for eligibility determination and plan development, which might be
seen as a duplication of services.
Third Model; VA Contracts with VESIP for the Provision of all or Selected
Vocational Rehabilitation Services
Under the third model, VA would determine if the veteran is eligible for VA
VR benefits. Following this determination, the rehabilitation plan could either be
developed by VA or the veteran could be immediately referred to VESID, with VA
retaining the right to review the rehabilitation plan. Veterans ineligible for VA
VR&C services would be immediately referred to VESID for determination of
eligibility for VESID services.
Case services provided to a veteran under a VA approved service plan would
be billed directly to VA. Services provided by VESID staff to veterans under a VA
approved service plan, such as counseling and guidance, testing, job development,
and job placement would be billed to VA pursuant to a contract or on an hourly
basis. VESID would manage the case providing VA with regular status reports.
Because this model would take an even greater share of the burden off VA
Counseling Psychologists and VR Specialists, it is expected that it would permit
more service-connected veterans to participate in VA's VR&C program than the
second model. VESID could also serve as an information and outreach arm for VA.
This model would make for the most efficient blend of VA and VESID resources.
The major issue with this option is whether VA currently has legal authority
to contract with VESID for services. A proposed regulatory amendment which was
published in the Federal Register (55 FR 17821, 4/24/90) with respect to the use
of for-profit agencies in programs of employment services and independent living
contains some statements which are suggestive of the possibility that VA may
currently possess the legal authority to contract with state government for VR
A Plea for Leadership Now
There is no question that the large numbers of disabled veterans represent
an under-served population in need of vocational rehabilitation or that the current
separate, parallel, VA and VESID VR systems are inefficient. The only question is
how to get these two agencies to cooperate in a manner which would best take
advantage of the strengths of each.
While the VA Regional Offices in New York State and VESID are continuing
to engage in discussions aimed at determining what can be done to bridge state,
and federal government within the context of current regulations, their work would
be immeasurably aided by an acknowledgement from the Secretary of Veterans
Affairs that whatever impediments exist can be overcome and that a truly efficient
system can be achieved. The time is now for state and federal governments to
begin the work that will permit many of our disabled veterans to lead more
productive lives.
Thank you.
99
AMVETS
STATEMENT FOR THE RECORD
regarding
VOCATIONAL REHABILITATION SERVICES PROVIDED
by the
DEPARTMENT OF VETERANS AFFAIRS
before the
HOUSE VETERANS AFFAIRS SUBCOMMITTEE
EDUCATION, TRAINING and EMPLOYMENT
May 20, 1993
100
AMVETS thanks the committee for this opportunity to present
our views concerning Vocational Rehabilitation and Counseling
(VR&C) .
AMVETS believes there are two major shortcomings in the
delivery of Chapter 31 benefits. First there must be additional
resources devoted to strengthening all aspects of the program. The
Independent Budget for the Department of Veterans Affairs for 1994
calls for an appropriation of $68.6 million and 568 additional FTEE
to accommodate the increasing VR&C workload. That represents a $31
million increase over FY 93 and 582 more FTEE than the FY 94
request .
VR&C's goal is to provide an initial interview with a claimant
within 30 days of application. In 1992, the average elapsed time
from application dropped to 74 days with the addition of 69
vocational rehab specialists. However, by 1993 the average had
increased to 120 days because of significantly increase
responsibilities and caseloads. VA estimates that by the end of
1993, the average caseload will have increased to 353 veterans -
227 above the recommended caseload of 125.
These figures beg the question at what point does the case
overload affect the quality of the work done by the rehab
specialists?
Why is this happening? Simply stated it is a lack of
resources to meet the demand for services. VA expects to see an
additional 25% increase in the number of veterans enrolled in rehab
by the end of 1993. Add to that a 400% increase in the counseling
workload due to legislative changes authorizing counseling for
separating members along with the defense drawdown you have a
system stretched beyond the breaking point.
The increase in demand for voc rehab services will continue to
increase due largely to Disabled Transition Assistance Program
101
requirements and the new Service Members Occupational Conversion
Training Act (SMOCTA) . While we support SMOCTA, additional
staffing will be required to handle the additional 10,750
applicants. Anecdotally, we also understand there have been severe
cuts in travel funds for voc rehab employees and we must caution
that in addition to more staff, the existing staff must have the
operating resources necessary for success.
The second major obstacle is the continuing emphasis on
training without due consideration to providing follow-on
employment services. We do not mean to imply that training should
be sacrificed to provide employment services. Rather the two
functions must exist as equals for a voc rehab program to be
successful. There can be no experience more frustrating than to
complete training and be dumped on the street with no job hunting
skills. Today's job market demands the ability to be highly
focused yet flexible during the job hunt. Veterans with
disabilities may be viewed with at least a modicum of suspicion by
potential employers and therefore must compensate by being skilled
at job seeking.
According to VA figures, in 1992, 3,324 veterans obtained
suitable and stable employment following completion of their voc
rehab course. During the same period, 32,400 were enrolled in
training and specialized services. At that rate, it will take
nearly 10 years for all those now enrolled to find gainful
employment.
Obviously better coordination between VR&C, DVOP/LVER
specialists and other agencies must improve to increase the job
placement rate. We must point out that Title 38 includes
employment services in the definition of services offered under
Chapter 31. VA must do better.
Is voc rehab cost effective? VA statistics show that the
average wage of those completing training increased to $20,244.
102
The average wage before training was $4,120. Additionally,
Independent Budget figures show that 3,083 rehabilitated veterans
studied in 1992 showed a total income before training of about $12
million. After training, their aggregate income increased to about
$60 million and generated $3.7 million in Social Security tax
contributions. Clearly, the vast majority of veterans completing
training become productive citizens rather than a drain on social
services.
AMVETS understands that the Voc Rehab Service did not respond
to a GAO report critical of efforts to find jobs for disabled
veterans. What was the reason for this lack of response to GAO
criticism?
Finally, AMVETS opposes any major reorganization of
responsibilities that would affect VA's ability to provide voc
rehab services. VA has the experience with problems unique to
veteran's rehabilitation needs and the current system is a logical
part of the full spectrum of programs operated by VA.
Mr. Chairman, to summarize, we urge you to provide the
resources needed for this cost-effective program in the form of
additional staff and operating funds. The veterans served by the
Rehab Service are our most vulnerable and deserving of the nation's
help.
103
WRITTEN COMMITTEE QUESTIONS AND THEIR RESPONSES
Chairman Montgomery to Department of Veterans Affairs
Question 1. In one of two reports on the vocational rehabilitation
program prepared by the General Accounting Office (GAO) in
September, 1992, VA is criticized for failing to carry out the
mandates of the Veterans' Rehabilitation and Education Amendments of
1980. These requirements include: providing special outreach to
disabled veterans with serious employment handicaps; and giving
priority in scheduling initial counseling and evaluation
appointments to applicant veterans.
Can you inform the Committee of what actions, if any, VA has taken
to address these deficiencies in the program?
Answer 1. As we stated in our response to GAO, our survey findings
generally indicate that field staff are providing special outreach
and priority scheduling services to disabled veterans with serious
employment handicaps. However, we agree that additional attention
in this area will enhance our ability to reach seriously disabled
veterans. Thus, the following actions have been completed:
o Procedures for providing outreach services to veterans with
serious employment handicaps were reviewed with and
emphasized to all field staff on August 20, 1992, in our
monthly nationwide conference call;
o As part of this same conference call, we emphasized to all
field staff the requirement for prioritizing if appointments
cannot be scheduled within 21 days; and
o Our Operations staff members are now required to write a
specific statement regarding compliance or noncompliance in
all surveys of station operations and follow-up the
implementation of corrective action in cases of noncompliance.
104
Question 2. In the same report, GAO stated that during the period
studied, 71 percent of the veterans dropped out of the program and
VA kept no records as to why these veterans failed to complete the
program.
What is VA doing now to reduce the drop out rate among program
participants?
Is VA now keeping records of the reasons why veterans drop out
of the program? If so, what are some of the common reasons?
Answer 2. The VR&C program staff does keep records of the reasons
why veterans drop out of the program. For all veterans who
discontinue their program, closure statements are prepared and
placed in the veterans* records. This information is subsequently
used by the staff in working with the veteran to resolve problems
that prompted the individual's withdrawal from the program and
motivate him/her to reenter. The case manager codes all reasons for
closure in the Target information system.
In addition, a pilot study has been completed which focused on
reasons why veterans drop out of the program. The preliminary
results suggest three primary reasons veterans do not complete their
rehabilitation programs. These are, in order of frequency;
(l)health problems, (2)veteran breaks contact with the assigned case
manager and all attempts to re-establish contact have failed, and
(3)veteran found employment and no longer wishes to pursue the
program.
105
Question 3. Can you explain why 92 percent of all veterans
receiving vocational rehabilitation assistance go directly from
evaluation into training programs, while only 3 percent go directly
into employment services.
Answer 3. Each applicant for the program is provided a thorough
evaluation to determine if rehabilitation services are necessary;
and if so, what services are necessary to achieve the goal of
rehabilitation. We must determine what vocational objective, in
each case, will hold the greatest likelihood of assuring long-term,
stable employment for the veteran. If the purpose of the program
was to simply get veterans jobs, the task would be relatively simple
and we would not need rehabilitation specialists. But the
overwhelming majority of our applicants are unemployed,
underemployed, or employed in a job which is contraindicated to the
disability. The law gives us many tools, including education and
training, and we use those tools to help the veteran achieve
rehabilitation.
106
Question 4. The Job Ready Disabled Veterans Connection (JRDVC),
which helps Federal agencies locate trained disabled veterans who
want to work in the Federal Government, sounds like an excellent
program. I understand, however, that of the over 700 veterans
registered with the program, only one has been placed in a job.
What is the problem? Is 0PM publicizing the program? What steps
should be taken to improve the placement rate under this program?
Answer 4. We have referred over 800 disabled veterans to 0PM for
placement in Federal agencies via the JRDVC. 0PM acknowledges one
confirmed hiring, but believes the number of placements is much
larger. This discrepancy arises because hiring Federal agencies are
currently not required to report to 0PM the results of using the
JRDVC program. We plan on working with 0PM soon to develop a
tracking system to monitor the number of placements in this
program.
0PM is issuing a Federal Personnel Letter to all Federal agencies in
June 1993 that explains the JRDVC program. In addition, 0PM
regional letters are periodically mailed reminding Federal agencies
about the program.
107
Question 5. One of the most disturbing criticisms from GAO is
that regarding the lack of meaningful standards to measure
program effectiveness and employee productivity.
Can you describe any efforts taken by the Department to address
these problems?
Answer 5. GAO was mistaken in the assessment that meaningful
standards to measure program effectiveness and employee
productivity did not exist. The Total Program Management
system, a method to assess four critical elements, two for
timeliness and one each for productivity, effectiveness, and
quality, was in place and is still in use. We have revised the
goals for each of these measures and they are as follows:
Measure Goal
Applicant Time 30 days
Employment Services Time 90-120 days
Evaluation Time (newly added) 30 days
Effectiveness 75%
Productivity 100%
Quality 100
Applicant Time is the amount of time between the receipt of the
veterans application in VA to the date of his/her initial
appointment.
Employment Services Time is the amount of time between
completion of the veterans program of services and the date
employment is confirmed.
Evaluation Time is the time required to complete the initial
evaluation and create a rehabilitation plan.
Effectiveness is a measure of the percentage of veterans who
become "job ready" to those who gain employment in a year.
This definition is being revised.
Productivity is the measure of manpower cost versus work output.
Quality is the subjective evaluation of appropriate service. A
score of 100 is an evaluation that all requirements have been
met.
We are also creating a system of performance standards for
field staff and they should be in place early in Fiscal Year
1994.
108
Question 6. Can you explain why counselors and vocational
rehabilitation specialists do not discuss job placement with
disabled veterans until near the end of their training?
On what criterion does VA determine which veterans enter
training programs and which enter employment services?
Answer 6. It is incorrect to assume that counselors and
vocational rehabilitation specialists do not discuss job
placement with our chapter 31 participants. Existing program
policy states that effective employment planning should begin
at the earliest possible opportunity within the rehabilitation
process. Program instructions encourage employment services to
begin with the development of the rehabilitation plan, but in
no case should it wait beyond 6o days prior to completion of
the training phase. We continue to emphasize this policy to
our staff and it will be a cornerstone of employment services
training scheduled in the fourth quarter of this fiscal year.
An Individualized Written Rehabilitation Plan is developed with
each veteran who requires services. An extensive evaluation of
the veteran's needs dictates the specific services in each
plan. If the veteran requires training, a training component
is developed. If the veteran possesses adequate skills to
obtain and maintain suitable employment, a employment services
component is developed.
109
Question 7. Does VA now have a system for measuring the costs
resulting from veterans who drop out of the program after their
applications have been processed and their rehabilitation plans
developed?
Answer 7. Over the past few years, we have learned that even
if a veteran is forced to discontinue the program of
rehabilitation services, significant gains are often made to
improve the veteran's independence in daily living and ability
to obtain and maintain suitable employment. Many of these
gains, such as stablization of a medical problem, are elusive
to attempts to measure. While we could calculate the dollars
spent in behalf of the veteran before he or she discontinued
the program, it would not represent the complete picture. We
are developing additional program outcome measures which will
give us a better cost/benefit picture. We anticipate
completion of these measures by December 31, 1993 and we will
be happy to provide them to you at that time.
110
Question 8. During their study, GAO found that only 5 percent
of all applicants found eligible for the program were
classified as rehabilitated.
Can you comment on this?
Answer 8. In their discussion of VA's "drop out" rate, GAO
presented information on the success of the program, which
indicated that only five percent of all individuals applying
for vocational rehabilitation services are rehabilitated. This
would only be an appropriate indicator of the success of the
program if all individuals applying were automatically entitled
to services, participation in the program was mandatory, and
individuals were not permitted to terminate their programs
until completed. However, these individuals have to meet
certain criteria to qualify for the program. They also have to
be motivated enough to comply with the program requirements and
work toward long-range goals while hoping their medical
conditions do not deteriorate, their financial situations
worsen, or any one of a number of other issues do not arise
which would prevent them from completing their rehabilitation
program.
Ill
Question 9. In your judgment, to what degree does the excessive
waiting period for counseling appointments affect the drop-out rate
in the vocational rehabilitation program?
Answer 9. Numerous studies exist which show a positive relationship
between the onset of disability and early commencement of
rehabilitation services. In the case of disabled veterans, the
onset of disability can mean a negative impact on employability and
termination of a military career, as well as cause other physical,
psychological, social, and economic ramifications. If the veteran
learns of the vocational rehabilitation program and files an
application, he or she must still meet the demands of daily living
until scheduled to meet with a counselor and begin a rehabilitation
program. If this time exceeds the veteran's ability to meet the
demands, he/she may be forced to set aside rehabilitation plans and
find any work that can provide an income without seriously
deteriorating the disability. We often see these individuals return
to us, years later, when their situation has worsened and the
challenges and costs for rehabilitation are greater.
112
Question 10. The General Accounting office reported that VA
kept no records to show the degree to which contracting is used
to provide rehabilitation services.
Does VA now have a system in place to record such activities?
Answer 10. Because contractual service providers for
rehabilitation services were not used very extensively,
national data was not collected until fiscal year 1991.
Contract use has risen dramatically in the past fiscal year and
during the current fiscal year as the following data illustrate:
VR SERVICE CONTRACT FUNDS EXPENDED
Fiscal Year Average Cost # of Counselees Total FY Costs
FY 1991 $170 2690 $ 457,364
FY 1992 $200 11943 $2,388,641
FY 1993(1/2 year) $235 6632 $1,558,599
We will continue to track the funds expended for contract
services. We anticipate continued increases.
113
Question 11. GAO also reported that in areas where rehabilitation
services were coordinated with state programs and Department of
Labor employment services, disabled veterans received enhanced
services.
What can VA do to better coordinate the provision of such services
with state and other Federal agencies?
Answer 11. We have long advocated the coordination of services with
other agencies and have entered into national and local agreements
with the Rehabilitation Services Administration of the US Department
of Education and the Department of Labor. We have found that while
we have the ability to directly affect the activities in a local
jurisdiction, because of our organizational structure, other
agencies do not have that same ability. For coordinated services to
take place, each of the local agencies must make a commitment to do
so and follow up with that commitment. Our operating manual, M28-1,
Part I, Appendices 2A and 2B, outlines specific actions, by each
agency, designed to further the goals of veterans rehabilitation.
We will continue to emphasize the need for these actions in our
oversight of field station activities.
114
Question 12. In the same report, GAO noted that VA does not keep
summary data on the number of contracts for employment services. Is
this now being done? If not, why not, and do you plan to do it in
the future?
Answer 12. We do keep records of the number of cases receiving
contracted employment services. Also the costs of these services
are collected each quarter. The table below provides that data for
FY 1992 and the first and second quarters of FY 1993.
EMPLOYMENT SERVICES CONTRACTED
FY 1992 1st QTR FY 1993 2nd QTR FY 1993
// CASES 538 766 820
COSTS $337,901 $383,829 $451,328
115
Question 13. How is it that the procedural manual related to the
1980 amendments in the chapter 31 program [employment services] was
not issued until August 1992? Although there is no legitimate
excuse for this, please explain to the Committee the circumstances
that resulted in a 12-year delay. Additionally, please provide the
Committee with a copy of the August 1992 procedures on employment
assistance.
Answer 13. Original implementing instructions for the program
created in 1980 were issued in April of 1981. These instructions
included employment services, and over the years, additional
instructions were provided through circulars. Employment service
has always been a high priority for staff training, and we have had
national, regional, and local training programs to improve the
skills of our staff, including programs conducted at the National
Veterans Training Institute in Denver. On several occasions, we
purchased employment training and reference materials for field
staff use and provided them with information on changes in various
hiring programs and employment incentives. For the sake of
efficiency, we decided to consolidate this material into one volume,
and even provided field staff with draft copies so that they might
benefit from the material in one volume as soon as possible. There
certainly was not a delay of 12 years in issuing program procedures
and we continue to provide our field staff with the most up-to-date
material available. A copy of our procedural manual M28-1, Part IV,
"Employment Services" is attached.
116
Question 14. GAO notes that one field office has identified
financial problems as a key reason for veterans not completing their
program, and the director of this office has directed his staff to
address financial planning with all veterans in their initial
counseling sessions. Since implementing this procedure in 1985,
this office has had one of the highest percentage increases in the
number of successful rehabilitations of any of the field offices.
Based on the demonstrated success of this procedure, will you
require all field offices to follow the same procedure? if not, why
not?
Answer 14. The conclusion of the GAO team came from observation of
two independent variables, which may or may not have a cause and
effect relationship. There is no credible data which show that the
introduction of financial counseling was the sole or primary reason
for an increased number of rehabilitations in the station noted.
The increased success would likely be attributed to a number of
factors, but we are conducting studies to better determine the needs
of our veterans.
VA staff and the veteran develop an individualized written
rehabilitation plan in each case in which entitlement to a program
of rehabilitation services is found. This plan addresses all of the
factors which may affect the veteran's ability to successfully
pursue a rehabilitation program, including the veteran's ability to
financially support himself or herself during the program.
The importance of sound financial planning has been reemphasized in
recent in-service training meetings as a part of a broad-based
effort to improve the development and implementation of the
veteran's rehabilitation plan. We are also attempting to identify
the key factors which affect a veteran's ability to successfully
complete his or her rehabilitation plan.
117
Question 15. GAO recommended that VA consider benchmarking its
performance under the vocational rehabilitation program in order to
ensure that service to veterans continually improves and progress
toward achieving program objectives is accurately measured.
Have you, or do you plan to, implement this recommendation? If not,
why not?
Answer 15. Vocational Rehabilitation Service has established
benchmarks for the performance of program objectives. Under the
Total Performance Management System, the elements of timeliness,
quality, effectiveness and productivity have been measured and
analyzed continuously since June of 1989. Goals for each area have
been established and tightened regularly to encourage field staff to
provide more timely and effective services to veterans eligible for
vocational rehabilitation.
The table below provides our most current performance data.
TIMELINESS (IN DAYS)
APPLICANT PROCESSING
TIME
TIME TO OBTAIN
EMPLOYMENT AFTER TRAINING
RATIO OF VETERANS
RECEIVING EMPLOYMENT
SERVICES WHO FIND
SUITABLE EMPLOYMENT 67% 70% 75%
QUALITY*
PROFESSIONAL DECISIONS 110 106 100
ADMINISTRATIVE DECISIONS 128 . 129 120
^Numbers are based on a rating scale established by the Vocational
Rehabilitation Service.
PRODUCTIVITY
There are no national statistics on productivity since
productivity is based on local workload factors comparing stations
with themselves from year to year. National numbers do not have any
statistical significance.
2nd QTR
FY 92 FY 93
GOAL
74 66
30
243 232
90-120
EFFECTIVENESS
118
Question 16. In its discussion of timeliness standards for
processing veterans, GAO noted that the timeliness standard for
applicant status does not challenge VA field offices to improve
services to veterans. It also notes that the current average time
in applicant status is much too long. GAO also observes that VA has
not established timeliness standards for the evaluation and planning
and the employment training phases, or for completion of the entire
program.
What steps are being taken to respond to these observations?
What effect do limited resources and large caseloads have on the
issue of timeliness?
Answer 16. We have revised our goals in several areas and now have
goals that state that the veteran should not have to wait more than
30 days from the time the application is received in VA to the time
of the first initial evaluation appointment. The goal for
completion of the evaluation and planning process has been set for
30 days. Since the needs of the veterans, and the rehabilitation
plans designed to meet those needs, are so diverse, establishing an
average goal for program completion would be unrealistic and could
actually cause unintentional harm.
Our experience indicates that the size of the caseload has an impact
on the timeliness and quality of service delivery. With the large
caseload sizes, delays do occur in scheduling appointments and
providing veterans in rehabilitation programs the assistance they
need to progress. These delays can cause temporary disruptions, or
in some cases, abandonment of the programs by veterans who seek
other ways to meet their needs. With the number of veterans in
Employment Status and the limited staff resources available to
assist them, our time averages 5 minutes a week for each veteran.
The employment search process requires a high level of guidance. We
continue to seek out potential management improvements that will
allow us to provide high quality service to the veterans.
119
Question 17. Do you plan to amend VA's criteria for rehabilitation
specialists in order to emphasize experience or training in job
placement? If not, why not. If so, when will this change be
accomplished?
Answer 17. We have been vigorously pursuing changing the
qualification standards for both counseling psychologists and
rehabilitation specialists. One of the compelling reasons for
changing these standards is to ensure the hiring of rehabilitation
specialists who are adequately trained to provide employment
services, as well as other job functions. Our proposed
qualification standards include educational requirements consistent
with current trends in the field of rehabilitation. The revised
qualification standards for these two positions are currently in
VA's internal concurrence process. We hope to have these standards
in place by 10/1/94.
120
Question 18. I have received a copy of VA's comments to the GAO
report entitled, "Vocational Rehabilitation: VA Needs to Emphasize
Serving Veterans With Serious Employment Handicaps." I have not
received a copy of VA's response to the report, "Better VA
Management Needed to Help Disabled Veterans Find Jobs."
Has a VA response been prepared? If not, why not? If a response
has been prepared, please provide the Committee with a copy of that
response.
Answer 18. A copy of VA's response is attached.
121
IAPR 7 IMS
The Honorable John Glum
Chairman, Committee on
Governmental Affair a
Unitad Stataa Sanata
Washington, DC 30810
Daar Mr. Chairman i
At the raquaat of former Chairman Alan Creneton, Sanata
Vatarana Affaire Committee, the General Aooounting Offioa (GAO)
audited the Department of Veterane Affaire (VA) Vocational
Rehabilitation Program to determine hov it ie achieving ita primary
goal of helping disabled veterans to obtain and maintain
employment. Aa part of this assessment, Senator Cranston ashed GAO
to (l) determine what happens to veterans who apply for services,
giving special emphasis to why so many drop out of the program, and
(2) evaluate VA's standards for measuring program succees and for
providing veterans with timely services.
gao reported their findings in their final report, vocational
reictbilitatioki Better va Management Nseaea to Help Diaablsa
veterana rind Jobs (GAO/hrd-92-100) .
I concur with OAO's recommendations and have taken actions to
implement them. The Veterans Banafita Administration (VBA) has
been working to implement 1980 legislation related to finding
suitable employment for diaablad veterana and additional actions
are planned. VA has taken the lead in developing VA/Oepartmant of
Labor agreements at both the national and local levels, but again,
VBA has planned additional actions.
I am also very concerned about the high attrition rate in the
Vocational Rehabilitation Program. VBA ia currently conducting an
attrition study that will provide Information to make future
decisions affecting the drop out rate of veterana. We are also
reviewing program performance standards and will revise them if
appropriate.
The enclosure details actions taken and planned to implement
GAO'e recommendations.
Sincerely yours,
Jesse Brown
. . DISPATCHES
Enolosure -
S2B
122
Enclosure
DEPARTMENT OF VETERANS AFFAIRS COMMENTS TO 6A0
FINAL REPORT VOCATIQMAL amiBILTTATTOMt BHTTUB VX M1MA011M1OT
M1BDTO TO HBLP DIBABLBP VETERANS tHffi_Iflai
(OAO/HRD-92-100)
3A0 raaomnands that I implement the requirements of the 1980
amendments ralatad to finding and maintaining auitabla
employment for disabled veterans.
Va hava baan working to implement thaaa proviaiona for ovar 10
years. Ragulationa and operating prooaduraa hava baan in plaoa for
■ona time. Also, training conferences and materials hava baan in
uaa continually. In addition, VBA haa oonplatad tha following
aotionat
• Ralaaaad tha program oparating manual, M38-1, Part XV,
Employment Sarvicea, to ita fiald stations on Auguat 3, 1993.
This oparating manual inoludaa requirements to idantify
employment service naada early in the rehabilitation process
and address those naada, aa appropriate to tha individual
veteran's case.
• Held a joint va/DQL/dod (Departments of Labor and Defense)
teleconference on September 17, 1992. Its purpose was to train
staff of the three agencies on procedures to assist in
providing services to meet the rehabilitation needs of
separating service members who participate in the Disabled
Transition Assistance Program (DTAP) .
• Completed a joint workshop for VBA vocational
rehabilitation officers and Veterans Health Administration
rehabilitation service staff in February 1993 to develop
uniform policy and procedures to assist severely disabled
veterans achieve rehabilitation goals. The workshop included
a panel focusing on coordinated employment services.
Panelists included officials from state and federal
rehabilitation programs, DOL representatives, and VBA.
The following additional actions are planned:
• Assessment of employment services will continue to be a
part of all station surveys and Quality Review System oaee
reviave. Recommends t lone for specific training activitiea
will flow from these assessments. We anticipate the
completion date to be September 30, 1993.
a a work group will be formed to review and refine current
contracting procedures. The work group will develop a program
guide for field etaff to uee to facilitate further uee of
123
contracting for employment services. We anticipate the
completion data to ba Saptaabar 30, 1993.
oxo recommends that I taka tha lead in dava loping with tba
Department of Labor an affaetiva working arraagamant for
providing job placement services to diaablad Yatarana.
VA hoa taken tha laad in developing VA/DOL agreements at the
national aa well aa the local levels. We will continue to focus
attention on training personnel at the National Veterane Training
Inetitute aa reeouroea are available, work with 0OL on joint
committees end special projects from the national level
representatives and local veterans employment representatives, when
appropriate. We a lac plan tha following additional actions:
• All Vocational Rehabilitation and Counseling Officers will
ba required to meet with the eppropriate DOL personnel in
their araa and produce a working agreement that will maximise
the involvement of DOL resources for aaaisting chapter 31
veterans in employment services, we anticipate completion in
early April 1993.
• We will explore with DOL'S Veterans Employment and Training
Service, the idea of an employment services course at the
National Veterans Training institute. Sucn a couree would be
specifically tailored to the needa of VA rehabilitation
personnel. We anticipate completion by June 30, 1993.
0A0 recommends Z determine why ao many veterans drop out
before completing the program and take action to reduoe the
number of dropouts.
The Vocational Rehabilitation service is presently conducting an
attrition study which will give us the necessary information to
make future dacieiona affecting the drop out rate of our
participants. Policies and procedures generated from this study
and other input will be developed and distributed to field staff.
We anticipate completion by September 30, 1993.
«ao reeoaaeade z review the performance standards established
for the vocational rehabilitation program and determine
whether eervlee to veterans can ba improved by establishing a
realietie performance measurement system, sueh aa
benchmarking, that clearly foeusee on the program's objectives
and continually meaeuree progress towerd aehleving them.
Performance measures are dynamic toole thet assist ue in improving
the quality of service provided to dieabled veterana. Wa are
constantly looking for methods of fine tuning the management toole
which will give ue en accurate reading of the quality and level of
service being provided. Ueing the four-member Vocational
Rehabilitation and Couneeling field Advisor Committee aa
124
consultants, va will accomplish this review and develop revised
psrfomance standards. Wa anticipate completion by Saptanbar 30,
1993.
125
ACV Department of
Veterans Affairs
Vocational Rehabilitation and
Counseling Under 38 U.S.C.
Chapter 31
Employment Services
April 16, 1992 Veterans Benefits Administration
M28-1. Part IV Washington DC 20420
71-902 0-93-5
126
M28-l,Part IV Veterans 1
Department of Veterans Affairs
Washington, DC 20420
April 16. 1992
Pan IV, "Employment Services," Veterans Benefits Administration Manual M28- 1 , "Vocational Rehabilitation and Counseling
Under 38 U.S.C. Chapter 31," is published for the compliance of all concerned.
By Direction of the Chief Benefits Director
DENNIS R. WYANT, Ed. D., C.R.C
Director, Vocational Rehabilitation Service
Distribution: RPC: 2201
FD
Printing Date: June 1992
127
April 16, 1992 M28-l,PartIV
I.
2.
3. Circulars
28-80-3, App. P
28-85-8
128
A»riU6,1992 M28-1, Part IV
CONTENTS
PART IV. EMPLOYMENT SERVICES
CHAPTER PAGE
I. Employment Services— General 1-1
i. Eligibility and Duration of Services 2-1
3. Employment Planning 3-1
4. Job Development and Placement Services 4-1
5. Supportive Services 5-1
6. Special Incentives for Employers 6-1
7. Self-Employment 7-1
8. Veterans Preference and Affirmative Action Programs 8-1
9. Postemployment Phase L 9-1
129
April 16, 1992
M2*-l,PartIV
CHAPTER 1. EMPLOYMENT SERVICES— GENERAL
PARAGRAPH PAGE
1.01 Introduction 1-1
a. Purpose 1-1
b. Authority 1-1
c. Necessary Conditions 1-1
1.02 Definitions 1-1
a. Program (or Period) of Employment Services 1-1
b. Job Development 1-1
1.03 VR&C Division Responsibility 1-2
a. Case Management Is Critical Element in Employment Services 1-2
b. Monthly Reviews of Employment Services Cases 1-2
c. Services Must Be Offered to All Eligible Veterans 1-2
1.04 Veteran's Responsibility 1-2
130
April 14, 1992 M28-1, Pwt IV
CHAPTER 1. EMPLOYMENT SERVICES— GENERAL
1.01 INTRODUCTION
a. Purpose. The chapter 3 1 vocational rehabilitation program has as its intent not merely to supply training, but "to provide
for all services and assistance necessary to enable veterans . . .to become employable and to maintain suitable employment." (38
U.S.C. 3100. emphasis added.)
b. Authority. VA furnishes employment services under 38 CFR 21.47 and 21.250 through 21.258. These regulations
authorize a broad range of direct and indirect services and assistance until the veteran is placed in suitable employment and a 60-
day or longer follow-up reveals that the veteran has satisfactorily adjusted in employment and that he or she can expect to remain
on the job.
c. Necessary Conditions. VA will provide employment services when all of the following conditions are met:
( 1 ) The veteran has completed a vocational rehabilitation evaluation;
(2) On the basis of information developed in the evaluation. V A has found the veteran to have an employment handicap under
38 CFR 2 1 .5 1 or he or she meets the requirements of 38 CFR 2 1 .47 as a current or prior rehabilitation program participant (see
1 2.01 below for further discussion of eligibility);
(3) VA has identified the needed employment services and verified that the services are available; and
(4) The veteran's IWRP (individualized written rehabilitation plan) or IEAP (individualized employment assistance plan)
: the needed services. (See 38 CFR 2 1 .84 and 2 1 .88 for more complete discussions of the IWRP and IEAP.)
1.02 DEFINITIONS
a. Program (or Period) of Employment Services. "Program (or period) of employment services" includes the counseling,
medical, social, and other placement and postplacement services which V A can provide to a veteran under chapter 3 1 . title 38 U.S.C..
to assist the veteran to obtain or maintain suitable employment. The term "program of employment services" applies only if the
veteran's eligibility under chapter 3 1 is limited to employment services. (See 38. CFR 2 1 .250(b)( I ).)
b. Job Development. "Job development" means a comprehensive, professional set of services to assist the individual veteran
to actually obtain a suitable job. and not simply the solicitation of jobs on behalf of the veteran. Job development requires that case
managers establish an ongoing, mutually beneficial relationship with local employers. If case managers provide well-trained,
motivated chapter 3 1 participants as prospective employees, employers will be increasingly likely to offer veterans opportunities
! for suitable employment (See 38 CFR 21.250(b)(2).)
( I ) Benefit to Employers. Referral of suitably trained and prepared individuals who have received the necessary supportive
services, such as adjustment counseling and job modification, benefits employers directly through the referred workers' long-term
tivity.
(2) Benefit to Veterans. Successful referrals contribute a continuing benefit to the Vocational Rehabilitation Program by
establishing a network of employers receptive to further VR&C (Vocational Rehabilitation and Counseling) Division referrals of
potential employees.
(3) Individual Aspects of Job Development. Job development for individual veterans may also entail resume preparation,
role-play interviewing techniques, and other services necessary to enhance the veteran's job readiness prior to referral.
(4) Job Clubs. VR&C Divisions may want to set up a job club or refer veterans to existing job clubs. A job club operates in
a structured setting where groups of veterans work on various aspects of job search and in developing job seeking skills.
