Chapter 31 VR&E: Changes with the Appeal-Denial Process (2019)

[BC_89]

Many have referenced Ben Krause (attorney and an advocate for disabled veterans) when it comes to preparing for Chapter 31 appointments. With that, I have a hyperlink validating details of the denial process and the steps you must take for an appealment as of 2019.

New Rules: How To Appeal VA Vocational Rehabilitation Denials In 2019

The rules have changed. A new buffet of options for initiating appeals processes for VA Voc Rehab denials or lowball offers requires an updated approach. In 2017, Congress passed new legislation ma…

www.disabledveterans.org

The biggest set-back is the veteran having to gather proposals and evidence without guidance as done in times past:

“Now, the veteran will be required to assess their legal options and secure supporting evidence after the initial denial on their own”.

The old system is explained as well as additional “free” pdf versions that outline what you need to know by Mr. Krause himself. The appeal-process has become more complicated and counselors, Congress, and lawyers are learning how this must be done by us the veterans.

Point is, we really need to come in prepared at our meetings more than ever and be diligent with our evidence based resources to obtain benefits we’re entitled to have. Here’s a copy of the pdf versions below:

Courses And Guides - Online Veterans Resource Center

Video Course & eBook Download Voc Rehab Survival Guide This guide is a breakdown of the steps and strategies Attorney Benjamin Krause used when he fought and won his Voc Rehab benefits from VA. Do not get left without a decision to get all the benefits you deserve. Learn to fight back like an...

my.disabledveterans.org

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[CricB4Tube]

Thank you for posting this. I'm currently fighting with my counselor now who is refusing to approve medical school, but was willing to approve PA school, but then changed his mind. Now my problem is he won't even send me an official denial and he's just keeping me in limbo. I've also reached out to Ben Krause but he must be very busy because he doesn't reply to my emails very often.

 

[BC_89]

Thank you for posting this. I'm currently fighting with my counselor now who is refusing to approve medical school, but was willing to approve PA school, but then changed his mind. Now my problem is he won't even send me an official denial and he's just keeping me in limbo. I've also reached out to Ben Krause but he must be very busy because he doesn't reply to my emails very often.

Although Krause does give out some advice every now and then, I'd recommend looking at my signature block and click on the social media group I have starting with "Disabled Veterans." Some users on the site have experiences and solid advice that is free. Krause could do the same, but it'll cost you and I am more in the business of getting free information.

As for the VRC denying you, it could be a number of things. I have created a thread over the past year showing step by step of what I have done based on my initial denial and then acceptance to pharmacy school with the following link:

Chapter 31 "Qualifying for Voc-Rehab" Journey

We have a lot of great feedback concerning those using and qualifying for Chapter 31 VR&E Benefits over the past few years on some of our existing threads. I thought I would start a new one to gauge specifically towards the slight changes on Chapter 31 and overcoming Voc-Rehab Counselors...

forums.studentdoctor.net

If you have more details that you wish to share by all means we can assist on here wherever possible. We have users that were able to get in to medical school starting where you were at.

 

[CricB4Tube]

Although Krause does give out some advice every now and then, I'd recommend looking at my signature block and click on the social media group I have starting with "Disabled Veterans." Some users on the site have experiences and solid advice that is free. Krause could do the same, but it'll cost you and I am more in the business of getting free information.

As for the VRC denying you, it could be a number of things. I have created a thread over the past year showing step by step of what I have done based on my initial denial and then acceptance to pharmacy school with the following link:

Chapter 31 "Qualifying for Voc-Rehab" Journey

We have a lot of great feedback concerning those using and qualifying for Chapter 31 VR&E Benefits over the past few years on some of our existing threads. I thought I would start a new one to gauge specifically towards the slight changes on Chapter 31 and overcoming Voc-Rehab Counselors...

forums.studentdoctor.net

If you have more details that you wish to share by all means we can assist on here wherever possible. We have users that were able to get in to medical school starting where you were at.

