Why I applied
Like many veterans, I was trying to find a new career while quietly dealing with service-connected disabilities I didn’t want to call attention to.
After spending roughly 18 months unemployed, and having had one previous stint of 12 months without work, I looked into the Department of Veterans Affairs program called Veteran Readiness and Employment, or VR&E.
VR&E is a VA benefit, also known as Chapter 31, meant to help veterans with service-connected disabilities prepare for, find, and keep suitable employment. The regulation says its purpose is:
“The purposes of this program are to provide to eligible veterans with compensable service-connected disabilities all services and assistance necessary to enable them to achieve maximum independence in daily living and, to the maximum extent feasible, to become employable and to obtain and maintain suitable employment.”38 C.F.R. § 21.1(a) · Authority: 38 U.S.C. § 3100
But that describes what VR&E is meant to do, not who qualifies. Under 38 C.F.R. § 21.40(a), a veteran with a disability rating of at least 20 percent must also meet three requirements:
- Has a service connected disability or combination of disabilities rated 20 percent or more under 38 USC Chapter 11.
- Incurred or aggravated the disability or disabilities in active military, naval, or air service on or after September 16, 1940.
- Is determined by VA to be in need of rehabilitation because of an employment handicap.
Despite having a 100% permanent and total disability, and multiple employment gaps after leaving the Army, VA did not find me entitled on my first application in 2024. I didn’t know then that I would eventually be telling this story for other veterans, not just myself.
A new counselor
The best we can do is an email on interview techniques
I still have no idea why they made that first determination, but I was able to apply again. VA acknowledged receiving my application on January 29, 2025. According to VA’s later account, I was found entitled on March 11. I had completed the CareerScope assessment, and I remember scoring well enough to choose any career track. I had sent her several job postings. Without reviewing my broader qualifications or whether Junior/Associate work fit me, my counselor chose it anyway.
We were supposed to develop the plan together, but we didn’t. There are two massive problems with that career choice. First, junior roles usually meant fixed office hours that conflicted with my sleep disability. I told her I preferred remote work, since it worked far better with my disabilities and my life as a single dad. She told me remote jobs were too hard to get, and that the single dad part had no relevance. She was working remotely herself. Second, they were far below my training and experience. My disability was already pushing me toward a lesser role I could sustain. Senior Analyst fit that need; Junior Analyst did not.
What I remember most clearly is that training was treated as unavailable from the start. I do not remember the exact phrasing, but I understood her point to be that I was already educated and had used too much of my GI Bill for training to be available. If the goal genuinely required an MBA or PMP, it was not a Junior Analyst role. We should have been identifying what additional skills or training I needed for a suitable role we agreed on.
I signed the plan because the Employment Assistance Allowance (at least two months of payments) was tied to signing it. I received one payment in August marked as retroactive, but I still do not know what it covered, whether a second payment was ever authorized, or how VA calculated it. The plan called it an “aggressive job search,” but required only a minimum of two or three applications each week. It was a generic quota, not help aimed at particular jobs or employers. The plan promised monthly reviews and specific employment services. What I received instead were automated check-ins, not the services listed in the plan.
Improper Intake into VR&E
Bob entered VR&E looking for suitable work that fit his disabilities. Training was ruled out before a vocational goal had even been chosen. Bob supplied possible roles; the counselor then selected Junior/Associate positions for the plan while stating she did not know whether he met their qualifications, completed the plan without Bob in 79 minutes, and conditioned employment assistance and EAA on signing it. VA delivered none of the promised employment services, yet later treated one delayed retroactive Chapter 31 payment and a Senior Analyst job Bob found through his own networking as proof the plan succeeded.
1 Plan developed without Veteran 38 C.F.R. §§ 21.1, 21.84, 21.92
What was done
The March 11 appointment was an initial evaluation to determine entitlement. Plan development was meant to follow it, jointly. Instead the VR&E Counselor used part of that meeting to settle on Junior/Associate positions, which the Veteran rejected to her directly.