131
April 16, 1992
1.03 VR&C DIVISION RESPONSIBILITY
VR&C staff members are responsible for assisting the veteran until the veteran satisfactorily adjusts to employment and the
veteran 's situation meets the conditions for declaring the veteran rehabilitated under 38 CFR 2 1 . 1 96. Therefore, the case manager's
responsibilities do not end when the veteran has completed training.
a. Case Management Is Critical Element in Employment Services. To meet VR&C employment and work adjustment
responsibilities, effective caseload management becomes critical. The techniques and procedures discussed in this part will help
case managers to carry out these responsibilities. For more information on case management, refer to part III , chapter 1 , paragraph
1.01.
b. Monthly Reviews of Employment Services Cases. Beginning 90 days after the declaration of rehabilitation to the point
of employability. and each month after that, the VR&C Division must review all employment services cases. This review may be
done in group meetings of the VR&C Officer and all the case managers, by a committee of the VR&C Officer and selected VR&C
staff members, or in indiv idual sessions with the VR&C Officer and each case manager. Although group sessions are recommended,
the VR&C Officer will choose the method of review which is most effective for the division. Group sessions can be extremely
helpful in developing a team approach to providing effective employment services and in providing the widest knowledge base for
addressing the employment needs of the veterans under review. These reviews may also include group analysis of the needs of
veterans approaching the end of the training phase of their rehabilitation plans. To assure that each veteran is progressing according
to plan, the case manager should contact the veteran in Employment Services case status monthly. During this contact, the case
r should assess the following:
(1) Is the veteran following the employment-seeking actions which the IEAP outlines?
(2) Do circumstances require modification of the IEAP, including changes in services or service providers? If the plan needs
modification, the case manager and the veteran will develop these changes along with evaluation and progress criteria.
c. Services Must Be Offered to All Eligible Veterans. VR&C suff members will work with the veteran to assure his or her
satisfactory conduct and cooperation in participating in the planned employment services. For a veteran receiving these services,
an essential first step is the development of an IEAP. In developing the IEAP, VR&C staff members will make a reasonable effort
to inform the veteran of the services available to assist him or her in securing suitable employment, including services available
through other agencies and institutions. In the process of cooperatively developing an IEAP, VR&C staff members will also assure
that the veteran is aware of his or her responsibilities regarding successful implementation of the rehabilitation plan. (38 CFR
21.362(b))
1.04 VETERANS RESPONSIBILITY
The veteran shares responsibility for achieving the job-readiness objectives in the IWRP and the job-seeking objectives in the
IEAP within the time allotted under the IEAP. If the veteran fails to follow through in reaching the planned objectives, the case
manager should contact the veteran to help resolve any difficulties in the job search. If the difficulties continue, the case manager
may need to refer the veteran to the counseling psychologist to redevelop the plan. If the veteran still fails to cooperate, the case
manager may need to make a decision to interrupt or discontinue employment services under 38 CFR 2 1 .362 and 2 1 .364. If the
case manager has interrupted or discontinued employment services because the veteran has failed to cooperate, the VR&C Division
can reinstate the veteran into Employment Services case status only if the veteran meets the requirements in part I, chapter 10 and
in 38 CFR 21.364.
132
April 16, 1992
CHAPTER 2. ELIGIBILITY AND DURATION OF SERVICES
PARAGRAPH PAGE
2.01 Eligibility Criteria 2-1
a. Eligibility of Current Participants 2-1
b. Eligibility of Prior Participants 2-1
C Eligibility when General Vocational Rehabilitation Eligibility has Expired 2-1
d. Determination of "Rehabilitated to the Point of Employabi luy" 2-1
e. Veterans Solely in a Program of Employment Services 2-2
2.02 Duration of Employment Assistance 2-2
a. Duration Limited to 1 8 Months 2-2
b. Employment Assistance Not Charged Against Entitlement 2-2
2.03 Authorization of Employment Services 2-3
a. General 2-3
b. Commencing Pate 2-3
c. Termination of the Authorization of Employment Services 2-3
133
April 16, 1992
CHAPTER 2. ELIGIBILITY AND DURATION OF SERVICES
2.01 ELIGIBILITY CRITERIA
a. Eligibility of Current Participants. Each veteran currently eligible for and entitled to vocational rehabilitation services
to overcome an employment handicap is eligible for assistance in obtaining or maintaining suitable employment (see 38 CFR
2 1 .47(a)). This includes veterans entitled to and needing only employment services (see subpars. c and e below) and veterans who
may already have been rehabilitated to the point of employability, or who have terminated training (see subpar. b below), but who
now need assistance in finding or maintaining employment.
NOTE: For a more complete discussion of the scope of assistance available .refer to part 111. chapters!. 3, 4, 5. and6. See especially
chapter 2 . table 2.01 "Rehabilitation Services — Case Statuses in Which Services May Be Provided. " See also chapter 5 of this part
for additional information.
b. Eligibility of Prior Participants. A veteran who has been in a vocational rehabilitation program under 38 U.S.C. chapter
31 or a similar program under the Rehabilitation Act of 1973 as amended and is employable in competitive employment, in a
sheltered workshop, or in another special situation at the minimum wage is eligible for employment assistance under the following
conditions:
(1) The veteran has filed a formal claim for vocational rehabilitation;
(2) The veteran has a service-connected disability which meets both of the following conditions:
(a) The disability was incurred on or after September 16, 1940; and
(b) VA is paying at least the 20 percent rate of compensation for the disability, or would pay compensation if the veteran were
not receiving military retired pay (For individuals who first applied for vocational rehabilitation before November 1, 1990, the
veteran's combined disability rating must be greater than 0 percent. This includes veterans who are only entitled to compensation
under 38 U.S.C. 1 1 I4(k) or former (q).);
(3) The veteran has either
(a) Completed a vocational rehabilitation program under 38 U.S.C. chapter 3 1 or participated in such a program for at least 90
days on or after September 16, 1940; or
(b) Completed a vocational rehabilitation program under the Rehabilitation Act of 1 973 as amended after September 26, 1 975,
or participated in such a program for at least 90 days of post-secondary education or vocational training (38 CFR 21.47(b)); and
(4) A CP (counseling psychologist) has reevaluated the prior participant and has determined that the veteran currently has an
employment handicap and that achievement of a vocational goal is currently feasible.
c. Eligibility When General Vocational Rehabilitation Eligibility Has Expired. VA may furnish a program of employment
assistance even though the veteran's basic period of eligibility has already expired if the veteran has an employment handicap, but
the veteran is currently employable in a suitable occupation (38 CFR 21.47(d)).
d. Determination of "Rehabilitated to the Point of Employability". VA considers a veteran rehabilitated to the point of
employability wheiuone of the conditions in 38 CFR 21.190(d) is met. A veteran rehabilitated to the point of employability has
become employable in an occupation for which VA provided a program of training under chapter 3 1 and therefore is entitled to an
EAA (Employment Adjustment Allowance). In particular, it means that the veteran has overcome the impairments relating to
preparing for suitable employment which the CP originally identified when determining that the veteran has an employment
handicap (see part II. chapter 1 ). The case manager will document the determination that the veteran has been rehabilitated to the
point of employability on VA Form 28-1905d, Special Report of Training, addressing the following issues:
134
M28-1, Part IV April 16, 1992
( 1 ) Has the veteran overcome the deficiencies in education and training which originally contributed to the finding of need for
vocational rehabilitation services and existence of an employment handicap? Has the veteran successfully completed the training
necessary to enter employment in the occupation chosen for his or her program goal? In addition, has the veteran received all the
nontraining rehabilitation services and assistance necessary to begin the job search process?
(2) Does the veteran need further remedial, supplementary, or additional training? Does the veteran need licensing or
certification to achieve employability?
(3) Has the veteran demonstrated personal behaviors — for example, self-discipline, self-reliance, dependability — necessary to
secure and maintain employment? Are continuing services, such as psychotherapy, necessary to maintain positive behaviors and
maintain employment once the veteran obtains it?
(4) Is further preparation necessary to overcome the effects of negative altitudes toward the disabled? Attendance at an
assertiveness seminar is an example of this preparation.
(5) Has the veteran adequately overcome the limiting effects of the veteran's disabilities — both service-connected and
nonservice-connected? Are additional services, primarily medical services, necessary to address this issue? In answering this
question, the case manager will pay particular attention to any changes which have occurred in the veteran's condition since the
initial evaluation or subsequent reevaluations.
(6) Do current job market conditions continue lo indicate that adequate opportunities exist in the veteran's occupational program
goal? Although the CP and the case manager will thoroughly consider this issue during Evaluation and Planning, they must also
periodically reassess market conditions while the veteran is in Rehabilitation to the Point of Employability. This reassessment will
help to ensure that the veteran is progressing toward a realizable employment goal. The case manager will note these reassessments
in the CER folder. Within the last 6 months the veteran in Rehabilitation to the Point of Employability, but before declaring the
veteran employable, the CP and the case manager must completely analyze and document job market conditions for the veteran's
specific employment goal.
(7) Does the veteran know how to conduct a job search and to succeed in the job interview process? Has the veteran received
training in job interviewing skills? Does the veteran need role-playing training for the job interview process? Does the veteran need
training or assistance in resume preparation?
e. Veterans Solely In a Program of Employment Services. In some instances, a CP may determine that a disabled veteran
with an employment handicap is already employable, but needs employment services to obtain or maintain suitable employment.
This veteran would not have progressed through Rehabilitation to the Point of Employability status. Therefore, he or she would
not be entitled to receive an employment adjustment allowance. If the CP and VRS (vocational rehabilitation specialist) determine
that achievement of a specific vocational goal is desirable, the CP will document this finding on VA Form 28- 1 902b, Counseling
Record — Narrative Report. Following completion of the IEAP (individualized employment assistance plan), the case manager will
then close Evaluation and Planning status and assign the veteran to Employment Services status.
2.02 DURATION OF EMPLOYMENT ASSISTANCE
a. Duration Limited to 18 Months. A period of employment assistance is limited to a total of 18 months (not including any
time in Interrupted status). Within the 18-month limitation, the case manager will tailor the type, duration, and phasing of
employment services to accommodate the veteran's needs. During the 1 8-month period, the veteran should concentrate his or her
efforts to complete the agreed-upon activities in the IEAP. The case manager needs to encourage this diligence because good
rehabilitation practice has shown generally that the best chance for a smooth transition to employment is immediately after
successful completion of the education and training portion of a vocational rehabilitation program.
b. Employment Assistance Not Charged Against Entitlement. VA will not charge the 18-month period of employment
assistance against entitlement under 38 U.S.C. chapter 3 1 . Therefore, if an eligible and entitled veteran is employable in a suitable
occupation, VA may still supply employment assistance even though the veteran has exhausted 48 months of chapter 3 1 entitlement
and is not eligible for an extension. In general, a veteran who has received 18 months of employment services may not receive
additional employment services. If a veteran has failed to achieve suitable employment by the end of this 18-month period, the
VR&C Division must discontinue the case. A veteran in either Rehabilitated or Discontinued case status, however, may request
2-2
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April 16, 1992 M28-1, Part IV
additional employment assistance. This veteran must formally reapply and VA must redetermine chapter 31 eligibility and
entitlement. If the veteran is eligible and entitled. VA will offer the veteran vocational rehabilitation services — to include up to an
additional 18 months of employment services.
2.03 AUTHORIZATION OF EMPLOYMENT SERVICES
a. General. To determine the commencing date of an IEAP, refer to 38 CFR 2 1 .326 and 2 1 .88.
b. Commencing Date. Employment Services case status begins on the date VA determines the veteran has been rehabilitated
to the point of employability (see par. 2. Old above). In the normal progression of a chapter 31 vocational rehabilitation case.
Employment Services case status will begin immediately following completion of the period the veteran was in Rehabilitation to
the Point of Employability case status. Thus, having completed formal training and other rehabilitation services and having
achieved the necessary employability objectives included in the IWRP (individualized written rehabilitation plan), the veteran
would then embark on a period of employment services designed to result in adjustment to suitable employment. When a program
of employment services constitutes a veteran's entire rehabilitation program, the veteran may begin to receive the employment
services established in the IEAP once the IEAP is signed.
c. Termination of the Authorization of Employment Services. The case manager will terminate authorization for
employment services the earliest of the following dales:
( 1 ) The last day VA provides employment services under the terms of an IEAP, when employment services are discontinued,
or the veteran is rehabilitated;
NOTE: If a veteran ' s program is interrupted, the case manager must establish a specific dale for reentry into Employment Services
status under 38 CFR 21.197.
(2) The date VA finds that the authorization was erroneous because of an act of omission or commission either on the part of
the veteran or on the pan of another individual who committed or omitted the act with the veteran's know ledge:
(3) The last day of the month in which severance of service connection becomes final;
(4) The day preceding the date of a fraudulent act; or
(5) The date preceding the commission of a treasonable or subversive act for which the veteran is convicted. (38 CFR 2 1 .326)
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April 16, 1992 MM-l.PirtIV
CONTENTS
CHAPTER 3. EMPLOYMENT PLANNING
PARAGRAPH PAGE
3.01 Role of Employment Planning in the Rehabilitation Process 3-1
a. Suitable Placement Is the Primary Goal 3-
b. Thorough and Early Employment Planning Is Critical 3-
3.02 Responsibility During Employment Planning 3-
a. Veteran's Responsibility 3-
b. VR&C Division's Responsibility 3-
3.03 The Individualized Employment Assistance Plan 3-2
3.04 Creativity in Employment Planning 3-2
3.05 Selection of Services and Resources 3-2
a. Important Considerations 3-2
b. Service Categories - 3-2
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April 16, 1992
CHAPTER 3. EMPLOYMENT PLANNING
3.01 ROLE OF EMPLOYMENT PLANNING IN THE REHABILITATION PROCESS
Effective employment planning should begin at the earliest possible opportunity within the rehabilitation process. This may
include extensive use of vocational evaluations and other evaluation techniques to determine the veteran's ability and motivation
to woTk. The results of this evaluative methodology would then be immediately incorporated into career exploration activities,
which lead to identification of a suitable vocational goal and planning of the training, services, and other assistance necessary to
reach that goal. Title 38 U.S.C. 3104(a)(5) authorizes VA to fumish the necessary services to assist eligible disabled veterans to
obtain and maintain suitable employment.
a. Suitable Placement Is the Primary Goal. Placement in and adjustment to suitable employment — that is, employment
which is consistent with the veteran's abilities, aptitudes, and interests — is the ultimate purpose of each rehabilitative service which
nearly all entitled veterans receive. Therefore, employment services are a primary component of almost all vocational rehabilitation
programs. Nearly all I WRPs (individualized written rehabilitation plans) should clearly state a specific vocational goal and outline
the specific employment activities which the veteran needs topursue during his or her program to achieve that goal. Thus, the outline
will focus the veteran 's efforts not just on training, but on the ultimate vocational goal, obtaining gainful employment. Among these
employment activities, the 1 WRP might include registering with college placement offices, joining professional organizations, and
applying for summer jobs in the area of his or her chosen vocational field.
b. Thorough and Early Employment Planning Is Critical. Detailed planning is essential to the provision of effective
employment sen ices. In effect, planning for employment begins with the evaluation process, described in detail in pan II. chapters
I and 2. For a delineation of the preparation of the IEAP (individualized employment assistance plan), see part II, paragraph 2.05.
3.02 RESPONSIBILITY DLRING EMPLOYMENT PLANNING
a. Veteran's Responsibility. An entitled veteran participating in employment planning must assist VR&C staff members to
clearly understand his or her employment needs. He or she should accomplish this by openly and candidly reviewing personal
strengths and goals, obstacles to goal attainment, and other pertinent vocational information during counseling sessions with VR&C
CPs (counseling psychologists) and VRSs (vocational rehabilitation specialists).
b. VR&C Dmsion's Responsibility. VR&C CPs and VRSs are ultimately responsible for establishing positive counseling
relationships with each veteran in their caseloads. Within the context of that working relationship, VR&C staff members will ensure,
to the maximum extent possible, that the veteran receives quality planning services. This requirement includes, but does not limit
itself to the follow ing concepts:
( 1 ) The veteran is an equal partner in the employment planning process.
(2) The veteran's self-perceptions regarding both employment planning and vocational goal formation are important.
(3) The veteran can make informed vocational choices best if VR&C staff members select and include all appropriate resources
and services within the planning process. These resources may include any combination of the following elements:
(a) Veteran's self-report;
(b) Record of past training, employment, and educational experiences;
(c) Vocationally oriented testing;
(d) Descriptive occupational literature and films:
(e) Information-seeking meetings with vocational role models; and
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M28-1, Part IV April 16, 1992
(f) Career reality testing designed to answer questions such as:
1. Does the veteran have the skills and abilities to successfully pursue the occupational interest?
2. What are the veteran's opportunities for eventual employment in his or her occupation of interest? State and municipal
resources should be helpful in obtaining this information.
3_. Are there aspects of the veteran's background or circumstances which could either jeopardize or enhance the potential for
vocational goal attainment?
(4) The case manager should agree with the veteran on a specific time, place, and date for the first supervisory meeting after
the veteran enters Employment Services case status. Ideally, this agreement should be done when the IEAP is signed.
3.03 THE INDIVIDUALIZED EMPLOYMENT ASSISTANCE PLAN
VR&C staff members will document the IEAP on VA Form 28-8872, Rehabilitation Plan. By signing this plan, the case manager
and the veteran mutually agree to complete selected tasks intended to result in the veteran obtaining and adjusting to suitable
employment. In each case, the IEAP will individually develop and rank the tasks in terms of preferred sequence of completion. The
case manager and the veteran will complete the IEAP:
a. No later than 60 days before the projected end of the period of training and other rehabilitation services leading to the
declaration that the veteran is employable, or
b. Following evaluation if employment services constitute the whole of a veteran's program.
3.04 CREATIVITY IN EMPLOYMENT PLANNING
Each veteran who participates in employment planning presents a unique opportunity to VR&C staff members. The realization
of the veteran's ultimate goal of acquiring and maintaining suitable employment is directly related to the investment of time and
effort which the CP and case manager expend in creatively integrating employment services and resources into the IEAP.
3.05 SELECTION OF SERVICES AND RESOURCES
a. Important Considerations. The CP's and case manager's assessment of employment assistance needs should include a
review of all the following factors:
( 1 ) Has the veteran profited from the services which VA has previously furnished?
(2) What personal strengths does the veteran have which support attainment of the program goal?
(3) What are the deficiencies which the program of services must assist the veteran to either overcome or circumvent if the
veteran is to achieve the program goal?
(4) Can the veteran reasonably achieve the program goal?
(a) If the answer is "yes." which services and resources should the IEAP include to ensure goal achievement? List these services
and resources in the IEAP in the order in which the veteran should receive them.
(b) If the answer is "no," is the stated program goal inconsistent with the veteran's abilities, aptitudes, and interests? Does the
veteran need additional sendees? If so, which services does the veteran need? Should the veteran enter, reenter, or continue longer
than originally planned in Rehabilitation to the Point of Employabiliry case status to receive these additional services?
b. Service Categories. The CP and case manager will work with the veteran to develop a list of individualized services to
promote attainment of the program goal.
April 16, 1992 M28-1, Part IV
(1) Skill Development Needs. The veteran may need to develop or improve his or her employment-seeking skills; that is.
interviewing techniques, resume preparation, grooming and hygiene habits, and personal marketing.
(2) Information Development Needs. The veteran will need to acquire factual and realistic data about the job marketplace.
VR&C staff members will emphasize the veteran's program goal, his or her perceptions of that goal, and what he or she may
anticipate following the achievement of the goal.
(3) Resource/Referral Needs. VR&C staff members will select service providers from the following possibilities (see par. 4.05
for further discussion of contracting for employment services):
(a) VR&C Division. Participants should have access to all available resources, including the case manager, an outstationed
DVOP (Disabled Veterans' Outreach Program) specialist, if available, the Career Development Center, job clubs, and other
veterans.
(b) VA Medical Facilities. VR&C staff members may refer participants to VHA (Veterans Health Administration) facilities
for therapy and treatment programs.
(c) Community Resources. VR&C staff members should refer participants to State employment services, placement services
of schools and universities, rehabilitation agencies, and other locally based, not-for-profit facilities.
(d) For-Profit Entities. The VR&C Division may contract with for-profit entities to supply some or all employment services,
including direct placement services, if:
1. VA determines comparable services from non-profit or public-sector agencies are not available in the veteran's community,
but services by for-profit agencies are available locally. For example:
i. The veteran needs highly individualized services which are not available from public-sector or not-for-profit agencies,
1j. Receiving the services from a public-sector or not-for-profit facility would constitute a hardship for the veteran.
2- V A cannot obtain comparable services cost-effectively from other sources, such as public-sector agencies or not-for-profit
facilities. As an example, a for-profit agency has a much higher rate of placement than available not-for-profit and public sector
agencies. Thus, the not-for-profit and public-sector agencies are not as cost-effective given the goal of placing the veteran in gainful
employment. (38 CFR 21.252(a))
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April 16, 1992 MM-l,P«rtIV
CHAPTER 4. JOB DEVELOPMENT AND PLACEMENT SERVICES
PARAGRAPH PAGE
4.01 Introduction 4-1
General 4-1
Job Development 4-1
Overview of Service Providers 4-1
Public Labor Exchange System 4-1
Networking 4-1
4.02 Imra-agency and Interagency Coordination 4-2
a. Referrals 4-2
b. Coordination of Efforts 4-2
4.03 Direct Placement Services
a. Definition
b. Basic Principles
4.04 Promotion of Training and Employment Opportunities 4-5
a. General 4-5
b. How to Promote Training and Employment 4-5
4.05 Contracting for Employment Services 4-5
a. Areas Appropriate for Contract Services 4-5
b. Selection of Service Providers 4-5
c. Selecting a For-profit Service Provider 4-6
d. Program Monitoring 4-6
e. Contractual Requirements 4-7
4.06 Advocacy Responsibility 4-7
4.07 Job Analysis 4-8
a. Relationship to Direct Placement 4-8
b. Methodology 4-8
c. Job Profile 4-8
d. Other Important Considerations 4-8
4.08 Job Modification 4-8
a. Job Accommodation Network 4-8
b. Clearinghouse for the Handicapped 4-8
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April 16, 19M M28-l,PartIV
CHAPTER 4. JOB DEVELOPMENT AND PLACEMENT SERVICES
4.01 INTRODUCTION
a. General. Most veterans programs — whether administered by VA. DOL (Department of Labor). OPM (Office of Personnel
Management). SBA (Small Business Administration), or another Federal agency — are designed to contribute to the individual
veteran's readjustment to civilian life. Public Law 96-466 established suitable employment as a fundamental criterion of successful
readjustment for veterans in the chapter 31 program. Viewed from this perspective, employment services— including job
development and placement — become central to the VR&C (Vocational Rehabilitation and Counseling) mission. The material in
this chapter supplements the information in part I. chapter 2, which identifies procedures for coordination with VHA (Veterans
Health Administration), other VA elements, and all non-VA agencies with which VA has established interagency agreements.
Pan I. chapter 2 also contains information and procedures for referring veterans for services under these agreements. In making
referrals. VR&C staff members will meet the standards set in these national agreements and any statewide agreements which
implement the national agreements.
b. Job Development. As defined in 38 CFR 2 1 .250(b)(2), job development means "a comprehensive professional service to
assist the individual veteran to actually obtain a suitable job, and not simply the solicitation of jobs on behalf of the veteran." Job
development is a difficult and demanding task. VR&C staff members need to coordinate with other community agencies to
accomplish many aspects of job development. Therefore, this chapter will focus first on non-VA veterans' employment service
providers and on interagency coordination.
c. Overview of Service Providers. Several Federal and State agencies supply employment services to veterans. In some
geographical locations, employment services may also be available through local agencies, including county governments and
private, nonprofit organizations. The availability of these local services may depend on other circumstances in addition to an
individual's veteran sums. For example, a veteran displaced from an assembly line job in a failing industry may be eligible for
services under various special programs which local job training agencies — such as the Private Industry Council— administer. In
addition, for-profit entities providing employment services exist in most areas of the country. Effective VR&C job development
and placement services are conditioned upon VR&C staff members' ability to make full use of available resources. Each local office
needs to develop and cultivate a referral network that may include the following organizations and programs:
( I ) SESA (State Employment Security Agencies). State employment services, and VETS (Veterans' Employment and Training
Service) of the United States DOL;
(2) Programs which the Rehabilitation Act of 1973, as i
(3) OPM and the personnel offices of Federal agencies and installations in regional offices; and
(4) Any other public, nonprofit or for-profit organizations offering placement services.
d. Public Labor Exchange System. Mandated by the Wagner-Peyser Act, the nation's public labor exchange system receives
its funding from a tax on employers. DOL exercises some administrative control over the State employment service system by
distributing this funding and by prescribing regulations. VETS comprises a DOL central office staff in Washington and a network
of directors and assistant directors in every State These DOL employees do not directly deliver employment services to veterans;
instead, they monitor and evaluate the delivery of these services by the State employment service system.
e. Networking. In many States, committees of representatives of the various service providers and other interested parties —
such as veterans service organizations and employer groups — exist to facilitate networking and to implement special veterans
employment initiatives. One example of these initiatives is a public awareness program aimed at private employers. Each State
has a Governor's Committee on Employment of People with Disabilities and most large cities have a counterpart called the Mayor's
Committee. Because these committees are excellent opportunities to network, the VR&C Officer should explore the benefits of
staff participation on these committees.
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4.02 1NTRA-AGENCY AND INTERAGENCY COORDINATION
April 16, 1992
a. Referrals. VR&C slaff members are responsible for determining appropriate placement resources for each veteran. VR&C
staff members should incorporate detailed referral and followup procedures into locally developed, written interagency agreements.
Prior 10 any collaboration with personnel outside VA, however, the case manager should inform the veteran of the services the
outside agency or program will supply and the kinds of relevant information VA will share for official purposes. Any exchange
of information must meet applicable State and Federal laws (e.g.. the Freedom of Information Act and the Privacy Act) and agency
regulations and policy. If appropriate, the veteran's written consent to the exchange should accompany the exchange of information.
The veteran's IEAP (individualized employment assistance plan) should clearly show all referrals. For referrals to liaison staff
members, identify the members by name, address and telephone number. The case manager should notify the liaison member
(preferably through face-to-face or telephone contact) in advance of the referral so the veteran does not encounter confusion and
unnecessary delay.
b. Coordination vf Efforts. A sound knowledge of the roles and responsibilities of other public and private agencies providing
job placement and related services will assist VR&C staff members in determining how to coordinate these activities. For example,
close contact with DOL/SESA personnel and the State rehabilitation agency will help to minimize duplicate employer contacts.
While efficiency argues that all parties arrive at a consensus regarding specific responsibilities, each case is unique and formal
agreements should not inhibit the provision of needed services. Formal written agreements — such as VA agreements with DOL
and rehabilitation service agencies— offer a basic framework for coordination and collaboration, but it is essential that each IEAP
contain specific information about the methods, services, and activities that the veteran will use in achieving identified goals and
objectives. The involvement of other service providers does not eliminate or reduce VR&C staff members' responsibility for case
management (38 CFR 21.252). Note that the DOL Directors and Assistant Directors for Veterans' Employment and Training in
each State are also responsible for monitoring Federal agencies' implementation of Disabled Veterans Affirmative Action
Programs. VR&C Divisions should develop innovative methods of cooperation at the local level to support these programs.
(1) Department of Labor and State Employment Security Agencies. The U.S. DOL is administratively responsible for
establishing and maintaining the nation's employment service system. (See subpar. 4,Old above for an overview of the public labor
exchange system. ) Each State participates in that system through a network of local offices. These State systems are known formally
as SESA. but are often referred to as the Job Service. These State systems are the most significant providers of veterans employment
services.
(a) VA/DOL National and State Agreements. The VA/DOL national agreement defines policies and procedures at the
national level. Statewide agreements implementing the national agreement establish procedures for the coordination of
employment services at the local level. VR&C staff members should be thoroughly familiar with their statewide agreement.
(b) LVERs (Local Veterans' Employment Representatives) and DVOP (Disabled Veterans' Outreach Program)
Specialists. Most State employment service offices employ an LVER to monitor the office's delivery of services to veterans. In
addition, under 38 U.S.C 4 103A, DVOP specialists must furnish priority employment assistance to current and former chapter 3 1
participants. Sen ice to veterans is the responsibility of the entire Job Service system, including all staff members of each local
office. Responsibility is shared and does not rest solely on the LVERs and DVOP specialists. In this context, each local Job Service
office manager — the supervisor of the DVOP specialists and LVERs — is a key player in the system. The law requires that 20 to
25 percent of DVOP specialists work in V A locations. Therefore, the statewide agreement should arrange for outstationing a number
of DVOPs at VA regional offices and other VA facilities (38 U.S.C. 4103A). The absence of this provision, however, in no way
abrogates the responsibility of the Department of Labor to comply with this requirement. VR&C staff members, especially those
who have immediate access to an outstationed DVOP specialist, need to develop a close working relationship with the entire Job
Service system. VR&C staff members are also strongly encouraged to include Slate employment service personnel in the initial
employment planning process related to job placement and OJT (on-job training) development. DVOP specialists can particularly
help in outreach to employers to develop job opportunities
(2) Office of Personnel Management. Under 38 U.S.C. 42 14. OPM is responsible for planning, implementing and overseeing
the Federal affirmative action program for disabled veterans. For a discussion of affirmative action, see chapter 8. VR&C staff
members should maintain liaison with the area OPM office and other Federal agencies' and installations' personnel offices to
promote the employment of disabled veterans in the Federal government.
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April 16, 1992 M28-l,PartIV
(3) State Rehabilitation Agencies. Arrangements with State rehabilitation agencies are often limited to assistance for veterans
in areas distant from VA offices or where veterans have encountered placement difficulties. VR&C Divisions should explore
expanding this cooperation and coordination in providing employment services to veterans under chapter 31 who are eligible for
and can benefit from the assistance of State vocational rehabilitation agencies and other programs authorized under the
Rehabilitation Act of 1973, as amended. This will require reviewing each case which the case manager has placed or will place
in Employment Services status to determine whether the veteran could benefit from the assistance which the State vocational
rehabilitation agency can provide. If this assistance will be helpful, the case manager should personally refer the veteran to enable
State vocational rehabilitation staff members to make the necessary arrangements. VR&C Divisions may need to modify existing
arrangements to ensure systematic referral and coordination.
(a) Limitation on Services. The VR&C Division can only request State vocational rehabilitation agencies to furnish placement
services to obtain employment and postplacement assistance to determine if the veteran has adjusted in employment. VA will
furnish any additional needed assistance— such as payment for supplies, medical care, and treatment — under the IEAP.
(b) Use of Other Community Resources. Increased use of State rehabilitation agencies to supply employment services is in
addition to. rather than in lieu of, coordination with other community agencies or contracting with private agencies, both nonprofit
and for-profit. Increased coordination with State vocational rehabilitation agencies should not affect utilization of DVOP specialists
and other State employment service staff members. Similarly. VR&C staff members should continue to use their authority to furnish
employment services under contract with both nonprofit and for-profit private entities.
(c) Criteria for Rehabilitation. Employment assistance must focus on occupational areas which carry out the rehabilitation
plan which VR&C staff members and the veteran have developed. The employment resulting from these joint employment
assistance efforts will thereby meet both the veteran's needs and the criteria of VA and State vocational rehabilitation agencies for
determining that the veteran has been rehabilitated.
(d) Furnishing Information. VR&C staff members may furnish information needed to assist State vocational rehabilitation
agency staff members in providing employment services to the extent permitted in Section IV, Exchange of Information, of the
national agreement (see pt. I, app. 2B-3).
(4 ) Small Business Administration. The SB A offers training sessions in management and marketing techniques, some tailored
exclusively to veterans, publishes extensive materials on business practices, and maintains a staff of local business people to consult
with would-be entrepreneurs. During the development of an IWRP (individualized written rehabilitation plan) or IEAP for self-
employment in a small business enterprise, VR&C staff members need to contact the SBA. The SBA can assist VR&C staff
members and the veteran to make judgments concerning business trends, funding, marketing, and can assist in obtaining bank loans
by guaranteeing payment against default.
(5) VA Office of Small and Disadvantaged Business Utilization. VR&C staff members need to be particularly aware of the
Veteran-owned Small Business Outreach Program in the VA Office of Small and Disadvantaged Business Utilization (005SB),
which can assist disabled veterans in their efforts to establish small businesses. This program takes affirmative action to solicit
veteran-owned small businesses and to help them to participate in VA contract opportunities. Although this program does not give
preference to veteran-owned businesses, it does provide an opportunity for these businesses to bid on and receive contracts. By
the end of calendar year 1 99 1 , this program was instrumental in awarding over $200 million dollars in contracts to Vietnam-era and
disabled veteran-owned businesses. Such contracts can mean the difference between success and failure for many small businesses.
(a) Special Outreach Efforts. The Office of Small and Disadvantaged Business Utilization conducts different outreach efforts
to assist veteran-owned businesses:
1. It creates an awareness of contract opportunities among members of the veteran business community:
2. It coordinates outreach activities with national service organizations;
2. It sponsors veterans in business opportunity conferences;
4. It publishes a Forecast of Contracting Opportunities each fiscal year,
4-3
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M28-1, Part IV April 16, 1992
$. It publishes a veteran-owned small business resource list;
6_. It develops news releases aimed at veterans in business; and
2- It maintains a dialog with SBA.
(b) VR&C Responsibilities. For all veterans in vocational rehabilitation program with small business ownership as the
vocational goal, the VR&C Officer will ensure the close cooperation of VR&C staff members with the Office of Small and
Disadvantaged Business Utilization. In case management, this coordination principally entails referrals of these veterans for
information on business opportunities. The VR&C Officer will also forward to the Office of Small and Disadvantaged Business
Utilization information on local SBA business development programs and summary descriptions of small business successes which
result from vocational rehabilitation. To obtain further information from the Office of Small and Disadvantaged Business
Utilization by telephone, call FTS (202) 376-6996.
4.03 DIRECT PLACEMENT SERVICES
a. Definition. At the most basic level, direct placement entails the following activities:
( 1 ) Matching the needs, abilities, and aspirations of an individual veteran with the demands, salary, and other characteristics
of a specific job;
(2) Communicating the terms of the match to the parties involved and working to bring about a successful job interview for both
the veteran and the employer, and
(3) Establishing and maintaining placement aids (ranging from a card file index to a computerized data base) to facilitate these
matching and communication activities.
b. Basic Principles. When a veteran requires direct placement, the VR&C Division must be prepared to furnish this service.