I just received a written denial from my VRC, which only says:
"I propose to close the case for your Vocational Rehabilitation and Employment (VR&E) services.
I plan to take this action on your case because: Your requested vocational goal cannot be approved based on the information you provided."
It seems very vague since it doesn't mention anything specific so I'm not sure how I can effectively appeal the decision since I don't really know how they came to the decision. My main issues with it are:

1. My VRC refused to even consider the idea of me having a SEH despite being over the 20% requirement and having an array of nerve, back, and bilateral leg damage. He said my education benefits could not be extended no matter what since I only have about a year left of Post 9/11.
2. My VRC said he would approve me for a master's degree but then promptly changed his mind in the next email.
3. My VRC said I am currently employable with my current undergraduate degree however, I don't even have an undergraduate degree. I'm still in college and have over a year left of schooling.
4. My VRC failed to show me/provide any jobs or careers that are attainable with an undergraduate degree in chemistry, which is my current degree path.
5. I made it clear that I have no interest in working in a chemistry lab and that I am solely seeking my chemistry degree to satisfy prerequisites for medical school. My VRC said my interests are not taken into consideration with voc rehab and I can be denied benefits solely based on employability (even though he never proved I'm employable).

 

[BC_89]

1. My VRC refused to even consider the idea of me having a SEH despite being over the 20% requirement and having an array of nerve, back, and bilateral leg damage. He said my education benefits could not be extended no matter what since I only have about a year left of Post 9/11.

Interpretation of having an SEH can be vague in terms of your disability rating and is left to your VRC for interpretation even if it is over 20%. Some may have the mentality that either you have a near 100% rating (or very close) to consider you limited in your abilities to find employment. Little to no ability would warrant an SEH and override the "48 month rule" of having Veteran Benefits (ie post 9/11 --> 36 months + VR&E --> 12 months).

2. My VRC said he would approve me for a master's degree but then promptly changed his mind in the next email.

What may have prompted for the approval to do a masters degree is your ability to exhaust a year of your post 9/11 + 12 months of your VR&E benefits. This would exhaust your 48 month cap of utilizing benefits. For the VRC to change his mind may be due to them finding out that exhausting the 12 month extension of VR&E would not be enough to obtain your masters degree OR has validated that your current credentials deems you employable in the job market in such a way that it doesn't aggravate your claimed disabilities.

3. My VRC said I am currently employable with my current undergraduate degree however, I don't even have an undergraduate degree. I'm still in college and have over a year left of schooling.

Referring back to my 48 month cap, he may have figured out that by exhausting your post 9/11 you would have your bachelors (or nearly close) and thus would deem you employable despite your claimed disabilities (again, evidence would have to be illustrated that your disabilities keep you from working with your current degree path and thus higher education is required for entry level employment)

4. My VRC failed to show me/provide any jobs or careers that are attainable with an undergraduate degree in chemistry, which is my current degree path.

Usually what happens is when your initial interview is taking place, the VRC needs to validate what evidence the veteran brings in that would keep them from pursuing entry level jobs with the current degree. If nothing is provided, then the VRC will automatically default to the veteran working in a "lab" or "teach" with said degree. Despite this being true or not, if the veteran doesn't provide some level of "evidence" coupled with their current disability rating, it is up in the air for interpretation of what the veteran can or cannot do with a science degree (unfortunately).

5. I made it clear that I have no interest in working in a chemistry lab and that I am solely seeking my chemistry degree to satisfy prerequisites for medical school. My VRC said my interests are not taken into consideration with voc rehab and I can be denied benefits solely based on employability (even though he never proved I'm employable).

Interests, aptitude, and abilities are established by submitting a copy of subsection 38 CFR 21.51 as referenced in Chapter 31 Benefits outline:

38 CFR 21.51 - Determining employment handicap.

In addition to all of this, outline Chapter 8 - 8.2 of the Individualized Written Rehabilitation Plan (IWRP) showing how no cause of action can take place due to the outlined abilities and interests defined in the 38 CFR:

Chapter 8: Individualized Written Rehabilitation Plan (IWRP)

As for denials based on employability, yes and no. In terms of working as a "Walmart greeter associate" you are employable so the guideline can once again be up for interpretation and may not exclude you from benefits. Now, if you are a dentist but your interest is becoming a physician, the clause will take place that you are already employable and thus do not qualify for an entry-level employable benefit package such as VR&E just because you are not interested in being a dentist (this is when you would have to prove your disabilities keep you from being a dentist).

