S A M P L E

V O C

R E H A B

G U I D E

D ISABLED V ETERANS

r e de e mi n g th e p r omise of a s quar e deal

ORG

Questions? Just email Ben: help@disabledveterans.org

GREAT! Youre here. And if youre anything like me, youre probably wondering what on earth you can do with this guide since its a sample. Dont worry, theres enough strategy in here to make it worth your time to read. ! * Here is what you downloaded:

1. This sample will help you prepare for your rst appointment with a Vocational Rehabilitation Counselor. Pages 1-8 will put you in the VA mindset - youll know the enemy.

2. It will help you prepare for your rst appointment with a Vocational Rehabilitation Counselor, from pages 9-11.

3. Youll also learn the basic types of formal and informal denial types Chapter 31 might throw and a basic appeal template on pages 14-22.

This will take you back to our store if youd like to buy a copy after reading.

4. Lastly, I included pages from other guides on Voc Rehab that are online and free. While the best advice is rarely free, there are some good tidbits within these documents. See pages 24-26.
Brought to you by Armo Press, LLC

BUY NOW

Voc Rehab Strategic Guide

From Application to Denial and Back
eBook: Appeals Guide 2011

Our Disclaimer This self-help guide is provided to you to describe general processes and procedures that occur during the application for benets from the Department of Veterans Affairs System. Any author you nd here is not providing you with legal advice. Any information provided by this site or any contributor to this site is not intended as and should not be construed as legal advice. You should always consult an attorney to help answer specic questions regarding how V laws apply to you and/or your situation. The summaries provided here are A incomplete, and the DV laws and regulations are subject to change. We do not guarantee and we are not liable A for the accuracy or completeness of any of the information provided, or any results or outcome as a result of the use of this information.

Get your ideal training Page Voc Rehab Facts! Essentials Summary! 1: Decide to win! 2: Find a great career! 3: Pick training options! 4: Know the rules! ! ! ! ! ! 2 6 8 9 11 12 14 18

How to appeal Get Your File! Counselor Emails! Appeal Types! Template Use! Templates!

! ! ! ! ! !

Page 24 25 27 29 30 30 35 39 44 ! 49 54

1: Appeal Initial Denial! 2: Get more than an A.A. Degree! 3: Change your training goal ! 4: Get more school!

5: VA Appeals decisions! ! 6: Make your plan!

1

5: Get advanced degree! 6: How to move!

Voc Rehab 101

The only comprehensive guide to Chapter 31
Why you need this guide

This sample guide is designed to give you some of the information you need to execute a well formatted claim for benets that could get approved the rst time around. Appeals take forever. Ensuring your claim does not make it into the round le (garbage can) is vital for success.

According to the Dept. of Veterans Affairs, most disabled veterans apply for Chapter 31 benets without any understanding of what the program can do or whether or not they are qualied. Vocational Rehabilitation 101 will give you the tools you need to get the benets you deserve.

Introduction: How Can You Know What You Do Not Know "A man who is good enough to shed his blood for his country is good enough to be given a square deal afterwards. More than that no man is entitled, and less than that no man shall have." ~ Theodore Roosevelt, 1903 I wrote the rst version of this guide during my rst year of law school. After publishing The Truth About Voc Rehab, over 200 veterans emailed me with questions and comments about the program. The big problem? Many vets have no idea what the program can do for them. They had the same problem I had during my rst meeting. If you dont know the rules, you cant play by them. And, those same rules can be used against you. Just look at the condition our country is in nancially. Banks are foreclosing on houses they
2

never even owned. Farmers are run out of business by Big Agras lawyers. The problem? The bankers and businessmen know how to play the game. Hell, most Americans are nally waking up to the reality that it really is a game. Now its time for you to wake up and get ready to get those benets you deserve. In reading through the guide, take note between the information Vocational Rehabilitation supplies you with, VetSuccess.gov., compared to this guide. Does their information answer: What can I fully expect and accomplish with the program? What training can I receive? What are the regulations? What have others done? It provides no answers. Just trust the VA to do its best. Youre here because you know better then to trust the system. Keep reading.

Vocational Rehabilitation 101 Summary

Chapter 31 Facts: things you need to know rst.
Every hour, 6 veterans drop out 82 percent of disabled veterans fail to complete the program every year You are an expense to the program Counselors are trained to keep expenses low Vocational Rehabilitation Counselors are overworked, managing over 100 veterans cases on a daily basis

Lesson 1: Decide to win. Its the well prepared disabled veterans who win at Voc Rehab. This lesson will cover:
Orientation to the right mindset How to develop your playing eld Overview of what needs to be done for success

Lesson 2: Find your dream job. Many of us have no idea

what we want to do after the military. This lesson will cover:
Brainstorming techniques Ideas on what Chapter 31 has done for other veterans

Lesson 3: Identify the path for your goal. Here is how to

research your way to a new career through Chapter 31. This lesson will cover:
Where to research careers What Voc Rehab Counselors will expect from your plan How to make those pieces t your playing eld

Summary Continued
Lesson 4: The VA Regulations. This lesson will cover:
Where to nd the regulations Which ones are pertinent to the rst stages of the process How to understand the regs