Direct placement involves actively and personally intervening with employers on behalf of the veteran. Direct job placement occurs
within a network which involves employers, employees, and service providers.
(1) Employers. An employer's paramount concerns are timeliness in the placement process and productivity on the job.
Employers want good employees within a specific timeframe. In dealing with employers, the case manager — as the service provider
to the employer — should think and act as a salesman in a consumer-oriented market. The employer has a need for a product — a
new employee— or else the job would not be open. The service provider's job is to make the initial sale in a way that satisfies the
customer, creates good will, and thus retains his or her business for future placements. This means service providers need to be
responsive to time constraints placed on the job opening and must be aware of the quality of the product. The case manager as service
provider must develop the tools to facilitate job matching to meet the employer's timeliness requirements. Case managers and the
VR&C Officer need to investigate data base software that can be tailored to specific needs. The quality issue revolves around the
referred veteran being "job ready."
(2) Employees. The veteran has completed training; otherwise, the service provider would not be concerned with direct
placement. Nonetheless, general training — such as an academic degree or a proficiency certificate — is only the first consideration
in determining whether an individual veteran is ready for a specific job. Licensing and many other supportive services (see
chapter 5) may be necessary to make the veteran truly job ready. Issues of socialization and readjustment may also require resolution
before a veteran— even an otherwise fully trained veteran — is ready to compete for a job. Once a case manager has determined that
a veteran is rehabilitated to the point of employability, this denotes that the veteran has completed the education and technical
training, has acquired the skills needed, and is emotionally ready for employment in his or her vocational objective.
(a) Employment Services as Part of IWRP. The veteran's IWRP should incorporate his or her employability objectives even
if the activities associated with those objectives do not take place until after the veteran completes formal training activities. VR&C
Divisions can begin to supply services and assistance to improve the veteran s employ abi 1 ity — such as interviewing skills training —
under the IWRP. The case manager need not declare the veteran rehabilitated to the point of employability before he or she begins
to receive job-seeking and other related assistance and services.
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April 16, 1992 M28-1, Part IV
ib) Limited Job Interviews Prior to Job Readiness. If the veteran is not job ready, a referral to a job interview is a disservice
to both the veteran and the potential employer. The veteran's future employability will be impaired and that service provider's
credibility with the employer will be damaged.
(3) Employment Services and Service Providers. In the context of direct placement, services are of greater significance than
service providers. VR&C staff members should view services available from various providers as tools to help make the veteran
more marketable, attract the attention of the customer (the employer), and break down the customer's sales resistance. Job analysis
(see par. 4.07 below), job modification (see par. 4.08 below), and postplacement services (see chapter 9 below) are the appropriate
tools. Supportive services available to chapter 31 participants — such as the provision of tools and supplies, transportation,
incidental training and licenses — are truly significant job placement aids available to few other job seekers (see chapter 5 below).
Special incentives for employers (see chapter 6 below) can also be extremely useful in difficult placement situations. Programs
such as noncompetitive placement in public-sector employment, unpaid work experience, and affirmative action requirements of
Federal contractors (see chapter 8 below) are also direct placement tools. The VR&C Division is authorized to utilize the job
development and placement services of many different sorts of service providers: other public-sector agencies, including Federal.
State, and local government agencies; nonprofit organizations, such as rehabilitation facilities and public post-secondary schools:
and for-profit entities, such as employment agencies (see par. 4.05 below for more information on contracting for services).
4.04 PROMOTION OF TRAINING AND EMPLOYMENT OPPORTUNITIES
a. General. As funding permits, VA will promote the establishment of employment, training, and related opportunities for
veterans with service-connected disabilities (38 CFR 2 1 .252(b)). These activities are not limited to public awareness projects, but
may also include, for instance, working to establish training programs for disabled veterans with a large employer or a
noncompetitive appointment procedure with a State, county, ormunicipal civil service system. VR&C staff members should initiate
and carry out these efforts for chapter 31 participants.
b. How to Promote Training and Employment. The keys to effective promotion are coordination and cooperation with other
service providers and interested parties, a willingness to participate in activities such as job fairs and committee activities, and an
awareness of the common sense principles of effective communication: Carefully and clearly formulate the message; identify the
audience; and tell the story in terms that interest the audience. Conduct all promotional activities on a businesslike basis.
Repeatedly, private employers have stated that they are open to the employment of disabled veterans, but their primary concern is
finding the right person for the right job at the right time. Promotional activities appealing to this need will be more successful than
approaches based on patriotism or social responsibility alone.
4.05 CONTRACTING FOR EMPLOYMENT SERVICES
a. Areas Appropriate for Contract Services. Provision of effective employment services is generally a labor intensive
activity requiring specialized skills. The case manager and the veteran must identify the specific needs for these specialized
employment services. This assessment should analyze needs such as skill development in the areas of resume preparation,
interviewing techniques, and marketing methods — for example, interviewing for information and networking. In addition. VR&C
staff members should also assess the need for direct placement services. Once VR&C staff members and the veteran have identified
the needed services, three factors affect the decision whether or not to contract for the services:
( 1 ) The veteran has identified service needs, but VR&C staff memberseither cannot supply or cannot timely supply the services;
(2) The severity of the veteran's disability requires specialized placement assistance from a person trained in placing the
severely disabled; and
(3) Available resources, including public and private agencies, cannot provide adequate assistance on a no-charge basis.
b. Selection of Service Providers. The identified needs of the individual veteran constitute the primary factor in the decision
to seek services from service providers outside the VR&C Division. Case managers are encouraged to network with other service
providers — especially State rehabilitation agencies and SESA — to furnish to VA vocational rehabilitation participants the best
possible employment services (see subpars. 4,Old and 4.02b(3) above on networking). Several agencies may supply services
simultaneously. This situation is similar to a veteran in Rehabilitation to the Point of Employability status who requires medical
care, psychiatric assistance, and vocational training at the same time. VR&C staff members may include nonprofit contract
4-5
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organizations in the mix of sen ice providers required to address the veteran's needs. In addition, the VR&C Division may also
contract with for-profit entities if:
. ( I ) Needed assistance is unavailable from another source;
(2) Needed assistance available from other sources is not as effective as that available from a for-profit entity;
(3) VA cannot obtain the needed assistance from other sources as cost-effectively as it can obtain the assistance from a for-profit
entity: or
(4) Acquiring services from other than a for-profit facility would constitute a hardship for the veteran. (See also par. 3.05b(3)(d)
above.)
c. Selecting a For-profit Service Provider. After making the decision to contract with a for-profit entity, follow these
guidelines when selecting a service provider:
( 1 ) The provider should be an established company with a proven track record. The case manager may review information on
placement for a specific period, question references the provider submits, and confirm the credibility of testimonials the provider
offers. At a minimum, the company must have been in operation for more than 6 months prior to the decision to contract.
(2) The company should be able to demonstrate its prior ability to deliver needed services with its own resources. This means
the company can go beyond merely coordinating services which other entities offer, including public-sector and nonprofit private
sector agencies.
(3> The companx must have the demonstrated ability to work effectively with individuals with disabilities.
(4) The company must submit to the VR&C Division substantial and timely progress reports and other documentation which
the individual veteran's circumstances require and, as necessary, to evaluate the company's performance on a regular and periodic
basis. Generally, these reports will be required no more than once every 2 months. A schedule for submission of reports shall be
a pan of each contract.
(5) The compam must have demonstrated the ability to furnish individualized services. Some services, such as job clubs, may
only be available in a group setting. These services are not discouraged: on the contrary, their use is encouraged. The company
must be able, however, to supply the needed individualized services itself.
(6) The contract with the service provider shall be subject to all provisions governing the negotiation and monitoring of
contracts, including procedures to prevent waste, fraud, and abuse.
d. Program Monitoring. When using contractual services, the VR&C case manager will carefully monitor the provision of
services and amend the rehabilitation plan and contract as necessary. The process of contracting for employment services does not
relieve the VR&C case manager of case management responsibilities, including monthly contacts with the veteran. The VR&C
Officer w ill carefully monitor the provision of employment services furnished through contractual arrangements. In addition to
following the general provisions in subparagraph c above . the VR&C Officer will take any additional steps necessary to assure
contract compliance and prevent waste, fraud, and abuse. For example, circumstances may warrant the submission of reports by
the contractor more frequently than the minimum reporting requirement of every 2 months. There are two major types of contractual
arrangements for employment services: performance-based and service-based. Whether contracts are performance-based or
service-based, the case manager should develop contracts with service providers which best meet the criteria in subparagraph c
above and which best achieve the goal of suitable employment.
( I ) Performance-based Contracts. Performance-based contracts focus on tangible work products, often called "deliverables"
or measurable results, such as suitable placements rather than a general service intended to culminate in placements. Some
performance-based service providers may have a single charge regardless of services and time expended in the individual case, or
they may not clearly identify service costs ortime expended. These nonspecific practices lend themselves to waste, fraud, and abuse.
When negotiating a performance-based contract, the VR&C staff member must clearly identify the services the provider will supply
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April 16, 1992
and the charges for these services in the same manner as any other service contract. The total charge may not exceed the individual
charges for the services which the contractor actually furnishes. The charges per case may not exceed the charges made by
employment services agencies or organizations which are service- or process-based for the same or similar services.
(2) Service-based Contracts. Service-based employment contracts are based on separate charges for specific services and
assistance.
e. Contractual Requirements. If approval for a facility to supply services under chapter 3 1 does not currently exist and if
provision of these services will result in a veteran receiving subsistence allowance, VR&C staff members will follow normal
approval procedures and request that the Education Liaison Representative establish a facility code for the newly approved facility.
This requirement applies to for-profit entities as well as to educational institutions and other entities providing rehabilitation
services. (See also pt. Ill, par. 2.02.)
( 1 ) Contract. Once a facility code has been established, the VR&C Division may execute a contractual arrangement with a for-
profit employment service provider. The contract must contain an attached Schedule A identifying specific services the company
can provide, the costs of these services, the furnishing of reports, and other pertinent matters. The schedule must also specify the
conditions under which VA will make payment. For example, payment for services may be conditioned upon the veteran securing
employment within 90 days. Performance-based contracts should define services in terms of concrete outcomes, often referred to
as "deliverables." As noted in subparagraph d above, the contract must also include charges for the specific services which make
up the deliverables. For a vendor providing placement services under a performance-based contract for an individual veteran, actual
employment is the deliverable.
(2) Authorizing Individualized Services. Each veteran will receive needed individualized services, chosen from among the
scheduled services allowable under the contract. The case manager may use VA Form 28-1905, Authorization and Certification
of Entrance or Reentrance into Rehabilitation and Certification of Status, to initiate services on behalf of an individual veteran under
the terms specified in the contract. VA will pay all contracts for employment services from the Readjustment Benefits Account
appropriation 36X1037. cost account code 351 1.
4.06 ADVOCACY RESPONSIBILITY
VR&C staff members will ensure that each veteran receiving chapter 31 employment services benefits from all applicable
provisions of lav. or regulation providing for special consideration or emphasis or preference of the veteran in employment or
training, especially programs and activities identified above in paragraph 4.0 1 (38 CFR 2 1 .252(c)). Chapter 8 deals with the various
veterans preference and affirmative action programs available to assist in placing disabled veterans in suitable employment. As
pan of advocacy for disabled veterans, VR&C staff members may perform, but are not limited to the following activities:
a. They should convince prospective employers, especially Federal contractors, that disabled veterans are excellent workers
and that hiring disabled veterans is consistent with good business practice.
b. They should help to create a more favorable climate for disabled veteran job seekers through vigorous public awareness
programs to educate employers and the general public. Many tools and opportunities are available to assist in this endeavor. Work
with local VA Office of Public and Consumer Affairs personnel. Understand that what may appear commonplace in the
rehabilitation community may be newsworthy to business or professional associations. For example, a veteran who has had his hand
amputated as a result of an accident may complete training and be successfully employed as an accountant. VR&C staff members
should bring this accomplishment to the attention of the State association of accountants, an important audience which may have
been overlooked in the past.
c. They should work closely with industrial engineers, personnel workers, and job analysts of business and industrial firms to
develop more realistic job requirements that do not exclude disabled veterans.
d. They should Supply technical assistance for the modification of jobs, facilities, and equipment when this assistance is
necessary for a chapter 3 1 participant to obtain employment.
e. They should provide postplacement assistance to veterans to help them in job orientation, to advise them when unexpected
problems develop, and to provide other services to assure a suitable adjustment in employment.
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f. They should assist the veteran to file a complaint. If the veteran believes the employer has discriminated against him or her
or has not carried out affirmative action obligations, VR&C staff members should assist the veteran to file a complaint. The
VA/DOL agreement describes the procedure for Tiling a complaint.
4.07 JOB ANALYSIS
a. Relationship to Direct Placement. Job analysis is an essential aspect of direct placement. This skill is particularly useful
when dealing with small businesses which may not have a large personnel staff.
b. Methodology. Job analysis may be based on available information or may require an on-site visit to obtain detailed
information about a prospective job. Although general information about jobs is readily available, it is sometimes inadequate,
especially when the veteran has severe physical, emotional, or mental limitations. Consequently, the case manager may need to
conduct an on-site analysis for situations in which precise information about job task requirements and the work environment is
critical to successful placement. A job analysis should provide detailed answers to the following questions:
( 1 ) What is the frequency and relative difficulty of each task?
(2) What mental and physical activities are necessary to perform the job?
(3) What is the purpose of the job and its component tasks?
(4) What are the established training and experience requirements of the job?
(5) How would the working conditions affect the veteran's disability?
(6) Are there any hazards intrinsic to the job or specific to the veteran's condition?
c. Job Profile. Once the case manager has explored these questions, the next step is to develop a profile of the job and its
demands. Then VR&C staff members can evaluate the veteran's strengths and weaknesses in relation to the job's specifications.
Using this information skillfully will greatly increase the likelihood of successful placement.
d. Other Important Considerations. Frequently, factors other than job tasks or the immediate work station pose the major
obstacles to employment. For example, the case manager must also evaluate potential obstacles in locations such as the parking
lot, entrances, reslrooms, and dining facilities.
4.08 JOB MODIFICATION
When a well-trained veteran with the requisite experience meets obstacles in the work environment, this does not necessarily
mean the veteran and job cannot match. While conducting a job analysis, the case manager should consider whether the job requires
modifications to enable the veteran to capitalize on his or her strengths while minimizing the functional limitations which the
disability imposes. As much as possible, the case manager should focus on adaptations that would also increase productivity and
efficiency since these concerns are crucial to employers in their hiring decisions. The innumerable possibilities for adaptations
include job task modification, job restructuring, work station redesign, alternative work schedules, and assistive devices. (See
par. 8.01 c for more on reasonable accommodation, especially in the Federal workplace.) Rehabilitation workshops, engineering or
architectural schools, and other employers of handicapped persons may prove to be useful sources of advice and information.
VR&C staff members should be aware of available resources. There are a number of agencies and organizations which can furnish
information and assistance in job modifications. Among national level resources, the following may be particularly helpful:
a. Job Accommodation Network. The President's Committee on Employment of People with Disabilities supports J AN (Job
Accommodation Network). To reach JAN through a toll-free phone number, call I -800-526-7234 or 1 -800-526-4698 (JAN-INWV)
in West Virginia. JAN offers employers information on successful job accommodation measures and a free consulting service
regarding reasonable accommodation.
b. Clearinghouse for the Handicapped. The Clearinghouse for the Handicapped is part of the Department of Education in
Washington, DC. To contact the Clearinghouse, call (202) 732-1 1 14.
April 16, 1992
149
CONTENTS
CHAPTER 5. SUPPORTIVE SERVICES
PARAGRAPH PAGE
5.01 Introduction 5-1
5.02 Supplies 5-1
5.03 Transportation 5-1
a. Travel 5-1
b. Special Travel 5-1
c. Payment Procedures 5-1
5.04 Incidental Training/Review Courses 5-1
5.05 Payment for Licenses and Fees 5-2
5.06 Services Excluded 5-2
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CHAPTER 5. SUPPORTIVE SERVICES
5.01 INTRODUCTION
The VR&C Division may authorize a broad range of supportive services for a veieran who is receiving employment assistance
(see pan III, table 2.01). Supportive services include, but are not limited to, medical treatment and care, supplies, payment for
licenses and other fees, special services for the blind and hearing impaired, transportation, and services to the veteran's family.
VR&C staff members should carefully analyze the need for these employment-related services in each case and arrange to provide
the required services in a timely manner. For example, the case manager should refer the veteran for treatment of identified medical
problems prior to completion of training if possible. (38 CFR 2 1 .254(a))
5.02 SUPPLIES
The policy governing provision of supplies, including employment supplies, is in 38 CFR 2 1 .2 1 0 through 2 1 .224. Procedures
implementing these regulations for providing supplies during a period of employment services are in part III, chapter 6, especially
in paragraphs 6.06a. 6.07. 6.08g through j, 6.09, and 6.10.
5.03 TRANSPORTATION
a. Travel. VA will pay for intraregional and interregional travel (but not moving) expenses to the place of employment under
certain conditions. (38 CFR 2 1 .370 through 2 1 .376) Payment of this travel is limited to veteran's transportation costs and does not
include the costs associated with the travel of dependents or possessions. The procedures for authorization of interregional travel
are in pan I. chapter 1 3. In all cases. VA must determine that the authorization of travel at government expense is necessary toeffect
the veteran's rehabilitation.
( 1 ) Limited Intraregional Travel for Interviews. The VR&C Division may not authorize intraregional travel (that is, travel
within the jurisdiction of the regional office) for a veteran to report for an interview to a prospective employer, except for on-job
training. In the latter case, the employer must expect to hire the veteran if the interview is successful.
(2) Intraregional Travel lo Report for Work. The VR&C Division may authorize intraregional travel for a veteran who is
to report lo prearranged, satisfactory employment following the determination that the veteran has been rehabilitated to the point
of employability.
(3) Interregional Travel for Veterans With a Serious Employment Handicap. The VR&C Division may authorize
interregional travel (that is. from the jurisdiction of one regional office to another) only to allow veterans with a serious employment
handicap to report to a place of prearranged, satisfactory employment or lo a job interview following the determination that the
veteran has achieved employability. In addition, the case manager must document that satisfactory employment opportunities do
not exist within the original regional office's jurisdiction.
b. Special Travel. If required for a seriously disabled veteran, the case manager may authorize a special travel allowance to
cover the extraordinary costs of transportation the veteran incurs while the veteran is receiving employment services under an IEAP
(individualized employment assistance plan). This travel allowance can continue through the first 3 months of employment. The
procedures for authorizing special transportation allowances are in part III, paragraph 4.09. (38 CFR 21.154)
c. Payment Procedures. Procedures governing payment of travel and incidental expenses for the purposes of vocational
rehabilitation are in VA Manual MP-I. part II, chapter 3.
5.04 INC1DENTALTRAINING/REVIEW COURSES
VA may supply refresher training, short-term review courses, or other brief courses if the veteran has acquired the basic skills
for his or her employment objective, but needs to prepare for a required license examination or needs to enhance basic skills toobtain
and maintain employment. Whenever possible, the veteran should receive this incidental training under the IWRP (individualized
w ritten rehabilitation plan) before reaching the point of employability. When a veieran has begun employment, but the case manager
determines that the veteran's training is deficient in a particular area, however, the case manager should offer the veteran this skill
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enhancement training. The case manager should arrange for the veteran to receive this training at a time which does not interfere
with the veteran's job responsibilities unless the employer will allow the veteran to train during work hours. The case manager may
not authorize the veteran subsistence allowance for this training while the veteran is in Employment Services case status (38 CFR
21.254(a)).
5.05 PAYMENT FOR LICENSES AND FEES
VA may authorize payment for a license or fee when a government unit or an employer requires a license, permit, or certificate
to fulfill the occupational or professional qualifications of the veteran's employment goal. Payment will include the costs of
examinations required to obtain the license, permit, or certificate. The veteran must meet all prerequisites for taking the
examination, such as successful completion of training, prior to VA authorization of payment (38 CFR 21.254(a)).
5.06 SERVICES EXCLUDED
The following services and financial assistance are not available to a veteran receiving only employment services under chapter
31:
a. Subsistence allowance;
b. Training, other than as indicated in paragraph 5.04 above;
c. Revolving fund loan; and
d. Work-study allowance. (38 CFR 21.254(b))
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April 16, 1992 M28-l,PwtIV
CHAPTER 6. SPECIAL INCENTIVES FOR EMPLOYERS
PARAGRAPH PAGE
6.01 General 6-1
6.02 Eligibility Requirements 6-1
a. Basic Eligibility 6-1
b. Need for Special Employer Incentives 6-1
6.03 Search for Placement Opportunities 6-1
6.04 Employer Eligibility Requirements 6-1
a. Course and Facility Approval 6-1
b. Affirmative Action Requirements 6-1
6.05 How to Set Up the Program 6-2
a . IEAP Amendment 6-2
b. Contract 6-2
c. Procedures 6-2
d. Supervision 6-2
e. Documentation 6-2
f. Reimbursements 6-2
g . Followup 6-3
6.06 Direct Benefit Payments to the Veteran 6-3
a. Subsistence Allowance 6-3
b. Chapter 30 Allowance 6-3
c. Veterans' Job Training Act Benefits 6-3
6.07 Duration of Employer Payments 6-3
6.08 Changing the Program 6-3
a. Program Reclassifications 6-3
b. Program Terminations 6-3
c. Additional Program Approvals 6-4
6.09 Charge Against Entitlement 6-4
6. 10 Program Limited to Private-Sector Employers 6-4
FIGURE PAGE
6.01 Schedule I : Reimbursement for Costs of Work Experience or On-job Training Under the Special Employer
Incentives Program 6-5
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April 16, 1992 M28-1, Part IV
CHAPTER 6. SPECIAL INCENTIVES FOR EMPLOYERS
6.01 GENERAL
A case manager may declare a veteran rehabilitated to the point of employ ability . but the veteran continues to have difficulty
obtaining employment. The special incentives for employers program can provide this veteran with additional, extraordinary
assistance in finding employment. Some veterans are unable to find employment or OJT (on-job training) opportunities because
employers perceive these veterans as presenting special problems. These veterans may have serious physical disabilities,
neuropsychiatric disorders, or long periods of unemployment. They may be older veterans who have a difficult time competing
with younger candidates. Some veterans may require additional, specialized training or work experience to qualify for a particular
job. The special incentive program pays employers for additional expenses they incur when either providing direct employment
or training chapter 3 1 veterans in an OJT position. The program requires minimal paperwork. Therefore, the program is especially
attractive to small companies which have more centralized personnel procedures, can make decisions quickly, and can benefit more
appreciably from the payment.
6.02 ELIGIBILITY REQUIREMENTS
a. Basic Eligibility. To be eligible for assistance under the program of special employer incentives, the veteran must have been
rehabilitated to the point of employability. This includes veterans who have received either an employment adjustment allowance
on or after October 1, 1980, or a rehabilitation lump sum payment before that date. The veteran also must be currently in
Employment Services status.
b. Need for Special Employer Incentives. Once the veteran meets the criteria in subparagraph a, the case manager must
determine that the special incentive program is necessary to obtain needed OJT or to begin employment. The following
circumstances are evidence of the veteran's need for the special employer incentive program:
(1 ) The veteran has failed to secure employment despite intensive job search efforts by VA and the veteran; or
(2) Few employers within commuting distance are willing to hire the veteran in a position consistent with the veteran's
employment assistance plan; VA cannot expect the veteran to seek employment in other geographical areas because of his or her
disability, family situation, or other pertinent factors; and the available local employers will offer on-job training or employment
only if VA offers to reimburse them for direct expenses to the degree permitted under this program.
6.03 SEARCH FOR PLACEMENT OPPORTUNITIES
When the CP or case manager has determined that a veteran is eligible for this program, the case manager will begin to look for
potential employers. The case manager will also amend the IEAP (individualized employment assistance plan) to show that the
veteran needs special employer incentives to enable the veteran to secure suitable employment. A State vocational rehabilitation
placement specialist, a local Disabled Veterans' Outreach Program specialist, or State employment representative should be able
to assist in locating employers sensitive to the needs of the disabled population at large. Smaller companies have traditionally been
more receptive to the special incentive program for reasons cited in paragraph 6.01 above. VR&C staff members must inform
employers that the paperwork involved is minimal and that the case manager will assist the employer in voucher preparation, if
necessary.
6.04 EMPLOYER ELIGIBILITY REQUIREMENTS
a. Course and Facility Approval. The case manager must establish that the employer complies with the course and facility
approval provisionsTequired of any other chapter 3 1 training facility under 38 CFR 2 1 .290 and 2 1 .292.
b. Affirmative Action Requirements. The case manager must assure that the employer complies with Title 5, Rehabilitation
Act of 1 973, as amended, pertaining to affirmative action for disabled persons, and with 38 U.S.C. 42 1 2 regarding affirmative action
for special disabled veterans (as defined in 38 U.S.C. 421 1( I )) and Vietnam-era veterans. The Department of Labor publishes a
list of noncomply ing employers. Unless the case manager questions an employer's compliance, the case manager will consider that
an employer not on this list meets these compliance requirements. VR&C staff members should direct questions concerning
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M28-l,PartIV April 16, 1992
compliance lo the local Department of Labor representative or to the Education Services Unit (275D) of the Veterans Services
Division.
6.05 HOW TO SET UP THE PROGRAM
a. IEAP Amendment. After the case manager finds an employer and the veteran agrees to work for that employer, the case
manager will amend the IEAP to list the steps necessary to maintain employment as well as to determine if work experience or OJT
is better for the veteran. Within the context of 38 CFR 2 1 .256, OJT refers to particular job elements which may not have been part
of a veteran's more generalized training under an IWRP (individualized written rehabilitation plan). For example, a veteran may
have been trained in auto or TV repair, but not in repair of a particular make of car or TV model series.
b. Contract Once the case manager has established that the employer meets the qualifications established under
paragraph 6.04 above, the case manager will coordinate the signing of a contract. The CER (Counseling/Evaluation/Rehabilitation)
folder must contain verification of the employer's compliance with applicable laws and regulations. The case manager will
document this verification on VA Form 28-l905d. Special Report of Training. Each contract must include in a Schedule I the
information in figure 6.01 . The contract must also include this statement: "The contractor will ensure the veteran will not displace
a current employee or prevent the recall of a laid-off employee."
c. Procedures. For OJT, the case manager will follow the procedures in pan HI, paragraph 2.02(c)(2) and part III,
paragraph 3.05 except that the veteran may not receive subsistence allowance or other benefits which are not furnished during the
period of employment assistance.
d. Supervision. The case manager will supervise each veteran in the same manner as veterans in special programs under
chapter 31, paying close attention to the veteran's prospects for maintaining long-term employment. If the veteran does not
realistically have a chance of maintaining the employment, the case manager should initiate action to interrupt this program, giving
the veteran due process as described in pan I, chapter 10.
e. Documentation. For both work experience and OJT programs, the case manager will maintain progress notes on
VA Forms 28-l°05d and 20- 1905c, Monthly Record of Training and Wages.
f. Reimbursements. VA can reimburse an employer up to a maximum of one-half of the wages the employer pays the veteran
while in the special incentive program. These wages should be agreed upon prior to the time the contract is signed, but cannot be
less than the wages other employees receive in the same or similar jobs for the period. The company may pay the veteran at a trainee
wage rate in an OJT program, but must pay the established journeyman rate in a work experience program.
( 1 ) Reimbursement Limited to Direct Expenses. The employer may receive reimbursement only for direct expenses. Direct
expenses include instructional costs (paying supervisors to instruct the veteran and purchasing instructional aids), training materials
and supplies, modification of equipment or working areas to permit the veteran to be as productive as other workers, and finally,
significant loss of the company's productivity. An employer must base all of these expenses on objective data and cannot
approximate them. For example, workers in the same occupational classification get paid a similar salary, but are more productive.
If this can be clearly verified, the employer can charge VA a percentage of the wages the veteran received during the incentive
program since the veteran is less productive than similarly circumstanced workers while receiving the same salary.
(2) Employer Responsible for Productivity Determination. The employer makes the decision regarding loss of productivity.
VA staff members may not review productivity or similar records beyond the brief justification which the employer submits lo VA
in claiming the lost productivity reimbursement.
(3) Limitations on Amounts an Employer Can Claim. The employer may not claim reimbursement for more than one-half
the total wages paid to tjbe veteran (projected in item 5 of Schedule I of the contract) while he or she is in the special incentive
program. The employer will project the amount for reimbursement in item 6 of Schedule I of the contract. The employer may
itemize each of the expense factors — e.g., 30 percent due to loss of productivity— or submit a single figure encompassing all of the
factors for which reimbursement may be claimed.
(4) Submission of Vouchers for Payment The employer may submit vouchers on a monthly or quarterly basis or may submit
one voucher at the end of the program. The voucher must include the following:
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April 16, 1992 M28-1, Part IV
(a) Beginning and ending dates of the period for which the employer is claiming reimbursement;
(b) Wages the employer paid during this period to the veteran;
(c) Wages the employer paid during this period to employees in the same or similar jobs, if applicable; and
(d) Amount of reimbursement the employer claims, itemized as follows:
1. Instruction costs;
2. Productivity losses; and
i. Supply and equipment expenses.
(2) Case Manager's Voucher Review. The case manager will review the voucher and ensure the figures correspond with
Schedule 1 of the contract and with the VA Forms 20-1905c which the employer previously submitted. The total claim may not
exceed 50 percent of item 5 of Schedule 1 of the contract. If the claim is incorrect, the case manager will return the total voucher
to the employer with an explanation of the reasons for the return. Following approval, the case manager will forward the voucher
to the Finance activity for payment in the same manner as other vouchers.
g. Followup. After completion of the program, the case manager follow up the veteran's progress for at least 60 days, in the
same manner as other chapter 3 1 programs.
6.06 DIRECT BENEFIT PAYMENTS TO THE VETERAN
a. Subsistence Allowance. No veteran can receive subsistence allowance for an on-job training program under this benefit,
but he or she is eligible for all services that veterans can receive under employment services.
b. Chapter 30 Allowance. If the veteran is in an OJT program approved for chapter 30 benefits and he or she is eligible to
elect payment at the chapter 30 rate, however, the veteran may receive an allowance at the chapter 30 on-job training rate.
c. Veterans' Job Training Act Benefits. A veteran may not receive Veterans' Job Training Act benefits at the same time he
or she is receiving benefits under this program.
6.07 DURATION OF EMPLOYER PAYMENTS
The case manager can authorize up to 6 months of work experience or OJT as a special employer incentive program. The case
manager may request an additional 3-month extension (fora total of 9 months), but the VR&C Officer must approve it. If the veteran
is in OJT, the case manager may request another 3-month extension through the VR&C Officer and the station Director. Only the
Director, Vocational Rehabilitation Service (282) can approve this final 3-month extension. Therefore, special employer incentive
payments for work experience may not exceed 9 months and for OJT may not exceed 12 months.
6.08 CHANGING THE PROGRAM
a. Program Reclassifications. The case manager may reclassify the program from work experience to OJT or adjust the
duration of the program from the agreed-upon terms in the IEAP if it appears this change would benefit the veteran's chances of
maintaining employment with the employer. For program reclassifications, the case manager will charge the period the veteran used
for the first program against the period available for the new program.
b. Program Terminations. A veteran may be forced to leave his or her position at one company, however, because the
employer terminated the employment, the veteran's disability deteriorated, the veteran was unable to cope with the stress of the job,
or for another significant reason. Following reevaluation of the veteran's current employment needs, the case manager and the
veteran may develop another program with a different employer without regard to the months of entitlement used in the previous
program. Case managers need to carefully monitor entitlement usage for veterans who do not have a serious employment handicap
to ensure that these veterans do not use more than 48 months of total entitlement (see par. 6.09 below).
6-3
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M28-1. Part IV April 16, 1992
c. Additional Program Approvals. Prior to beginning any second or subsequent special employer incentive program for a
veteran, the station Director must request and the Director, Vocational Rehabilitation Service (282) must approve the program.
6.09 CHARGE AGAINST ENTITLEMENT
The case manager will charge basic chapter 3 1 entitlement for the period during which the employer is entitled to reimbursements
of direct expenses under this program. For the period from the time VA determines the veteran needs this special program and the
beginning of the program, VA will not charge either basic entitlement or the 18 months of employment services entitlement.
6.10 PROGRAM LIMITED TO PRIVATE-SECTOR EMPLOYERS
VA may not make payments under this special employer incentive program to public-sector employers, including Federal, State
or local agencies.
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April 16, 1992
lb. Duration of Work 1c. Duration of On- job
Experience Program Training Program _
2a. 'Starting Date 2b. * Ending Date
3. 'Starting hourly wage $ .
X average number of hours veteran works monthly
= monthly rate: $ .
4. 'Number of months of the program
X monthly rate from item 3 above $ .
= total wages: $ .
5. 'Total wages projected for the veteran during all phases
of the incentives program (for only 1 phase = item 4):
6. Maximum total reimbursement (equals 50 percent of the total in item 5 above): $ .
a. Maximum reimbursement for instruction to include time of both supervisors and peers: $ .
b. Maximum reimbursement for productivity losses: $ .
c. Maximum reimbursement for supplies and equipment: i.e., instructional aids,
training materials, supplies, and minor modifications to equipment: $ .
*NOTE: If there are two or more phases of the program which are paid at different wage rales, repeat items 2.3. and 4 for each
program phase. Give the total for all program phases in item 5.
Figure 6.01 Schedule 1: Reimbursement for Costs of
Work Experience or On-job Training Under the
Special Employer Incentives Program
71-902 0-93
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April 16, 1992 M28-1, Pari IV
CHAPTER 7. SELF— EMPLOYMENT
PARAGRAPH PAGE
7.01 Introduction 7-1
7.02 Comprehensive Analysis and Self-Employment Plan 7-1
a. Feasibility Analysis 7-1
b. Plan 7-2
7.03 Developing the Feasibility Analysis 7-2
7.04 Categories of Veterans for Special Assistance for Self-Employment 7-2
a. Category One — Most Severely Disabled Veteran 7-2
b. Category Two — Veteran With a Serious Employment Handicap 7-2
c. Category Three— Veteran With an Employment Handicap 7-2
7.05 Types and Levels of Assistance Which VA May Provide 7-3
a. Category One 7-3
b. Category Two 7-3
c. Category Three 7-3
7.06 Supplies and Related Assistance Which VA May Not Authorize 7-3
7.07 Disabled Veterans Trained for Self-Employment Under a Slate Rehabilitation Agency 7-4
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April 16, 1992 M28-1, Part IV
CHAPTER 7: SELF— EMPLOYMENT
7.01 INTRODUCTION
Self-employment is an appropriate rehabilitation objective for many veterans. The conditions under which VA can furnish self-
employment services are in 38 CFR 21.257 and 21.258. These regulations establish three groups of veterans for whom the
requirements for receiving self-employment services are different: veterans with serious employment handicaps whom VA
considers as most severely disabled veterans; veterans with serious employment handicaps, but whom the VA does not consider
as most severely disabled veterans; and veterans with only an employment handicap. Both the law and VA regulations encourage
self-employment as an objective for severely disabled veterans and others who are unlikely to achieve rehabilitation through the
normal channel of employment by an existing company, agency, or organization. Therefore, if self-employment is truly the most
appropriate vocational goal. VR&C (Vocational Rehabilitation and Counseling) staff members should not be discouraged from such
a program either because the paperwork involved is extensive or because the veteran does not have a serious employment handicap.
