What this means
m21-1:XIII.i.5.A explains veteran readiness and employment (vr&e) eligibility. In plain terms, the official guidance says the VA evaluates eligible Veterans to determine if they need services to help overcome barriers to employment. Depending on an individual’s needs, Veteran Readiness and Employment (VR&E) Service may provide the following: It also addresses veterans and service members who served in the armed forces on or after September 16, 1940, and were discharged or released from military service under other-than-dishonorable conditions may be entitled to VR&E services.
How this may help with a claim
Use m21-1:XIII.i.5.A to audit how VA handled veteran readiness and employment (vr&e) eligibility. Start with the decision date, the issue being reviewed, and the evidence VA was allowed to consider, then compare the record with this rule: The VA evaluates eligible Veterans to determine if they need services to help overcome barriers to employment. Veterans and service members who served in the armed forces on or after September 16, 1940, and were discharged or released from military service under other-than-dishonorable conditions may be entitled to VR&E services. Cite the exact document and page when raising a factual or procedural error, and use the review rights in the actual notice for any deadline.
What to review in your file
- Check the file against this official condition: time period during which a rehabilitation program must be completed, and
- Confirm that the record or notice addresses this source point: The VA evaluates eligible Veterans to determine if they need services to help overcome barriers to employment.
- Document how this stated step or exception applies: Veterans awarded 100-percent disability compensation based upon unemployability may still request an evaluation. If they are found eligible, they may participate in a VR&E program and receive help getting a job.
Important limits
m21-1:XIII.i.5.A explains VA guidance for veteran readiness and employment (vr&e) eligibility; it does not guarantee an award or replace the statutes, regulations, binding decisions, and review instructions that control an individual claim. Conditions and exceptions still matter, including this source point: The VA evaluates eligible Veterans to determine if they need services to help overcome barriers to employment. Use the table below to determine potential eligibility for claimants who
Search terms when useful
Phrases that may help when searching your claim file or this library.
- Veteran Readiness and Employment (VR&E) Eligibility
- m21-1:XIII.i.5.A
- Veteran Readiness Employment
- Eligibility
- Services Under U.S.C. Chapter
- services provided Service
- special programs unemployable
- time period during which
Original VA guidance
The official VA text of this section
Overview
In this Section
This section contains the following topics:
Scroll sideways to see the full table.
| Topic | Topic Name |
|---|---|
| 1 | General Information on VR&E Services Under 38 U.S.C. Chapter 31 |
| 2 | Eligibility Requirements for VR&E Services Under 38 U.S.C. Chapter 31 |
| 3 | Notifying Veterans of Potential Eligibility for VR&E Services Under 38 U.S.C. Chapter 31 |
1. General Information on VR&E Services Under 38 U.S.C. Chapter 31
Introduction
This topic contains general information on VR&E services, including
- services provided by VR&E Service
- special programs for unemployable Veterans
- time period during which a rehabilitation program must be completed, and
- payment to Veterans who participate in a training program.
Change Date
February 13, 2013
XIII.i.5.A.1.a. Services Provided by VR&E Service
The Department of Veterans Affairs (VA) evaluates eligible Veterans to determine if they need services to help overcome barriers to employment. Depending on an individual’s needs, Veteran Readiness and Employment (VR&E) Service may provide the following:
- an evaluation of the individual’s abilities, skills, and interests
- assistance in finding and maintaining suitable employment
- vocational counseling and planning
- training, such as
- on-the-job and work experience programs, and
- certificate, two- or four-year college, or technical programs
- supportive rehabilitation services and additional counseling, and
- a program of services to assist in achieving independence in daily living.
XIII.i.5.A.1.b. Special Programs for Unemployable Veterans
Veterans awarded 100-percent disability compensation based upon unemployability may still request an evaluation. If they are found eligible, they may participate in a VR&E program and receive help getting a job.
VA continues to pay 100-percent disability compensation to a Veteran who secures employment under the special program until the Veteran has worked continuously for at least 12 months.
XIII.i.5.A.1.c. Time Period During Which a Rehabilitation Program Must Be Completed
Generally, Veterans must complete a VR&E program within 12 years from the date
- they separate from military service, or
- VA notifies them that they have a compensable, service-connected (SC) disability.
XIII.i.5.A.1.d. Payment to Veterans Who Participate in a Training Program
VA pays the cost of VR&E services and a subsistence allowance to Veterans who participate in a training program.
2. Eligibility Requirements for VR&E Services Under 38 U.S.C. Chapter 31
Introduction
This topic contains information on eligibility requirements for VR&E services under 38 U.S.C. Chapter 31, including
- service requirements
- eligibility criteria by application date
- eligibility for VR&E services based on 38 CFR 3.324
- VR&E services eligibility for service members, and
- considering potential VR&E services eligibility for special circumstances.
Change Date
February 16, 2021
XIII.i.5.A.2.a. Service Requirements
Veterans and service members who served in the armed forces on or after September 16, 1940, and were discharged or released from military service under other-than-dishonorable conditions may be entitled to VR&E services.
Reference: For more information on VR&E eligibility for service members, see M21-1, Part XIII, Subpart i, 5.A.2.d.
XIII.i.5.A.2.b. Eligibility Criteria by Application Date
Eligibility criteria for VR&E services are based on the date VA received the original application for benefits under 38 U.S.C. Chapter 31 from the Veteran.