Lesson 5: VA Appeals Cases. These will show you how veterans have erred in the past. This lesson will cover:
Where to nd appeals cases How to benet from the mistakes of other veterans How to interpret errors made by Voc Rehab to your advantage

Lesson 6: Make your plan. You now have a lot of data and information. This lesson will cover:
How to take the data and make it apply to you What is important for the counselor to know about your training program Research techniques for colleges or business training

Lesson 7: Rene your presentation. Almost home. This lesson will cover:
How to make your presentation attractive Summarization techniques that work KISS: Keep it simple stupid - A refresher to the cliche

Vocational Rehabilitation & Employment: The 30,000 Foot View

$717 Billion Cost to taxpayers for caring for the Disabled Veterans returning from the current wars in Iraq and Afghanistan.
The Three Trillion Dollar War

Facts Sheet
VR&E Unprepared Eighty percent of VR&E ofces admitted in 2009 that they are not ready to deal with the needs of future veterans. Twelve percent claimed to be totally unprepared. Page 2 Discrimination Still seen as area needing improvement within the VR&E Counselor ranks. Page 4

Benets Restriction Be on the lookout for future administrations to continue to view Veterans Benets as a source of decit spending reductions.

-Joseph Stiglitz Economist Nobel Prize Winner

Basic Facts
The purpose of this facts sheet is to provide newcomers an opportunity to understand the issues within the Vocational Rehab system when requesting benets. Recalibrating expectations can improve the claimants chances of receiving appropriate benets. Its important for veterans to read what the V claims about itself. The A following pages are mainly direct quotes.

Data Sources This paper collates data from 4 primary sources: 1. The Vocational Rehabilitation & Employment Program for the 21st Century Veteran, 2004.

NUMBERS BREAKDOWN
Annual Budget! Veterans in VR&E! Regional Ofces! $720,000,000 95,000 54

2. Audit of Vocational Rehabilitation & Employment Program Operations, 2007 3. 2007 Veterans Employability Survey 4. VA Vocational Rehabilitation and Employment: Better Incentives, Workforce Planning, and Performance Reporting Could Improve Program (VERS), 2009 Summaries of these audits are provided on the following pages by the year each was performed.

New Applicants ! 65,000 Yearly of those 18% Will Complete Program Every hour 7 Veterans apply 1 Will be rehabilitated 6 Will drop-out Average cost per drop-out $3,200 Times 51,000 yearly drop-outs $162,000,000 in Taxes*
*Based on extrapolated statistics : 2007 Veterans Employability Survey

The VA has admitted it is largely unprepared to help with the new challenges faced by disabled veterans coming back from the Middle East.

2004 VR&E
In 2004, the V did an audit of the Chapter A 31 Vocational Rehabilitation and Employment Program. The audit was performed in order to assess the systems ability to adapt to issues vital to the 21st Century. The following are direct excerpts from that report. VR&E Service Has Not Been a Priority Over the past decade, the Veterans Benets Administration (VBA) has reduced its focus on the ultimate VA mission of returning veterans with service-connected disabilities to the workforce and the preeminent role of vocational rehabilitation in achieving that goalThese deciencies have led to inconsistent administration of regulations and policies, lax standards of practice and protocols, ineffective oversight of contract services, concerns about data and scal integrity, training that is not comprehensive, limited use of technology solutions, and a weakened CO staff tasked to perform program management and oversight functions. Workload Is Undercounted At present, the number of unique veterans being served in some capacity during a scal year is not reported. Summary In general, the current VR&E service delivery system is out-of-date, data poor, and understaffed to meet the needs of todays veterans with serviceconnected disabilities.

2007 VR&E
This audit was followed by a subsequent Employment Survey. The VR&E Program recently changed the way it reported it Success Rate to Congress. The shell game gave ofcials a false understanding of the health of the program. The following are highlighted quotes. Success Rate Incongruity In FY 2006, VA reported a rehabilitation rate of 73 percent in its PAR. VA excluded veterans who discontinued participation in the program without implementing a written rehabilitation plan, although they represented the majority of veterans served by the program... When the rehabilitation rate is calculated with all veterans who participated in the VR&E Program, the rate would be 18 percent. As a result, decision makers and VA stakeholders, including Congress and veterans, may not have been aware of the overall performance of the Chapter 31 program. VA Spending on Discontinued Veterans

2009 VR&E
The 2009 audit sought to address and inspect the VR&E ability to adapt to current trends and issues relating to disabled veterans returning from the Middle East. It found that VR&E Counselors were reporting that they lacked the manpower and training to respond appropriately with the new issues veterans face. Service-Delivery Problems Ongoing Over the past 25 years, the reviews generally concluded that the program had not fullled its primary purpose, which is to ensure that veterans obtain suitable employment. On Hiring and Staff Skills In terms of staff shortages, more than half of all 57 regional ofces said they have fewer counselors than they need and more than a third said they have fewer employment coordinators than they need.

