Statement of
Dorcas R. Hardy
Chairman, Vocational Rehabilitation and Employment Task Force
Department of Veterans Affairs
April 1, 2004
Mr. Chairman and Members of the Subcommittee:
Thank you for inviting me to comment on the findings and recommendations
of the 2004 Vocational Rehabilitation and Employment Task Force. The
report, “The Vocational Rehabilitation and Employment Program for the
21st Century Veteran,” was published this week and has been presented to
the Secretary.
It is critical at this time in our history—when our Nation is at
war—that the VR&E Service and its partners provide our injured service
members with a seamless transition from the military to a successful
rehabilitation and on to suitable employment or, if necessary,
independent living (IL).
This report is a blueprint for the Vocational Rehabilitation and
Employment Service to rebuild its program into a new, comprehensive,
employment-driven service delivery system responsive to the 21st century
needs of service-connected disabled veterans. Our proposed new system is
aligned with modern vocational rehabilitation practices that focus on
veterans’ abilities, not their disabilities. With appropriate leadership
and resources, this program can become the model of public sector
rehabilitation and employment.
In the fall of 2002, Admiral Cooper, Under Secretary for Benefits,
issued a detailed guidance to VA Regional Office directors that focused
on making the VR&E Program more proactive in serving program
participants. His growing concern led him to ask Secretary Principi to
establish a Task Force to make an independent assessment of the program.
Secretary Principi chartered the Task Force in May 2003 and the initial
fact-finding meeting was held that same month.
The Secretary directed the Task Force to give the VR&E program “an
unvarnished, top-to-bottom independent examination, evaluation, and
analysis.” He challenged us to make recommendations to ensure that this
program meets the intent of the law and the needs of service-connected
disabled veterans with employment handicaps. I believe that this report
thoroughly addresses those concerns.
Today, I would like to review for you:
• How the Task Force worked
• Some findings on the program and the veterans being served
• A blueprint for change, and
• Why VR&E must change now
How the Task Force Worked
The 12 members of the VR&E Task Force represented a diverse group of
public and private sector experts from the disability community,
veterans service organizations, and the fields of rehabilitation,
employment services, and public administration.
The Task Force conducted its work through fact-finding sessions, site
visits, informal focus groups, analysis of program data, and reviews of
previous reports. The Task Force also benefited from conversations with
representatives from the General Accounting Office and the Veterans
Health Administration and officials of other federal agencies, as well
as private sector vocational rehabilitation experts, Chapter 31
veterans, and field staff who made valuable comments.
Because of the complexity of the program and the realization that it
would be necessary to recommend a complete redesign of every part of the
program, the report is very comprehensive and nothing is left to chance.
Task Force Findings
While the report highlights things that we found wrong with the VR&E
program, we found many things that are right. From our perspective, the
VR&E officers and staff in the field have done a superb job of
weathering what has been a long period of inattention by Central Office
(CO). We were particularly impressed with the dedication and desire of
the VR&E staff and contract professionals to serve veterans.
As this subcommittee knows, Congress started a rehabilitation program
for war-injured veterans of World War I, and from that time until 1980,
successful rehabilitation was defined as the completion of training for
suitable employment, not actual employment. Public Law 96-466 in 1980
changed everything. Since that time, successful rehabilitation has been
defined as obtaining and maintaining suitable employment or achieving
independent living. Since 1980, VA’s vocational rehabilitation program
has had little success in achieving the purpose of the law, despite
being renamed, reorganized, and realigned several times.
Over the past two decades, the program has also been reviewed, assessed,
and audited at least 24 times in separate external and internal reports,
often by GAO, but also by the Congressional Commission on Service
Members and Veterans Transition Assistance in 1999. Annually the VSO
Independent Budget reports have also commented on the program.
Recurring themes appear throughout these reports, touching both the
Central Office as well as the delivery of vocational rehabilitation and
employment services in the field. The Central Office was criticized for
failure to provide leadership, guidance, and program direction, often
resulting in poor decision-making, outdated policies and procedure
manuals, and lack of adequate program data.