He sent job postings anyway. At 8:03 the next morning she replied, “Let’s go with Jr./ Associate level positions for the plan,” noted she was “unsure if you do or do not have the above qualifications,” and said she would work on getting the plan to him for signature.
The completed plan arrived seventy-nine minutes later, with word that signing would commence employment assistance and EAA payments. It carried her goal on boilerplate terms, with no guidance on how it would be reached. The form says he participated.
What the record says
“Thank you for the job postings. Let’s go with Jr./ Associate level positions for the plan, though you should strive for the best possible option if you qualify.”VR&E Counselor · email · March 12, 2025 · 8:04 AM
“I am unsure if you do or do not have the above qualifications but wanted to highlight these things for you to consider when conducting job search”VR&E Counselor · same email · March 12, 2025 · 8:04 AM
“Thank you for your labor market research documents. Please sign and return the attached VAF 0957 and 10214 plan documents to commence with employment assistance and EAA payments.”VR&E Counselor · email · March 12, 2025 · 9:23 AM
“To obtain and/or maintain suitable employment in the occupational goal of Jr./ Associate Analyst/ Program Manager, Program Specialist, Financial Specialist/ Technician and related”VA Form 28-10214 · Rehabilitation Plan · item 3
Why it applies
The counselor selected the goal, then sent a completed plan 79 minutes later. The held record does not show the joint development these sections require.
What the regulations say
38 C.F.R. § 21.1
Training and rehabilitation for veterans with service-connected disabilities
Paragraph (b) · Basic requirements · Items (2)-(3)
(b) Basic requirements. Before a service-disabled veteran may receive training and rehabilitation services under Chapter 31, Title 38 U.S.C., three basic requirements must be met:
(2) The services necessary for training and rehabilitation must be identified by the Department of Veterans Affairs and the veteran.
(3) An individual written plan must be developed by the Department of Veterans Affairs and the veteran describing the goals of the program and the means through which these goals will be achieved.
38 C.F.R. § 21.84
Individualized written rehabilitation plan
Paragraph (b) · Elements of the plan · Item (1)
(b) Elements of the plan. A plan will include the following:
(1) A statement of long-range rehabilitation goals. Each statement of long-range goals shall include at a minimum: (i) One vocational goal for a veteran with an employment handicap; or (ii) One vocational goal and, if applicable, one independent living goal for a veteran with a serious employment handicap.
38 C.F.R. § 21.92
Preparation of the plan
Paragraphs (a) and (b) · Development and approval
(a) General. The plan will be jointly developed by Department of Veterans Affairs staff and the veteran.
(b) Approval of the plan. The terms and conditions of the plan must be approved and agreed to by the Counseling Psychologist (CP) or Vocational Rehabilitation Counselor (VRC), the vocational rehabilitation specialist, and the veteran.
Records needed
- Case notes and plan-development record
- Related internal correspondence
2 Training ruled out before disability analysis 38 C.F.R. §§ 21.50, 21.53
What was done
The Veteran recalls that one of the first things the VR&E Counselor said was that training was unavailable because he was already educated and had used his GI Bill benefits. It was presented as a settled conclusion, not something to evaluate against his disabilities, employment history, or vocational needs.
Why it applies
Training was ruled out as a settled conclusion before a vocational goal had been chosen. The held record does not show the required disability assessment or a goal-based feasibility analysis supporting that conclusion.
What the regulations say
38 C.F.R. § 21.50
Initial evaluation
Paragraph (b) · Determinations to be made by VA · Paragraph (c) · Factors for assessment
(b) Determinations to be made by VA during the initial evaluation. A counseling psychologist (CP) or vocational rehabilitation counselor (VRC) will determine:
(1) Whether the individual has an employment handicap as determined in accordance with this section and § 21.51;
(2) Whether an individual with an employment handicap has a serious employment handicap as determined in accordance with this section and § 21.52; and
(3) Whether the achievement of a vocational goal is currently reasonably feasible as described in § 21.53.