Exacerbating these staff shortages is the fact that staff time may not be used Our review of 1,377 case les for vet- efciently... In terms of skill shortages, almost one-third of the regional ofces erans who were rehabilitated or discontinued during the rst 11 months of reported that the skills of their counFY 2006, showed that 1,136 (82 percent) selors no more than moderately meet the needs of the veterans they serve had discontinued their participation and almost one-third reported the without being rehabilitated. same for their employment coordinaAccording to CWINRS and BDN, VA tors. spent about $3.7 million, an average Future Issues cost of $3,218 per veteran, on discontinued veterans in our sample. Moreover, 80 percent of ofces said VR&E was somewhat or less prepared to meet the needs of veterans in the future, and, of these, 12 percent reported VR&E was unprepared.

According to the data provided by the previously cited studies, future disabled veterans can expect to experience ongoing conicts in obtaining their benets. In order for the VR&E Program to fulll its purpose, the delivery of services to veterans must be improved. The 2007 VERS ndings suggest that the things VR&E is currently doing well with successful program completers are the items that may provide the best insights for improv-

ing the experience of those now interrupting or discontinuing programs. The ability to make holistic evaluations of each applicant that result in a customized, written and well-communicated program designed to address each veterans needs, interests and abilities is at the crux of overall improvement. The enigma for the VA is how to accomplish a customized program quickly without huge increases in time and cost. The report further recommends: VR&E counselors should be more involved in research to identify education and training opportunities for participants. Forty-eight percent of participants reported that they were required to research schools for education/training programs on their own. Effective communication of VR&E program qualications, requirements and purpose is critical to success. There is a

strong positive relationship between those who completely or mostly understood program requirements and purpose at the time of application and successful program completion. The incorporation of clear, concise and correct information at every communication point may improve VR&E success rates. Any risk management plan developed for VR&E should include the discrimination elimination steps as a major focus. Discrimination rates in age, gender, race and disability categories, although low (4 to 10.5 percent), are unacceptable. Concentrated efforts to address the underlying causes and implement plans to prevent future discrimination are mandatory. Every aspect of the VR&E program should be included in evaluation and mitigation processes to eliminate discrimination at every stage.
8

New Updates to Chapter 31 Training Track Options

The CFR governing decisions relating to Vocational Rehabilitation and Employment is updated on a regular basis. Recently, major changes were implemented within the area of Self Employment and Retroactive Induction in Vocational Rehabilitation. These are very signicant changes, (Federal Registrar on eDocket, 2010) 1. Self Employment was previously an option reserved for only the most severely disabled veterans who were mainly prevented from nding employment. It appears the regulation was loosened to allow other disabled veterans access to this opportunity where the option is considered feasible. Retroactive Induction has been included within 38 CFR Part 21.282. Now, the VA will be able to retroactively approve a period of training beginning from the point at which the veteran was determined to have a entitlement to disability compensation. If the veteran meets the requirements of entitlement under Chapter 31 from that point of entitlement, the VA can authorize reimbursement for all expenses incurred or charged to the veteran while the veteran was pursuing a program that is reasonable in nding and maintaining employment.

2.

The Promise to all U.S. Troops

to care for him who shall have borne the battle, and for his widow, and his orphan Abraham Lincoln
call him Bill and follow him for the duration of this guide: Ben, I just wanted to let you know that I was accepted into the program. The case worker said that I was one of the most prepared and organized applicants that she has seen. ( All thanks to you for that). She proposed that I work on researching a degree in Social work since I listed that as an interest. The VA form 28-8606 she gave me states MSW as the proposed program. I was in shock of the whole situation and did not think to ask her about how long my entitlement was. I have researched MSW before and know that it could take six years to complete. Well, I just wanted to let you know how it went and say thank you again. Bill

Essential 1: Decide to Win

You are entitled to a Square Deal. I am here to help you get it. The main path to a Square Deal for many of us can be Vocational Rehabilitation, but the path is anything but direct. In fact, it is more like a football game than a walk in the park. You need the eyes of a quarterback and the guts of a tackle to reach your goal. In Voc Rehab, its the persistent and well-prepared veterans that win. The qualied veterans who give up, lose. Dont give up. Instead, prepare for the game. Decide to win. Bills win. Vocational Rehabilitation and Employment (VR&E) is the chance of a lifetime if you get it right the rst time. Some time ago, I received the following letter from a veteran who followed my advice. We will

Bill got it right. He will get 72 months of benets, two years more than the published 48 month maximum. How? He knew his opponent and seized the opportunity to win. Seven lessons until game day. We will call these the Seven Essentials to your Voc Rehab win. Your rst meeting with Voc Rehab is perhaps the most important meeting of your life. It is game day in spades. What is at stake? The rest of your life. A successful result could allow you to complete a professional degree such as MD, JD or MBA. Or, it could allow you to study something youre passionate about like social work, theology, journalism, construction or plumbing. After you complete the online application on the Department of Veterans Affairs site, you have a couple weeks to prepare for game day, your rst meeting. Ive written Vocational Rehabilitation 101 to help you prepare. For every lesson, there will be tasks to complete. This is the rst. Your rst meeting will either be the kick-off to a life you want or a loss youll regret. It is up to you. Decide to win and back up your decision by getting to know your opponent and adopting a set of strategic attitudes. Before most college and professional football games, scouts are sent out to learn about the strategies and capabilities of the opposition. I am your scout, having faced the opponent numerous times. This is my report you should choose to follow for a game day victory. Know your opponent. To win, you need to know your opponent. Here are ve things to know about the VA: 1." The VA, like any large bureaucracy, talks out of both sides of its mouth. One side is promising you benets and the other side is saying you cant have them. This is similar to insurance companies that say you have coverage but then deny it when you need it. 2." The VA is all about preventing unnecessary spending. To them, reducing costs is a big deal. And yes, you are a cost.