7.02 COMPREHENSIVE ANALYSIS AND SELF-EMPLOYMENT PLAN
a. Feasibility Analysis. Before selecting self-employment as the veteran's rehabilitation goal, VA must conduct a thorough
analysis of the feasibility of self-employment for the veteran. (See paragraph 7.03 below for a description of the resources which
VR&C staff members may use in developing this analysis.) The CP (counseling psychologist) will prepare this analysis as a separate
document and will attach it to the 1WRP (individualized written rehabilitation plan) or the IEAP (individualized employment
assistance plan). For veterans whose goal is self-employment, this type of IEAP is also referred to as the self-employment plan.
VR&C staff members will prepare the analysis of feasibility for self-employment prior to the development of the self-employment
plan. The veteran will not develop his or her own analysis of feasibility. The CP may use contractual services for this analysis if
these services meet the conditions for use as a pan of an evaluation. The analysis of self-employment feasibility must include, at
a minimum, the following factors:
( 1 ) The location and. if applicable, the cost of the site selected for the business:
(2) A financial statement describing the availability of non-VA financing — including the veteran's financial resources, local
banks, and other sources:
(3) A study of the economic viability of the proposed small business plan, which, as a minimum, must discuss the following
issues:
(a) The business location in relation to the geographic distribution of the population which the business would serve,
(b) The population traffic patterns which would bring business to the veteran's proposed site of operation,
(c) The probability the business could serve as a subcontractor to larger organizations,
(d) The probability the business could provide contract goods or services to VA or to other Federal agencies (see particularly
paragraph 4.02b(5) for information on assistance concerning these contracts available from the VA Office of Small and
Disadvantaged Business Utilization).
(e) The competition the veteran would face from similar businesses in the market area,
(f) A comparison of the operational expenses and projected growth in gross and net income from the business over the first 5
years of operation, and
(g) The veteran's ability to absorb losses in the early years of operation until the business develops an adequate market share;
(4) A cost analysis specifying the types, amounts, and estimated costs of services, initial stocks, and other supplies which VA
would commit to furnish the veteran to begin operation of the business;
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M28-1. Part IV April 16, 1992
(5) A working outline for developing a market for the veteran's services or products beginning while the veteran is either in
Rehabilitation to the Point of Employabiliry or in Employment Services case status, whichever status is more appropriate to the
veteran's circumstances:
(6) Identification of a suitable occupational objective in which VR&C staff members would normally expect the veteran to work
in the public or private sector if he or she were not self-employed;
NOTE: VA will supply the same level of technical training and education in the self-employment program as the veteran would
require for employment in the identified suitable occupational objective. In addition, VA will provide the veteran the business and
management training needed to operate a small business.
(7) A schedule of the needed training for successful operation of a small business in the veteran's chosen field of endeavor; and
(8 ) The results of contacts with the Small Business Administration to secure special consider*»i<>r! under section 8 of the Small
Business Act. as amended.
b. Plan. After completion of the feasibility analysis and its summarization in a written report, the CP will decide whether self-
employment is feasible. If this determination is positive, the CP will work with the veteran and VRS (vocational rehabilitation
specialist) case manager to develop the self-employment plan. If initial stocks and other supplies under the self-employment plan
will cost more than S2.500, the regional office will forward the veteran's CER (Counseling/Evaluation/ Rehabilitation) folder,
including the w ritten feasibility analysis and the self-employment plan, to the Director, Vocational Rehabilitation Service (282) for
approval. The regional office must receive this approval prior to final signature of the plan by the CP, the case manager, and the
7.03 DEVELOPING THE FEASIBILITY ANALYSIS
To complete the feasibility analysis, the CP should use the services of business associations, economic development
corporations, the local Small Business Administration office, college business programs, and other appropriate organizations and
offices to gather data concerning the local market. The CP may also arrange for professional consultation on either a voluntary or
contractual basis to assist with the cost analysis, the assessment of equipment requirements, or other needed services. The case
manager will monitor the provision of these analytic services and will initiate needed amendments to either the contract or the self-
employment plan.
7.04 CATEGORIES OF VETERANS FOR SPECIAL ASSISTANCE FOR SELF-EMPLOYMENT
VA may furnish certain special assistance to veterans with an approved self-employment rehabilitation goal. The types of special
assistance available and the conditions under which VA can make them available vary based on the veteran's level of disability.
To determine a veteran's access to different types of assistance, the CP must first assign each veteran with an approved self-
employment plan to one of three categories, applying the rules in 38 CFR 2 1 .258:
a. Category One — Most Severely Disabled Veteran. Category one includes veterans whom VA has determined to be most
severely disabled under 38 CFR 21.258. To be placed in this category, the veteran must have a serious employment handicap and
the CP must determine that the veteran's employability limitations are so severe that they require self-employment as a vocational
goal. Generally, self-employment for veterans in this category will be home-based.
b. Category Two— Veteran With a Serious Employment Handicap. For self-employment programs, the CP must assign
to category two all veterans with a serious employment handicap whom he or she does not consider to be among the most severely
disabled veterans. For example, a CP would most likely place in this second category a mobile veteran with a serious employment
handicap who can pursue training in a school. This does not, however, prevent assigning a mobile disabled veteran to the first
category.
c. Categorj Three — Veteran With an Employment Handicap. The third category comprises veterans who have an
employment handicap, but who do not have a serious employment handicap.
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April 16, 1992 M28-1, Part IV
7.05 TYPES AND LEVELS OF ASSISTANCE WHICH VA MAY PROVIDE
For the mosi severely disabled veterans, limitations to employability necessitate the choice of self-employment as a rehabilitation
objective. Therefore, because their options are greatly limited, these veterans are entitled to an extraordinary degree of assistance.
As the effects of disabilities lessen, options expand; consequently, the scope of special assistance narrows. A veteran with a serious
employment handicap may receive much greater assistance than a veteran without a serious employment handicap. VAmust furnish
needed services and assistance to veterans who are most severely disabled (category one). In contrast, veterans who are not among
the most severely disabled must meet certain restrictive conditions to receive this assistance. Thus, veterans with a serious
employment handicap (category two) may receive the same types of services and assistance as most severely disabled veterans, but
only after meeting an additional condition. Veterans with an employment handicap (category three), however, can only receive
much reduced levels of self-employment services and (
a. Category One. The VR&C Division may supply the following assistance and supplies to category one veterans as necessary
to help these veterans successfully begin to operate their own businesses:
(1) Comprehensive training in the operation of a small business;
(2) Minimum stocks of materials such as an inventory of salable merchandise or goods, expendable items required for day-to-
day operations, and items which are consumed on the premises;
(3) Essential equipment, including machinery, occupational fixtures, accessories, and appliances; and
(4) Incidental services such as business license fees.
b. Category Two. VA may furnish a category two veteran the same supplies and services as most severely disabled veterans.
In contrast to category one veterans who receive these supplies and services as necessary to begin operation of the business, it must
be shown that self-employment is the soundest method of achieving rehabilitation for veterans in the second category. This
distinction results from the following rationale: In the case of the most severely disabled veteran, self-employment is the only
feasible method of achieving rehabilitation; whereas, in the case of the category-two veteran, self-employment is the be tier choice
among two or more alternatives.
c. Category Three. In a self-employment program, VA may provide a category three veteran the following assistance:
( 1 ) Incidental training in the management of a small business;
(2) License or other fees required for employment and self-employment. This sort of assistance is most commonly associated
with employment or self-employment in a skilled trade, such as an air conditioning mechanic; and
(3) The personal tools and supplies which the veteran would ordinarily require to begin employment. This sort of assistance
is most commonly associated with skilled trade occupations, but may include electronic data processing equipment and related
supplies if the veteran's situation meets the conditions in pan III, chapter 6.
7.06 SUPPLIES AND RELATED ASSISTANCE WHICH VA MAY NOT AUTHORIZE
VA may not under any circumstances authorize assistance for any of the following:
a. Full or partial payment to purchase land or buildings;
b. Lease or rental payments;
c. Purchase or rentals of cars, trucks, or other vehicles: or
d. Stocking either a farm for animal husbandry operations or a Fishery.
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M28-1, Part IV April 16, 1992
7.07 DISABLED VETERANS TR AINEDFOR SELF-EMPLOYMENT UNDER A STATE REHABILITATION AGENCY
. VA may furnish a service-disabled veieran who has trained for self-employment undera State rehabilitation agency supplemental
equipment and initial stocks and supplies if he or she meets the requirements for self-employment for the most severely disabled
veterans in 38 CFR 21.258(b) and the following conditions are met:
a. The veteran is eligible for VA-sponsored employment assistance;
b. An official of the State rehabilitation program with responsibility for administering self-employment programs certifies that:
( 1 ) The veteran has successfully completed training for a self-employment program, and
(2) The assistance needed is not available through non-VA sources;
C. The State program's individualized written rehabilitation plan describes the VA assistance needed; and
d. The Director. Vocational Rehabilitation Service (282) approves the request.
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April 16, 1992
CHAPTER 8. VETERANS PREFERENCE AND AFFIRMATIVE ACTION PROGRAMS
PARAGRAPH PAGE
8.01 Introduction 8-1
a. Rationale 8-1
b. Importance of Networking 8-1
c. Reasonable Accommodation 8-1
d. Regulations and Other Directives 8-1
8.02 Veterans Preference in Federal Employment 8-1
a. Five-point Preference 8-2
b. Ten-point Preference 8-2
c. Other Veterans Preference Benefits 8-3
d. Applying for Federal Employment 8-3
e. Special VA Preferences 8-3
8.03 Veterans Readjustment Appointments 8-3
a. General Eligibility 8-3
b. Eligibility Restrictions and Time Limits for Appointment 8-3
c. Minimum Job Requirements 8-4
d. Appointment Authority and Grade Levels 8-4
e. Training Program 8-4
f. Excepted Appointment 8-4
8.04 Noncompetitive Appointments for 30 Percent (or More) Compensably Disabled Veterans 8-4
8.05 Unpaid Training or Work Experience 8-5
a. Authority 8-5
b. Need to Use Federal, State, or Local Agency 8-5
c. Training in Federal Agencies 8-5
d. Considerations of Federal Laws 8-5
e. Training in Other Public-sector Agencies 8-5
f. Determination on Use of Unpaid Public-sector Training 8-5
g. Development of Training Program 8-6
h. Benefits and Services 8-6
i. Participants Are Not Federal Employees 8-6
j. Limitations on Nonpay Training in State and Local Governments 8-7
8.06 Certification of Severely Handicapped Applicants 8-7
a. Authority .*: 8-7
b. Certification 8-7
c. Steps Leading to Certification 8-7
d. Special Appointment Authority for the Mentally Restored 8-7
8.07 Work-study Allowance Program 8-8
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M28-l,P»rtIV April 16, 1992
8.08 Coordination with Public-sector Agencies 8-8
8.09 Veterans' Employment Emphasis Under Federal Contracts 8-8
8.10 Outreach Under the VA's On-job Training Program 8-8
8.1 1 Job Training Partnership Act 8-8
a. Responsibility of Slate and Local Governments 8-8
b. Services Furnished Under JTPA 8-9
c. Referrals for JTPA 8-9
8.12 Reemployment Rights 8-9
8.13 Affirmative Action 8-9
a. Responsibilities 8-9
b. Employment in VA 8-9
c. Other Federal Employment 8-10
8.14 Facilitating Employment in the Private Sector 8-10
8.15 Inservice Training 8-10
TABLE - PAGE
8.01 Noncompetitive Appointing Authorities and Programs Designed or Modified Specifically for Applicants With
Physical or Mental Disabilities 8-1 1
8.02 Employment of Paid and Unpaid Readers. Interpreters, and Personal Assistants 8-12
8.03 Documentation or Special Requirements for Appointment Authorities or Special Program for Persons With Severe
Physical Disabilities. Service-disabled Veterans Rated 30 Percent or More, Mentally Restored Individuals, and
Unpaid Work Experience for Disabled Veterans 8-13
8.04 Criteria for Determining Eligibility for Appointment of Severely Handicapped Individuals to Excepted Positions
Under Schedule A. Title 5. U.S.C. 2l3.3102(u 8-14
APPENDIX PAGE
A FPM Letter 307-15, New Employment Benefits for Veterans 8A-I
B FPM Letter 307-16. Changes in VRA and Other Veterans' Employment Requirements 8B-I
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April 16, 1992 M28-1, Part IV
CHAPTER 8. VETERANS PREFERENCE AND AFFIRMATIVE ACTION PROGRAMS
8.01 INTRODUCTION
a. Rationale. Preference in government employment has been granted to veterans who have served in defense of the nation.
Military veterans have shown their loyalty and commitment to the government of the United States. In addition, and of special
importance to disabled veterans, it is the policy of the United States that "No otherwise qualified individual with handicaps in the
United States.. .shall, solely by reason of his handicap, be excluded from the participation in, be denied the benefits of, or be subjected
to discrimination under any program or activity receiving Federal financial assistance or under any program or activity conducted
by any Executive agency or by the United Stales Postal Service." (29 U.S.C. 794, section 504 of the Rehabilitation Act of 1973.)
b. Importance of Networking. This chapter describes the statutory and regulatory provisions which specially emphasize the
employment needs of Vietnam era veterans, disabled veterans, and individuals with handicaps (including disabled veterans with
severe disabilities) in the public and private sectors. These provisions can contribute little to the suitable employment of disabled
veterans, however, without effective cooperation on behalf of the intended beneficiaries. Implementing these provisions is a
govemmentwide responsibility. Therefore, VR&C (Vocational Rehabilitation and Counseling) staff members should work closely
with OPM (Office of Personnel Management), the station's and other Federal agencies* Selective Placement Coordinators. State
rehabilitation agencies, the Job Service, and personnel specialists in non-Federal government agencies, educational institutions, and
private employers. Table 8.01 contains guidelines and regulatory citations for the utilization of several special appointment
authorities, including the noncompetitive appointment authority for veterans with service-connected disabilities VA has rated 30
percent or more, mentally restored individuals, and persons with severe physical handicaps.
c. Reasonable Accommodation. Central to the policy of nondiscrimination against people with handicaps is the concept of
reasonable accommodation. A Federal agency must make reasonable accommodation to the known physical and mental limitations
of a qualified handicapped applicant or employee unless the agency can demonstrate that accommodation would impose an undue
hardship on its operations. Reasonable accommodation includes such actions as making facilities accessible to and usable by
persons with disabilities, job restructuring, modified work schedules, acquisition or modification of equipment or devices,
adjustment or modification of examinations, and provision of readers for blind persons, sign language interpreters for deaf persons,
and personal assistants for otherwise handicapped persons. In determining what constitutes an undue hardship, an agency may
consider the size and type of its program and the nature and the cost of the accommodation. Table 8.02 offers guidelines for the
employment of readers, interpreters, and personal assistants in the Federal government.
d. Regulations and Other Directives. Although this chapter provides a summary of veterans preference and affirmative
action benefits. VR&C staff members should refer to the appropriate chapters of the FPM (Federal Personnel Manual) and related
documents for detailed, current directives on veterans preference, including VRA (Veterans' Readjustment Appointment) benefits,
and other affirmative action programs. Of particular importance are the following FPM chapters:
(1) Chapter 211 on veteran's preference;
(2) Chapter 307 on VRA benefits; and
(3) Chapter 333 on recruitment and selection.
8.02 VETERANS PREFERENCE IN FEDERAL EMPLOYMENT
The Federal Government gives special employment consideration to qualified veterans of the armed forces (Army, Navy, Air
Force. Marine Corps, and Coast Guard) seeking positions in the Federal government. Veterans preference opportunities can
significantly assist a case manager in placing veterans in Federal government positions. Preference applies to civilian positions,
permanent or temporary, in both the competitive service and the excepted service. Preference does not apply to the Senior Executive
Service, positions in the Legislative and Judicial branches of the Federal government, or positions in certain exempted agencies,
such as the Central Intelligence Agency. The basic reference for veterans preference in Federal hiring is FPM chapter 211,
subchapters 1 , 2 and 3. FPM chapter 333 also contains important and detailed information regarding recruitment and selection of
veterans who qualify for preference. For the requirements on agencies and veterans in taking personnel actions involving veterans
preference. VR&C Division staff members should refer to these FPM chapters. Each VR&C Division should also be aware of the
conients of current FPM numbered letters — equivalent to VA circulars — which OPM uses to keep personnel offices up to date on
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M28-l,PartlV April 16, 1992
the most recent changes in the FPM. For example, FPM Letter 307- 1 5 updated the FPM concerning veterans" preference for Desert
Shield/Storm participants and also provided details on implementing Public Law 102-16. This FPM Letter 307-15 is reprinted as
appendix A to this chapter. Staff members in the VR&C Division, and particularly case managers, should be thoroughly familiar
with the entire range of preference benefits available under these FPM chapters. In some instances, a qualified veteran's dependents
may also receive these employment benefits. These benefits include, but are not limited to the following:
a. Five-point Preference. Five points are added to passing scores on Federal government employment applications from
veterans who served on active duty if they were discharged under honorable conditions (an amnesty or clemency discharge does
not meet this requirement) and served under at least one of the following sets of circumstances:
(1) The individual served during any period of war as defined in 38 U.S.C. 101(1 1), including the Korean Conflict and the
Vietnam era.
(2) The individual served during the period beginning April 28, 1952, and ending July I, 1955.
(3) The individual served for more than 180 consecutive days, any pan of which occurred between February I, 1955, and
October 14,1 976. Initial active duty for training under the 6-month Reserve or National Guard programs in force during this period
does not earn veterans preference.
(4) An individual who entered on active duty between October 15, 1976, and September 7, 1980, is not eligible for veterans
preference unless he or she is disabled under 5 U.S.C. 2 1 08 or served in a war, campaign, or expedition for which a campaign badge
has been authorized, for example, Lebanon, Grenada, or Southwest Asia. The full list of authorized campaigns and expeditions
appears in FPM Supplement 296-33, subchapter 7.
(5) Anyone who enlisied after September 7, 1980, or entered onto active duty on or after October J4, 1982, must meet an
additional condition beyond the requirements stated in subparagraph (4) above: He or she must have served continuously for 24
months or for the full period of time for which called or ordered to active duty.)
NOTE: Posr-1980 enlistees who incurred a disability which VA determines is compensable are exempt from the restrictions in
subparagraphs (4 land (5). Similarly. a person is exempt if he or she is discharged or released from active duty either for a disability
incurred or qggravated in the line of duty or under 10 US.C. 1171 or 1173 for hardship or other reasons. Under section S07 of
Public Law 95 -454. retired members of the armed forces above the rank of major or lieutenant commander are no longer considered
preference eligihles as of October 1. 1980. unless they are disabled veterans.
b. Ten-point Preference. Every disabled veteran is entitled to the addition of ten points to a passing score on an application.
In addition, these 1 0-point preference veterans are placed at the (op of Civil Service registers. "Disabled veteran," for this purpose,
means "a person who was separated under honorable conditions from active duty in the armed forces performed at any time and
who either has established the present existence of a service-connected disability or is receiving compensation, disability retirement
benefits, or pension because of a public statute administered by VA or a military department." (FPM 211, subchapter 2, paragraph
2-1(6)). Any veteran who received a Purple Heart medal is also entitled to 10-point preference.
(1 ) Distinction for Active Duty Disability. There exists a distinction in this area between disabled veterans who served on
active duty and disabled veterans who did not serve on active duty. FPM defines active duty as "full-time duty with military pay
and allowances in the armed forces, except for training or for determining physical fitness, and except for service in the Reserves
or National Guards." A footnote to paragraph 2-5 of subchapter 2 of FPM 211 states: "An individual who is disabled while
undergoing training with a military reserve unit is not considered to be a disabled veteran and is not entitled to preference."
(2) Categories of 10-point Preference. Hiring offices of the Federal government must also distinguish between a 10-poinl
preference based on the existence of a disability (termed a "disability preference") and a ten-point preference based on a service-
connected disability rated al 10 percent or more (termed a "compensable disability preference"). On the SF- 171, Application for
Federal Employment, a 10-point preference eligible veteran must also indicate whether he or she has a disability of 30 percent or
more. This 30-percent indication is to establish eligibility for noncompetitive appointment (paragraph 8.04). It does not add
additional points to the veterans preference total.
NOTE: A veteran cannot claim both a 5-point and a 10-point preference.
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April 16, 1992 M28-1, Part IV
c. Other Veterans Preference Benefits. In addition to 5-point and 1 0-point preferences, veterans preference benefits include
the following:
( 1 ) Restriction of competition to veterans preference eligibles in certain examinations as long as enough eligible;, are available;
(2) Strict limitations on the selection of a nonpreference eligible when a preference eligible is available;
(3) Provision for veterans to reopen examinations under certain time limitations;
(4) Credit of time spent on active military duty to the length of time spent working in Federal service;
(5) Waiver of physical job requirements under certain conditions;
(6) Special provisions in layoff situations; and
(7) Job reinstatement rights.
d Applying for Federal Employment. Standard Form 171, Application for Federal Employment, is a complex, 4-page form
which many applicants incorrectly or poorly complete. Applicants must closely follow the directions on the form and complete all
applicable blanks. Item 24, Work Experience, is the most important part of the form and usually presents the most problems. Case
managers should find a useful, authoritative guide to completing the SF-171 and assist disabled veterans to use that guide to
complete an effective application.
e. Special V A Preferences. Under 38 U.S.C. 42 1 4(g), the Secretary of Veterans Affairs may accord preference to qualified
special disabled veterans and qualified veterans of the Vietnam era for employment in VA as veterans benefits counselors, veterans
claims examiners, veterans representatives at educational institutions, and counselors in readjustment centers. Special disabled
identifies "a veteran who is entitled to compensation. ..for a disability (i) rated at 30 percent or more, or (ii) rated at 10 or 20
percent. ..who has been determined... to have a serious employment handicap; or.. .was discharged or released from active duty
because of a service-connected disability." (38 U.S.C. 42 1 1 ( 1 )) The procedures for assisting veterans in securing appointments are
in FPM. chapter 307; MP-5. part I. chapter 307; and FPM, chapters 315 and 316.
8.03 VETERANS READJUSTMENT APPOINTMENTS
a. General Eligibility. Under section 42 1 4 of Title 38, U.S.C, compensably service-disabled Vietnam era veterans, Vietnam-
era veterans who served in a campaign for which a campaign or expeditionary medal or badge has been authorized, and post-
Vietnam-era veterans may receive VRA benefits. Oversight of the VRA program is given to OPM. OPM publishes the regulations
and other implementing instructions for VRA as chapter 307 of the FPM and in related FPM bulletins and letters. Effective March
23. 1991. there are no limitations on the educational experience of a VRA applicant.
b. Eligibility Restrictions and Time Limits for Appointment
(1) Vietnam-era Veterans
(a) Restrictions. Vietnam-era veterans must meet the definition of "veteran" in 38 U.S.C. 421 1; that is, they must have served
on active duty for more than 1 80 days and have been discharged with other than a dishonorable discharge. In addition, they must
have a compensable service-connected disability rated at 10 percent or more, have been discharged for a service-connected
disability, or for service during the Vietnam era only have served in Vietnam or another campaign of the Vietnam era for which
a campaign or expeditionary badge or medal is authorized. Thus a service-connected disability rated as 0 percent does not qualify
Vietnam era veterans for VRA. (See app. B below for FPM Letter 307-16 detailing the additional requirements for Vietnam era
veterans which became effective October 10, 1991, and the proofs necessary to establish entitlement based upon authorization of
the Southwest Asia Service Medal.)
NOTE: Continued senice after the Vietnam era does not except a Vietnam era veteran from needing to meet these additional
requirements.
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M28-1, Part IV April 16, 1992
(b) Time Limits. Vietnam-era veterans are eligible for a VRA appointment during the period ending 10 years after the date
of the veteran's last discharge or release from active duty or until December 31. 1993, whichever is later. (See subpar. (3) below
for disabled veterans with at least a 30 percent disability rating.)
(2) Post-Vietnam-era Veterans
(a) Restrictions. Post- Vietnam-era veterans are veterans who first entered active duty after May 7, 1 975. To be eligible, these
veterans must meet the definition of "veteran" in 38 U.S.C. 42 1 1 . (See also subpar. ( 1 ) above.)
(b) Limitations on 180-day Requirement. The 1 80-day service requirement does not apply to veterans separated from active
duty for a sen ice-connected disability or reserve and guard members who served on active duty under 10 U.S.C. 672(a). (g). or (d),
673, or673bduring a period of war (including the Persian Gulf War) or in a military operation for which a campaign or expeditionary
medal is authorized. (See app. B for further details of these special considerations for reservists and guard members.)
(c) Time Limits. A post-Vietnam-era veteran is eligible for a VRA within the 10-year period after the veteran's last discharge
or release from active duty or December 17, 1999, whichever is later. (See subpar. (3) below for disabled veterans with al least a
30 percent disability rating.)
(3) Veterans With a 30-percent Service-connected Disability. Disabled veterans who are 30 percent or more disabled have
no time limits on their VRA eligibility.
c. Minimum Job Requirements. Veterans must meet only the minimum requirements for jobs through grade 1 1 . An agency
may waive the requirement for taking a written test.
d. Appointment Authority and Grade Levels. The authority for appointing an eligible veteran under a VRA is in S CFR
307.103. The maximum grade to which an agency may appoint an eligible veteran is GS II, WG 1 1, or the equivalent. Effective
March 23. 1991, there is no longer any grade level distinction based on the period of military service.
e. Training Program. Except for veterans with 15 or more years of education, the veteran and the employing agency must
work out a training and educational program designed around the veteran's abilities and interests, the agency's needs, and the
training or educational facilities available in the area. VR&C staff members may assist in developing a suitable educational plan
for veterans eligible for chapter 31 services. VR&C staff members should coordinate developing these plans with the veteran and
agency personnel involved in VRA placement.
NOTE: VR&C staff members may offer these counseling and planning services to all veterans entitled to VRA placement.
f. Excepted Appointment. The VRA is an excepted appointment. While in a VRA, disabled veterans will be in tenure
group II. After 2 years of satisfactory performance on the job and in participation in the agreed educational or training program,
the agency must convert the veteran's appointment to career or career-conditional or separate the veteran from Federal service.
8.04 NONCOMPETITIVE APPOINTMENTS FOR 30 PERCENT (OR MORE) COMPENSABLY DISABLED
VETERANS
Under 5 U.S.C. 31 1 2. a disabled veteran with a compensable service-connected disability of 30 percent or more may receive a
noncompetitive appointment in a Federal agency if the veteran meets the job qualification standards. This appointment may lead
to conversion to career or career-conditional employment. A key point to note is the authority to convert from a temporary
appointment to permanent status after a relatively brief period of temporary employment. If the hiring agency does not convert a
temporary appointment wkhin the first 6 months, however, the appointee must wait until a total of 36 months has elapsed before
another opportunity to convert occurs. Procedures for these appointments and conversion to permanent status are in FPM,
chapter 316. It is often necessary to advise hiring officials and personnel specialists of the location of these guidelines to promote
use of the special hiring authority. See table 8.03 for documentation and special requirements for noncompetitive appointments
for 30 percent or more service-disabled veterans, persons with severe physical handicaps, mentally restored individuals, and
disabled veterans who have successfully completed a Federal unpaid or nominally paid work experience.
April 16, 1992
8.05 UNPAID TRAINING OR WORK
a. Authority. Under 38 U.S.C. 31 15, VA may use the facilities of any Federal agency (including VA) for training or work
experience as a pan or all of a chapter 3 1 program either without pay or for nominal pay. This unpaid training or work experience
authority is in addition to VRA and the 30 percent or more service-connected disability noncompetitive hiring authority.
b. Need to Use Federal, State, or Local Agency. VA must first determine that this Federal agency training or work experience
is necessary to achieve the goals of the veteran's IWRP or IEAP. Similarly, the VR&C Division may also use the facilities of any
State or local government agency receiving Federal financial assistance. This includes facilities of Stale, county, city, and town
governments, as well as the facilities of multigovemment agencies, such as regional transportation authorities and water and
sewerage authorities.
c. Training in Federal Agencies. Following training in a Federal agency, veterans may receive a noncompetitive appointment
to a vacancy for which the training has qualified them. Placement must be in the agency in which the veteran is training unless the
veteran has agreed to other arrangements.
( 1 ) Placement Agreement in IWRP or IEAP. The IWRP or IEAP must state that upon satisfactory completion of unpaid on-
job training either the individual will be placed in the position in which he or she is training or the individual understands that a job
is not available at the agency where the training takes place, but that placement in a similar position at another agency is reasonably
likely. Because work experience enhances the veteran's general ability to secure employment in either the public or private sector,
there is no requirement for the IWRP or IEAP to contain this agreement.
(2) Completion Statement/Certificate. According to FPM 315, appendix B-5, the VR&C Division and the training agency
are to jointly issue the veteran a statement of completion following a successful training or work experience. Any Federal agency
can hire the veteran within 1 year of the date of the completion certificate.
(3) First Appointment Status and Conversion. As with other noncompetitive appointments, the veteran "s first appointment
is classed as special tenure. This appointment may be converted to career or career-conditional within 6 months or at the end of
36 months. (38 CFR 21.299.) (See table 8.03.)
d. Considerations of Federal Laws. The VR&C Division may authorize unpaid training or work experience without regard
to the compensation requirements of the Fair Labor Standards Act or the prohibition in 3 1 U.S.C. 665(b) against Federal agencies'
acceptance of voluntary services. For veterans at Federal facilities, this training or work experience is considered Federal
employment only for the employees' job-related disability protections under chapter 81 of title 5 U.S.C, but not for any other
purposes of laws which OPM administers.
e. Training in Other Public-sector Agencies. VR&C staff members may secure use of non-Federal public-sector facilities
to train disabled veterans by means of contracts, agreements, or other cooperative arrangements. Since Federal law allows use of
noncompetitive hiring authorities for disabled veterans below the Federal level, VR&C Divisions should work with Slate and local
government agencies to develop hiring authorities and training and employment opportunities which parallel the Federal practice.
f. Determination on Use of Unpaid Public-sector Training. The CPand the VRS will collaborate to prepare a determination
as to the need for training on a nonpay or nominally paid basis in a public agency. This training may be all or part of a veteran's
program of rehabilitation. This determination will be based on an analysis of the veteran's needs as indicated by his or her disability,
education and work experience, employment goal, and other pertinent factors in relation to available training resources and the
requirements for restoration of employability . For example, unpaid training in a public agency may be indicated under the following
circumstances:
( 1 ) Training in a work setting will best meet the veteran's needs, but because of the veteran's condition or other reasons, it is
not feasible to develop suitable on-job training either with a private employer or on a competitive basis in a public agency.
(2) The veteran needs a period of work experience during or subsequent to a program of institutional training either for
transitional or adjustment purposes or as an essential element to establish employability in the selected vocational objective in the
public or private sector. In FPM 315, appendix B-4, OPM indicates that I month of "intensive, carefully-planned" training may
substitute for 2 months of experience in determining that an individual meets the qualification requirements of a particular position.
8-5
170
April 16. 1992
(3) It is in the veteran's special interest to train in a public agency because his or her goal is a career in government service.
Successful completion of the training or work experience should place the veteran in a uniquely advantageous position for entry
injo public service because the training is directly related to position qualification requirements. When a veteran trains in a non-
Federal agency. VR&C staff members should take care to confirm the extent to which position qualification requirements can
transfer from one jurisdiction or level of government to another. For example, a veteran should not train at a county agency as an
equipment operator, only to find out later that his or her training and experience does not meet the qualification standards for an
equipment operator in a State agency.
g. Development of Training Program. The development of the training program with the public agency is the responsibility
of the VRS case manager. The policies and procedures for development and supervision of on-job training programs generally
apply.
( 1 ) Aothority for Training Plans. There are two plans under which Federal agencies may train disabled veterans on the job
under 38 U.S.C. chapter 3 1 authority: plans I and 2. as explained in FPM. chapter 315, appendix B. Chapter 3 1 unpaid or nominally
paid trainees (plan 2) will not replace or be used in lieu of regular employees for whom funds and a personnel ceiling have been
provided.
(2) Agreements With Agencies. The VRS will develop agreements with agencies to establish the conditions for (raining on
a nonpay basis. These agreements will show that the veteran is not an employee under the law. An attachment to the agreement
will outline the training program.
(3) Monthly Reporting Requirements. The agency will make monthly reports of training on VA Form 20-l905c, Monthly
Record of Training and Wages. If the trainee does not receive wages, the agency will enter"None" in item 5A and will check "Other"
and enter "Nonpay status" in item 6. Training programs with non-Federal agencies should follow this same process. Further detailed
instructions are in part III. paragraph 2.02(cK4) and (5).
h. Benefits and Services. Veterans in on-job training or work experience on an unpaid or nominally paid basis receive the
same VA benefits and services as other disabled veterans training under chapter 3 1 . The case manager will also authorize supplies
in the same manner as for on-job trainees.
(1 ) Subsistence Allowance. For unpaid or nominally paid on-job training or work experience in a Federal. State, or local
government agency, the trainee will receive the institutional rate throughout the period of training, as specified by law.
(2) Training Time
(a) OJT. On-job training may be combined with institutional training, but a veteran's OJT portion of the program must always
be full time.
(b) Work Experience. In contrast with OJT. a veteran may undertake work experience in a Federal. State, or local agency on
a full-time, three-quarter-time, or half-time basis, with subsistence allowance commensurate with training time. This work
experience may also be combined with institution training, thereby possibly increasing the rate of subsistence allowance due the
veteran.