Use the table below to determine what eligibility criteria apply as of the specific dates referenced.
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| If the Veteran filed an original claim … | Then eligibility for VR&E services requires that the Veteran have … |
|---|---|
| prior to November 1, 1990 | an SC disability evaluated at 10 percent or more disabling, or entitlement to special monthly compensation (SMC) under 38 U.S.C. 1114(k) or former subsection 38 U.S.C. 1114(q). Note: Entitlement continues for Veterans who established eligibility under one of these criteria. |
| between November 1, 1990, and September 30, 1993 | an SC disability evaluated at 20 percent or more disabling. Note: Under this condition, a statutory award under 38 U.S.C. 1114(k), or former subsection 38 U.S.C. 1114(q), does not meet the 20-percent evaluation requirement. |
| October 1, 1993, or later | an SC disability evaluated at 20 percent or more disabling, or 10-percent disabling, provided the VR&E activity determines that the Veteran has a serious employment handicap. |
Reference: For more information on general eligibility for VR&E services, see 38 U.S.C. Chapter 31.
XIII.i.5.A.2.c. Eligibility for VR&E Services Based on 38 CFR 3.324
A Veteran’s entitlement to compensation under 38 CFR 3.324 satisfies the 10-percent evaluation requirement, even though a statutory award under 38 U.S.C. 1114(k) or former subsection 38 U.S.C. 1114(q) does not.
XIII.i.5.A.2.d. VR&E Services Eligibility for Service Members
Effective February 10, 2012, in accordance with Public Law (PL) 110-181, Section 1631(b), and as rendered permanent by PL 115-251, Section 126, severely ill or injured service members who have been referred to a military Physical Evaluation Board (PEB) or are participating in the Integrated Disability Evaluation System (IDES) may be eligible for VR&E services without obtaining a VA disability rating.
Service members pending medical separation from active duty who have not been referred to a PEB or are not participating in IDES may apply, but the disability rating must be at least 20 percent.
Reference: For more information on pre-discharge claims, see M21-1, Part X, Subpart i, 6.
XIII.i.5.A.2.e. Considering Potential VR&E Services Eligibility for Special Circumstances
Use the table below to determine potential eligibility for claimants who
- filed an original claim for VR&E services after October 1, 1993, but
- are impacted by special circumstances.
Scroll sideways to see the full table.
| If the claimant is a... | Then the claimant … |
|---|---|
| hospitalized service member pending discharge | must have SC disabilities likely to be at least 20-percent disabling to be eligible to apply for vocational rehabilitation services. |
| Veteran receiving only SMC under 38 U.S.C. 1114(k), or 38 U.S.C. 1114(q) | does not meet the eligibility criteria discussed in 38 U.S.C. Chapter 31, and M21-1, Part XIII, Subpart i, 5.A.2.b. |
3. Notifying Veterans of Potential Eligibility for VR&E Services Under 38 U.S.C. Chapter 31
Introduction
This topic contains information on notifying Veterans of potential eligibility for VR&E services, including
- when to send notice of potential eligibility for VR&E services
- when notice of potential eligibility is not required
- enclosing appropriate forms in the disability award decision notice, and
- actions to take when the Veteran returns a completed application for VR&E services.
Change Date
February 6, 2018
XIII.i.5.A.3.a. When to Send Notice of Potential Eligibility for VR&E Services
Inform Veterans of the availability and purpose of VR&E services when
- an original or supplemental claim results in an initial SC disability rating of 10 percent or greater
- an increased combined SC disability rating of 10 percent or greater is awarded, or
- a DD Form 214, Certificate of Release From Active Duty, is received showing the Veteran has been retired from the armed forces because of disability.
Note: The VR&E activity must determine the Veteran’s eligibility for 38 U.S.C. Chapter 31 services.
XIII.i.5.A.3.b. When Notice of Potential Eligibility Is Not Required
Do not send notice to Veterans
- currently receiving 38 U.S.C. Chapter 31 benefits
- with combined disability ratings of 0 percent, or
- with a pending application for VR&E benefits.
XIII.i.5.A.3.c. Enclosing Appropriate Forms in the Disability Award Decision Notice
Send the following forms as enclosures to a decision notice that communicates one of the rating outcomes discussed in M21-1, Part XIII, Subpart i, 5.A.3.a:
- VA Form 28-1900, Application for Veteran Readiness and Employment Benefits for Claimants With Service-Connected Disabilities (Chapter 31, Title 38, U.S.C.), and
- VA Form 28-8890, Important Information About the Chapter 31 or Veteran Readiness and Employment Program.
Note: A decision notice prepared via the Redesigned Automated Decision Letter (RADL) process need not provide these forms as physical enclosures.
References: For more information on
- notifying claimants of potential entitlement to additional benefits, see M21-1, Part VI, Subpart i, 1.B.1.k, and
- sections of an RADL-generated decision notice, see M21-1, Part VI, Subpart i, 1.B.3.d.
XIII.i.5.A.3.d. Action to Take When the Veteran Returns a Completed Application for VR&E Services
When a Veteran returns a completed VA Form 28-1900, refer the application to the VR&E activity in accordance with M28C.
If necessary, the VR&E activity will refer the case to the rating activity for a rating decision.
References: For more information on
- memorandum VR&E ratings, see
- M21-1, Part XIII, Subpart i, 5.B and
- M28C, Part IV, A.2, and
- VR&E Service functions, see VR&E’s intranet site.