3." Voc Rehab failed its own audit conducted by the VA VR&E Task Force. It has failed this same audit for almost 30 years (DVA, 2004): Total Voc Rehab funding divided per veteran in program over $30,000. 82 percent of all qualied veterans starting the Voc Rehab process will not nish. 66 percent of surveyed veterans report a bad experience with VR&E. The audit concluded, In general, the current VR&E service delivery system is out of date, data poor, and understaffed to meet the needs of todays veterans with service-connected disabilities. 4." The national average for completing college is double that of VR&E college bound participants. 5. " Not all Voc Rehab Counselors (VRCs) are created equal. They all have too big a caseload. Some handle it well and others do not. We will talk more about this in upcoming chapters. Adopt strategic attitudes. In life, there are no guarantees, but going into the game with your head on straight will improve your chances. Prepare yourself to win by adopting the following attitudes. Print them out and learn them. Make them yours. Be proactive. You do not want to get tangled up in the land of appeals and poor guidance. Be your own best friend and advocate. Know its not about you. The problems you will encounter existed prior to your involvement. It is not your fault and has nothing to do with you. Remember this when you get frustrated or upset. Use honey, not vinegar. You know how the saying goes, It is easier to attract ies with honey than with vinegar. The ies are your benets. Dont lose sight of the goal. Care more than they do. You will be the one who cares the most about your case and therefore you are the one who will have the most passion about it. Dont get me wrong, many VRCs care deeply, but still you must care the most.

10

Manage your own case. This is a process you will need to manage because they may not have the time to do it for you. Yes, it is supposed to be their job but it is your life. No one else will need to walk a day in your shoes but you. Dont assume it will be done right and on time. Unfortunately, it is not realistic or in your best interest to make this assumption. Look over every document you receive with a ne toothed comb before signing anything. Begin today. The game is on. The win is yours if you are qualied and play it well. Prior to enlistment, recruiters made promises to us. Some came true and others had as much truth to them as those spewed by a used car salesman wanting to ofoad that dusty jalopy in the back lot. For you, my friend, a special car at a special price. Yeah, right.

I want to help you get it right so you can come out the other side with the prize you were promised. Your rst, and most important, task is to decide to win. Ready? The balls been passed to you. Next Essential: Tap into your purpose. Well look at ways to sort out your purpose and what you want to make of it. DVA. (2004). The Vocational Rehabilitation and Employment Program for the 21st Century Veteran. Retrieved May 4, 2007, from Department of Veterans Affairs. Web site: http://www1.va.gov/op3/page.cfm?pg=22 GAO. (2003). College Completion. Retrieved May 31, 2007, from United States General Accounting Ofce. Web site: http://www.gao.gov/new.items/d03568.pdf

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PAGES 12 TO 20 OMITTED FROM SAMPLE

D I S A B L E D V E T E R A N S d o t O R G

Appeals Templates
Ideas for Denials
eBook: Appeals Guide 2010

Our Disclaimer The VetSet is provided to you to describe general processes and procedures that occur during the application for benets from the Department of Veterans Affairs System. Any author you nd here is not providing you with legal advice. Any information provided by this site or any contributor to this site is not intended as and should not be construed as legal advice. You should always consult an attorney to help answer specic questions regarding how V laws apply to you and/or your situation. The summaries provided A here are incomplete, and the DV laws and regulations are subject to change. We do not A guarantee and we are not liable for the accuracy or completeness of any of the information provided, or any results or outcome as a result of the use of this information.

Cont en ts Summar y Get Your Fi le! C o u n s e l o r E m a i l s! Appeal Types! Te m p l a t e U s e! Te m p l a t e s! 24 25 27 28 30-58

If you bought this guide, youre likely confused about how to get your counselor to agree with your desired goals.

Stage 1 letter to your counselor Dear Such and Such, I request an Administrative Review of the decision made by counselor X. His decision was (ll in the blank), on Month XX, 20XX. I disagree with this decision because (ll in the blank). My goal is to (ll in the blank). I believe this is feasible because (ll in the blank). In summary, (summarize your issue and claim). Sincerely, John Q. Veteran
Seem too simple? If you think the process is more complicated than a 5 or 6 sentence letter, youre right. Keep reading.

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Topic 1: Appeal Initial Denial"

Pg. 30-34 Topic 5: Get advanced degree"Pg. 49-53

The Voc Rehab guide for a disabled veteran's Initial Denial. Don't stop with the rst roadblock your Voc Rehab Counselor may throw in your way.
Topic 2: Get more than an A.A. Degree" Pg. 35-38

I have received numerous emails from veterans after they realize they were duped into an associates degree or tech training when they wanted a 4 year degree or master's level training. Disabled veterans, don't be fooled by Voc Rehab. Fight back.

Applying for further benets could be the answer to getting the training disabled veterans need to achieve the career of their dreams. Voc Rehab could approve airline pilot training, law school, medical school, MBA, teaching degree and more.