(c) Work Experience on a Less-lhan-half-time Basis. VR&C staff members may authorize work experience on a less than
half-lime basis only under 38 CFR 21.314. That is. pursuit at less than half-time must be part of the veteran's plan. Additionally,
a veteran cannot receive subsistence allowance if he or she is pursuing rehabilitation on a less than half-time basis.
(3) Supervision. Frequency of VA supervision of veterans in unpaid or nominally paid OJT and work experience will be not
less than the frequency prescribed for other chapter 31 on-job training.
i. Participants Are Not Federal Employees. In the Federal government, veterans in on-job training or work experience on
a nonpay basis are not considered employees for OPM purposes and do not receive leave or other employee benefits, with one
exception: They are eligible for disability compensation under the Federal Employees Compensation Act. As with other trainees
under chapter 3 1 . they are eligible under 38 U.S.C. 1151 for additional disability compensation if they suffer injury during the course
of rehabilitation which results in additional disability. Similarly, if the veteran dies as a result of injury on the job. his or her
171
April 16, 1992 M28-l,PartIV
dependents are eligible for survivors' benefits as if the death were service-connected. VR&C staff members must negotiate the
terms of agreements with non-Federal agencies, but these agreements should contain these protections.
j. Limitations on Nonpay Training in State and Local Governments. Veterans in State and local government nonpay or
work experience programs may not
(1) Work in positions involving political or religious activity, or
(2) Replace a current employee.
8.06 CERTIFICATION OF SEVERELY HANDICAPPED APPLICANTS
a. Authority. Under OPM regulations and procedures (FPM, chapter 306, subchapter 3), severely handicapped persons,
including disabled veterans, may be appointed to a Federal job on either a temporary trial appointment (700-hour) or a Schedule
A (excepted) appointment. Schedule A appointments (but not 700-hour appointments) are based on written certification by a VA
CP or a State rehabilitation counselor that the applicant has the qualifications and abilities required to perform the duties of the job.
Prior OPM approval is not required for a disabled individual to receive an excepted appointment. By OPM determination, this
special procedure applies to "People with physical-impairments which are sufficiently severe that they qualify medically for an
excepted appointment under Section 21 3.3 102(u) of Schedule A (of Title 5, U.S.C.) whether or not this authority is used." (FPM,
ch. 306. subch. 4, paragraph 41b.) See table 8.04.
b. Certification. Under the special certification procedure, the CP evaluates the ability of the handicapped person to meet the
requirements of a particular job and work situation. This individual certification is based on a systematic analysis of both the job
and the veteran's qualifications and limitations. In this analysis, the CP establishes the veteran's ability to perform the duties of
the position even though the veteran's disability may have prevented him or her from gaining all of the appropriate training or
experience which the position requires.
c. Steps Leading to Certification. To certify an individual for appointment as a severely handicapped person, the CP must
first complete a number of steps:
( 1 ) Determine that the person is severely handicapped and the handicap constitutes a serious hindrance to securing employment;
(2) Evaluate the individual's specific job skills, capabilities, physical capacities, and limitations;
(3) Determine the requirements of the job through close cooperation with the prospective employer and on-site observation and
will include consideration, as necessary, of possible adaptations and modifications of the job tasks and the worksite.);
(4) Determine, based on evaluation of the handicapped individual's skills, abilities, physical capacities, and limitations in
relation to the specific job requirements, that the applicant can meet the job requirements;
(5) When the criteria for appointment as a severely handicapped person under either the trial appointment or excepted
appointment procedures are met, and there is agreement with the employer, prepare VA Form 2 1 57, Certification of Employability;
and
(6) Document in a narrative statement the individual's ability to do the job, recommending any needed job task modifications
or worksite modifications, and discussing the applicant's limitations or other work-relevant factors. If the certification is for an
excepted appointment, the CP will furnish copies of these documents and a report of a current medical examination to the personnel
officer of the employing activity for forwarding to OPM for prior approval.
d. Special Appointment Authority for the Mentally Restored. An individual who has been mentally restored may be
appointed to a position noncompetitively under Schedule B. section 2l3.3202(K)of Title 5, U.S.C. This excepted appointment
authority was developed to offer mentally restored persons an ample opportunity to establish a successful performance record to
counteract prejudice on the part of employers. To be eligible for appointment as a mentally restored individual, the person must
be at a severe disadvantage in obtaining employment because he or she has a psychiatric disability evidenced by hospitalization or
outpatient treatment. The disability must also have caused a significant period of substantially disrupted employment. Finally, a
S-7
172
M28-1, Part IV April 16, 1992
State vocational rehabilitation counselor or a VA psychologist or psychiatrist must certify the person for a specific position. See
tables 8.01 and 8.03.
8.07 WORK-STUDY ALLOWANCE PROGRAM
Veterans attending school three-quarter time or more can work for VA up to 1 300 hours per year. For this work, veterans receive
either the Federal or State minimum wage, whichever is higher. Generally, veterans must work in VA facilities. If the veteran is
performing outreach services or is preparing or processing VA forms, however, he or she may work in a non-VA facility. For
example, a work-study might call veterans to inform them of available VA benefits. A work-study might also assist a Disabled
Transition Assistance Program CP in collecting and forwarding claims for benefits and in answering calls and taking messages in
an outbased location. A VA employee must directly supervise these outreach activities. The Work-study Allowance Program
allows veterans to gain experience working in fields related to their training programs. For example, a veteran training to become
an accountant might work in a VA Finance activity to perform his or her work-study obligation. Whenever possible, work-study
assignments should be made with the intent of improving the veteran's employability in his or her occupational goal. (38 CFR
21.272)
8.08 COORDINATION WITH PUBLIC-SECTOR AGENCIES
Although ample authority exists to place veterans in Federal civil service jobs or training positions (38 U.S.C. 31 15 and 5 CFR
315.604), this authority alone is of little value without a useful degree of communication and cooperation with OPM and other
Federal agencies. Similarly, the VR&C Division's authority to utilize the facilities of non-Federal government agencies requires
interaction with these agencies. The VR&C Officer is responsible for assuring open communication and close cooperation with
other agencies. VR&C staff members should personally know the Veterans Employment Counselor in OPM's area office, the
Veterans Employment Coordinator or Selective Placement Specialist in the Federal agencies within the area, and their counterparts
in other public-sector agencies. Periodic contacts with these individuals and others responsible for employment and placement in
potential host agencies are highly recommended as a means of promoting these programs as well as other special employment
opportunities for veterans.
8.09 VETERANS* EMPLOYMENT EMPHASIS UNDER FEDERAL CONTRACTS
Under 38 U.S.C. 42 1 2. contractors and subcontractors with Federal or Federally assisted contracts of $10,000 or more must list
with the Slate employment service local office any new job openings that current employees will not fill. The State employment
service must then refer veterans to these jobs on a priority basis. The contractor must also take affirmative action in hiring and
promoting qualified special disabled veterans and veterans of the Vietnam era. (See 38 U.S.C. 421 1 for definition of "special
disabled veteran.") The OFCCP (Office of Federal Contract Compliance Programs), a component of the Department of Labor,
investigates complaints and takes appropriate action in situations where there isevidence of noncompliance. The national V A-DOL
agreement describes the responsibilities of VA, VETS (Veterans' Employment and Training Service), SESA (State Employment
Security Agency), and local OFCCP in implementing 38 U.S.C. 42 1 2. The statewide agreement or related document should contain
specific directives to implement the provisions of the national agreement.
8.10 OUTREACH UNDER THE VA'S ON-JOB TRAINING PROGRAM
Close coordination with DVOPs and other SESA personnel will minimize duplication in outreach to employers for job
development and placement purposes, the development and maintenance of affirmative action programs, and monitoring employer
compliance with reasonable accommodation obligations.
8.11 JOB TRAINING PARTNERSHIP ACT
a. Responsibility of State and Local Governments. The JTPA (Job Training Partnership Act) transferred to State and local
governments many responsibilities which the Federal Government formerly conducted. To meet local market conditions. State and
local governments now have considerable flexibility in designing training programs. State and local governments gain this
flexibility through PICs (Private Industry Councils), composed of appointed representatives from business, labor, and State and
local governments.
173
April 16, 1992 M28-l,P«rtIV
b. Services Furnished Under JTPA. The Federal-State JTPA program offers job training to unemployed, economically
disadvantaged youths and adults, including veterans. Generally, veterans must meet the same eligibility criteria as other applicants.
Job Service staff members will assist veterans in determining eligibility for available training. This training may include OJT,
vocational education, classroom instruction, or any combination of these activities. Trainees may receive income support on an
as needed basis. The availability of training programs may vary from time to time depending upon the funding available through
the PICs.
c. Referrals for JTPA. To explore training opportunities under JTPA, VR&C staff members should contact the designated
liaison person or Local Veterans' Employment Representative. VR&C staff members will refer veterans under the personalized
referral provisions in the national VA/DOL agreement.
8.12 REEMPLOYMENT RIGHTS
Veterans, reservists, and members of the National Guard are entitled to certain reemployment and other rights, including
protection against discharge from employment because of membership in reserve components of the Armed Forces or training duty
obligations. Note thai many current reservists and National Guard members are also veterans entitled to VA services and benefits
based upon prior active service. Under 38 U.S.C. 4325, OVRR (Office of Veterans' Reemployment Rights), a component of the
Department of Labor's Office of the Assistant Secretary for Veterans' Employment and Training, assists persons who are seeking
reinstatement in their former positions. OVRR also assists veterans and employers by investigating complaints and attempting to
resolve problems. The statewide agreement between VA and DOL should describe how the two agencies will coordinate the
dissemination of information regarding veterans reemployment rights to veterans and employers.
8.13 AFFIRMATIVE ACTION
a. Responsibilities. The VR&C Division has specific responsibilities in helping to implement affirmative action in VA. These
responsibilities derive from two major affirmative action activities:
( 1 ) The Disabled Veterans Affirmative Action Plan, for which OPM has administrative responsibility, and
(2) The Comprehensive Affirmative Action Program for People With Disabilities, for which EEOC (Equal Employment
Opportunity Commission) has administrative responsibility. Descriptions of these two programs are in VA Manual MP-7, part I,
chapter 2. sections D and E respectively. Under section SOI of Public Law 93-1 12, the Rehabilitation Act of 1973, and section 403
of Public Law 93-508. the Vietnam Era Veterans Readjustment Assistance Act of 1974, VA's affirmative action responsibilities
encompass employment in Federal agencies as well as employment by private employers who hold certain Federal contracts and
by the subcontractors of these contract employers. VR&C staff members should be thoroughly familiar with VA affirmative action
activities.
b. Employment in VA. Policies and procedures for establishing and maintaining a comprehensive, systematic selective
placement program to provide increased and improved VA employment and career development opportunities for handicapped
persons are set forth in VA Manual MP-5, part I, chapter 306. and in the VA affirmative action program plans which
subparagraph a above describes. Overall responsibility for carrying out these policies and procedures in each station rests with the
station Director. The Personnel Officer, who is designated as coordinator for selective placement of people with disabilities, has
primary staff responsibility. The VR&C Officer or designee will actively participate with the Personnel Officer and coordinators
at other VA facilities and other Federal agencies in the same geographical area. These responsible individuals will develop job
opportunities within VA for disabled veterans for whom the VR&C Division has placement assistance responsibility; they will
furnish specialized support and technical assistance to increase placement opportunities for handicapped veterans and nonveterans
in VA: and they will help ensure the optimum utilization and adjustment of disabled veterans as employees. The VR&C Officer,
with the assistance of CPs and VRSs, as appropriate, will participate in the overall station program as follows:
(1) He or she will serve on the station committee on employees with disabilities; and
(2) He or she will serve as consultant to the station coordinator and as a resource person in the following areas:
(a) Effecting proper placement of individual handicapped applicants.
174
M28-l,PartlV April 16, 1992
(b) Analyzing the physical and other requirements of positions with a view to determining the suitability of the positions for
handicapped persons.
(c) Modifying worksites and environment and restructuring job tasks to bring jobs within the capabilities of handicapped
persons.
(d) Resolving problems of job adjustment related to disability.
(e) Planning career development for individual disabled veterans and other handicapped employees.
(f) Orienting supervisors and coworkers of handicapped employees, and
(g) Certifying severely handicapped applicants for appointment.
c. Other Federal Employment. Federal employment, especially under an expanded and strengthened program of affirmative
action, represents an important placement resource for disabled veterans and other persons with handicaps. VR&C staff members
need to aggressively develop and use this resource in discharging their responsibilities in the placement of disabled >
( 1 ) Direct Contact With Agency Placement Coordinators. One of the most effective ways of developing job opportunities
is through direct contact with the coordinators for selective placement of the handicapped in the various Federal agencies. VR&C
staff members can generally obtain the name and telephone number of the coordinator at each Federal agency by contacting the area
OPM office. Often the duty of selective placement coordinator rotates among various staff members in an agency's personnel
offices. In this case. OPM may not have the name and phone number of the selective placement coordinator. Normally. VR&C
staff members can establish liaison by contacting the personnel office and asking for the selective placement coordinator. The
VR&C Officer should initiate and maintain an active relationship with these coordinators, as well as with local OPM staff members,
to locale employment possibilities for disabled veterans. These possibilities may include openings to which agencies may appoint
severely disabled veterans based on a CP's special certification. As necessary. VR&C staff members will visit work places to
observe job functions and working conditions.
(2) Requests From Agency Coordinators. The VR&C Officer will also be responsive to requests from agency coordinators
to evaluate the qualifications of severely handicapped veterans under consideration as applicants under special appointment
procedures. If appropriate, a CP will complete the special certification procedures (see par. 8.06).
8.14 FACILITATING EMPLOYMENT IN THE PRIVATE SECTOR
Private employers who contract with the Federal Government must offer employment and job advancement opportunities to
disabled veterans and other handicapped persons. Many employers seek guidance in meeting the requirements of the law and VR&C
staff members should work closely with these employers. This help should include general orientations about VA on-job training
and other programs and services as well as what selective placement can accomplish. Then VR&C staff members should assist in
identifying and analyzing specific jobs and job training situations for placement of disabled veterans and in making job and worksite
modifications to accommodate handicapped workers. Having identified a particular job. VR&C staff members should refer
veterans whom V A counseling has determined qualified for placement in the job. Following placement. CPs and VRSs should offer
help in resolving any job adjustment or work problems that may arise. The VA/DOL statewide agreement should describe the
overall coordination with the liaison in the OFCCP (see also par. 8.09).
8.15 INSERV1CE TRAINING
The VR&C Officer in each regional office will hold inservice training sessions on policies and procedures which CPs and VRSs
need to follow in implementing an intensive affirmative action program. Pertinent basic materials include sections 501 and 503
of Public Law 93- 1 1 2; 38 U.S.C. 42 1 2 and 42 14; VA Manual MP-5. pan I, chapter 306; FPM, chapter 306; and both VA affirmative
action program plans for employment of disabled veterans and handicapped individuals. The VR&C Officer should invite to these
training sessions VA field station coordinators and other staff members concerned with placing the handicapped. When discussing
cooperative action w ith outside agencies, the VR&C Officer should also extend invitations to coordinators in those agencies; e.g..
State vocational rehabilitation agency counselors and State Employment Security Agency selective placement counselors.
175
April 16, 1992
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April 16, 1992 M28-1, Pari IV
Appendix 8A
Office of Personnel Management
Federal Personnel Manual System Published in advance of incorporation in FPM
Chapters 211 and 307
FPM Letter 307-15
Subject: New Employment Benefits for Veterans
Washington, DC 20415
June 24. 1991
Heads of Departments and Independent Establishments:
1. Presidential Support for Employing Veterans
The President, on March 8, 1991, directed Federal agencies to ensure that Federal civilian employment opportunities are made
available to the greatest extent possible to veterans of Operation Desert Shield/Storm, particularly those who have become disabled
as a result of their military service. To help Federal agencies carry out the President's mandate, this letter provides information about
two major changes in the employment benefits available to veterans, ( I ) the Southwest Asia Service Medal, which entitles recipients
to preference in Federal employment and retention, and (2) the new veterans' readjustment hiring authority.
2. Veterans' Preference for Gulf w>r Participants
a) To recognize the special sacrifices and outstanding performance of the Armed Forces, President Bush ordered the creation
of the Southwest Asia Service Medal for active duty personnel who served in military operations in southwest Asia or in the
surrounding contiguous waters or air space on or after August 2, 1 990, and before a terminal date to be set by the Secretary of Defense
(Executive Order 12754. March 12. 1991).
b) The military departments will publish specific eligibility criteria for awarding the medal. (Note the National Defense
Service Medal (NDSM), which was reinstated on February 21. 1991, by the Secretary of Defense, is not a campaign badge and,
therefore, is not a basis for granting veterans' preference.)
c) Under civil service law (5 U.S.C. 2108), individuals who receive a campaign medal and meet the other eligibility
requirements indicated below are eligible for veterans' preference in Federal employment. Thus, the more than half-million
members of our Armed Forces eligible for the Southwest Asia Service Medal — including many reservists— can claim veterans'
preference. This is the largest number of service men and women to be covered since October 14, 1976, when peacetime veterans'
preference ended.
d) To qualify for preference, recipients of the Southwest Asia Service Medal must have been honorably discharged and have
served continuously for 24 months or the full period for which called or ordered to active duty. Reservists who are released before
serving the total period originally called for. are considered to have met this requirement. In addition, no minimum service period
is required for (1) veterans with compensable service-connected disabilities, or (2) those discharged or released for disabilities
incurred or aggravated in the line of duty or for hardship or other reasons under 1 0 U.S.C. 1171 or 1 1 73 (FPM Chapter 211).
3. Documenting Eligibility for Veterans' Preference of Employees
a) Proof of eligibility for preference generally is provided on each certificate of Release or Discharge from Active Duty (Form
DD 2 14) or other evidence issued by the military departments. Agencies should make sure that employees who return from active
duty provide their personnel offices with copies of discharge papers or other military documents showing award of the Southwest
Asia Service Medal. In some cases the military records may not show the award of the medal at all, if, for example, the employee
w as discharged before the medal was authorized. The military department is responsible for notifying veterans who have separated
180
M28-1, Part IV April 16, 1992
of this medal award. Since not all returning reservists are eligible for this benefit, it is critical that personnel officials accurately
determine which employees are eligible for veterans' preference and document their employment records to this effect.
b) Agencies should process an 883/Chg in Vet Pref action for each returning employee who is eligible for preference based
on award of the Southwest Asia Service Medal. Agencies should cite CCM/FPM Ch 21 1 and ZJR/Operation Desert Shield as the
authorities. The 883/Chg in Vet Pref action should be effective on the same date as the action documenting the employee's return
to duty from LWOP or restoration after military separation. Both actions may be documented on the same SF 50, Notification of
Personnel Action.
4. Determining Veterans' Preference Eligibility of Job Applicants
Establishing the eligibility of job applicants for veterans' preference is based on the same criteria specified in paragraphs 2 and 3
above. Some members of the Reserve and National Guard may have applied for civil service employment prior to being sent to
the Gulf. OPM are offices have been instructed to revise the examination ratings of such individuals who claim preference based
on the award of the Southwest Asia Service Medal. Federal agencies with direct-hire and delegated examining authority should
make a similar revision upon notification from applicants. Also, in any contact with applicants, agencies should remind those who
are eligible to contact the applicants, agencies should remind those who are eligible to claim veterans' preference on their application
for Federal civil service employment.
5. New Veterans' Readjustment Appointment (VRA) Authority
Section 9, attached, of P.L. 102-16, signed by the President on March 22, 1991, makes several important changes in the VRA
authority listed below. The new law:
- Iseffective March 23. 1991. Appointments may be made immediately on the basis of the eligibility criteria in the new law without
wailing for implementing regulations. Previous VRA eligibility criteria must not be used.
- Raises the maximum entry grade level to GS 11, WG 1 1, or equivalent for all VRA eligibles.
- Eliminates the education limits on VRA eligibility. There is no longer any restriction on the number of years of education VRA
eligibles may have.
- Changes the VRA eligibility of veterans who entered the Armed Forces on or before May 7. 1975. and continued serving after
that dale. Those veterans no longer qualify as post-Vietnam-era veterans, but must meet the definition of Vietnam-era veteran, to
be eligible for VRA appointment. Vietnam-era veterans are eligible for VRA appointments only if they meet the general definition
of •veteran" in 38 U.S.C. [421 1] (i.e., they served on active duty for more than 180 days and were separated with other than a
dishonorable discharge or were discharged because of a service-connected disability) and either (1) have a service-connected
disability, or (2) served in Vietnam or another campaign of the Vietnam era for which a badge or medal is authorized.
- Changes the definition of post- Vietnam-era veterans from "veterans who served on active duty after May 7, 1975" to'
who first became a member of the Armed Forces after May 7, 1975." All post-Vietnam-era veterans are eligible for VRA
appointments provided they served on active duty for more than 180 days and were separated with other than a dishonorable
discharge or were discharged because of a service-connected disability (38 U.S.C. [421 1 ]).
- Changes the period of appointment eligibility. Disabled veterans who are 30 percent or more disabled have no time limit on their
VRA eligibility. A Vietnam-era veterans is eligible for VRA appointment during the period ending 10 years after the date of the
veteran's last discharge or release form active duty or until December 31, 1993-whichever is later. A post- Vietnam-era veteran
is eligible for a VRA appointment within the 1 0 year period after the veteran's last discharge or release from active duty or December
17, 1999-whichever is l«ter.
- Removes the December 31, 1993, expiration dale from the VRA statute, thereby making the VRA authority permanent.
- Provides preference for disabled veterans over other veterans in appointments.
181
April 16, 1992 M28-l,PartIV
6. Selection Precis? for vra Appointment?
5 CFR Pan 302 selection procedures must be followed in making VRA appointments. This assures compliance with statutory
requirements that preference be provided for both disabled preference eligibles and nondisabled preference eligibles over VRA
candidates who are not eligible for veterans' preference (see FPM Chapter 213.)
7. Documenting VRA Appointments
Other major provisions (length of appointment, training, nature of action, and temporary appointment based on VRA eligibility)
have not changed. Agencies should use the same appointing authority shown in interim regulation 5 CFR 307. 103 (see FPM Bulletin
307-26. dated April 30, 1990) following the instructions in FPM Supplement 296-33, subchapter 11. Until final regulations are
issued, cite in the Remarks section of the ST 50. Notification of Personnel Action, "VRA Program revised by P.L. 102-16,
March 22. 1991." OPM will be issuing regulations as well as revised instructions in FPM Chapters 307 and 316 to reflect the new
requirements of the law.
8. OPM and Agency Support for All Veterans
a) While immediate attention is focused on the preference eligibles who served in Operation Desert Shield/Storm, we should
not lose sight of the needs and entitlements of veterans from earlier eras, especially those who served during the Vietnam era or those
who were disabled as a result of a service-connected disability. These individuals also left their regular civilian employment to join
in a national military effort; their lives and the lives of their families were greatly disrupted. In recognition of the sacrifices made
by members of the Armed Forces, it is essential that Federal agencies as employers take extra steps to help these individuals.
b) To assist all veterans — those who are disabled, those from Operation Desert Shield/Storm, including those eligible for VRA,
and those who served in earlier conflicts — OPM has designated a staff member in each area office and the Washington Area Service
Center as a contact point for inquiries from and about veterans. A one-page fact sheet for VRA applicants, which includes a list
of these contacts, is attached.* OPM is pledged to provide full support to veterans. We urge Federal agencies to give every possible
employment consideration to the dedicated and talented men and women or the Armed Forces as they return to civilian life.
Constance Berry Newman
Director
Attachments
'NOTE To obuin this fat t shtel and list. YR&C Divisions should toman their OPM area offii
182
April 16, 1992 MZS-l.PartlV
Appendix 8A
OfTice of Personnel Management
Federal Personnel
FPM Letter 307-16
Federal Personnel Manual System Published in advance of incorporation in FPM
Retain Until Superseded
Washington, DC 20415
22. 1992
Subject: Changes in VRA and Other Veterans' Employment Requirements
Heads of Departments and Independent Establishments:
VRA Law Amendments
1. On October 10, 1991, the President signed Public Law 102-127 that makes two changes in the Veterans' Readjustment
Appointment (VRA) authority.
2. One change modifies the VRA eligibility of disabled veterans of the Vietnam era. To be eligible for appointment, these
individuals must meet one of the two following criteria:
a. They must have a compensable service-connected disability, which is one rated at ten percent or more disabling; or
b. They must have been discharged or released from active duty for a disability incurred or aggravated in the line of duty.
Accordingly, a disabled veteran of the Vietnam era with a zero percent disability rating is no longer eligible. The change amends
38 U.S.C. 4214(b)(2)(A)(i) (formerly section 2014).
3. The other change in VRA eligibility particularly helps reserve and guard members who served for a period of less than 1 8 1 days
active duty during Operation Desert Shield/Storm. That change excepts reserve and guard members from the requirement to serve
on active duty for a period of more than 1 80 days, as long as they meet all of the following three requirements:
a. Thev were ordered to active duty under section 672 (a), (d). or (g). 673. or 673b of title 10. These sections are the statutory
authorities for calling up reserves and guard members, including those in the Selected and the Ready Reserves. The remarks portion,
item No. 1 8, of the service member's Form DD 2 1 4 should cite one of these sections as the basis for ordering the member to active
duty; for example. "Reservist ordered to active duty in support of Operation Desert Shield/Storm 10 U.S.C. 673b."
b. Thev served on active duty during a period of war or in a campaign or expedition for which a campaign badge is authorized,
Section 101 ( 1 1 ) of title 38, United States Code, identifies the Persian Gulf War, beginning August 2, 1990, as a period of war (no
ending date has been set). For purposes of VRA eligibility, reserve and guard members performing active duty during the Persian
Gulf War are qualified whether or not they served in the Desert Shield/Storm theater of operations and received the Southwest Asia
Service Medal. Please note the title 38 definition of wartime does not affect title 5 provisions; that is, to qualify for veterans'
preference, a reserve and guard member called up for Operation Desert Shield/Storm would need to be a disabled veteran or receive
the Southwest Asia Service Medal.
c. Thev were separated from this period of active service with other than a dishonorable discharge.
Correction of Standard Form 171
4. Under 5 U.S.C. 2 1 08(4), persons who retire from the armed forces at or above the rank of major or the equivalent are not entitled
to preference in appointment unless they are disabled veterans. The veterans' preference instructions on the tear-off sheet to
Standard Form 171, revised June 1988. incorrectly indicate that reserve retirees also are excepted from loss of preference. This
reference will be deleted when the form is reprinted.
8B-1
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M28-1, Pari IV April 16, 1992
Proof of Southwest Asia Service Medal (SWASM) Award
5. DoD instructions providing the eligibility requirements for the S W ASM award were not available to military departments until
after many reserve and guard personnel had been separated from active duty shortly after the end of Operation Desert Storm
hostilities. Accordingly, the certificates of release or discharge from active duty (Form DD 214) for those personnel do not reflect
the SWASM award even though they served in the theater of operations and are entitled to the medal.
The Department of the Army has established a demobilization task force at ARPERCEN . D ARP-PAX-SI . Federal Records Center.
9700 Page Blvd.. St. Louis, MO 63 132-5200. telephone 3 14-538-2486. to review and update reservists' records to show the award.
Reservists needing award documentation may be advised to contact the task force for further information. Responsibility for
amending guard records has been given to the guard agency in each State, which is under the supervision of the State adjutant
In light of these circumstances, agencies should accept any official SWASM award notification from a military department. State
guard agency, or other appropriate military authority, even though it is not a DD 214.
VRA Fiver
6. We have updated CE- 100. the VRA flyer (copy attached)*, to reflect changes in the VRA law and revisions to the list of local
OPM veterans representatives. Agencies should duplicate the flyer locally, as needed, to respond to applicant inquiries. Previous
editions are no longer valid; they should be destroyed.
180-Dav Wailing Period Suspended
7. The 1 80-day waiting period on Department of Defense (DoD) civilian employment of retired members of the armed forces,
required by 5 U.S.C. 3326. has been suspended until November 5, 1992, by Public Law 101-510, section 1206(f). DoD has notified
the service departments and Defense agencies.
Veterans Employment Data
8. To meet expanded reporting requirements, agencies have been asked to collect and submit new veterans data for the Central
Personnel Data File. For further information, please see FPM Letter 298-39 dated August 7. 1991.
Constance Berry Newman
Director
i thisflyrr. VR&C Divisions should t
184
April 16, 1992 v M28-1, Fart IV
CHAPTER 9. POSTEMPLOYMENT PHASE
PARAGRAPH PAGE
9.01 Purpose of Postcmployment Follow up 9-1
9.02 Followup and Services 9-1
a. Beginning Employment 9-1
b. Services 9-1
c. Followup Format 9-1
9.03 Rehabilitation 9-2
a. Goals Achieved .-. 9-2
b. Expected Progress to Rehabilitation 9-2
c. Employment Differs From Planned Goal 9-3
d. Veteran Not Rehabilitated to the Point of Employability 9-3
e. Veteran Received Only Employment Services 9-3
f. Documentation and Closure 9-3
g. Reentrance From Rehabilitated Status 9-4
h. Multiple Periods of Employment Services 9-4
FIGURE PAGE
9.01 Examples of Decisionmaking in Declaring a Veteran Rehabilitated 9-4
185
April 16, 1992 M28-l,P,riIV
CHAPTER 9. POSTEMPLOYMENT PHASE
9.01 PURPOSE OF POSTEMPLOYMENT FOLLOWUP
The goal of a vocational rehabilitation program is suitable, permanent employment for the disabled veteran. Postemployment
services seek to ensure that the veteran stays gainfully employed. Ideally, the vocational rehabilitation program envisions a process
in which a veteran progresses from the determination that the veteran has an employment handicap, then through training to
overcome the impairments to employability, and finally to reasonable adjustment to a permanent job that is suitable in terms of both
the veteran's disabilities and his or her vocational interests, aptitudes, and abilities. Thus, postemployment services are the final,
key step in rehabilitation.
9.02 FOLLOWUP AND SERVICES
a. Beginning Employment. Both chapters 1 and 3 of part III explain the importance of face-to-face contacts between case
managers and chapter 31 participants. A case manager should contact each veteran at least monthly throughout the period of
employment services, including the postemployment phase. If the veteran has secured a suitable job. the case manager will furnish
the necessary services to maintain the veteran in that job. This monthly contact should result in good lines of communication, not
only between the veteran and the case manager, but also between both of them and the new employer. On occasion, however, the
case manager may obtain information, such as the date of employment, through communication — written, telephonic, or personal —
with a third party. This third party may be an employer, a Disabled Veterans' Outreach Program specialist, or a school placement
specialist. The date of employment is the beginning date of the minimum 60-day postemployment followup period. The case
manager should use VA Form 28- 1 905d. Special Report of Training, to clearly document this date and the contact that was the source
of the date in the CER (Counseling/Evaluation/Rehabilitation) folder.
b. Services. The employment assistance and services which a case manager may authorize are described in chapter 5 above.
While the veteran is in Employment Services case status, VA may provide these services during the postemployment phase as well
as during the preemployment phase.
(1) Job Modification. Job modification may be as appropriate after employment as before. Some needed modifications or
accommodations may not become evident until after the veteran is on the job. The resources available to the case manager to assist
in modification are outlined in paragraph 4.08 above.
(2) Counseling. Counseling the veteran regarding adjustment to employment will often be essential to adequately improve the
veteran's ability to sustain gainful employment. With careful employment assistance planning, VR&C staff members may address
potential problems early. Nonetheless, the need for counseling may not become apparent until after the veteran begins working.
Although the veteran's new work environment is the focus of attention during this counseling, some of the key factors necessary
for satisfactory work adjustment are outside of the workplace:
(a) Transportation;
(b) Child and family care;
(c) Personal budgeting and financial management;
(d) Use of leisure time; and
(e) Marital and family relationships.
(3) VR&C Services as Placement Tool. VR&C services, including counseling itself, constitute a significant tool for direct
placement (see paragraph 4.03 above). Since these services assist the employer to obtain and maintain a productive work force,
they help sell the program to employers. Job placement tools — such as counseling for a new employee — are available to few
employers.
c. Follow up Format. The first months on a new job constitute the critical adjustment period during which a worker must
9-1
186
M28-1, Part IV April 16, 1992
become reasonably skilled in performing the assigned job tasks, leam how to relate to supervisors and coworkers, and gain
experience in the work environmenl. Therefore, the case manager cannot declare a client rehabilitated until at least 60 days of the
postemployment followup period have elapsed. During this period, the veteran must demonstrate that he or she is making a sound
adjustment to employment and does not require further assistance under chapter 31.
(1) Minimum Monthly Personal Contacts. At least monthly, the case manager must personally contact the veteran and
document the results of each contact in the CER folder on VA Form 28- 1905d. These followup sessions will focus on three key
questions:
(a) Is the job suitable in terms of the veteran's disabilities, training, abilities, and interests?
(b) Does the job offer the veteran a reasonable assurance of permanency?
(c) Is the veteran making a good adjustment to the work environment, including performance of job duties, relationship with
coworkers, and other factors which will determine his or her ability to continue in employment?
(2) Extended Followup. The completion of the minimum 60-day postemployment followup period does not automatically
indicate the veteran has satisfactorily adjusted in employment. Some veterans will need continued followup beyond this period.
When longer followup is necessary, the case manager will document this on VA Form 28- 1 905d in the CER folder and continue
to assist the veteran with needed services and counseling. The veteran may require services beyond those currently in the IEAP.
In this case, the case manager should work with the veteran to amend the IEAP and should be prepared to assist the veteran in
securing these newly identified services from available providers.
9.03 REHABILITATION
a. Goals Achieved. The case manager may declare a veteran rehabilitated only under the conditions in 38 CFR 2 1 . 196. This
declaration must take into account the purpose of Rehabilitated case status. Rehabilitated case status indicates that the goals of a
rehabilitation program or a program of employment services have been substantially achieved. Therefore, the case manager cannot
declare a veteran rehabilitated until the veteran has substantially achieved the goals of a program. For example, a veteran embarks
on a program of rehabilitation by entering an associate degree program in business, but drops out soon after entering. Approximately
1 8 months later, the veteran responds to an outreach lener and submits information that she is employed by the U.S. Postal Service.