The vocational rehabilitation and employment process has been repeatedly
criticized for putting the emphasis on training, not employment services
and employment results. The program was called too process-driven,
resulting in a high attrition rate and a low success rate. In this
process, veterans were declared rehabilitated without providing
sufficient follow-up activities to make sure that the goal of long-term
suitable employment was achieved. And, VR&E did not prioritize serving
veterans with severe service-connected disabilities.
In addition, previous reports raised concerns about the failure to
coordinate and be supportive within VA, with the Department of Labor,
and with other federal and state agencies. The most significant and
persistent criticism was that VR&E has still not fully implemented the
types of changes necessary to comply with the 1980 law.
We can see the inability to achieve the employment goal in other ways:
• VBA has surveyed VR&E program participants since 1999. Participating
veterans gave good marks to all the phases of the program except the job
ready phase.
• Figures from the Bureau of Labor Statistics indicate that disabled
veterans are on the low rung of the employment ladder.
A look at VR&E today can help explain why the employment goal has eluded
the organization, despite notable efforts in recent years to refocus the
program.
VR&E’s vocational rehabilitation work process has remained relatively
unchanged for many years. The process:
• Is composed of sequential steps that each veteran must go through to
receive services—one size fits all.
• Takes a long time for the veteran to be ready for employment, creating
more opportunities for life’s problems to interrupt rehabilitation.
• Does not give priority to those veterans with serious disabilities.
• Places employment primarily at the end of the long, multi-step process
rather than as an upfront consideration.
• Puts the focus on education, not employment, thus offering little in
the way of informed choice for the veteran who may want to be employed
right away, return to a previous employer, or pursue self-employment.
The Task Force was especially concerned with the growing workload, some
of which has been consistently underreported over the years:
• The number of veterans applying for Chapter 31 benefits increased by
73 percent from FY 1992 to FY 2003.
• The number of veterans in various active phases of the Chapter 31
program at the end of FY 2003 increased by 67 percent in the same period
(to 97,158 at the end of FY 2003).
• Annually more than 70 percent of the rehabilitation plans call for
training or education.
• The number of veterans rehabilitated by obtaining a job or achieving
independent living has averaged only about 10,000 a year since 1998. The
number of veterans who gained employment gradually went down while the
number of veterans maintaining Independent Living goals went up from FY
1998 to the end of FY 2003.
At present, the number of unique veterans being served in some capacity
during a fiscal year is not fully reported. For example, the number of
veterans who were in various active phases of the Chapter 31 programs
(97,158 at the end of FY 2003) does not include veterans:
• In discontinued status,
• Receiving Chapter 36 counseling,
• Referred by VHA or other organizations for counseling,
• Evaluated 60 days after achieving their vocational rehabilitation
goal,
• In receipt of counseling that does not result in Chapter 31 program
participation, or
• Who received evaluations but were not found entitled.
The Task Force found VR&E and its whole organizational structure and
staff under stress. Comments from VR&E staff reflect a concern that the
demands and expectations being placed on VR&E are exceeding the
organization’s capabilities to effectively deliver an array of
comprehensive services.
Further, the administration of the program is not consistent across VA
Regional Offices as evidenced by the lack of standards of practice,
evidence-based guidelines, and protocols. In addition, the VBA lacks
cost accounting data on resources expended to rehabilitate individual
veterans.
Lack of consistency is especially evident in the Independent Living
program. Currently within VR&E there is a lack of sufficient direction
and staff training, specialized personnel, and integration with the VHA
and the larger community-based IL movement to comprehensively serve a
disabled veteran. Individual VR&E offices have implemented their own
approaches to IL services and have emphasized mostly quality of life
issues and personal goals (which are important), but with little
attention to potential employment opportunities. The IL philosophy that
has developed over the last 40 years includes empowerment, productivity,
community inclusion, equal access, and employment.