Topic 6: How to move" " Topic 3: Change your training goal" Pg. 39-43

Pg. 54-58

This guide instructs disabled veterans on how to negotiate with their Voc Rehab Counselor for a training program that better ts their new interests.
Topic 4: Get more school" " " Pg. 44-48

You have 1 year from the date the Voc Rehab Counselor declared you to be rehabilitated to appeal that decision. This holds if you did not nd work or only found work in an unrelated eld to your IWRP.

Voc Rehab Counselors generally claim they do not have to approve a program that was already approved in another state. Learn the truth about this Voc Rehab claim and how to protect yourself if you need to move or change schools after signing the IWRP.

your counselor out. Likewise, you cannot let the regulations I know what youre thinking, I hit you. Instead, you must dance You are likely the recipient of a want whatever this guy is smok- between the regulations and enrecent denial for benets from ing. While Im not much for sure that the facts of your case Vocational Rehabilitation. There are sharing, Ill talk a little about the can clumsily t with what your a few different ways in which metaphor. Here we are with counselor thinks. Hence the counselors deny veterans. Sumo Polka. There is a circle Sumo Polka metaphor. Its not Sometimes its through letters. and two entities in the ring: you pretty, so put on your steel-toed Sometimes orally. Sometimes its and a counselor. The counselor dancing shoes. via email. Anyway you skin it, its will use regulations to ensure This template will help you una denial and you need to advocate youre supposed to be in the derstand how to structure your for your position. ring in the rst place. If you get situation to help you stay within hit with a regulation, itll push that circle and polka with you out. Unlike sumo wrestling, your counselor. Sumo Polka requires both parties to stay in the ring for sucIt doesnt need to be pretty. It cess. You dont want to push just needs to work.

Now What?

Time for Sumo Polka

22

Types of Denials
The sumo - veteran dance begins.

A denial is a basic decision that tells the veteran he or she is not eligible for the benet requested.

1.

Oral Denial

2.

Written Denial

Via phone In person

Ofcial letter Email

1.

When you receive an oral denial with no follow-up denial letter from a Voc Rehab counselor, it is possible the counselor was trying to put off your issue rather than resolve it. Heres the hitch...

2.

In order to appeal, you need an actual denial from the VA. Follow-up any oral denial with a written letter mailed to your counselors attention via certied mail with return receipt. In the letter, summarize what the counselor told you.

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PAGES 24 TO 53 OMITTED FROM SAMPLE

The Regulations at Work

The fundamental player in the template below is 38 CFR Part 3.104-5. This regulation outlines the conditions necessary for the V to A change or terminate a veterans training plan against the will of the veteran.
" The following page includes a legal nding from the Board of Appeals concerning a veterans rights relating to IWRP training plan termination before completion. " Recently, the VA has been experiences an uptick in the number of veterans applying for comp & pension benets as well as for Vocational Rehabilitation and Employment. These upticks were unforeseen

and not budgeted for prior to the wars in the Middle East and the VA system is overburdened. " Current VA policies relating to Chapter 31 benets are becoming tighter. Veterans with higher rated disabilities are being discriminated against with the claim that veterans with higher ratings have lower success rates. This is not actually accurate, but it is the basis on which the VA making decisions in current ofces. " Chapter 31 is a program designed to help veterans get the training they need to nd employment. Keeping that in mind, regardless of whether a veteran is 20 percent or 100 percent, they all deserve the opportunity to obtain the skills necessary to have suitable employment. Unfortunately, the VA bean counters are cutting expenses be deciding who gets a second chance and who does not. " If youre a veteran currently with an active IWRP, but who recently received a rating increase or have changed ofces or counselors, youre probably reading this after being notied that the VA may terminate your program. That is not exactly possible once a decision has been rendered unless your conditions have gotten worse in such a way that will make your current goal impossible to compete. " You cannot have your program canceled without being afforded due process, as outlined by 38 CFR Part 21.420. Further, there are numerous other steps the VA must follow once a veteran is given a formal IWRP. This is the background for the template.

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C I T A T I O N N R : 0 0 0 4 1 0 3! D E C I S I O N D AT E : 0 2 / 1 6 / 0 0 DOCKET NO. 97-32 085 THE ISSUE W H E T H E R T H E J U N E 3 , 1 9 9 7 V O C AT I O N A L R E H A B I L I T A T I O N P L A N WA S VA L I D , A N D ENTITLED TO ENFORCEMENT. FINDINGS OF FACT 1. The appellant completed a vocational rehabilitation and education course in nursing in 1994. 2. The appellant lost her job as a nurse in 1996; her service-connected psychiatric disorder was increased for 50 percent to 70 percent by rating action in October 1996. 3. The appellant applied for vocational rehabilitation to the Phoenix RO in November 1996; the Phoenix VR&C completed a Rehabilitation Plan for the appellant, dated June 3, 1997. 4. The Oregon RO refused to implement the Phoenix plan, and requested that the appellant undergo further counseling, which the appellant refused. 5. The Oregon RO did not submit any proposed revision to the Phoenix Plan to the VA Central Ofce based on difference of opinion. CONCLUSION OF LAW The June 3, 1997, Vocational Rehabilitation plan was valid and enforceable. 38 C.F.R. 21.80-21.84, 21.414 (1999). A decision of a duly constituted rating agency or other agency of original jurisdiction shall be nal and binding on all eld ofces of the Department of Veterans Affairs as to conclusions based on the evidence on le at the time VA issues written notication in accordance with 38 U.S.C. 5104. A nal and binding agency decision shall not be subject to revision on the same factual basis except by duly constituted appellate authorities or except as provided in Sec. 3.105 of this part. 38 C.F.R. 3.104(a) (1999)...