The case manager cannot declare this veteran rehabilitated because the veteran has not substantially achieved the goals of the
rehabilitation program.
b. Expected Progress to Rehabilitation. In 38 CFR 2 1 . 1 94(d)( 1 )— which prescribes the conditions under which a case may
be transferred from Employment Services case status — and in 21.196(b)(l)(i) and (ii), there is an expected sequence of actions
which follows completion of education and training under an IWRP and which leads to the declaration of rehabilitation. First, the
case manager determines that the veteran has been rehabilitated to the point of employability under 38 CFR 21.190(d). Second,
the veteran will receive the services needed to assist in an active search for employment. Third, the veteran will gain employment
in either the same occupation which the IEAP specifies or in a closely related occupation. At this point, the case manager will
ascertain that wages and benefits in the job are commensurate with those received by other workers in the occupation. Fourth,
following the mandatory minimum 60-day followup phase, the case — manager will determine whether the job is, indeed, suitable
and whether the veteran is well adjusted to the job. The case manager must also determine whether the employment meets the criteria
for permanency in subparagraphs (I) and (2) below.
(1) Permanency. A permanent job is one in which the veteran can expect to maintain employment as long as his or her
performance is satisfactory and the hiring organization continues as a viable enterprise. A case manager may not declare a veteran
rehabilitated in a job which is temporary in nature, such as a time-limited appointment. On the other hand, the case manager will
consider as permanent anv employment which is seasonal — such as construction work — if this is the occupational pattern.
(2) Determining Permanency. In determining permanency, the case manager should consider not only the nature of the
appointment and the characteristics of the job (Is it a probationary appointment? Is the employer experiencing financial
difficulties?), but also the veteran's performance and adjustment (Does the veteran find the job too difficult in spite of training? Are
external factors, such as transportation or marital difficulties, negatively affecting performance? Does the job aggravate the
187
April 16. 1992
veteran's disabilities?). Specifically, when a veteran is in a temporary employment situation, such as the Federal Civil Service's
Veterans Readjustment Appointment or a similar program, the appointment must be converted to permanent status and the veteran
must maintain this permanent status for at least 60 days before the case manager can declare the veteran rehabilitated.
c. Employment Differs From Planned Goal. If a veteran who is rehabilitated to the point of employability is not employed
in exactly the same occupation for which he or she was trained, the case manager must determine whether the actual job is closely
related to the occupational goal.
(1) Determinations of Close Relationship Between Jobs. To determine that occupations are closely related, both the
substantive content of training and the depth of training are critical issues. As an example, the subject matter of training required
to prepare for a job as an aeronautical engineer is similar to that required for an aircraft mechanic. The depth of training required
for the two jobs is, however, vastly different. An occupation which is closely related to the veteran's vocational goal should make
significant use of the training which the veteran has received, both in terms of the come m of the training and the depth of the training.
Generally accepted sources of occupational information offer substantial assistance in making this decision. For example, the
Occupational Outlook Handbook, described in subparagraph (2) below, can be particularly helpful.
(2) Occupational Outlook Handbook. The Occupational Outlook Handbook contains useful information on the nature of the
work, working conditions, training, other qualifications, and advancement The case manager must consider all these factors in
determining whether a veteran's job is "closely related" to the occupational objective. The handbook also provides a paragraph
on related occupations. This entry requires judicious use. Simply because an occupation appears under "Related Occupations" does
not mean that it is closely related in the sense which chapter 3 1 requires. For example, the "Related Occupations" entry for drafters
states: "Other workers who are required to prepare or understand detailed drawings, make accurate and precise calculations and
measurements, and use various measuring devices include architects, engineering technicians, engineers, landscape architects,
photogrammetrists and surveyors." On the basis of this handbook paragraph alone, the case manager should not consider the
physically demanding occupation of surveyor closely related to the sedentary job of drafter in the context of the V a Vocational
Rehabilitation program. The case manager must keep in mind that for a determination of rehabilitation, a veteran must be employed
in a job which is suitable in terms of the individual's unique background, including disabilities. The occupation of "Law Clerk"
may be perfectly suitable for one veteran trained as a lawyer, but totally unsuitable for another veteran with similar training. The
case manager must consider interests, aptitudes, abilities (physical and mental), and a number of other factors.
d. Veteran Not Rehabilitated to the Point of Employability. The veteran may gain suitable employment and the case
manager may be able to declare the veteran rehabilitated in spite of failure to achieve rehabilitation to the point of employability.
In this case, for a case manager to determine the veteran rehabil itated under 38 CFR 2 1 . 1 96(b)(2), the veteran must have substantially
achieved the goals of his or her rehabilitation program and must meet one of the following criteria:
( 1 ) He or she must be employed and adjusted in the occupational objective established in the IWRP for 60 days, with wages
and benefits commensurate with the wages and benefits received by other workers in the same occupation; or
(2) He or she must be employed in and adjusted to a job for 60 days in an occupation other than the one which the IWRP
prescribed. In addition to being compatible with the limiting effects of the veteran's disabilities and otherwise consistent with the
veteran's abilities and interests, this job must offer wages and benefits commensurate with the wages and benefits in the occupation
for which the veteran trained.
e. Veteran Received Only Employment Services. A veteran who entered into a plan of employment services as the whole
plan of rehabilitation services, but who failed to complete the terms of the IEAP may still achieve rehabilitation under the same
criteria as a veteran who failed to complete the planned program while in Rehabilitation to the Point of Employability case status
(see subpar. d( I ) and (2) above). In this instance, the case manager will cite 2 1 CFR 2 1 . I96(b)(3)(i) or (ii) in the rehabilitation
declaration.
f. Documentation and Closure
( I ) Interruption and Discontinuance. A case manager may assign a veteran in Employment Services case status to Interrupted
status under 38 CFR 2 1 . 1 97. If the veteran is subsequently unwilling or unable to continue pursuit of IEAP goals, the case manager
must begin action to discontinue the veteran's program participation. The case manager will advise the veteran in writing of this
188
M28-1, Part IV April 16, 1992
adverse action and offer the veteran the opportunity to exercise appellate rights and procedures. If the veteran does not appeal the
decision within 30 days of the date of notification, or if the appeal process has been completed with nochange in the original negative
determination, the case manager will place the veteran in Discontinued case status. The case manager will thoroughly document
in the CER folder all activity to interrupt and to discontinue the veteran's case.
(2) Rehabilitation. When a case manager declares a veteran rehabilitated, the case manager must document this finding under
item 12 of VA Form 28-8872, Rehabilitation Plan. The case manager will cite the applicable paragraph in 38 CFR 21.196 under
which the case manager declared the veteran rehabilitated. In addition, the case manager will complete a VA Form 28-1905d
summarizing the case and the grounds for the rehabilitation declaration. (See pan II, paragraph 2. 17 for more information.) If a
judgment as to suitability is involved, the case manager will include in the closure statement an explanation of the decision in terms
of wages, benefits, and the veteran's abilities, limitations, and interests. If a veteran intends to maintain current employment which
the case manager considers to be unsuitable, the case manager cannot place the veteran in Rehabilitated status.
g. Reentrance From Rehabilitated Status. Under 38 CFR 21.284, a veteran may reenter the chapter 31 program into
Rehabilitation to the Point of Employability case status after having been declared rehabilitated if the veteran still meets the
compensable service-connected disability requirement and either
( 1 ) His or her service-connected disability has worsened to the point at which it precludes work in the occupation for which he
or she was trained, or
(2) The occupation for which he or she was found rehabilitated is now unsuitable.
h. Multiple Periods of Employment Services. A veteran who has completed or participated for 90 days or more in either the
VA Vocational Rehabilitation Program or a vocational rehabilitation program under the Rehabilitation Act of 1973 may be eligible
for employment assistance even if the veteran previously received employment services. (See ch. 2 for eligibility criteria for
employment services.)
The following two case histories present examples of the decisionmaking process for rehabilitation declarations.
JOB THE SAME AS VOCATIONAL GOAL
FACTS
A 38-year-old veteran has service-connected disabilities rated at 40 percent. The veteran's disabilities, ulnar nerve damage to
left elbow and partial paralysis of the arm, resulted from gunshot wounds suffered in combat. The veteran served in the U.S. Army
as a medic. The veteran first applied for vocational rehabilitation under Chapter 31 in 1969, soon after his discharge from active
duty. Following several surgical operations and long periods of time in the hospital, the veteran entered training. Although he held
a GED, his rehabilitation program placed him in an "accelerated high school" course intended to result in a high school diploma.
The veteran eventually dropped out of the program and by 1972 a case manager placed the veteran in Discontinued status. In 1976
the veteran reentered the program and received counseling. In the meantime, he had worked in a refinery, but quit because the work
aggravated his disability. Counseling in 1 976 resulted in assigning the veteran to investigate on-job training opportunities. Contact
with the veteran was lost once again. In 1986, the veteran applied a third time. Counseling revealed that since leaving the refinery
the veteran had never held the same job for over 3 months and never earned more than $6.00 per hour working as a construction
laborer. In spite of doubts regarding compatibility with the veteran's disability, the counselor suggested an unpaid work experience
as a food service worker at a local VAMC. A CP (counseling psychologist), a VRS, and the veteran executed an IWRP with this
goal. The veteran performed satisfactorily in the unpaid work experience for approximately 4 months and was hired as a food service
worker making $600 per^nonth. Two months later, the case manager declared the veteran rehabilitated.
DECISION MAKING'
I. Did the veteran achieve the goals of a rehabilitation program?
Yes. The IWRP set forth the goal of gaining experience and employment as a food service worker. The veteran achieved this
goal.
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April 16, 1992 v M*i, i^rt IV
This case simplifies decision making at this point because there is little to analyze with regard to training goals and other goals,
such as medical treatment or behavioral counseling. Given the nature of the program, rehabilitation to the point of employability —
the transition between training and employment services — never became an issue. In most cases, the case manager would have to
analyze these factors to determine whether the veteran had substantially achieved the goals of the program. For a veteran who did
not complete the training planned in the IWRP, and thus never achieved rehabilitation to the point of employability, the veteran'i
wages become a crucial issue.
• If employed in the job in the IWRP, the veteran must be earning the same wages paid to others in that job. For example, a
veteran leaves a heavy equipment operators training program prior to graduation and takes a job operating a backhoe for a
farmer insulting an irrigation project. The veteran earns $6 per hour, but the average graduate of the school he left earns $12
per hour. This indicates that the veteran failed to substantially achieve the goals of his program; therefore, the case manager
could not declare the veteran rehabilitated.
• If the veteran fails to achieve rehabilitation to employability and gains employment in a job different from the one in the IWRP,
the case manager must analyze the job's suitability and document the analysis. The analysis must show that earnings are
commensurate with those paid to individuals in the job for which the veteran was training. For example, a veteran enrolled
in a heavy equipment operator school leaves before graduation and secures employment as a mechanic at a heavy equipment
dealership earning $14 per hour. Postemployment followup with the veteran determines that the job is suitable in terms of
the veteran's abilities and interests and the work does not aggravate his or her disability. Since wages are commensurate, the
case manager can declare the veteran rehabilitated.
II. Has the veteran been employed at least 60 days?
Yes. Documentation of face-to-face contact with the veteran established the beginning date of employment. The rehabilitation
declaration in item 1 1 of the IWRP was dated 60 days later. Documentation of another face-to-face contact supported this decision.
Was the veteran's job the same as the job specified as the goal on the planning document (in this case, an
IWRP)?
Yes. Nonetheless, postemployment followup must confirm that the job is suitable — both in terms of the veteran's interests,
abilities, and aptitudes and his disabilities — and that the job is permanent. Further, postemployment followup must confirm that
the veteran is well-adjusted in the job. In this case, postemployment followup appeared to confirm these three relevant points. The
suitability of the job is still a question, particularly in light of the counselor's questions as to whether the work would be compatible
with the veteran's disabilities. A longer postemployment followup period would have been justified and, if all went well, the basis
for the rehabilitation declaration would have been strengthened. Permanence also remains an issue because the veteran's pay is
low. It is easy to foresee a situation in which the veteran quits work at the VAMC to take a better-paying job as a laborer, knowing
full well that he will not be able to sustain that employment. Thus, the veteran may apply once again to VR&C presenting virtually
the very same circumstances he presented when he applied in 1 986. These two factors — questionable suitability and permanence —
weaken the rehabilitation declaration, but do not invalidate it. Is the veteran well-adjusted? The file contains nothing to indicate
that he is not well-adjusted: however, a description of his financial situation would have improved the documentation to support
the declaration.
JOB NOT THE SAME AS GOAL
A male, 50- year-old, retired NCO (noncommissioned officer) with 26 years military service has a service-connected stomach
ailment which is rated as 30 percent disabling. His disability prevents him from doing the work he was trained to do in the service.
He applied to the VR&C Division for participation in vocational rehabilitation in 1983. A CP counseled him and worked with him
and a VRS to execute an IWRP. This IWRP had the objective of cost accountant (DOT 160.167-018). While attending college,
the veteran secured apart-time job in the commissary at a nearby air base. As graduation approached, the veteran secured a full-
time job as a foreman in the base supply operation, but continued with his education and graduated in early 1987.
Well-documented postemployment followup for approximately 4 months reveals that the veteran is earning wages commensu-
rate with those paid to cost accountants. The work does not aggravate his disability and seems suitable in terms of his interests.
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M28-1, Part IV April 16. 1992
aptitudes and abilities. The veteran 's appointment is permanent and. thus, the employment seems stable. The case manager declared
the veteran rehabilitated in mid- 1987.
The veteran has completed the goals of his rehabilitation program and has been employed for over 60 days. Documentation
indicates the work is suitable (in terms of interests, aptitudes, and abilities), does not aggravate his disabilities, and offers
II. Was the job closely related?
Pay is commensurate with that in his original objective. Working conditions are similar and do not aggravate his disabilities.
Chances for advancement are also similar. Documented postemployment fol low up — including analysis of the position description
as warehouse foreman — indicates that a bachelor's degree, while not a prerequisite for the job, was highly desirable and the duties
of the job include substantial recordkeeping.
With well-documented postemployment followup specifically addressing all the relevant issues, it is clear that this job is closely
related. Therefore, the rehabilitation declaration is correct.
Figure 9.01. Examples of Decisionmaking in
Declaring a Veteran Rehabilitated
191
Recommendations from the VR&C Field Advisory
Committee and VR&C Officers
1991-1993
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Administrative
Revise QRS - Local and Central Office.
Educate Director's Office regarding VR&C
Revise productivity system.
Eliminate productivity.
Improve VR&Cs position in the power hierarchy.
Need Administrative Assistant position for award processing.
Eliminate WIPP.
Cross link C&P master records with VR&C master records for dependency information.
More computer hardware.
Revise motivational follow-up procedures.
Adequate travel funds.
Update entitlement screens.
VR&C make entitlement determinations.
Eliminate R&E folders.
Private offices for VRS.
Cross reference regulations, manuals, circulars - WANG.
Revise the VR&C survey format .
Create a 1-800 fax number in VR&C.
Cross-match-check IRS or SS to determine receipt of other benefits..
Create a clearing-house for local initiatives
Improved communications from VR&C Service (hot lines, newsletters, etc.).
193
Revise work measurement system.
VR&C should complete the 1900 eligibility processing rather than
Adjudication.
VR&C should stay out of adjudication activities and stick to rehab.
Eliminate the second no show letter from missed appointments.
Eliminate the VR&C officer required review of discontinued cases rated
50 percent or more.
Eliminate final discontinuance notice.
VR&C stations are in need of more ADP equipment and this includes not
only Wang equipment but also PC laptops, scanners, testing equipment and
printers.
Manuals and regulations should be maintained on a Wang data base for easy
access and to ensure currency.
We need to simplify contract/purchasing procedures & use fee schedules
whenever possible. We need additional training in contracting/purchasing.
We need to provide opportunities to train with VHA contract specialists
and supply personnel.
Prior Chapter 31 usage should again be shown on the GED eligibility
screen.
Simplify contracting procedures.
Simplify and automate documentation, narratives, etc.
Simplify Quality Review System.
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Counseling/Evaluation
Eliminate face to face evaluation requirements for ch 15.
Review counseling timeliness - VR&C.
Revise IWRP.
Provide guidance regarding Social Security recipients.
Reassess the state/federal rehab model to see if there is a better model.
Eliminate age discrimination.
Provide subsistence for vets in employment services status.
Better services from VHA (glasses, fee-based services,etc).
Travel pay should be provided for Chapter 31 veterans without serious
employment handicaps for needed travel across state lines to secure jobs
or to complete job interviews.
The initial evaluation procedures should be reviewed with the goal of
decreasing length of dictation and focusing on the development of the
rehabilitation plan.
A better orientation should be offered to veterans at the beginning of
the Chapter 3 1 process to provide a clear understanding of the purpose
of the vocational rehabilitation program.
Employment incentive programs should be expanded and the instructions
simplified to encourage the use of this good program.
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Rehabilitation Services
We need to implement on-line access to job service job bank computers in
all states.
Employment incentive programs should be expanded and the instructions
simplified to encourage the use of this good program.
Provision should be made for courtesy supervisions across state lines
similar to the provisions for courtesy counseling services.
Contracting and purchasing procedures need simplifying.
On-the-Job Training incentives to employers.
Protection of compensation for psychiatric cases.
Improve Placement Services.
Work rate standard for employment services is seen to be
very low when one considers the complexity of the job.
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Training and Staff Development
Create a training guide for CFs and VRS'S.
Create a VRS Training Academy.
Require semi-annual Training for outbased staff.
Give us training on ADP.
Let VRCOs see other regional offices.
Levels of clerical support need to be improved and this should include
developing a centralized position description for a VR&C program clerk or
psychology technician or office technician or psychology assistant that would
allow for grade progression beyond GS-5 level.
Comprehensive VR&C Training:
Continued professional training.
VR&C Officer training.
Training needed for Counseling Psychologist, Vocational
Rehabilitation Specialist staff.
197
Staffing/Personnel
Psy. Aide/Technician - All Stations.
Blind Rehab Specialist - All Stations.
Classification consistency for clerical support.
Create a position for a development check.
Create standardized CP and VRS performance standards.
Adequate staff.
Eliminate performance standards.
Time and staff needed to develop contacts, unpaid work experiences
with Federal agencies.
More time needed to develop VR&C staff locally using community and VA
resources.
Review staffing needs. Small stations are in need of more support staff.
Large stations need Assistant VR&C Officers.
Other
Need for research and evaluation of VA Vocational Rehabilitation efforts
with the chronically mentally ill.
Did VAMC's get the word on DTAP? Need better coordination
with some VAMC'S.
199
DEPARTMENT OF VETERANS AFFAIRS
Regional Office
450 Main Street
Hartford CT 06103
January 5, 1993
In Reply Refer To: 303/29
Dr. Dennis R. Wyant, Director
Vocational Rehabilitation Service (26)
Department of Veterans Affairs
810 Vermont Avenue, N.W.
Washington, D.C. 20420
SUBJ: VR&C Advisory Committee Report
1. I am enclosing a report of the VR&C Advisory Committee for your review.
2 . The committee plans to obtain feedback from the field on each of the
recommendations. This will allow us an opportunity to revisit each of the
recommendations at the Tampa Conference and possibly form working
sub- committees to develop them futher.
3. Your comments and suggestions will be appreciated.
Enclosure
28/005 7110H JM:jm
200
VR&C ADVISORY COMMITTEE REPORT
Gerald C. Braun, Western Area
Kenneth A. Frick, Southern Area
John P. Hackett, Central Area
James C. Malley, Eastern Area, Chairman
December 1992
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VR&C Advisory Committee
VR&C Advisory Committee
Recommendations for Future Policy Directions
Executive Summary
The following report summarizes the continuing work of the VR&C Advisory
Committee. We wish to acknowledge the contributions of Gary Pirkle, VR&C Officer,
Waco VARO, the Committee's original Chairman, and Scott Nielson, VR&C Officer,
Phoenix VARO, who represented the Western Area. Although committee membership
has changed, current members unanimously consented to carry forth the major
recommendations for future policy direction developed by the first committee. Therefore,
they are included in this report. Indeed, the thematic concerns have remained constant
from committee to committee. They center around the following two questions:
1 . How can the VA Vocational Rehabilitation program meet the demands
of a continually increasing caseload and still meet the rehabilitation needs of each
eligible veteran?
2. How can the program increase and improve rehabilitation outcomes?
Burgeoning caseloads combined with limited resources create problems in both
the quality and timeliness of service. The result is often unhappy consumers, burned out
employees, and critical reviews by external auditors. Although well intentioned and
necessary programs, the DTAP, Chapter 36, and reintroduction of 10% disabled
veterans into the program, all place new demands on an already overstressed system.
VR&C Advisory Committee
In today's economic climate it is no longer enough to justify our program in terms
of the moral obligation that our nation has to serve its disabled veterans. We have to
convince the skeptics that rehabilitation represents the very best kind of investment in
human development, an investment that pays off in economic and human resource
dividends to our society. To do this, we may have to market our program differently. For
example, the recent General Accounting Report made an implicit assumption that
vocational rehabilitation is somehow either training or job placement. This kind of all or
nothing thinking is defeating to the program. Indeed, the language of PL 96-466, which
followed in the wake of the Rehabilitation Act of 1973, was intended to broaden, not limit,
the scope of rehabilitation services to disabled veterans.
With this in mind, and after carefully reviewing feedback from VR&C field offices,
the Committee made the following ten major recommendations for future policy
direction:
1. Create a new program focus.
2. Adopt a continuous needs assessment model of case management.
3. Create a marketing strategy consistent with new program focus.
4. Reconceptualize the Case Manager concept.
5. Emphasize the brokering of services.
6. Develop strategies to deal with caseloads demands.
7. Eliminate the concept of entitlement.
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VR&C Advisory Committee
8. Broaden the definition of rehabilitation outcomes and develop
procedures for implementation.
9. Expand employment placement resources.
10. Develop marketing and networking initiatives with private industry
for purposes of job development.
Each recommendation is discussed in more detail in the pages that follow. Some
recommendations are already in the process of being implemented. Most of them,
however, will require further study and development. To accomplish this the Committee
hopes to draw upon the talent in the field, to obtain consensus, and to form working task
groups to develop implementing procedures.
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VR&C Advisory Committee
RECOMMENDATIONS
RECOMMENDATION 1. Create a new program focus.
DISCUSSION
One consultant to the VR program said that we were looking at the world through the
wrong end of the binoculars. By this he meant that we are defining rehabilitation much
too narrowly in terms of veterans achieving suitable employment. Early in the process we
select a DOT vocational goal and then hope the veteran achieves it. This is something
akin to the humming bird flying to the distant planet Mars with the Washington Monument
tied to its tail. This is out of sync with state of the art rehabilitation and not in keeping with
the intent of Congress which emphasized the need to foster broader independent living
goals. While suitable employment is clearly one important rehabilitation goal, there are
many others. The current narrow focus on getting veterans jobs builds into our program
an "all or nothing" thinking that sets us up for failure. The overemphasis on suitable
employment as the sine qua non of rehabilitation is reflected in our work. We are strong
in the vocational aspects of counseling, but weak on assessing the broad range of needs
that each individual brings to the counseling situation. In keeping with this new focus, we
believe that the Vocational Rehabilitation Service should be renamed the Rehabilitation
Service. This would be more in keeping with the vision contained in PL96-466.
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VR&C Advisory Committee
RECOMMENDATION 2. Adopt a continuous needs assessment model of case
DISCUSSION
Although the "initial assessment" model currently used in VR&C results in comprehensive
initial assessment, too much emphasis is placed on assessment as a one time event, and
too much attention is directed to the "ultimate vocational goal. " On the other hand, too
little attention is given to "short term goals" and immediate needs that will have a greater
influence on the client's circumstances. These immediate needs and short term goals
are also those things which the case manager has the greatest opportunity to influence.
Needs assessment emphasizes planning to achieve short term objectives by using the
TQM "plan, do check, act" model. The major themes in needs assessment are:
a. Needs assessment is holistic and includes:
(1) Independent living needs
(2) Medical needs
(3) Financial needs
(4) Personal adjustment needs
(5) Remedial needs
(6) Training needs
(7) Career development needs
(8) Job placement needs.
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VR&C Advisory Committee
b. Need assessment is dynamic and ongoing.
(1) Needs change with the veteran's changing circumstances.
(2) Needs must be continually assessed.
(3) Continuous assessment means
(a) review plan
(b) identify current needs
(c) secure services
(d) evaluate results
(e) modify plan
c. Needs are assessed in the framework of program components:
(1) Initial assessment
(2) Improving rehabilitation potential
(3) Independent living
(4) Training
(5) Preparation for employment
d. Needs assessment improves opportunities for quality service while
permitting flexibility.
e. Needs assessment prioritizes veterans' needs and actively involves
veteran in the rehabilitation process.
f. Needs assessment emphasizes:
' (1) Synthesis of information
(2) Planning
(3) Service Delivery
(4) Feedback
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VR&C Advisory Committee
g. Given the purposes of vocational rehabilitation stated in
38 CFR 2 1 . 1 1 , the assessment model allows for focus on the various
components of rehabilitation. .
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VR&C Advisory Committee
RECOMMENDATION 3. Create a marketing strategy consistent with new program
focus.
DISCUSSION
In VR&C Advisory Committee Recommendations, Part I, we recommended the creation
of a new program focus. We are not just a training program, any more than we are just a
jobs program. Rather we provide a host of rehabilitation services designed to meet a
wide array of rehabilitation needs, with the ultimate goal of assisting veterans to achieve
maximum independence in daily living and suitable employment. The manner in which
we describe our program creates a set of expectations within the veterans population
that we serve. For decades we have marketed our program as essentially a "training"
program - something like the regular GI Educational Assistance programs, only better.
We emphasize the fact that we pay tuition, books and fees and the fact that veterans "get
up to 48 months of training. " This message is embedded in our pamphlets, in our intake
and orientation meetings, even in the recent DTAPs video presentation. Its not
surprising then - when we analyzed 1 14 VA Form 1900 applications from the four
Advisory Committee member stations, that 78 (70%) said they wanted to go to college or
vocational school. In the sample of 1 14 applications only 4 veterans indicated that all they
wanted was help in getting a job or an apprenticeship program. A new marketing
strategy would downplay the "benefits" side of our program; it would downplay tuition,
books, and fees, subsistence allowance, and 48 months of training, and emphasize the
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VR&C Advisory Committee
ideas that we conduct a thorough rehabilitation needs assessment and then develop a
program of services designed to assist the veteran become suitably employed and/or
more independent in their daily living. Only after a veteran has undergone the
rehabilitation assessment would it be appropriate to discuss which of the broad range of
services would be appropriate. We recommend using professional marketing
consultants to assist with this process, preferably consultants that have already had
some success in marketing rehabilitation programs.
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VR&C Advisory Committee
RECOMMENDATION 4. Reconceptualize the Case Manager Concept
DISCUSSION
Change the current Counseling Psychologist/Vocational Rehabilitation model to a more
generic Rehabilitation Counselor position. Rehabilitation Counselors would be
generalists who would work with veterans from the beginning to the end of the
rehabilitation process. They would make entitlement decisions, conduct initial needs
assessment and then arrange for necessary services through contracts, fee for service,
VA Medical Centers or any other source. With the increased pressure of heavy
caseloads, new programs, and need to achieve results, we need to have a core of
rehabilitation experts that refer to outside specialists to do direct service delivery.
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VR&C Advisory Committee
RECOMMENDATION S. Develop a new Case Manager model that emphasizes the
brokering of services.
DISCUSSION
Our mission is to provide the goods and services veterans need to reach their
rehabilitation goals. To ensure quality we must give case managers the tools they need
to contract for needed services. Under our current system, case managers are required
to complete a comprehensive evaluation and provide most of the other services the
veteran needs. They are like a one-person band trying to be all things to all clients. We
cannot expect them to be an expert in all areas of rehabilitation nor can we expect them
to have the time to provide all of the services each veteran needs. Our case managers
should be more like the conductor of the symphony. Their job should be to locate and
bring together all of the resources needed to accomplish successful rehabilitation.
Rather than provide direct service, they need to broker services through the use of
contracts. Contracting procedures should be simplified and streamlined. Case
managers will use this tool if we automate and simplify the process. The goal of the
Contracting Task Force should be to define and simplify this process. Contract forms
should be short and easy to use. We should purchase on a fee-for-services basis to the
maximum extent possible. Case Managers should be able to contract for any
rehabilitation' service that the veteran needs. These include but are not limited to:
psychosocial history, functional capacity evaluation , transferable skills
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VR&C Advisory Committee
evaluation, testing, medical services (not available in VHA), financial planning, personal
adjustment counseling, training and employment services.
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VR&C Advisory Committee
RECOMMENDATION 6. Develop strategies to deal with caseload demands.
DISCUSSION
As stated above, burgeoning caseloads combined with limited resources creates
problems in quality and timeliness of service. Well intentioned and necessary programs
such as DTAP, Chapter 36 requested counseling, and the renewed eligibility of veterans
with a 10% SCD who need to be assessed for SEH placed demands on an already
overstressed system. Consequently, we need to move from a system of rigid rules and
regulations to a program that is more flexible. We recommend developing strategies to
deal with these current and anticipated caseload demands which eliminate unnecessary
management layers and empower front line workers with more responsibility. We
encourage the continuation of efforts to eliminate forms, rules, regulations and
procedures that do not contribute substantively to the rehabilitation process. Specifically,
we recommend the following actions be taken:
A. Eliminate duplication in voucher audit by designating authorization and payment
functions to voucher audit clerk in Finance Section.
B. Revise the motivation/outreach activities to allow for the local VR&C Officer to
exercise judgment and which veterans will be targeted for motivation/outreach and which
veterans who will be targeted for follow up after missing appointments.
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VR&C Advisory Committee
C. Eliminate the requirement for minimum frequency of supervision. Replace with
suggested guidelines.
D. Consider establishing VR&C help teams to assist stations with unmanageable
caseloads (week at a time).
E. Eliminate the requirement for annual review. Under the needs assessment model
and, indeed, even in current practice the rehabilitation program is being reviewed
continuously.
F. Let VRS use a 1905D needs assessment checklist form.
G. Give option to VR&C to update eligibility screens when an extension of entitlement is
needed.
H. Establish a task force/sub-committee to review and eliminate unnecessary reports.
I. Develop as screening letter to send to veterans and dependents under Chapter 30, 32,
35, 107 who have requested counseling. The letter should be easily automated and
should require the claimant to call VR&C within a specified time in order to confirm that
the request for counseling is sincere.
J. Simplify and improve QRS.
K. Continue efforts to streamline contracting services in order that brokering of services
can be readily accomplished. Reemphasize brokering of services for chapter 31
evaluations, rehab planning, certain case management services as well as employment
services.
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VR&C Advisory Committee
L. Provide option to send screening letter to 20% veterans who are
beyond basic termination date.
M. Develop a strategy for dealing with the number of veterans with 10% SCD's who will
be applying for services after 10-1-93. The old pronounced employment handicap
procedures might be explored or allowing contractors to offer a "recommendation"
regarding SEH. If the contractors recommendation is negative, the VR&C Officer should
be given the option to deny the claim without the veteran being seen by a CP.
N. Establish manual standards for CP and VRS caseload size.
O. For any veteran who fails to report for counseling (Chapter 31 included), allow for
CER designation to be taken out of BIRLS and for the CER to be destroyed.
P. Allow for the case management to be done via telephone, letter, mail in of
questionnaires of Job Seeking efforts, e.g. work sheets, etc.
Q. Automate communication with VAMC through AMJE system .
R Designate specific computer equipment designated solely for employment assistance,
software could include job lead networks.
S. Make use of which case control system is used optional. Some offices may prefer
719/WIPP control system, while other offices may prefer use of 6013 or ad hoc reports.
T. Revise and clarify manual criteria as to when personal computers can be purchased
without prior CO approval.
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VR&C Advisory Committee
RECOMMENDATION 7. Eliminate the concept of entitlement
DISCUSSION
As long as a veteran has basic eligibility for vocational rehabilitation, service delivery
should be predicated on the basis of identified rehabilitation needs. The concept of
entitlement is artificial and arbitrary and stems from vocational rehabilitation's historical
connection to the GI Educational Assistance program. Vocational rehabilitation
programs outside of VA do not charge months of entitlement, but rather focus on trying
to meet rehabilitation needs.
Until this recommendation can be legislatively changed, the Committee
recommends that, when possible, entitlement decisions be made as early on in the
counseling as possible. Chapter 2 of our manual states that the entitlement decision is
the single most important decision a Counseling Psychologist makes. The Committee
disagrees with this assertion. While determining entitlement is important, assessing
rehabilitation needs within the context of a counseling relationship, and then responding
to those needs is, in reality, the most important thing we do. We believe that the
entitlement decision can and should be made as early in the process as possible. In
many circumstances entitlement or nonentitlement is clear and can be determined
without the need for a complete psychosocial evaluation. We believe, especially in the
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VR&C Advisory Committee
case of a negative determination, most veterans prefer knowing where they stand early
on in the process. While all veterans should be offered the opportunity for a complete
evaluation, they should be offered accurate information about their options, including the
option not to undergo a complete evaluation, especially if they know they will not be able
to have any services underwritten by the VA. In such instances, the evaluating Case
Manager should not need to dictate the complete captioned report as is the present
case. All decisions affecting the veteran, including that of entitlement, should be
conveyed as soon as possible with an explanation supporting the decision. Each veteran
should know what formal determinations have been made, know what his/her
alternatives are and sufficient information to determine a course of action.
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VR&C Advisory Committee
RECOMMENDATION 8. Broaden the definition of rehabilitation outcomes and develop
procedures for implementation.