(c) Factors for assessment as part of the initial evaluation. In making the determinations under paragraph (b) of this section, the following factors will be developed and assessed:
(1) The handicapping effects of the individual's service-connected and nonservice-connected disability(ies) on employability and on independence in daily living;
(2) The individual's physical and mental capabilities that may affect employability and ability to function independently in daily living activities in family and community;
(3) The impact of the individual's identified vocational impairments on the individual's ability to prepare for, obtain, and keep suitable employment;
(4) The individual's abilities, aptitudes, and interests;
(5) The individual's personal history and current circumstances (including educational and training achievements, employment record, developmental and related vocationally significant factors, and family and community adjustment); and
(6) Other factors that may affect the individual's employability.
38 C.F.R. § 21.53
Reasonable feasibility of achieving a vocational goal
Paragraph (b) · Definition · Paragraph (d) · Vocational goal is reasonably feasible
(b) Definition. The term vocational goal means a gainful employment status consistent with the veteran's abilities, aptitudes, and interests.
(d) Vocational goal is reasonably feasible. Achievement of a vocational goal is reasonably feasible for a veteran with either an employment or serious employment handicap when the following conditions are met:
(1) Vocational goal(s) has (have) been identified;
(2) The veteran's physical and mental conditions permit training for the goal(s) to begin within a reasonable period; and
(3) The veteran: (i) Possesses the necessary educational skills and background to pursue the vocational goal; or (ii) Will be provided services by the Department of Veterans Affairs to develop such necessary educational skills as part of the program.
Records needed
- Initial evaluation, case notes, and disability analysis
- Related internal correspondence
3 In-person goal was unsuitable for disability needs 38 C.F.R. §§ 21.35, 21.50, 21.92
What was done
The Veteran told the VR&E Counselor that his sleep-wake disability made remote work important because fixed start times and required daytime alertness were difficult. He recalls that the counselor said remote roles were hard to obtain and wanted to focus on in-person work. After the Veteran supplied possible roles, she selected Junior/Associate positions while stating she did not know whether he met the qualifications for the roles he supplied. The completed plan then grouped those positions with Program Manager, Program Specialist, and Financial Specialist/Technician work without documenting how an in-person goal fit his disability limitations.
The Veteran did not genuinely choose the goal. He recalls objecting by phone but does not remember when, his exact words, or how strongly he objected. Training had already been presented as unavailable, and he understood signing the plan as the route to EAA.
Why it applies
The selected goal contemplated in-person work despite the Veteran's stated remote-work need and did not document how fixed start times and daytime-alertness demands fit his sleep-wake disability. The contemporaneous email shows the counselor selecting Junior/Associate work without knowing whether he had the listed qualifications; the held plan does not show an individualized suitability rationale or genuine agreement on that goal.
What the regulations say
38 C.F.R. § 21.35(h)(1)
Definitions
Vocational goal
(h) Vocational goal. (1) The term vocational goal means a gainful employment status consistent with a veteran's abilities, aptitudes, and interests;
38 C.F.R. § 21.50
Initial evaluation
Paragraphs (b) and (c) quoted in full at point 2
Records needed
- Evaluation and case notes documenting remote-work needs, occupational suitability, and the phone discussion
- Related internal correspondence about goal selection
4 No usable progress-evaluation procedure 38 C.F.R. §§ 21.84, 21.88
What was done
The plan contains evaluation criteria, but its Item 9H “evaluation procedure” merely says the counselor and Veteran discussed interview questions and explored occupations. That describes a prior conversation, not a method for measuring future progress toward résumé, application, and interviewing objectives. Item 9I schedules evaluation only “as needed.”
The Veteran recalls only a light discussion during the March 11 entitlement evaluation. He does not recall the counselor explaining how progress would be measured or scheduling reviews, but he cannot say with certainty that no explanation occurred.
Why it applies
Because this was an IWRP/IEAP, it needed the IWRP's criteria, procedure, and schedule. The plan lists criteria, but its stated procedure does not explain how future progress would be measured, and “as needed” supplies no review date or recurring interval for Objective One.