Regulation Excerpt from e-CFR on GPO Access 38 CFR Part 3.104 Finality of decisions. (a) A decision of a duly constituted rating agency or other agency of original jurisdiction shall be nal and binding on all eld ofces of the Department of Veterans Affairs as to conclusions based on the evidence on le at the time VA issues written notication in accordance with 38 U.S.C. 5104. A nal and binding agency decision shall not be subject to revision on the same factual basis except by duly constituted appellate authorities or except as provided in 3.105 and 3.2600 of this part. (b) Current determinations of line of duty, character of discharge, relationship, dependency, domestic relations questions, homicide, and ndings of fact of death or presumptions of death made in accordance with existing instructions, and by application of the same criteria and based on the same facts, by either an Adjudication activity or an Insurance activity are binding one upon the other in the absence of clear and unmistakable error. 3.105Revision of decisions. The provisions of this section apply except where an award was based on an act of commission or omission by the payee, or with his or her knowledge (3.500(b)); there is a change in law or a Department of Veterans Affairs issue, or a change in interpretation of law or a Department of Veterans Affairs issue (3.114); or the evidence establishes that service connection was clearly illegal. The provisions with respect to the date of discontinuance of benets are applicable to running awards. Where the award has been suspended, and it is determined that no additional payments are in order, the award will be discontinued effective date of last payment. (a) Error. Previous determinations which are nal and binding, including decisions of service connection, degree of disability, age, marriage, relationship, service, dependency, line of duty, and other issues, will be accepted as correct in the absence of clear and unmistakable error. Where evidence establishes such error, the prior decision will be reversed or amended. For the purpose of authorizing benets, the rating or other adjudicative decision which constitutes a reversal of a prior decision on the grounds of clear and unmistakable error has the same effect as if the corrected decision had been made on the date of the reversed decision. Except as provided in paragraphs (d) and (e) of this section, where an award is reduced or discontinued because of administrative error or error in judgment, the provisions of 3.500(b)(2) will apply. (b) Difference of opinion. Whenever an adjudicative agency is of the opinion that a revision or an amendment of a previous decision is warranted, a difference of opinion being involved rather than a clear and unmistakable error, the proposed revision will be recommended to Central Ofce. However, a decision may be revised under 3.2600 without being recommended to Central Ofce.

VEIW THE WHOLE CASE HERE

55

Get a hand up, not a hand out

Learn strategies and techniques to advocate for yourself because no one will care more about your case than you.
To understand the template fully, youll need to know the background in that particular situation. Read closely and modify the template as needed. In this situation, the veteran was notied orally that his new counselor intended to terminate his program because the veteran had recently received an increase in disability compensation from 90 percent to IU. While the veterans compensation has increased, his situation and actual disabilities were the same. The veteran stood an equal chance of completing the training program and had received approval from the previous counselor. In a case like this, the matter at issue is a Difference of Opinion. As such, there are certain things the VA must comply with to change a previous award. The veteran must rst be notied in writing of the adverse action. Then, the VA Central Ofce is given authority over the matter and will render a decision based on the Statement of Claim that VR&E will provide. The issue is whether or not the veteran will be able to complete the training program and nd employment. If the veterans stands an equal chance of completing the program, it is likely that the Ofce will allow the veteran to proceed. In this case, the veteran was not afforded his rights to Due Process, an important right that the VA tries to forget they are required to provide us with.

56

Name (Insert Address) (Date) (Counselor Name) Department of Veterans Affairs (Address) Re: Termination of Chapter 31 benets Dear (Insert Counselor Name):

Template

I wish to le a Notice of Disagreement pertaining to the March 2010 decision to terminate my IWRP and Chapter 31 benets without affording me Due Process, per the M28, and without referring this change based on a difference of opinion to the Central Ofce, as outlined in 38 CFR Part 3.105. During our last meeting, you informed me that you were going to terminate my program of training. The basis for this decision was because of a crackdown on veterans using Chapter 31 who also have an IU rating. Further, you stated that your regional ofce has never had a person go off of IU following completion of Chapter 31. And, lastly, that Vocational Rehabilitation and Employment no longer wishes to waste money on these veterans. According to 38 CFR Part 21.420, I am to be afforded a letter in writing of an adverse action, such as program termination. As I understand it, this letter shall contain the following: the nature of the decision the effective date of the decision the reason(s) for the decision the evidence that was considered, and the right of the individual to " -present new evidence, " -request a personal meeting, and " -to have representation. At this point, I have received no such letter. I do not believe I have been provided my rights to Due Process as outlined within the M28 and the 38 CFR Part 21. In my situation, my disability rating has been stable at 90 percent since I was allowed into the program. Recently, I applied for an IU. It was granted. My last counselor was aware of this change and supported it. He did not terminate my program. During this time, my disabilities have remained constant, only my rating has changed to reect my personal situation more acutely. These conditions were present while the VA and I jointly developed my IWRP.