DISCUSSION
It is the consensus of this committee that a new focus is needed in regards to meeting
the mission of the Vocational Rehabilitation Program. Specifically, we must refocus on
our assessment techniques in addition to effectuating regulatory changes to better
measure successful rehabilitation outcomes. Many veterans who have been and are
being classified as "discontinuedn (rehab failure) are, in fact, enjoying a very successful
life-style because of their involvement with the VA rehabilitation program. As indicated in
the prior VR&C Advisory Committee Report, one consultant to the VR&C Program said
"we are looking at the world through the wrong end of the binoculars. " The implication of
this statement is that we have the tendency toward defining a declaration of rehabilitation
much too narrowly. In such instances, it is felt that the delivery of other essential
rehabilitation support services may go virtually unnoticed without the veteran having
successfully completed the specific DOT employment objective. It is felt that in many
instances, it is unnecessary to identify a specific DOT. The rationale for this is to reduce
the general feeling that we are caught up in a dichotomy of providing either training or
employment as the sole measure of a successful rehabilitation
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VR&C Advisory Committee
(An exception to this, perhaps, are those veterans who may be involved exclusively in a
program of independent living services). To a significant degree, we are led to think this
way when applying the existing definition of rehabilitation contained in Title 38. While this
definition over a period of time has gotten VR&C practitioners focused on employment, it
has also created a rather myopic accountability system for measuring successfully
rehabilitated cases. Hence, we feel that a broader definition implying a more holistic
approach is now required. A greater focus on needs assessment must be emphasized
as a continuous on going process. The need for rehabilitation is evolutionary and
dynamic. Consequently, focus must be shifted more towards short term goals identified
through the needs assessment and included in the Individualized Rehabilitation Plan. The
plan needs to be more generic in nature to include the employment assistance phase
without designation of a specific 9 digit DOT code. A declaration of rehabilitation can
then be made when it has been confirmed that the criteria for our existing regulations
have been bet; however, it is felt that the definition of rehabilitation should be expanded.
For example, good counseling practice recognizes the real life possibility that a veteran
may find it necessary to accept work that is not totally suitable. When the veteran
accepts employment which fails to meet one or more of the criteria for suitability, the
option of closing the case as successfully rehabilitated should remain when it can be
justified in the following manner
a. Explanation has been given to the veteran concerning the unsuitable aspects of the
job;
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VR&C Advisory Committee
b. The veteran has made the job choice in light of all the facts; and
c. The veteran has been informed, in the event the job does not prove suitable or the
need arises for further services, that he/she may reapply -apply for vocational
rehabilitation services.
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VR&C Advisory Committee
RECOMMENDATION 9. Expand employment placement resources.
DISCUSSION
VR&C excels in meeting the education needs of our disabled veterans. This success is
directly attributable to the extensive resources available to veterans pursuing educational
objectives. These include the institutional resources of training facilities, the subsistence
allowance, other VA benefits and a comprehensive agency administrative support system
that allows delivery of these benefits without placing major time demands on VR&C staff.
To achieve increased effectiveness in employment assistance we need to build a similar
structure of benefits and support. Specifically the committee recommends that we
address the needs of employers, veterans and the agency.
A. Employer needs: We must recognize that we are in competition with other agencies
that are promoting employment of groups with special needs. JTPA, certain public
assistance, workers compensation and state vocational rehabilitation programs all have
programs of employer incentives. The committee recommends that:
(1.) The employer incentive program be simplified and made available to all
veterans in either rehabilitation to employability or employment services and that
the program simply allow for 50% reimbursement of veteran wages for up to 9
months. Eliminate the present variable formula and eliminate the manual
requirement that the veteran have received en employment assistance allowance
or lump sum payment. Allow for employer incentive payments for vets in state
and local government.
22
71-902 0-93
222
VR&C Advisory Committee
(2.) Allow for work experience programs in the private sector.
B. Veteran Needs: To meet veteran needs, more resources must be made
available to veterans in employment assistance:
(1 .) Allow for RFL's in employment assistance.
(2.) Allow for the payment of up to 12 months of Subsistence Allowance in
employment services for certain structured services including attendance at job
club programs, structured job search programs, and work experience/volunteer
services programs.
(3.) Allow for an incentive payment to the veteran if he/she achieves suitable
employment prior to exhausting the 12 months in employment services.
(4.) Allow for payment of a clothing allowance for veterans to purchase
necessary work & interview clothes.
(5.) Allow for payment of travel expenses for veterans to attend job interviews.
C. Agency needs:
(1.) Allow for a job development specialist in each VR&C division. (2.) Continue
to simplify contracting procedures.
(3.) Simplify the OJT program by allowing a payment structure that is similar to
"ch-34"
(4.) Provide a productivity count for veterans in employment services as well as
when the vet exits Employment Services.
23
223
VR&C Advisory Committee
RECOMMENDATION 10. Develop marketing and networking initiatives with private
industry for purposes of job development
DISCUSSION
We need to sell our program to private industry. Many successful efforts have been
made to make inroads in public sector employment. We need to make similar efforts to
tap the unlimited resources of private business and industry. This could be done both at
the national and local level. One of the most powerful ways to do this would be through a
non-pay work experience program in private industry. We encourage vigorous pursuit of
this initiative. Much more can be done in the way of "hire the veterans with a disability"
programs. Marketing our program through such organizations as the Chamber Of
Commerce, state business and industry associations, Governors committees, etc.
Again, we recommend using a marketing consultant to assist with this project. Such a
consultant would assist in the development of pamphlets, videotapes, public service
announcements, etc.
24
224
VR&C Advisory Committee
SUMMARY
In summary, the VR&C Advisory Committee believes that the VA Vocational
Rehabilitation is still one of the best rehabilitation programs in the world. However, over
the past decade, the professional staff-client ratio has eroded to the breaking point. To
meet the challenges of the future, we need to develop new ways of doing business. We
need to unencumber counselors from bureaucratic obstacles and empower them to take
on more responsibility. Although we need to continue to compete for more resources,
the trend for the future is more likely to be that of a shrinking federal workforce.
Therefore, if we want to meet the needs of our veteran customers, we can no longer
afford the luxury of sharing caseloads as we do in the current Counseling
Psychologist/Vocational Rehabilitation Specialist structure. All qualified Masters Degree
employees should become functionally autonomous counselors responsible for
caseloads from the point of application to the point of rehabilitation. By brokering for
community based services, we will be able to provide services more conveniently to
veterans in their own communities and, stretch our resources at the same time.
To maintain our leadership role in the rehabilitation community, we need to make
a paradigm shift from the linear "trait-factor" rehabilitation model to a "dynamic
rehabilitation" model. The former emphasizes assessment as a one time event that
culminates in the selection of a rehabilitation goal; the latter acknowledges the
complexities of human behavior as well as the medical, psychological and socio-cultural
aspects of disability. In dynamic rehabilitation, needs assessment and rehabilitation
planning is regarded as a continuous process. Rehabilitation successes are cumulative
building on each other in support of vocational rehabilitation goals.
25
225
VR&C Advisory Committee
Lastly, we need to be more aggressive in marketing our program, both within and
outside of VBA. The VA Vocational Rehabilitation program should potentially be one of
the shining stars of the Department of Veterans Affairs, because it epitomizes all that VA
stands for and is trying to achieve: to ensure that all veterans, having sacrificed for their
nation, have the fullest opportunity to attain realistic and satisfying vocational and
personal goals.
26
VR SERVICE
Tha Honorable John Claim
Chainan, Canaittaa on Qovarnaant
Affairs
Unitad SUtaa Sanata
Washington , DC 20510
Tha Honorabla Willlan V. Roth, Jr.
Ranking Minority Maabar
Coaalttaa on Govarnaantal Affairs
United Stataa Sonata
Washington, DC 20510
Th« Honorabla John Conyars, Jr.
Chairman, Coaaittaa on Govornmant
Oparations
Houaa of Ropraaantativaa
Washington, DC 20S15
Tha Honorabla Williaa P. Clingar, Jr.
Ranking Minority Maabar
Com&ittaa on Govaraaent Oparationa
Houaa of Raprasantativas
Washington, DC 20515
Tha Honorabla John D. Rookofsllar XV
chairaan, coaaittee on va tar ana'
Affairs
unitad stataa sanata
waahlngton, DC 20510
Tha Honorabla 6. V. (Sonny) Montgoaary
Chairaan, coaalttaa on Voter ana'
Affalra
Houaa of Repreeentativae
Washington, DC 20515
Tha Honorabla Frank H. Murkowakl
Ranking Minority Member
Comlttaa on Vat arena' Affairs
Unitad Stataa Sanata
Naahington, DC 20510
Tha Honorabla Bob Stump
Ranking Minority Maabar
Comnittaa on Vat ar ana' Affairs
Houaa of Raprasantativas
Washington, DC 20515
Tha Honorabla Laon I. Panatta
Diraotor, Of flea of Management
and Sudgat
Washington, DC 20S02
R.
Assistant coaptrollar Ganaral
Kuaan Raaouroaa Division
U. s. Ganaral Aeoounting Offioa
Washington, DC 2054*
227
Question 19. You mentioned in your testimony that you are
making effective use of the $5 million in the Readjustment
Benefit account to contract for certain services.
Am I correct in saying there has been a significant increase in
the use of this contracting authority?
Answer 19. Yes, from 1991 to 1992 there was a 422 percent
increase in VR&C's use of the contracting authority.
Contracting for services has helped our staff meet the heavy
demands for their services, and we expect this increased demand
for services to continue through fiscal year 1994.
228
Question 20. Under the current cap of $5 million, do you expect to
run out of contract funds in fiscal year 1994?
Does the Veterans Benefits Administration (VBA) have procurement
specialists who could be made available to help vocational
rehabilitation staff with their contracting?
Answer 20. It is estimated that if the present rate of contracting
continues in fiscal year 1994, we will run out of contract funds in
the middle of the fiscal year.
VBA does not have procurement specialists. VR&C staff members are
receiving some assistance with contracting issues through
consultations with contract specialists at VA medical centers and
clinics.
229
Question 21. I am very concerned about the proposal in the
President's budget to reduce VR&C staffing by 18 FTEE. In view of
VR&C's already poor timeliness statistics and anticipated increase
in workload, how can you justify reducing staffing in the area?
What percentage of the 600,000 compensation and pension claims
pending in VBA do you estimate will be applying for chapter 31
benefits?
Answer 21. We are also concerned that our 1994 anticipated
workload. Our most severe problem, though, is in the Compensation,
Pension, and Education program. Our 1994 request reflects an
aggressive effort to shift resources into adjudicating claims in
order to reduce our adjudication backlog. We have created avenues,
e.g., new ADP systems and the use of contractual services, to
minimize the impact of reduced staffing in the VR&C program.
We project approximately 125,000 original compensation claims will
be processed during FY 1993. From our experience, thirty percent of
these claims will result in applications for chapter 31 services.
This means 37,500 applications for vocational rehabilitation will
follow from those processed in FY 1993. It also means that 75,000
may follow in the period of FY 1994 and FY 1995, as the claims are
adjudicated.
230
Question 22. What is the purpose of the VR&C Field Advisory
Committee? How are the committee members selected? How often does
this committee meet? What recommendations have been made by the
Committee over the past four years? Which of these recommendations
have been implemented? What travel money is available to this
committee for fiscal year 1993? For fiscal year 1994?
Answer 22. The committee was formed in December of 1990 for the
purpose of acting as a "sounding board" to the Vocational
Rehabilitation and Counseling Service in program areas including
policy, organization, and procedure. The committee can
independently make recommendations in these areas. There are four
committee members, selected from each of VBA's regions, and the
members are expected to obtain the ideas and opinions of other VR&C
Officers in their respective areas when deciding issues before the
committee. Copies of their recommendations, since creation of the
committee, are attached. The committee has been invaluable in their
assistance to the VR&C Service and their regional office colleagues.
The committee members serve a two-year term with no more than two
new members in each year. Four meetings in Washington are scheduled
for FY 1993, at the cost of $18,000. The committee also met during
the annual VR&C Officer workshop in Tampa and regularly interact
with each other, their counterparts in other regional offices, and
the VR&C Service, by telephone and electronic mail. Due to expected
travel fund limitations, we do not believe that we will be able to
support the same level of travel in FY 1994.
231
Question 23. What has been the turnover rate of vocational
rehabilitation and counseling psychologists during the past four
fiscal years?
Answer 23. Eight percent per year.
Question 24. What percentage of those who initiated chapter 31
training during the past four fiscal years were military retirees?
Answer 24. We do not collect data that would identify veterans who
retired or separated because of medical reasons versus those who
retire for longevity. In our own survey two years ago, we found
that less than one percent of chapter 31 participants had thirty
years or more of active military service, and that an additional six
percent had twenty years or more of military service.
The evaluation of a veteran's need for vocational rehabilitation
services includes an assessment of the marketable skills gained
through education, training, and experience, but the number of years
of military service, including retirement after a specific number of
years, has no real significance to the determination of entitlement.
Question 25. Does VA conduct consumer satisfaction surveys of
chapter 31 participants? If not, why not. If so, when was the last
survey conducted? What were the results? How did they compare with
the results of earlier surveys?
Answer 25. On June 29, 1992, VA released the results of a
satisfaction survey of all disabled veterans who had completed their
Vocational Rehabilitation program and were determined
"rehabilitated" during fiscal year 1990.
The two key findings of the survey were: 1) There was a lack of
communication and mutual understanding between the vocational
rehabilitation counselors and their clients concerning the functions
of the rehabilitation process in regard to employment, and 2) There
is a strong positive correlation level with the program as a whole
and the satisfaction level with the actions of individual counselors.
We are concerned about the first finding as it indicates our
clients expectations for employment assistance are different from
the staff's understanding of the services they provide. One way we
plan to address this concern is by further training VR&C staff in
September on how to coordinate the effective provision of employment
services.
While earlier surveys of this type have not been conducted, the
Vocational Rehabilitation Service is currently involved with a VBA
satisfaction survey and plans to use the results to change policy
and/or procedure, as necessary.
234
Question 26. In the past years, VA's vocational rehabilitation
program was considered the finest available anywhere. Could that be
said today?
Answer 26. Most certainly! The Congress created an excellent
program and we all believe that it is the best program of its kind
in the world. However, the potential of the program cannot be fully
realized until sufficient resources are available to carry out its
mission. We will continue to explore every avenue that holds any
promise of improving our effectiveness.
235
Question 27: Please describe the administration of the revolving
loan fund established under section 3112, title 38, U.S.C. What is
its purpose? How many loans were provided during the last four
fiscal years? What is the default rate of this loan fund? Is the
fund adequate to provide assistance to all those who request and
qualify for it? If not, what action should be taken to ensure that
all those who request assistance receive it?
Response: The purpose of the VA's Vocational Revolving Fund is to
provide loans up to $666 to service-connected disabled veterans who
are temporarily in need of financial assistance, while enrolled in
VA's Vocational Rehabilitation Program.
The number of vocational revolving fund loans provided during the
last four fiscal years is as follows:
1989: 4,461
1990: 5,102
1991: 5,148
1992: 5,278
The default rate of the vocational revolving fund is almost zero, as
all advances from the fund are repaid by deductions from future
payments of compensation, pension, subsistence allowance,
educational assistance allowance or retirement pay.
In fiscal year 1993, sufficient funding exists in the revolving fund
to provide adequate assistance to all service-connected disabled
veterans who request and qualify for loans. However, the revolving
fund is a discretionary account and the number and the amount of
loans which may be authorized are limited by the amount appropriated
by the Congress.
Over the last three years, we have limited the amount which could be
loaned on an individual basis to $200 beginning in the third quarter
of the fiscal year.
236
Question 28. What percentage of those who apply for chapter 31
participation are found to be eligible? What steps can be taken to
reduce the number of ineligible individuals who make application?
Answer 28. Two factors which affect the eligibility and entitlement
of veterans for the vocational rehabilitation program are as follows:
1. A veteran must have a compensable service-connected
disability evaluated at 20 percent or more, or have applied for
a vocational rehabilitation program before November 1, 1990, if
he or she has compensable service-connected disability of less
than 20 percent. All applications for vocational rehabilitation
are screened by the Adjudication Division to assure that these
criteria are met before forwarding the case to the Vocational
Rehabilitation and Counseling Division for further processing of
the veteran's claim. We find that 10 percent of all veterans
applying for assistance under the vocational rehabilitation
program do not meet either of these criteria and are therefore
ineligible for vocational rehabilitation. These individuals are
informed of their ineligibility for the vocational
rehabilitation program by the Adjudication Division. The letter
to the veteran informs him or her of other programs through
which he or she may be able to secure training or employment
assistance.
2. The law (38 U.S.C., section 3106) requires that each veteran
who meets the eligibility criteria described above be provided
an initial evaluation to determine whether he or she is entitled
to a program of rehabilitation services. Approximately 85
percent who meet eligibility criteria described in paragraph 1
are found to have an employment handicap and, therefore, to be
entitled to a program of rehabilitation services. While the
right to an initial evaluation may only be changed by
legislation, we have taken a number of administrative steps to
assure that those veterans who are most interested in and
motivated for the program are provided the assistance they wish
in as timely a manner as possible. For example, field staff may
conduct group orientation sessions at which veterans have an
opportunity to learn more about the program. The outcome of
these meetings reinforces interest or leads to decisions to
direct their attention to other possibilities for training and
employment. The result is a more positive feeling on the
veteran's part, conservation of staff time and improved program
administration.
Effective October 1, 1993, veterans with disability ratings of 10
percent may be found entitled to a program of rehabilitation
services if they are found to have a serious employment handicap.
It is expected that only a small proportion of service-connected
veterans with disability ratings of 10 percent will be found to have
a serious employment handicap. Accordingly, we are developing a
detailed letter which will inform the veteran of the requirements
which a veteran with a disability rating of 10 percent must meet in
order to be found entitled to a program of rehabilitation services
and exploring other possibilities which will not infringe on a
veteran's right to an initial evaluation.
237
Question 29. On average, how often do vocational rehabilitation
specialists (VRSs) contact their clients? Are VRSs informed when a
client drops out of the program? How and by whom are they
notified? Are VRSs required to contact a client who has dropped
out? If not, why not? Are you developing a reporting system that
would maintain informative data, including the specific reasons for
program termination, regarding chapter 31 drop outs? If not, why
not?
Answer 29. While the needs of individual clients may affect the
schedule of supervisory contacts, at a minimum VRSs are required to
contact clients in educational programs and apprenticeships at least
once per term for the first six months of enrollment, and then once
per year. Clients enrolled in non educational programs are
contacted monthly during the first six months, then bimonthly for
the length of their programs. The individual needs of clients are
considered when scheduling contacts, and these needs usually demand
more frequent contacts than the minimum required.
We do have a reporting system in which our staff record the reasons
for a veteran's discontinuance of the rehabilitation program. To
augment this data, we are currently engaged in a more in-depth study
of our case records to identify more specifically why veterans
discontinue their programs of vocational rehabilitation. The data
collection will be completed by 11/1/93 and the analysis of
resultant data completed by 12/31/93. We will revise our reporting
systems, as well as program policies and procedures, based on the
results of this study.
238
Question 30. Section 3116, title 38, U.S.C., provides that the
Secretary may make payments to employers for providing on-job
training if necessary to obtain needed training or to begin
employment .
During fiscal years 89, 90, 91, and 92, on behalf of how many
veterans were such payments made? What total amount was expended
using this authority during those fiscal years?
Answer 30. The following table provides the number of veterans and
the total amount expended under the special employer incentive
program:
Number of Amount of Employer
Year Participants Incentive
1989 45 $ 96,850
226,236
102,798
186,718
TOTAL 232 $612,602
1990
63
1991
53
1992
71
Question 31. What effect has TAP/DTAP had on VR&C caseloads.
Please provide the Committee with the travel funding available
during fiscal years 92 and 93, by station, for VR&C staff who
participate in TAP/DTAP training.
Answer 31. TAP and DTAP resulted in an increase in our
workloads. The number of veterans in programs of vocational
rehabilitation was 36,548 in FY 1992 and is expected to
continue to rise to 39,700 in FY 1993 and 44,000 in 1994.
Concurrently, the number of servicemembers, veterans, and
eligible dependents who received educational/vocational
counseling in FY 1992 was 13,187. This is expected to continue
to rise to 30,000 in FY 1993 and 48,817 in 1994.
See the attached table for the requested information on travel
funds .
240
STATION UST
Total Travel
DTAP Travel
Total Travel
DTAP Travel
FY 92
FY 92
FYTD93
FYTD93
ALBUQUERQUE
340
w
$4,029.10
$250.63
$1,951.33
$306.67
ANCHORAGE
363
w
$20,400.75
$2,441.00
$7,551.83
$0.00
ATLANTA
316
s
$11,015.02
$3,205.77
$5,895.19
$3,133.84
BALTIMORE
313
e
$6,088.64
$2,335.00
$3,916.20
$1,155.70
BOISE
347
w
$10,108.00
$505.00
$4,831.00
$242.00
BOSTON
301
e
$9,847.16
$468.50
$1,807.47
$365.00
BUFFALO
307
e
$8,040.27
$553.98
$3,316.66
$553.98
CHICAGO
328
c
$10,000.00
$2,900.00
$6,919.95
$1,658.00
CLEVELAND
325
c
$15,441.33
$33.50
$8,087.16
$105.19
COLUMBIA
319
s
$2,132.58
$783.56
$431.61
$0.00
DENVER/CHEYENNE
339
w
$15,653.15
$1,790.49
$8,087.47
$241.00
DES MOINES
333
c
$11,283.22
$859.00
$5,169.87
$238.00
DETROIT
329
c
$8,921.91
$2,078.00
$4.1 93 40
$861.75
FARGO
437
c
N/A
N/A
N/A
N/A
FORT HARRISON
436
w
$75,997.00
$0.00
$3,369.64
$71.28
HARTFORD
308
e
$4,686.00
$330.00
$2,754.00
$138.00
HONOLULU
459
w
$18,890.00
$0.00
$6,810.00
$34.50
HOUSTON
362
s
$37,145.86
$24,717.00
$14,400.87
$14,400.87
HUNTINGTON
315
e
$13,904.95
$0.00
$6,753.66
$0 00
INDIANAPOLIS
326
c
$9,497.08
$0.00
$4,312.31
$0.00
JACKSON
323
s
$6,045.00
$1,776.00
$3,036.00
$890.00
LINCOLN
334
c
$3,004.89
$436.19
$1,079.24
$0.00
LITTLE ROCK
350
s
$3,947.66
$620.66
$1,147.57
$0.00
LOS ANGELES
344
w
$6,377.85
$498.00
I.I78.00
$0.00
LOUISVILLE
327
c
$10,093.00
$3,192.00
$5,985.00
$275.00
MANCHESTER
373
e
$2,088.10
$39.13
$803.78
$26.75
MILWAUKEE
330
c
$14,288.36
$0.00
$6,371.08
$0.00
MONTGOMERY
322
s
$6,838.10
$383.00
$3,379.16
$550.44
MUSKOGEE
351
s
$12,044.80
$1,128.35
$5,654.06
$306.50
NASHVILLE
320
s
$19,531.00
$760.00
$8,490.00
$590.00
NEW ORLEANS
321
s
$4,548.71
$648.00
$2,092.20
$453.40
NEW YORK
306
e
$7,190.70
$0.00
$2,273.97
$0.00
NEWARK
309
e
$10,367.90
$1,250.00
$5,324.00
$3,450.00
PHILADELPHIA
310
e
$6,693.73
$2,017.96
$5,359.65
$925.62
PHOENIX
345
w
$4,507.00
$676.00
$2,193.00
$394.00
PITTSBURGH
311
e
$9,525.41
$0.00
$4,536.29
$20.00
PORTLAND
348
w
$8,744.15
$0.00
$5,079.91
$0.00
PROVIDENCE
304
e
$2,633.60
$117.80
$1,202.51
$102.28
RENO
354
w
$4,757.38
$0.00
$2,105.08
$0.00
ROANOKE
314
e
$25,062.00
$3,456 00
$17,343.00
$2,267.00
SALT LAKE CITY
341
w
$1,098.19
$308.00
$535.00
$144.00
SAN DIEGO
377
w
$6,597.35
$2,984.00
$4,291.56
$1,517.00
SAN FRANCISCO
343
w
$26,362.16
$0.00
$10,184.57
$0.00
SAN JUAN
355
s
$7,687.00
$50.00
$6,429.00
$90.00
SEATTLE
346
w
$21,297.00
$3,892.00
$8,448.00
$1,589.00
SIOUX FALLS
438
c
$3,806.94
$0.00
$3,162.68
$0.00
ST LOUIS
331
c
$12,410.00
$2,072.00
$7,365.00
$1,036.00
ST PAUL
335
c
$9,024.00
$0.00
$3,344 89
$0.00
ST PETERSBURG
317
s
$24,500.00
$10,918.00
$12,530.00
$4,309.00
TOGUS
402
e
$3,874.00
$982.00
$1,825.00
$423.00
WACO
349
s
$15,396.49
$367.02
$9,103.74
$608.66
WASHINGTON
372
e
$3,353.35
$3,088.25
$1,603.88
$1,362.00
WHITE RIVER JCT
405
e
$988.33
$0.00
$105.50
$0.00
WICHITA
452
c
$8,342.54
$0.00
$4,108.40
$0.00
WILMINGTON
460
e
$6,195.00
$666 00
$4,429.00
$356.00
WINSTON-SALEM
318
s
$12,073.03
$4,172.69
$15,769.22
$2,495.45
TOTALS
$624,376.74
$89,750.48
$277,250.56
$47,686.88
241
Question 32. In his testimony, the DAV witness noted that the
"chapter 15" program is not cost effective and has dramatically
increased VR&C workload without sufficient positive outcomes to
the detriment of service-connected disabled veterans. Do you
agree with this statement? If no, why not?
Answer 32. During the pilot period of the Vocational
Rehabilitation Program for Certain Pension Recipients (chapter
15), program requirements did cause a significant burden on
VR&C staff. This program has undergone legislative change and
is now tailored to those veterans who can benefit the most from
the program and who actively wish to participate. In addition,
we are now able to contract most of the evaluations using the
Pension account as the funding source, so that this program
does not detract from the resources available for
service-disabled veterans.
242
Question 33. How many employees in the VR&C Service have received
any employment services training and what did that training consist
of?
Answer 33. Almost all of the professional employees in the VR&C
Service have received some kind of employment services training. In
the siommer of 1991, 70 newly-hired VA employees attended a course
developed by the Department of Veterans Affairs and the Ohio State
University that covered employment services and job placement.
Training and reference materials were distributed to all
participants, and at a later date copies of these materials were
sent to each outbased facility and any station that had not received
them so that others could be trained at the station.
Twenty-six regional training workshops were held during fiscal years
1991-92 with an opportunity for participation by all professional
staff. Each workshop included a session on employment services
and/or job placement. For FY 1993, 12 regional workshops are being
planned nationwide. Each workshop will include a program on either
"successful caseload management," "the role of contracting," or
"creative approaches to the provision of employment services."
Annual VR&C Officer training programs have included sessions on
employment services or job placement since 1991.
A training program on employment services is being developed for
August 1993. Close to 100 counseling psychologists and vocational
rehabilitation specialists in VR&C Service will participate in this
training. This training will be taped, and the tapes will be edited
to create 3-4 modules. Each field station will be provided a set of
modules along with a training outline and printed materials to be
used for further staff training.
243
Question 34. DAV noted that in 1988 an Employment Services Task
Group identified 36 problems that impacted on the delivery of
employment services. What has been done to address those 36
problems. Does this Task Group still exist. If not, why not? If
they do still exist, how many times have they met since 1988?
Answer 34. The Employment Services Task Group was an ad hoc group
comprised of four Vocational Rehabilitation Specialists who
consulted with the Vocational Rehabilitation and Counseling Service
on how to improve our performance in employment services. Many of
their recommendations were useful and have been incorporated in
program policy and procedure. Since this was an ad hoc group, it
disbanded after submission of its recommendations. The VR&C Field
Advisory Committee now serves the role of field consultants to the
Service.
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Question 35. How many VR&C staff have gone through NVTI training?
What type of training was provided by NVTI? How many VR&C staff
will receive NVTI training during fiscal year 1993? How many during
fiscal year 1994?
It has been suggested that VR&C contract with NVTI for a training
Course designed to enhance the employment-placement skills of VRSs.
This seems like an excellent idea. Will you pursue this
recommendation? If not, why not?
Answer 35. Since 1990, over 350 VR&C staff received training
through NVTI. VR&C staff have attended a number of different
courses at NVTI, including their "Presentation Skills" course which
teaches our DTAP coordinators how best to offer information
concerning VA's Vocational Rehabilitation program. Since June of
fiscal year 1991, 50 DTAP coordinators have attended this course and
we have scheduled 30 VR&C personnel to receive this valuable
training in fiscal year 1993. The Department of Labor, one of our
partners in the DTAP effort, has funded this training. We are
unsure of how many additional VR&C personnel DOL will be able to
fund in fiscal year 1994 to attend this training.
We have been in contact with NVTI to design a course for us.
Unfortunately, because of the overwhelming training schedule brought
on by the Service Members Occupational Conversion and Training Act
(SMOCTA), they are unable to help us this year. The stage is set,
however, to work with them to develop such a course next year if the
funds are available.
245
Question 36. DAV suggested that Individual Employment Assistance
Plans (IEAPS) should be developed, with the full participation of
the eligible veteran, during early contacts with chapter 31
participants. Would this be an effective way to further emphasize
that employment is the ultimate goal of vocational rehabilitation?
If not, why not? If so, will you adopt this recommendation?
Answer 36. DAV's suggestion is consistent with current guidance to
the field on employment planning in the rehabilitation process as
outlined in M28-1, Part IV, Chapter 3.01. It states, "Effective
employment planning should begin at the earliest possible
opportunity within the rehabilitation process. . .Nearly all IWRP's
(individualized written rehabilitation plans) should clearly state s
specific vocational goal and outline the specific employment
activities to reach that goal. .. [which] will focus the veteran's
efforts not just on training . . . the IWRP might include registering
with college placement offices, joining professional organizations,
and applying for summer jobs in the area of his or her chosen
vocational field."
71-902 0-93-9
246
Question 37. You mention in your testimony that a recommendation
that would strengthen qualification standards for VRSs is being
prepared for the Secretary. Why has it taken several years to reach
this point in the process of amending the qualification standards?
The Committee has raised this issue several times in recent years.
Please keep me informed in writing regarding the progress being made
on this initiative.
Answer 37. The Vocational Rehabilitation Service has been
vigorously pursuing an effort to change the qualification standards
for both counseling psychologists and rehabilitation specialists for
the past four years. A labor-intensive job analysis was required
for each position (vocational rehabilitation specialist and
counseling psychologist). These analyses were time-consuming to
complete and involved the work of many individuals. Currently, the
qualifications package is in VA's internal review process.
247
Question 38. Have you taken any action to amend employee
performance evaluation procedures in order to emphasize the
importance of employment placement services? If not, why not?
Answer 38. We are in the process of updating VR&C Officer
performance standards to reflect an increased emphasis on services
to seriously disabled veterans, employment services, and improved
quality of rehabilitations. We plan to implement similar prototype
standards for counseling psychologists and vocational rehabilitation
specialists in the near future.
248
Question 39. DAV noted in its testimony that organization has
provided every VR&C office with a series of six workbooks regarding
employment-related activities and issues. Are these workbooks
reproduced and made available to chapter 31 participants? If not,
why not?
Answer 39. The materials from DAV were received by our field staff
but the decision to use the material or reproduce it has been an
option left to the local staff.
249
Question 40. What procedures are currently followed if a chapter 31
participant terminates training because of a worsening physical or
mental condition? Are follow-up efforts required to ensure that
necessary medical treatment is provided and that the individual
reenrolls in training when his or her condition improves? If not,
why not.
Answer 40. VR&C policy and procedure dictate that a veteran who
terminates training because of a worsening of a physical or mental
condition be referred to appropriate medical service providers so
that the condition may be assessed and treated. The veteran may be
continued in an active status, even though training is suspended.
The scope of program services is not limited to training and there
may be substantial periods of intensive services that are not
directly related to training. If a veteran must suspend all
services, he or she will be placed in an interrupted category and
periodically contacted to determine if the reasons for interruption
can be resolved.
Though it is the responsibility of the veteran to notify the case
manager when the veteran interrupts training, VRSs work closely with
both veterans and service providers in order to facilitate an
ongoing exchange of information. Clients who are in interrupted
status are contacted regularly to assist them in resolving any
problems which have led to interruption of training. Documentation
of these contacts is maintained, and cases are coded when placed in
a non-active status. This information can be used to assess why
training is not completed.
250
Question 41. The recent GAO reports on the vocational
rehabilitation program point out that VR&C offices operate rather
independently. What exactly is the relationship between the VR&C
office, the director of the regional office and the director of the
Vocational Rehabilitation and Counseling Service? What are the
lines of authority? To whom are the VR&C offices ultimately
responsible? What responsibility does the director of the regional
office have for the proper implementation of procedures by his VR&C
office? What reporting systems are in place to ensure that VR&C
offices are following the mandated procedures?
Answer 41. The Director, Vocational Rehabilitation and Counseling
Service, is responsible for development of program policy and
procedure and assuring that the program budget requests adequate
resources and that program purposes and goals are met. This is a
staff function. The Director of a VA Regional Office is a line
official who administers all VBA programs in his or her area of
jurisdiction. This person has day-to-day control of the workload
and workflow in a regional office and assures that each veteran or
beneficiary receives the best service possible. The Vocational
Rehabilitation and Counseling Officer is the regional office line
official who is directly responsible for the administration of the
VR&C program. The staff under this official has the direct contact
and direct service provision responsibility. Reporting mechanisms
such as periodic workload assessment and systematic analyses of
operations are in place to meet the line responsibilities of
manpower productivity and effectiveness and quality control, within
budgeted resources. Quality control and reporting mechanisms, such
as random case review and periodic quality control surveys, are also
in place to measure the staff responsibilities of meeting the
program goals and objectives.
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Question 42. Are VR&C field staff required to routinely make
contact with nearby hospitals regarding potential chapter 31
participants? If not, why not?
Answer 42. Particularly since the advent of the TAP/DTAP program,
VR&C staff have been more active in contacting servicemembers with
service-connected disabilities scheduled for separation and veterans
who have recently separated with service-connected conditions, in
military, VA, or civilian health care facilities. Since VR&C does
not have resources to cover all such facilities, the first contact
may be made by regional office veterans benefits counselors, service
officers of recognized veterans organizations, or state/county
veterans service officers.
252
Question 43. In its study entitled, "VA Needs to Emphasize Serving
Veterans With Serious Employment Handicaps", GAO recommends that VA
develop a performance evaluation system that acknowledges the
additional time required to provide vocational rehabilitation
services to veterans with serious employment handicaps. Has this
recommendation been implemented? If not, why not?
Answer 43. Vocational Rehabilitation Service's performance
evaluation system currently recognizes the additional time required
to work with the more seriously disabled client. The time required
to provide services to all chapter 31 veterans, those with or
without a serious employment handicap, is periodically measured and
appropriate productivity standards are established. We do not have
separate production standards for clients with a serious employment
handicap versus those who don't.