What the regulations say
38 C.F.R. § 21.84
Individualized written rehabilitation plan
Paragraph (b) · Elements of the plan · Items (2) and (5)
(2) Intermediate rehabilitation objectives; Intermediate objectives are statements of achievement expected of the veteran to attain the long-range goal. The development of appropriate intermediate objectives is the cornerstone of an effective plan. Intermediate objectives should have the following characteristics: (i) The activity specified relates to the achievement of the goal; (ii) The activity specified is definable in terms of observable behavior (e.g., pursuing an A.A. degree); (iii) The activity has a projected completion date; (iv) The outcome desired upon completion is measurable (e.g., receiving an A.A. degree).
(5) Objective criteria and an evaluation procedure and schedule for determining whether the objectives and goals are being achieved as set forth; and
38 C.F.R. § 21.88
Individualized employment assistance plan
Paragraph (a) · Purpose · Paragraph (c) · Elements of the plan
(a) Purpose. The purpose of the IEAP (Individualized Employment Assistance Plan) is to assure that a comprehensive, thoughtful approach is taken, enabling eligible veterans to secure suitable employment.
(c) Elements of the plan. The IEAP shall follow the same structure as the IWRP. Each IEAP will include full utilization of community resources to enable the veteran to: (1) Secure employment; and (2) Maintain employment.
Records needed
- Case notes and review records showing how progress was to be measured and when reviews were scheduled
5 Promised employment services were not delivered 38 C.F.R. §§ 21.250, 21.252
What was done
The Veteran’s plan named nine services: résumé assistance, application and interview preparation, job-seeking assistance, work-adjustment counseling, job development, placement, monthly job-log review, provider progress reports, and monitoring adjustment to new employment. None of it was delivered.
Instead, on March 12, 2025 at 9:22 a.m., the VR&E Counselor sent the completed plan for signature, stating that signing would commence employment assistance and EAA payments. The email carried three links: to VA’s performance-based interview questions, an OPM page on structured interviews, and the Illinois JobLink registration site. The Veteran was told to write his own résumé to the OPM template and register himself at the state site.
He recalls reporting a number of applications, possibly by text or email, and may have maintained an Excel sheet. He does not recall a substantive review of which jobs he applied for or whether they fit the plan. He reports that VA provided no job leads, employer contact, arranged interviews, advocacy, résumé editing, application review, interview preparation, or work-adjustment counseling. He does not recall an Employment Coordinator or placement contractor and received no assistance from one. He does not recall DVOP contact and did not pursue assistance through DVOP.
A 2026 VA decision later stated that the Veteran was provided a State of Illinois DVOP program for résumé, interview, and placement assistance. No referral confirmation, provider intake, work product, progress report, or placement record is held.
Why it applies
Section 21.250 requires the employment services identified in the plan to be provided. Section 21.252 puts job development and placement on VA, whether VA delivers them directly or arranges an outside provider. The plan identified those services. What the held record shows for 2025 is one email of links and an instruction to register himself. Neither section is satisfied by that.
What the regulations say
38 C.F.R. § 21.250
Overview of employment services
Paragraph (a) · General · Paragraph (b)(2) · Job development
(a) General. Employment services shall be provided if: (1) Eligibility for employment services exists; (2) The employment services which are needed have been identified; and (3) The services which have been identified are incorporated in the veteran's IWRP (Individualized Written Rehabilitation Plan) or IEAP (Individualized Employment Assistance Plan).
(b)(2) The term 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. Continuing and mutually beneficial relationships with employers should be established by VA staff through referral of suitable employees and supportive services (e.g., adjustment counseling and job modification). Job development activities by VA staff are intended to provide disabled workers with a chance for suitable employment with cooperating employers.