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I have been previously found to be entitled to Chapter 31 benets. I have a signed IWRP and have been cooperating with the goal. Now, it appears you are stating that there is a difference of opinion with my original IWRP goal. In reading an Appeal Citation Nr: 0004103, I am unclear as to what the intent or direction is of this past conversation in light of the law and the Board of Veterans Appeals. As I understand it, A decision of a duly constituted rating agency or other agency of original jurisdiction shall be nal and binding on all eld ofces of the Department of Veterans Affairs as to conclusions based on the evidence on le at the time VA issues written notication in accordance with 38 U.S.C. 5104. However, a revision can be made in the event of the following: " (a) Clear and unmistakable error, Sec. 3.105(a); " (b) Difference of opinion, Sec. 3.105(b) I have not been told that a CUE exists in my le. This leaves the latter. To that end, Whenever an adjudicative agency is of the opinion that a revision or an amendment of a previous decision is warranted, a difference of opinion being involved rather than a clear and unmistakable error, the proposed revision will be recommended to Central Ofce. 38 C.F.R. 3.105(a)(b) (1999). I have not been informed of the Central Ofce being notied of or involved in this process. In conclusion, I have cooperated with the IWRP development process. Since its development, I have been in compliance with all requirements for successfully competing my program. I intend to complete this training and nding employment. From that point, after 12 months, I am aware the VA may reevaluate my IU rating and reduce my entitlement. Regardless, it is my intent to nd suitable employment when I am rehabilitated, per 38 CFR Part 21.283. I am awaiting your timely response and formal notication of adverse action. Sincerely,

(Name & Signature)

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In Appreciation
To the people who have helped to build this project from a twinkle in the eye to a useful tool that liberates and empowers veterans throughout the U.S. and the world.

A special thanks goes out to all the military and veterans who sacriced everything to ensure we keep the freedom to be critical of our government when necessary. Your sacrices have not been forgotten.

The Armo Press, LLC Endeavor

What started from the prodding and goodwill of Veterans Advocate Jim Strickland has become a resource for thousands of disabled veterans trying to navigate the rules and regulations of the VA to get the benets they deserve. The goal of Armo Press is to empower all veterans with the knowledge and self-training necessary to advocate for themselves. Armo Press is an LLC that uses a two pronged approach to educating veterans. The rst is using modern media and publishing outlets to inform and educate veterans as to their rights and opportunities. The second, and yet forthcoming, is the development of Veterans Advocacy Centers throughout the U.S. at each and every law school, so that no veteran will go without. It is through this strategy that Armo Press hopes to drive itself out of business. Armo Press is currently self-funded by the founder, Ben Krause. While there are obvious limits to this approach, it has still provided the means to touch the lives of thousands. In the future, it is the hope of Armo Press to receive donations and government contracts that will provide the necessary revenue to fulll the intention of Armo Press, that being to eradicate the issues that have made its development necessary at this point in the countrys history.

Advisors
Andreas Loefer Action Coaching Business Consultant Jan Black Quiddity Intellectual Property Developer Scott Peters Ideas Evolving Chief Collaboration Ofcer

Support
Joseph Wanka Web Master & Usability

Contributors
Jan Black Ray Ferns Quiddity Restorative Correctional Services

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Benjamin Krause, 9/09. help@disabledveterans.org

Free Guides Also Cover Voc Rehab

Review from Armo Press

Excerpt from pages 207 & 208 of:

The American Veterans and Servicemembers Survival Guide

By Veterans for America

Vocational Rehabilitation and Employment (VR&E) Program This program helps veterans with service-connected disabilities prepare for and find jobs within their physical, mental and emotional capabilities. Check out: www .wba.va.gov/bin/vre. Eligibility: VA service-connected disability rated at least 20 percent with an employment handicap or rated 10 percent with a serious employment handicap. Must be discharged from military service under other than dishonorable conditions. The VA pays the cost of services and a living allowance. Generally you must complete your program within 12 years from your date of discharge from active duty or within 12 years from the date the VA notifies you about your service-connected disability. If you have been unable to enter or continue a training program because of medical problems, the VA may grant an extension of the 12-year deadline. You would apply to the VA Regional Office. Eligible veterans may receive up to four years of full-time training or the equivalent amount of part-time training. To apply for training, fill out VA Form 281900, Disabled Veterans Application for Vocational Rehabilitation. File the form with the nearest VA Regional Office. Generally, the VA requires that disabled vets undergo VA educational counseling before it will approve a specific rehabilitation program. If you are a disabled vet, you may qualify for benefits under vocational rehabilitation and also under the G.I. Bill. You must choose one or the other. In most cases you will do better under voc rehab. Although its monthly payments are lower than those for the G.I. Bill, it covers all educational costs, like tuition, fees, books and supplies. Under the G.I. Bill, you must pay all costs not met by your monthly check. If you are disabled, but your disability has not been rated by the VA as service-connected, you may still be eligible for voc rehab through the voc rehab agency run by your state government. Some information about such agencies is available at www ..military.com.