The Veterans Benefits Administration periodically revises its
productivity standards. We plan on studying and revising those
standards specific to Vocational Rehabilitation and Counseling
activities early next fiscal year. At that time we will explore
establishing separate standards for veterans with serious employment
handicaps and those who do not have a serious employment handicap.
If this distinction proves to be useful in helping the staff to
provide timely, quality services to their clients, we will adopt the
change nationwide.
253
Question 44. Section 513, title 38, U.S.C. permits the Secretary
for purposes of all laws administered by the Department, to accept
uncompensated services. Has any thought been given to recruiting
graduate students in fields related vocational rehabilitation to
assist VR&C staff? This could be an attractive opportunity for
students to gain actual clinical experience.
Answer 44. Currently qualified graduate students assist our staff
through the work-study benefits program and internship
arrangements. Internship arrangements appear to draw on the same
population that would be interested in working on an uncompensated
basis, with the added incentive of completing degree requirements.
Major problems in using graduate students under any arrangement are
the need for a substantial investment of training time before these
students can assist professional staff and the requirement of
supervision that may include frequent reports back to the training
institution. It must be remembered that the main purpose of the
student's placement is to receive training, not provide an
additional tool to manage an excessive workload. That investment of
staff time may not generally be worthwhile unless the individual
agrees to stay with the program for at least two terms. If we can
get this type of commitment, uncompensated work arrangements may be
an additional source of assistance for our staff. Even then, the
best payoff would come if in the future we were able to attract more
well-trained and qualified students to become VR&C employees.
254
Followup Questions to Dr. Martha Hickey
Counseling Psychologist
VARO Winston -Salem, N.C.
From the HVAC Hearing of May 20, 1993
Question 1. We understand one of your major responsibilities
as a counseling psychologist working out of the Winston-Salem
Regional Office is to implement the DTAP program at a number of
military facilities. What facilities are you servicing? How
frequently do you provide DTAP services at these facilities?
Are you seeing all of the servicemembers you should be?
Answer 1 .
A. Installations served.
Marine Corps Base Camp Lejeune
Marine Corps Air Station Cherry Point
Marine Corps Air Station New River
Servicemen and women travel from the following installations:
Marine Corps Auxiliary Field, Bogue
U.S. Coast Guard Station, Fort Macon
Marine Corps Camp Johnson
Marine Corps Camp Geiger
Servicemen and women stationed at the smaller Camps or Fort
travel to the closest DTAP point or to the point of
choice. Commands provide transportation as needed by the
service members to attend DTAP.
Other NC DTAP programs .
U.S. Army Base, Fort Bragg
Seymour Johnson Air Force Base
Pope Air Force Base
Together we provide service to 119. 000 active duty
population.
B. Frequency of service . Each of the major installations
listed above has AT LEAST TWO DTAP services each week.
Often there are more.
DTAP is a multi -dimensional, diverse program which is
tailored at each installation to meet the needs of the
population served and services required.
- TAP and DTAP are integrated programs which work
closely together at all our NC installations. The TAP
and DTAP Coordinators are team members. Information
about Vocational Rehabilitation (Chapter 31) and
Vocational and Educational Counseling (Chapter 36) is
presented at TAP briefings. Servicemembers have the
opportunity to attend a forms class provided by the TAP
Coordinator every week to complete their applications
for disability and vocational rehabilitation.
255
- Command Education is an integral part of the DTAP and
TAP program. The DTAP and TAP Coordinator each accept
every opportunity to brief command gatherings about our
programs . Examples are: First Sergeants School,
Officers Call, Professional Military Education classes.
We actively seek these opportunities to educate the
troop leaders about DTAP/TAP.
C. Seeing all the service members? The DTAP population is
varied. It is composed of three parts which are detailed
below.
- Service members going through Physical Evaluation
Boards (PEB) who have been identified as being so
severely physically disabled that they are being
processed for separation. This population contains the
MOST SEVERELY DISABLED men and women. They are my
DTAP's highest priority. I am seeing all of the PEB
servicemembers whose Boards are processed through the
two U.S. Naval Hospitals which I serve - Cherry Point
and Camp Lejeune. The support from the hospitals has
been tremendous in implementing DTAP. We have a
combination DTAP which is comprised of class, individual
appointments, and even home visits for the most severely
disabled. Servicemembers are self -referring to this
program even when they have not yet been formally
referred to the Board. The PEB will not be processed at
either hospital unless the servicemember attends DTAP.
- The retiree population. I am only seeing a portion of
the retirees prior to their departure from service. I
believe that more servicemembers are retiring than are
attending (about 150 each installation each quarter) the
voluntary seminars which comprise the retirement
program. Each of the installations offers through the
Family Service Center a voluntary three day
Pre-Retirement Seminar on a quarterly basis in which
both the TAP Coordinator and the DTAP Coordinator
participate. The retirees who do participate in the
Pre-Retirement Seminars also use the entire scope of
DTAP and TAP. The ones who do not attend the seminars
may use portions of the DTAP and TAP IF they have been
exposed to it through our Command Education program.
The emphasis on Command Education is in part our
response to increase retiree utilization of DTAP and TAP.
- Servicemen and women separating from service (EAS,
VSI, SSB, etc.). This is the least disabled of the DTAP
populations and the largest with which we deal. To the
extent that Commands require separating servicemembers
to attend TAP, the members do receive good services.
These men and women are provided information about
Vocational Rehabilitation and Vocational Counseling as
well as all aspects of VA benefits through the TAP
briefs which take the form of Pre -Separation Briefs,
Civilian Readjustment Briefs or the like. Many of the
Chapter 3 6 Counseling Cases originate here.
256
This group of individuals tends to be younger, to be separating
after one or two terms of enlistment or to be at midcareer and
accepting separation incentive. Currently there are 12
contract counselors providing Chapter 36 benefits to separating
service members. In the first quarter of 1993, we processed
over 2,700 Chapter 36 cases, either through providing direct
services, forwarding applications to a future home of record,
or contacting servicemembers who had applied for and
subsequently declined services. The Chapter 36 Vocational and
Educational Counseling is an ideal opportunity to validate
plans and obtain objective information through assessment.
Question 2 . Some individuals have questioned whether the
effort put into implementing DTAP is leading to worthwhile
results. What is your opinion?
Answer 2 .
- DTAP is a program whose result is to empower veterans by
providing accurate and timely information. Is DTAP
worthwhile? I believe the answer to that lies with the
individual service members served by DTAP. Undoubtedly,
the service members appreciate DTAP. We hear their thanks
every week, almost every day. "I'm really glad there's a
service like this", "they should have started this long
ago", "this really helped me out a lot", thanks for your
program" - all are typical feedback we receive.
Question 3 . What is the biggest challenge you face in
implementing the DTAP program? If you could change the DTAP
program or the way it is being implemented, what would you
change?
Answer 3 .
- The biggest challenge I face is without a question time
management. The program is enormous in scope - three distinct
populations, three major installations, three major components
(teaching, PEB's, Chapter 36). There simply is not enough time
to plan, to manage, to coordinate, to administer and to deliver
DTAP.
- If I could change anything, I would increase funding for
contracting so that we could have a DTAP Coordinator and an
Administrative Staff worker at every major installation.
After the draw-down is completed, I would retain DTAP and
maintain at least one DTAP Coordinator in each state that
has major military installations because I believe DTAP and
TAP are valid functions independent of draw- down and should
be maintained as part of the total VA service. We will
always have attrition, separation, retirement and PEB as
long as we have military forces. That normal attrition and
separation is VERY SIZABLE in North Carolina.
Question 4. Dr. Hickey, I understand that you are heavily
involved in conducting outreach activities for disabled
veterans in the Winston-Salem area and to accomplish this
effort you travel some 800 miles per week. Do you believe that
outreach activities are critical enough to VA' s Vocational
Rehabilitation Program to warrant this level of effort?
257
Answer 4 .
- I'd like to clarify some of the details in this question. My
entire program is conducted NOT in the Winston-Salem area of
North Carolina, but rather on the eastern coast. I provide
service at the major installations listed above and for
veterans throughout the eastern part of NC. My official travel
takes me on the road from Marine Corps Air Station New River
north to Camp Lejeune and north from there to Marine Corps Air
Station Cherry Point. The driving time EACH WAY from New River
to Camp Lejeune is about 35 minutes and from Camp Lejeune to
Cherry Point is about one hour. My office is located at New
River . I have the luxury of working out of it about two days
per week.
- My outreach activities consist of taking the DTAP program
to the servicemembers where they work. I believe this is
absolutely critical to the accessibility of the program,
especially when you consider that some of our most disabled
servicemembers. the ones undergoing PEB. are junior troops
who have no personal transportation. The program is
meaningless, in my personal opinion, if it is not
accessible. For it to be accessible, it has to be
delivered where the servicemembers work. Outreach and the
efforts, herculean as they feel at times, are absolutely
necessary for DTAP.
- Your final question, however, seems to ask do I believe
that outreach is critical enough to Vocational
Rehabilitation to warrant a level of effort comparable to
mine in DTAP? My answer is that I believe outreach is
requisite in any program which purports to serve seriously
disabled persons. Is it worth the effort? I believe we
could test it somewhere and see if it is.
258
Follow-up Questions to Mr. Vincent Monteforte
Vocational Rehabilitation & Counseling Officer
VARO Roanoke, Virginia
From the Hearing of May 20, 1993
Question 1. Mr. Monteforte, you have been successful in
meeting some of the heavy demands of your workload through
contracting out services to expert service providers in the
community. Has this been a satisfactory method for meeting
this demand and, if so, what can you share with your fellow
VR&C officers that would help them achieve success in this area?
Answer 1. I believe it is too early to say that our
contracting efforts have been successful in meeting workload
demands. In April 1992, the Roanoke VR&C Division let three
$25,000 contracts with private rehabilitation firms and
practitioners to provide services to VR&C clients. Knowing
that the number of potential referrals for contract services
would exceed the dollar amount of the contracts, we started
procurement activities through the VA Medical Center for
contracts above the authority of the VR&C Officer. The
negotiated procurement process was initiated in July 1992 and
was concluded on March 1, 1993, with the approval of three
$250,000 and one $200,000 contracts. The contracts are for the
following services:
Vocational /Educational Counseling (Chapters 30, 32, 35, 36,
106, etc.)
Employment Placement (Chapter 31)
Vocational Assessment/Systematic Exploration (Chapters 31 and
15)
The negotiated procurement process is complex, labor intensive
and time consuming. It has taken us eight months to develop,
negotiate and let the contracts. Contractors and VR&C staff
were trained in April and we started referring Chapter 31 cases
in May. It will probably be July before we start to see
quality cases generated from this relationship. The contracts
give us the potential of referring 150 Chapter 31 cases per
month to contract providers. We have again initiated the
procurement process, this time to identify and contract with
firms and individuals for case management services. Given the
complexity of the procurement and contracting process, we do
not anticipate that these contracts will be in place for us to
begin services until January of 1994 .
259
Using contractual services for chapter 31 veterans
provides us a dilemma. The service -disabled veteran is,
always has been, and always will be VA's highest
priority. VA staff deeply feel the commitment to serve
these men and women. Many of our staff very much regret
the circumstances which require us to call on contract
service providers to do the job that we feel is our most
important role. In addition, obtaining contractual
service is not without costs. Beyond the actual cost for
service is the large amount of time and effort required by
VA staff to properly advertise, receive proposals,
negotiate contracts, administer the distribution of cases
to contractors, oversee the letter and quality of contract
services, and authorize payments.
Question 2 . Do you see your regional office as a typical
station? If not, how is it different? If so, what do you
see, as a result of your experiences, as the most
important issues affecting the delivery of vocational
rehabilitation services to veterans today? As lawmakers,
where would you have us focus our attention?
Answer 2. I do not believe the Roanoke Regional Office is
a typical regional office. I believe a combination of
factors make us atypical. They are:
(1) Workloads in VR&C, Adjudication, and Loan Guaranty
are extremely heavy and have been so for at least five
years ;
(2) In addition to a large veteran population, the
Roanoke Regional Office also has in its jurisdiction a
large number of military facilities, i.e., Ft. Eustis, Ft.
Lee, Ft. Monroe, Langley AFB, Norfolk Naval Base, Little
Creek Naval Base, Ft. Storey, Yorktown Naval Weapons
Station, Oceana NAS;
* A large number of separating and retiring service
personnel remain in Virginia, close to their support
systems and networks;
* The largest naval facility in the world is located in
Norfolk;
* 75 percent of the VR&C Division workload is located in
the Tidewater Area of Virginia, more than four hours away
from the regional office;
260
* The Roanoke Regional Office is closer to three other
regional offices (Winston-Salem, Huntington, Washington,
DC) than it is to its own outbased staff (Richmond,
Hampton) making staff training and program coordination
difficult.
The most important issues affecting the delivery of
vocational rehabilitation services to veterans in the
Roanoke Regional Office are:
(1) rapidly expanding VR&C workload (40 percent annually
over the next three years) ;
(2) the timeliness and effectiveness goals set by the
Vocational Rehabilitation Service.
(3) the additional burden on VR&C staffing resources due
to new programs and initiatives;
(4) the growing DTAP initiative requiring additional
resources;
(5) the increased complexity of cases seen by VR&C staff
requiring more time to arrange and coordinate services;
(6) the inability to fill staffing vacancies in VR&C
because of a priority to provide additional staffing to
Adjudication Divisions ;
(7) VRS caseloads are currently twice the goal set by
Vocational Rehabilitation Service;
(8) the administrative burden of contracting makes it
less than ideal answer for dealing with rising workloads.
I have been in VR&C for nearly 22 years, and over the
years I have seen the effectiveness of the program eroded
due to the addition of new programs and initiatives
without additional resources. In recent years, we have
seen various requested counseling initiatives, VJTA, Pilot
Program of Vocational Rehabilitation for Certain Pension
Recipients, Chapter 31 subsistence allowance processing,
and DTAP, to name just a few. Soon, responsibilities for
SMOCTA counseling and for providing initial evaluations to
those rated 10 percent with serous employment handicaps
will be added. Proposals for VR&C personnel to expedite
the adjudication of memorandum ratings and eligibility
determinations (traditionally performed by Adjudication
personnel) are now being discussed. On a day-to-day
basis, VR&C staff must decide on what they will work and
261
on what tasks they will fail. It reminds me of the
analogy of being in a room with 50 rabbits and trying to
catch all of them. It is impossible to do. Either we
have to have more rabbit catchers or we need to focus on
catching the fattest rabbits. In my opinion, the fattest
rabbits are providing rehabilitation services and
assistance to service disabled veterans and DTAP.
As lawmakers your focus should be to see that adequate
resources are provided so that service disabled veterans
are provided timely and effective rehabilitation services
and assistance. If adequate resources cannot be provided
then lawmakers should assure that available resources are
directed only to the disabled.
Question 3. Mr. Monteforte, I understand that in the
short time you have been at the Roanoke Regional Office,
the VR&C workload has increased significantly. What
accounts for this increase? What techniques are you using
to address this workload and are they working?
Answer 3 . The VR&C Division workload continues to grow at
an accelerated rate based on the incidence of service
disabled veterans in the Tidewater area of Virginia as
well as increased vocational rehabilitation applications
resulting from the implementation of the Disabled
Transition Assistance Program (DTAP) . Recent VACO survey
findings indicate that the Roanoke VR&C Division
counseling psychologist (CP) workload increased 41% and
the vocational rehabilitation specialist (VRS) workload
increased 29 percent since August 1991.
Roanoke counseling psychologists complete counseling cases
(32 per month) at a higher rate than the national average
(24 cases per month) . Even at this high rate of completed
cases, the Division receives 100 more cases per month than
can be worked.
The current total VRS case manager workload is 1,551. The
average VRS is working with 286 veterans at one time. The
Vocational Rehabilitation Service (VACO) recognizes a
caseload of 125 per VRS as generally permitting provision
of quality rehabilitation services. The current
State/Federal (State Department of Vocational
Rehabilitation) average is 108. We have reduced the
number of cases our VRSs work with by giving each of our
counseling psychologists a small caseload. This is a
method of robbing Peter to pay Paul and time is taken away
from the counseling activity. Division projections
suggest the VR&C workload will continue to expand at the
rate of approximately 40 percent annually over the next
three years. The following techniques have been employed
to address the expanding workload:
262
* priority scheduling for those applicants considered to
have a serious employment handicap;
* group orientation sessions to explain the provisions of
the VA vocational rehabilitation program;
* group testing;
* contracting for initial evaluation services under
Chapter 31;
* contracting for vocational/educational counseling
services under Chapters 30, 32, 35, 36 and 106;
* distributing VRS caseload to VA counseling
psychologists;
* consider contracting for DTAP briefings;
* have Military Assistance Coordinators perform DTAP
briefings to free DTAP counseling psychologist to conduct
Chapter 31 initial evaluations;
* pursue contracting for case management services.
While implementation of the aforementioned techniques will
help, they will not allow us to keep pace with the
incoming flow of cases.
Question 4. You are responsible for a number of large
military facilities in the Tidewater Virginia area. What
are the greatest challenges you face in providing
transition services to separating servicemembers from
these facilities? Do you feel you are providing the types
of services you should be under the D-TAP program, and if
not, why not? What do you require to implement the D-TAP
program as you feel it should be implemented?
Answer 4. The Disabled Transition Assistance Program
assists servicemembers separated because of medical
reasons. These men and women attend a four-hour briefing,
offered at military hospitals, emphasizing benefits and
services available to the disabled. The purpose of the
program is two-fold: (1) to identify servicemembers with
service-connected disabilities so they can be advised of
the services and assistance available under the Vocational
Rehabilitation Program, and (2) to expedite the process
of getting into the vocational rehabilitation program by
as much as one year. Early intervention is its goal and
distinction. A vocational rehabilitation program is most
effective when it starts close to the onset of injury. By
being accessible to servicemembers when they are in the
process of being medically evaluated and discharged from
the services because of their disabilities, the DTAP
program meets this important criteria for effective
vocational rehabilitation.
263
The DTAP program is presented to servicemembers just as
their medical boards have been completed, and prior to the
Physical Evaluation Board's decision regarding their
fitness for duty. Many of them are distraught, grappling
with the fact that their military careers are over. Many
are sick and on medication, not able to concentrate on
transition to civilian life. Many are angry holding the
service responsible for their dilemma and seeing only a
dismal future for themselves and their families. Without
their military careers, most have no way to support
themselves. They are in a panic. The news of the
Vocational Rehabilitation Program offers a solution, a way
out of their dilemma, a life raft, so to speak. Panic is
displaced by hope as the servicemembers engage in concrete
career planning. The Vocational Rehabilitation Program
assists them in mapping their rehabilitation goals and
objectives and begin a future with hope.
The concept on which DTAP is based is excellent, however,
due to the increasing retirement and separation activity,
my DTAP personnel can reach only 50 percent of servicemen
and women. Once the servicemember applies for vocational
rehabilitation, it may take as long as nine months before
they can be seen for evaluation services. I am afraid we
are promoting a program that we cannot deliver in a timely
fashion.
264
Follow-up Questions For Mr. Wayne Otts
Supervisory Vocational Rehabilitation Specialist
For the HVAC Hearing of May 20, 1993
Question #1 . I understand you find the Special Employer
Incentives Program to be very helpful in assisting vocational
rehabilitation program participants. Is there some reason why
this program isn't used more frequently around the country?
Are there other employer incentives that would be helpful in
assisting you, and your counterparts throughout the country, in
assisting veterans in getting and keeping suitable jobs?
Response: The Employer Incentive Program is not used more
frequently because the program is very labor intensive. It
requires significant staff time to find and educate employers
on how to use the program. In addition the preparation and
administration of contracts is very labor intensive. Employers
must be educated regarding problems and limitations of the
disabled. They must incorporate some type of program to make
them feel comfortable working with disabled veterans .
Employers must also become familiar with the requirements of
the Americans with Disabilities Act. Case managers must also
be available to deal with problems that arise for both the
employer and the veteran. This is an excellent program;
however, most offices throughout the Department of Veterans
Affairs do not have sufficient staff available to use this
program effectively.
One of the most helpful incentives for assisting disabled
veterans in getting and maintaining employment is the Targeted
Jobs Tax Credit (TJTC) program. Most employers are familiar
with this program. In addition, the program is administered by
the Department of Labor and does not require as much of our
time.
Question #2 . I have heard that vocational rehabilitation
specialists' caseloads throughout the country are exceptionally
high and it is very difficult to get adequate travel funds to
see veterans. What are the caseloads in Phoenix? Do you have
adequate travel funds to do the job? If you don't, what impact
does this have on the veterans you are to be serving?
The caseload for vocational rehabilitation specialists in
Phoenix is 180 cases per case manager. The recommended
caseload is 125 cases per case manager. In addition, 50
percent of our case managers are trainees . Due to these
elements, case managers do not have time to give each disabled
veteran the case management and employment services needed to
assure successful adjustment into suitable employment.
265
During fiscal year 1993, we have been able to meet the minimum
requirements for contacts with veterans in outlying areas.
Travel funding seems to be adequate at this time; however, any
cut in our present travel funds would be devastating. One
missed supervision visit could result in a veteran failing his
or her rehabilitation program. The cost, both financially and
in human terms, would be significantly greater than any savings
made in travel funds.
266
Disabled American Veterans
to Questions from the Hearing on
Vocational Rehabilitation Program
of May 20, 1993
Page 1
1. What specific actions should be taken to improve the
relationship between VR&C staff and Veterans' Health
Administration personnel?
The Under Secretary for Health Care and the Under Secretary
for Benefits must agree to work together, not only at the
national level, but more importantly at the Regional Office and
Medical Center level. One of the problems which can be
addressed but not solved is location. The mere fact that
medical centers, for the most part, are located separately from
regional offices compounds the problem of the two working
together.
However, the Regional Office Director and the Medical
Center Director must ensure a cooperative atmosphere between the
two services and they should be held accountable through
management review systems. Their success in rehabilitation
efforts should be considered when evaluating them for merit pay
or promotional opportunities. They should develop a plan of
action which should be submitted to Central Office for review
and subsequent approval. The Secretary should communicate to
all stations his strong support for successful vocational
rehabilitation outcomes.
2. I understand that under the Job Ready Disabled Veterans
Connection program, which was established jointly by VA and OPM
to place rehabilitated veterans in Federal jobs, only one
veteran has been placed since the program was initiated in
1991. How do you explain this very poor placement rate? What
can be done to improve the effectiveness of this program?
The Job Ready Disabled Veterans Connection (JRDVC) is an
excellent concept but as you know has had too few enrollments.
This is due in large part to what we believe is a perfect
example of federal agencies' lack of interest in hiring disabled
veterans and complying with the affirmative actions provisions
of Section 4214, Title 38 USC.
Federal agency managers are surrounded by mandates to hire
from certain segments of our population who may be under
represented in the agency. Under the Federal Equal Opportunity
Recruitment Program (FEORP), managers are held accountable for
their hiring of certain minority members. Their performance
evaluations hinge in part on their success. No such provision
exists for the hiring of disabled veterans. Accordingly,
federal managers are not encouraged to recruit disabled veterans.
Additionally, Section 4214 Title 38 USC provides only for
affirmative action. A disabled veteran who believes an agency
has failed to take affirmative action or otherwise discriminated
against him or her has no rights of recourse. We believe in
order for JRDVC to be successful a more meaningful program
with accountability needs to be put into place to ensure federal
managers devote the attention and desire to recruiting disabled
veterans. Additionally, OPM and VA could do more to market the
program. Vocational rehabilitation counselors and vocational
rehabilitation specialists need to do more job development using
all of the tools available to them such as JRDVC, the 30
percent non-competitive appointing authority (Section 3112 Title
5 USC), VRA and others.
267
Disabled American Veterans
to Questions from the Hearing on
Vocational Rehabilitation Program
of May 20, 1993
Page 2
3. We on the Committee have noticed that, in spite of the dismal
timeliness statistics and high drop-out rate, we rarely hear
from veterans expressing dissatisfaction with the Vocational
Rehabilitation Program. Does your organization hear complaints
from veterans regarding Chapter 31? If not, how do you explain
this?
We too, in the DAV, receive few complaints or inquiries
from disabled veterans expressing dissatisfaction with the
Vocational Rehabilitation Program. We believe this is due in
large part to a high frustration level and the need for the
disabled veteran to go out and find a job to support his or her
family.
We believe vocational rehabilitation is not viewed as an
"entitlement" like compensation which puts money directly into
the pockets of service-connected disabled veterans. Because of
the long wait, the disabled veteran probably becomes frustrated
and gives up. We also believe that until such time as a
disabled veteran is actually denied vocational rehabilitation,
he or she doesn't hear from the VA and believes they will be
called when it is their turn.
In all probability, if a disabled veteran calls the VA,
they are told their case is pending and there is a huge
backlog. That probably frustrates the veteran who then decides
to give up.
What is more difficult to explain is why so many drop out
after their first counseling session. I am not sure why this
occurs and I believe it needs further exploration. Perhaps GAO
or the VA should conduct an investigation into the high drop out
rate, both prior to and subsequent to the first counseling
appointment.
4. In its reports on the Vocational Rehabilitation Program, GAO
recommended several administrative changes that could be made to
improve the delivery of services. In your view, which of those
recommendations should be implemented first?
In the GAO report titled "VA Needs to Emphasize Serving
Veterans with Serious Employment Handicaps," GAO makes two
administrative recommendations which could be implemented with
little difficulty.
We agree and support the recommendation that the Secretary
reemphasize "... to VA field offices that disabled veterans with
serious employment handicaps are to be (1) provided special
outreach services and (2) given priority when scheduling initial
counseling and evaluation appointments." As indicated in our
testimony of May 20, 1993, we also believe performance standards
must be in place that ensure accountability in implementing this
recommendation. Emphasis by the Secretary without outcome
measurements would be meaningless.
The second recommendation suggests that "... the Secretary
recognize the additional time required to provide services to
these veterans in the employee productivity standards." It must
be recognized that many disabled veterans with serious
employment handicaps need labor intensive services to become
rehabilitated and successfully employed. Until such time as
that is recognized, we will probably continue to see emphasis
on quantity over quality.
268
Disabled American Veterans
Response to Questions from the Hearing on
Vocational Rehabilitation Program
of May 20, 1993
Page 3
In the other GAO report titled "Better VA Management Needed
to Help Disabled Veterans Find Jobs," four recommendations are
outlined on page 5. We believe if the above-mentioned
recommendations are implemented effectively, the first
recommendation in this report would be taken care of. We
believe the recommendations as sequentially outlined on page 5
are ranked in importance.
QUESTION SUBMITTED BY THE HONORABLE "SONNY" MONTGOMERY
TO MR. CLIFTON E. DUPREE, PVA
SUBCOMMITTEE ON EDUCATION, TRAINING AND EMPLOYMENT
ON VOCATIONAL REHABILITATION PROGRAM - MAY 20, 1993
1. What specific actions should be taken to improve the
relationship between VR&C and Veterans' Health Administration
personnel?
Answer: PVA advocates the need for active participation by VRS.C
representatives in each VA medical center. It is also considered
immensely important that vocational rehabilitation specialists be
a part of the interdisciplinary and patient planning team.
Veterans, particularly those of whom are seriously disabled, should
receive rehabilitative counseling as soon as possible subsequent to
their injury and during treatment.
At a very minimum, VR&C representatives should provide evaluations
of physical and intellectual capacity of veterans while they are
still hospitalized. An early evaluation, assessment and discussion
of a veteran's interests and attitudes will help to facilitate a
more timely and effective plan for vocational adjustment. At the
time of release, veterans should already be headed in the direction
of vocational goals that best reflect their abilities, needs, and
desires. All of these issues should be addressed as a part of a
comprehensive treatment plan which allows veterans to actively
participate in planning their future. Such active participation
will cultivate a sense of esteem that comes with controlling their
destinies and help direct their thoughts toward positive roles in
mainstream society.
2. I understand that under the Job Ready Disabled Veterans
Connection program, which was established jointly by VA and OPM to
place rehabilitated veterans in Federal jobs, only one veteran has
been placed since the program was initiated in 1992. How do you
explain this very poor placement rate? What can be done to improve
the effectiveness of this program?
Answer: According to OPM, since this is a demonstration project we
can't expect quick results. The Job Ready Disabled Veterans
Connection (JRDVC) program is another means for which Federal
employers can identify eligible employees, as you would under other
special emphasis programs such as the Veterans' Readjustment Act
(VRA) and 30% or more disabled veterans program.
However, Secretary of Veterans Affairs Brown, announced that VA
managers are taking steps to increase the number of veterans
employed by the VA, and providing the maximum consideration for
hiring disabled veterans. Other Federal agencies need to place
more emphasis on hiring veterans in general and especially disabled
veterans using the special authority already available to them to
do so.
270
3. We on the Committee have noticed that, in spite of the dismal
timeliness statistics and high drop-out rate, we rarely hear from
veterans expressing dissatisfaction with the Vocational
Rehabilitation Program. Does your organization hear the complaints
from veterans regarding Chapter 31? If not, how do you explain
this?
Answer: One of the most common complaints expressed by seriously
disabled veterans to PVA National Service Officers concerns the
feasibility of training opportunities. It is not an uncommon
practice for counselors to evaluate seriously disabled veterans as
unfavorable candidates for vocational and rehabilitative training.
Seriously disabled veterans are frequently dissuaded by counselors
to seek vocational and rehabilitative training due to the gravity
of their disabilities. The less seriously disabled veterans are
more likely to successfully complete rehabilitative training
because they require less time and effort. Based on this pattern,
one could surmise that the number of complaints regarding
vocational and rehabilitative training is erroneous because the
actual number of complaints does not reflect comments from
seriously disabled veterans.
In commenting on adequacy of the vocational rehabilitation program,
it should also be mentioned that many veterans complain that
completion of the program is of no use if it is not followed up by
aggressive job placement. The most common complaint that has been
echoed is "What good does rehabilitation do if I'm not in a
position to use it?" Many veterans complain they are working in
areas totally unrelated to the field they were trained in.
PVA favors the development of job placement and aggressive
investigation into career opportunities for rehabilitated veterans.
In reference to this problem, PVA refers you to our previous
comments concerning the establishment of a position with VR&C that
would promote job opportunities for those undergoing training or
who have completed vocational rehabilitation.
4. In its reports on the Vocational Rehabilitation Program, GAO
recommended several administrative changes that could be made to
improve the delivery of services. In your view, which of those
recommendations should be implemented first?
Answer: Identifying disabled veterans, and making sure the needed
outreach and assistance is provided on a priority basis. Providing
follow-up counseling as necessary to ensure the veteran has the
opportunity to finish the vocational rehabilitation program.
The VA should establish a means to identify why a veteran drops out
of vocational rehabilitation. Specific information on why veterans
drop out could help VR&C identify areas in which to improve
services to veterans.
271
Chairman Montgomery to Veterans of Foreign Wars
1 . What specific actions should be taken to improve the relationship between
VR&C staff and Veterans' Health Administration personnel?
Under the present system there is not much more that can be done. Generally
speaking, there is very little interchange between VR&C and VHA because a
determination for vocational rehabilitation entitlement is not made until after the
compensation examination has been completed and after a service-connected
rating has been rendered by the Veterans Benefits Administration's (VBA) rating
board.
Based on the above cited procedure it would be presumptuous of VHA's medical
examiner to give an opinion of whether the veteran is a candidate for vocational
rehabilitation training with the possible exception of an obvious physically
disabled veteran. However, the VFW believes such a medical "opinion" regarding
further training would certainly assist the counseling psychologist who has the
final responsibility to make such a determination.
I understand that under the Job Ready Disabled Veterans Connection
program, which was established jointly by VA and OPM to place
rehabilitated veterans in Federal jobs, only one veteran has been placed since
the program was initiated in 1991. How do you eaxplain this very poor
placement rate? What can be done to improve the effectiveness of this
program?
The VFW is at a loss to explain why OPM has been able to place only one
disabled veteran into a federal job during the past two years. We respectfully
suggest that VA and OPM are in a better position to present the facts and
circumstances of this joint program.
We on the committee have noticed that, in spite of the dismal timeliness
statistics and high drop-out rate, we rarely hear from veterans expressing
dissatisfaction with the Vocational Rehabilitation Program. Does your
organization hear complaints from veterans regarding Chapter 31? If not,
how do you explain this?
It is a fact that the timeliness in all aspects of VBA and VHA form processing is
abysmal. However, the VFW has no immediate record of specific complaints
regarding the Vocational Rehabilitation Program (VRP).
A facet of this overall problem involves the veteran's economic situation.
Specifically, many disabled veterans who are in a job training program will drop
out of this program at a point when they feel that they are sufficiently trained to
enter the job market. This raises the two important questions of:
- are veterans cheating themselves by dropping out before the
training program is completed and/or;
— is the training program too long?
It should be recalled that in the first instance the veteran trainee is carried in VRP
in an "interrupted" status while he is employed.
A suggestion to possibly speed things up within V&RC itself would be to have
the counselling psychologists eliminate their lengthy, expensive presentations and
adopt a structured format such as that currently used in C&P examinations to meet
the requirement of the Automated Medical Information Exchange (AMIE).
272
In its reports on the Vocational Rehabilitation Program, GAO recommended
several administrative changes that could be made to improve the delivery of
services. In your view, which of those recommendations should be
implemented first?
The VFW believes the very first change that should be implemented deals with
VA reviewing the performance standards presently established for the VRP and
determine whether services to veterans can be improved by establishing a realistic
performance measurement system, such as benchmarking, that clearly focuses on
the program's objectives and continually measures progress toward achieving
them.
In other words, this recommendation is asking VA to take a step or two back and
look at this program objectively with the view of improving upon their past
practices. This complete recommendation is found on page 28 of report number
HRD-92-100, September 1992.
Although not called for in this question, the VFW feels professionally obligated to
add its own "top priority" action regarding VRP. We firmly believe VA should
terminate actions outlined in section 1524, Chapter 15, USC. This deals
specifically with determining whether a seriously disabled nonservice-connected
veteran who is under the age of 45 should be considered for a vocational
rehabilitation program. This optional program has turned out to be very time
consuming and costly when we note that only 3 percent of these veterans
ultimately find jobs.
However, this category of veterans still has available through Department of
Labor and the respective individual states the Disabled Veterans Outreach
Program (DVOP) specialists, who do act as a conduit to assist disabled veterans in
finding a level of employment that will be satisfactory to the veteran and the
employer.
71-902 0-93 (276)
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