For the VR&E program as a whole, employment is the primary stated
objective for any veteran who enters the program. However, VR&E does not
capture data on a veteran’s participation, or if a veteran gets a job
prior to completing his or her vocational rehabilitation plan, or why a
veteran elects to discontinue the program. VR&E data indicate that about
20 to 25 percent of the new applicants have been in the program before.
The Task Force observed that over the years, VBA’s processing of claims
has significantly improved—and rightly so. However, it appears that over
an extended period of time, the emphasis on one of VA’s historic
missions—counseling and rehabilitation—has significantly diminished.
The Task Force concluded that the current VR&E System does not work as
it was envisioned by Congress. It is our opinion that the system must
and can be rebuilt, not just tinkered with.
Task Force Recommendations
For the VR&E program to be effective in the 21st Century, the Task Force
recommends that VBA implement a new, five-track employment-driven
service delivery system and a broad-based strategy to communicate to
veterans and partners that the purpose of the program is employment.
The Five-Track Employment Process is the cornerstone of our
recommendations. The new process includes five specialized program and
service delivery options—all upfront in the process and based on
informed choice for disabled veterans. The choices include:
• Reemployment of veterans with their previous employers
• Access to rapid employment services with new employers
• Self-employment for veterans
• Long term (traditional) vocational rehabilitation services including
education
• Independent Living services with the possibility of employment when
appropriate.
The Task Force recommends the use of triage techniques to provide for
rapid assessment of a veteran’s immediate and long-term needs and
placement into an initial track—with the agreement of the individual
veteran. But the process provides options for moving to other tracks as
needed to reach the employment goal. This contrasts with the current
process that includes lengthy, linear steps most often beginning with
education, but less often leading to suitable employment.
However, rebuilding the employment process alone is not enough.
The overall service delivery system, of which this five-track process is
the key part, must be redefined and shored up—program management, fiscal
and human resource allocations, quality assurance, procurement, and much
more. It is just as important to increase Central Office capacities as
to implement a new employment-driven process for the field. The Task
Force believes that VR&E can be successful in rehabilitating the
veterans who come to its door. Implementation of Task Force
recommendations will better enable VA to care “for him who shall have
borne the battle.”
The report includes more than 100 recommendations in four broad
categories—Program, Organization, Work Process, and Integrating
Capacities.
• Program recommendations address eligibility and entitlement,
employment services and staffing, policy development, Independent Living
services and staffing, and partnerships, including federal, state, and
local.
• Organization includes recommendations on organizational, program and
fiscal accountability; CO organization and facilities; and CO staffing
and workforce management.
• Work Process highlights recommendations on workload management,
contract services, case management and specialization, priority service
at VHA, functional capacity evaluation (FCE), and Disability Transition
Assistance Program (DTAP).
• Integrating Capacities recommendations address regulations and
manuals, performance measures, quality review process, information and
systems technology, training, resource management, and program analysis
and evaluation.
The report provides commentary or appendices that explain in
considerable detail what steps to take and in what sequence.
Here are some of the other Task Force recommendations by category.
Program
• Develop new policies and procedures to implement the new, five-track
employment-driven service delivery system with priority given to Guard
and Reservists in the tracks for reemployment and rapid access to jobs.
• Expand Chapter 36 to fully use its capabilities. This will speed up
counseling services to veterans even before entitlement to Chapter 31
has been established. (About 88 percent of those found eligible are
found entitled in the current process.)
• Remove the limiting periods for use of Chapter 36 counseling benefits,
which we understand may require a legislative change.
• Accelerate the delivery of Chapter 31 rehabilitation services to those
veterans in most critical need. This means, for example, considering
making the following veterans automatically eligible or entitled:
individuals medically discharged by DoD, veterans with a combined
service-connected disability rating of 50 percent or more, and veterans
who have loss of limb or loss of use of limb.
• Create new staff positions and add staff for an Employment Readiness
Specialist and a Marketing and Placement Specialist to facilitate
implementation of the five-track employment-driven service delivery
system.