NVLS requires that any recreation of their guide be done only for a review. So heres the review:

FIRST: Out of 649 pages, the authors dedicated 3/4 of one page to Voc Rehab. This is a typical oversight of many legislators, lawyers and veteran service organizations, because they assume Voc Rehab is a fair system. Of all the programs, Voc Rehab seems to be the least open about veterans options. SECOND: Veteran eligibility can last indenitely for veterans with serious employment handicaps. In theory, the limitations go away so long as a Voc Rehab Counselor agrees to your training track. THIRD: Entitlement to educational benets can last much longer than 48 months. While that length of time is the stated limit to most vets, the counselor can approve additional training well beyond 48 months. The guide could do a better job explaining what a veteran can actually train to be and for how long.

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CLICK HERE TO DOWNLOAD Download Full 649 Page Guide From The National Veterans Legal Services Program (NVLSP)

Excerpt from pages 3 & 4 of:

Vietnam Veterans of America Guide to Vocational Rehabilitation

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The VV of A is one of the most active veterans advocacy groups in the U.S. Many of the benets veterans now have are the direct result of our brethren who fought in Vietnam and run this organization.

WHAT IS VR&E? This VA program is meant to help veterans who have service-connected disabilities to gain and keep suitable employment. Services are available for 48 months from time of enrollment in the program, and include: Educational, vocational, psychological, employment and personal adjustment counseling. Assessment of what jobs you are qualified for and able to perform. Training, on-the-job training and non-paid work experiences. Educational degree and certificate programs. Assistance in finding and support in keeping a job. Special employer incentives for hiring disabled veterans. Assistance with going into business. VA offers veterans and their qualified dependents free assistance in choosing a career path and setting the course needed to get there. VR&E provides interest and aptitude testing, career exploration, goal setting, and assistance in finding educational, training and testing programs related to career goals. HOW DO I APPLY FOR VR&E SERVICES? To enroll, youll need to submit VA Form 28-1900, Disabled Veterans Application For Vocational Rehabilitation. Veterans with a service-connected disability rating of 10 percent or more are eligible for VR&E services for 12 years from their date of discharge or their date of disability determination, whichever is later. To be eligible, you must also have received an honorable or other-than-dis honorable discharge, and be found by a VA vocational rehabilitation counselor to have either an Employment Handicap or a Serious Employment Handicap. VA defines those as follows: Employment Handicap -- an impairment of your ability to prepare for, obtain or retain employment consistent with your abilities, aptitudes, and interests. The impairment results in substantial part from a service-connected disability. For veterans
CLICK HERE TO DOWNLOAD Download Full 11 Page Guide From The Vietnam Veterans of America

Review from Armo Press

FIRST: Out of 11 pages, the authors dedicated 1 page to Voc Rehab. While this is certainly better than the NVLS guide, it seems strange since the guide is supposed to be about Vocational Rehabilitation. The majority of the guide is about other educational programs and disability claims.

Review from Armo Press

SECOND: This guide also focuses on pointing out the 48 month limitation on total months of training/education. While this is true for many vets, its simply not true for those with serious employment handicaps. Still, most organizations fail to mention this valuable insight. SEHs are rather subjective so one never knows until they meet with a Voc Rehab Counselor that they may have one. THIRD: Dont count on your counselor to lift a nger for you or for your case. There are many good counselors, but there are equally many bad ones. And you dont want to be caught off-guard with by a bad one. Most rarely help with the re-employment process after training. They are just too busy. Most of the guides online and in PDF form all say the same or similar. This holds true even for Military.com. with the exception of my own writings on that site. However, they have still not updated their information to match real data. They all match the VAs Website almost exactly.

rated at 20 percent or more, a finding of employment handicap results in a finding of entitled. Serious Employment Handicap (SEH) -- a significant impairment of your ability to prepare for, obtain, or retain employment consistent with your abilities, aptitudes and interests. The SEH results in substantial part from a service-connected disability. For veterans rated at 10 percent and for veterans whose 12- year period of basic eligibility has passed, the finding of an SEH is necessary to establish entitlement. Once you are accepted to the program, your counselor/ case manager will work with you to create an individualized vocational plan that will detail the type and amount of services youll receive under VR&E. Plans include: Individualized Employment Assistance Plan (IEAP) 18 months of assistance intended to get you a job. Individualize d Extended Evaluation Plan (IEEP) 12 months or less of evaluation and assessment to determine if you can get and keep a job. Individualized Written Rehabilitation Plan (IWRP) Up to 48 months of training or education, leading toward your setting of a job goal. Individualized Independent Living Plan (IILP) Up to 24 months of services to enable you to live more independently within your family and community.

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As you implement your plan, youll work with your counselor/case manager who will offer ongoing support and referral. Specialized employment services will also be provided by the case manager in coordination with DOL. Your state employment service centers employ Disabled Veterans Outreach Placement (DVOP) Coordinators who advocate for, assist and refer disabled veterans in finding local jobs, apprenticeships, training opportunities and on-the-job training. One such training program is the Compensated Work Therapy Program, a partnership between VR&E and the Veterans Health Administration (VHA). This program brings transitional and permanent jobs to veterans who may be returning to the workforce following medical rehabilitation. For eligible veterans, this partnership can provide vocational rehabilitation that combines work and training for new job skills.

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