The real issue is money. If the program is a doctorate level program, it is becoming very difficult for many veterans to be granted the extension to have VR&E due to the financial cost. It is much easier to obtain other entry level programs with less money. Whether this is fair or not, that is how most VRCs operate now-a-days.

 

[MusicDOc124]

Some may have the mentality that either you have a near 100% rating (or very close) to consider you limited in your abilities to find employment.

Wanted to add something to this. 20% generally is required to apply for voc rehab, but those with 10% can still apply - for those with 10% they MUST be deemed to have an SEH to quality at 10%. This inherently implies/tells you that it's not percentage based to get the SEH. It's just more common with those with higher percentages simply because conditions are bad enough to warrant the higher percentage. It's simply a correlation.

 

[rangerdad]

I hope you guys have been successful in your appeal or still fighting. I am currently in the 4th yrs of my appeal, and I did hire Ben in 2018. He has been awesome and has done everything he can against the horrible, abusive, lazy VA Regional Office of Jacksonville, FL. Since starting this battle, I have been up and down with my disability, inpatient treatment, a divorce, death of loved ones, etc... but I am still pushing. I finally decided to start medical school in 2021 regardless of the outcome of my battle with the VA, and I am currently finishing my first year of school. One thing I recommend to all is to start the journey, only 1% of doctors default on their loans and there are so many new programs to help you pay them out with public service. Take a chance on yourself, BUT you must finish if not it will really be detrimental to your finances. Currently, a judge is reviewing the appeal and I may have a face-to-face hearing so hopefully, I can move on with my rehab program without anger against a messed-up system.

 

[rangerdad]

After 5.5 years of fighting with the VA appeal process for a change to my IWRP, I have won my case. I have been approved for Physician Training. The next step is to contact the VRE and get started again after they messed up my life. But I am already in medical school, so they will have to back pay for all my training and hopefully my lawyer. He was amazing, Ben Krauser from disabledveterans.org website. It has been arduous and painful, but glad to not have quit. So keep pushing guys!!!

 

[MusicDOc124]

After 5.5 years of fighting with the VA appeal process for a change to my IWRP, I have won my case. I have been approved for Physician Training. The next step is to contact the VRE and get started again after they messed up my life. But I am already in medical school, so they will have to back pay for all my training and hopefully my lawyer. He was amazing, Ben Krauser from disabledveterans.org website. It has been arduous and painful, but glad to not have quit. So keep pushing guys!!!

Huge congrats!

 

[BC_89]

After 5.5 years of fighting with the VA appeal process for a change to my IWRP, I have won my case. I have been approved for Physician Training. The next step is to contact the VRE and get started again after they messed up my life. But I am already in medical school, so they will have to back pay for all my training and hopefully my lawyer. He was amazing, Ben Krauser from disabledveterans.org website. It has been arduous and painful, but glad to not have quit. So keep pushing guys!!!

Hard part has past - congrats and thanks for giving us an update!!

 

[rangerdad]

Hello Everyone,

I wanted to share my journey and success in appealing a VRE case with the VA, which took six long years but was ultimately fruitful. Attached, you'll find my Appeal Decision and a copy of the IWRP for reference.

After winning my appeal, I initiated a congressional inquiry into the VRE office that initially denied me. This move was crucial because I felt my case was not being given the attention it deserved. Fortunately, I was then assigned an incredible VRE Advisor who embodies what every counselor in the VRE should be. Knowledgeable, supportive, and adept at handling even our most challenging moments.

Here’s a brief overview of what the VRE is now doing for me:

1. Retroactive Induction into the Program: They had to reopen my case and are currently calculating expenses, including the differences in BAH and tuition between the GI Bill and Chapter 31.
2. Tuition Reimbursement: They'll cover all my undergraduate tuition. Any payments I made will be reimbursed since the schools have already been paid.
3. Reimbursement for Educational Expenses: I need to submit forms (1905m and 1905r) along with receipts for equipment, books, clothing, and tutoring costs. All these expenses will be reimbursed, which requires some effort but is definitely worth it.
4. Support for MD Journey: As detailed in the IWRP, they will support all necessary expenses related to achieving my MD and passing USMLE Steps 1 and 2.
5. GI Bill Reinstatement: I conducted a degree audit and demonstrated the relevance of my courses to my bachelor's degree. The VA is reinstating about 28 months of GI Bill benefits I used, which I plan to apply toward my Residency.
6. Accommodations: My counselor will contact whichever VA is closer and tell them to provide any necessary assessment or evaluation for my NBME Accommodations Request packet. This is important because the cost of those evaluation are in the thousands.
7. USMLE Prepcourse: They will pay for a USMLE prepcourse, there are some restrictions to that but you can go around by paying out of pocket and then requesting reimbursement.
8. Lawyer's Fee: It will be high, but not be greedy, I know it was a crucial piece of the pie because I was able to focus in medschool while all the procedures were taking place. Plus my emotions would have taken me the wrong path, so get legal representation.