38 C.F.R. § 21.252
Job development and placement services
Paragraph (a) · General
(a) General. Job development and placement services may include:
(1) Direct placement assistance by VA;
(2) Utilization of the job development and placement services of: (i) DVOP (Disabled Veterans Outreach Program) specialists; (ii) Programs authorized under the Rehabilitation Act of 1973, as amended; (iii) The State Employment Services and the Veterans’ Employment and Training Service of the United States Department of Labor; (iv) The Office of Personnel Management; and (v) The services of any other public, or nonprofit organization having placement services available; and (vi) Any for-profit agency in a case in which it has been determined that comparable services are not available through public and nonprofit agencies and comparable services cannot be provided cost-effectively by the public and nonprofit agencies listed in this paragraph.
Records needed
- Case notes, job logs, review records, and service work products
- DVOP referral, intake, services, provider reports, and outcome
- CareerScope report and interpretation
6 Independent job and one retroactive payment were treated as success 38 C.F.R. §§ 21.190, 21.268
What was done
The Veteran found the remote Senior Analyst job himself, starting April 18, 2025, and the payment record shows one Chapter 31 deposit against a plan that promised at least two months of EAA. VA knew of the job, likely via automated check-in. There was no placement help, no progress review, no plan-match assessment, and no adjustment counseling. Two EAA checks of $1,967.24 were due. One payment arrived, $1,967.30 on August 26, 2025. The second never did.
Why it applies
The held record does not identify which § 21.190(d) route VA used, how an independently obtained Senior Analyst role satisfied the Junior/Associate occupational objective, or why VA.gov shows one delayed retroactive payment when VA later described two checks and monitoring. Payment establishes that VA treated the Veteran as reaching employability; it does not prove that plan services were delivered or that the plan succeeded.
What the regulations say
38 C.F.R. § 21.190
“Rehabilitation to the point of employability” status
Paragraph (d) · Termination when the goals are achieved · Paragraph (f) · Payment of employment adjustment allowance
(d) Termination of rehabilitation to the point of employability status when goals of the IWRP for this period are achieved. VA will consider a veteran to have completed the period of rehabilitation to the point of employability, and will terminate this status under the following conditions:
(1) The veteran achieves the goals of, and has been provided services specified in, the IWRP;
(2) The veteran who leaves the program has completed a sufficient portion of the services prescribed in the IWRP to establish clearly that he or she is generally employable as a trained worker in the occupational objective established in the IWRP;
(3) The veteran, who has not completed all prescribed services in the IWRP, accepts employment in the occupational objective established in the IWRP with wages and other benefits commensurate with wages and benefits received by trained workers; or
(f) Payment of employment adjustment allowance. An employment adjustment allowance will be paid when the veteran's classification in rehabilitation to the point of employability status is terminated under provisions of paragraph (d) of this section. An employment adjustment allowance will not be paid if termination is for one of the reasons specified in paragraph (e) of this section.
38 C.F.R. § 21.268
Employment adjustment allowance
Paragraph (a) · General
(a) General. A veteran who completes a period of rehabilitation and reaches the point of employability will be paid an employment adjustment allowance for a period of two months at the full-time subsistence allowance rate for the type of program the veteran was last pursuing. (See § 21.190(d))
Records needed
- EAA authorization, calculation, payment ledger, award notice, status basis, and any offset or recoupment
- Records identifying the § 21.190(d) completion route and how the Senior Analyst role satisfied the plan goal
This is the record as I have it today. Privacy Act and FOIA requests are pending, and VA has not commented. Any of it may change.
Self Employment Track?
I thought I was asking to switch to the Self-Employment track. After 5 months of incompetence, they booted me from the program for not participating in the original track.
I give up
I actually told my Counselor to never contact me again. She was confused on how self-employment track even worked.
I realize the problem is much bigger
The VA Hotline is completely ineffective for VR&E cases. Regional offices can claim anything. OIG was probably the rudest organization I’ve dealt with.
Pretend Help
FOIA is a nightmare, it’s going to take me a while to figure it out but this is an independent news organization now so I will be making many more requests for the good of the public. They will create hurdles along the way, I will keep jumping.
How it stands now
The VA has not admitted to handling anything incorrectly. They do not want word to get out that they have been mishandling cases.