This journey has taught me the value of persistence and the importance of advocating for oneself. If you’re facing challenges with the VRE, don’t lose hope. Appeals can succeed, and the outcome can significantly change your educational and professional trajectory.

RANGERS LEAD THE WAY AND SEMPER FIDELIS

PS: If I think anything else I come back and edit this, but this is what I can remember.

 

[B4y 4RE4 N4Tiv3]

Hello Everyone,

I wanted to share my journey and success in appealing a VRE case with the VA, which took six long years but was ultimately fruitful. Attached, you'll find my Appeal Decision and a copy of the IWRP for reference.

After winning my appeal, I initiated a congressional inquiry into the VRE office that initially denied me. This move was crucial because I felt my case was not being given the attention it deserved. Fortunately, I was then assigned an incredible VRE Advisor who embodies what every counselor in the VRE should be. Knowledgeable, supportive, and adept at handling even our most challenging moments.

Here’s a brief overview of what the VRE is now doing for me:

1. Retroactive Induction into the Program: They had to reopen my case and are currently calculating expenses, including the differences in BAH and tuition between the GI Bill and Chapter 31.
2. Tuition Reimbursement: They'll cover all my undergraduate tuition. Any payments I made will be reimbursed since the schools have already been paid.
3. Reimbursement for Educational Expenses: I need to submit forms (1905m and 1905r) along with receipts for equipment, books, clothing, and tutoring costs. All these expenses will be reimbursed, which requires some effort but is definitely worth it.
4. Support for MD Journey: As detailed in the IWRP, they will support all necessary expenses related to achieving my MD and passing USMLE Steps 1 and 2.
5. GI Bill Reinstatement: I conducted a degree audit and demonstrated the relevance of my courses to my bachelor's degree. The VA is reinstating about 28 months of GI Bill benefits I used, which I plan to apply toward my Residency.
6. Accommodations: My counselor will contact whichever VA is closer and tell them to provide any necessary assessment or evaluation for my NBME Accommodations Request packet. This is important because the cost of those evaluation are in the thousands.
7. USMLE Prepcourse: They will pay for a USMLE prepcourse, there are some restrictions to that but you can go around by paying out of pocket and then requesting reimbursement.
8. Lawyer's Fee: It will be high, but not be greedy, I know it was a crucial piece of the pie because I was able to focus in medschool while all the procedures were taking place. Plus my emotions would have taken me the wrong path, so get legal representation.

This journey has taught me the value of persistence and the importance of advocating for oneself. If you’re facing challenges with the VRE, don’t lose hope. Appeals can succeed, and the outcome can significantly change your educational and professional trajectory.

RANGERS LEAD THE WAY AND SEMPER FIDELIS

PS: If I think anything else I come back and edit this, but this is what I can remember.

How long did step 5 take? Also after completion of med school, did they offer to pay for USMLE 3?

 

[MusicDOc124]

How long did step 5 take? Also after completion of med school, did they offer to pay for USMLE 3?

For me, retroactive induction of GI bill took about 4 months (mostly due to incompetence and lack of them filing). Once I contacted the congress or senators office, it was completed within 1-2 weeks. Step/Level 3 were covered for me.

 

[B4y 4RE4 N4Tiv3]

For me, retroactive induction of GI bill took about 4 months (mostly due to incompetence and lack of them filing). Once I contacted the congress or senators office, it was completed within 1-2 weeks. Step/Level 3 were covered for me.

4 months!?! 😅 wow that’s fast I’m on month 8. And good to know about step 3