• Establish a VR&E Service CO staff position dedicated to lead and
manage the Independent Living program.
• Create Independent Living Specialists positions with personnel
experienced in social work, counseling psychology, and disability.
• Provide consistent and uniform training for IL specialists; provide
consistent training.
• Initially, focus VHA/VR&E integration on Centers of Excellence for
spinal cord injury, traumatic brain injury, blind rehabilitation, and
stroke. Establish protocols for a VHA/VR&E team approach (One VA) under
the leadership of the IL specialist.
• Initiate a study of the population of veterans currently in the VR&E
IL Program and those receiving IL services; use this data and other
research to develop estimates of the future demand for IL services and
the types of services that might be needed to support veterans.
Organization Recommendations
• Enhance the functionality of CWINRS on a priority basis to address
requirements for internal control and financial management. This means
more effective management of contractor services and products by
veteran, counselor and type of goods or services; establishing
cumulative expenditure thresholds for purchase of goods and services and
establishing a second level of pre-approval tied to these thresholds.
• Increase the current direct staffing level of the VR&E Central Office
staff to more appropriately reflect the level of resources needed to
execute the mission of the VR&E Service and support new and required
capacities.
• Provide dedicated staff to plan and implement VA's responsibilities in
DTAP and execute a consistent, national DTAP program at all Department
of Defense installations and Military Treatment Facilities.
Work Process Recommendations
• Design and implement pilot functional capacity evaluation projects as
a first step toward implementation as needed throughout the program.
• Set goals and measures of success to improve the administration of
VA's responsibilities in TAP and DTAP.
Integrating Capacity Recommendations
• Work with General Counsel to publish updated Chapter 31 regulations
consistent with the new Five-Track Employment Process and the integrated
service delivery system within 9 months of the date of the VR&E Task
Force Report.
• Initiate a study of other federal, state, and private sector
vocational rehabilitation service organizations to benchmark process
outcomes, performance measures, and quality assurance processes.
• Remove the VBA policy constraints impacting VR&E productivity and
service delivery to install T-1 lines for all VR&E out-based locations.
• Hire a systems integration contractor to provide sustaining support to
the VR&E Service for process and requirements analysis, technology
assessments and recommendations, assistive technology consultation, and
project management.
• Develop and conduct formal initial training courses and a recurring
training program using community as well as private sector and
university-based experts and advocates in the field of disability,
rehabilitation, and employment of persons with disabilities.
It is extremely important that VR&E integrate services and strategies
across agency lines. VR&E needs partners if it is to rebuild and meet
the needs of current and future veterans with service-connected
disabilities.
VR&E needs to renew alliances at all levels and make new strategic
alliances with new partners at the local, state, and national levels.
The Task Force suggests that the level of cooperation between VR&E and
others that assist veterans should be dramatically improved,
particularly with the Department of Labor’s Veterans’ Employment and
Training programs.
The partnerships with the Departments of Labor and Defense must be
strengthened and implemented if VR&E is to succeed. Working together
will better benefit our service-connected disabled veterans. During the
site visit to San Diego, the Task Force observed a successful
partnership between VETS representatives and VR&E staff that was
reinforced by a written agreement. Likewise, the State Directors of
Veterans Affairs must continue to be key strategic partners with VR&E at
state and local levels.
Well-developed networks are in place for many groups, both public and
private sector, and they should be used to improve outreach efforts to
inform veterans about VR&E services as well as to generate potential
employment opportunities. For example, the Task Force recommends that VR&E
leverage the capabilities of State Vocational Rehabilitation agencies.
The Task Force urged a Memorandum of Agreement with the Council of State
Administrators of Vocational Rehabilitation and this MOU will become a
reality when Admiral Cooper and VR&E Service Director Judy Caden sign
the document on April 26.
It is important that all agencies at all levels of government—federal,
state, local, and tribal—work together to ensure that our veterans,
especially our disabled veterans, are properly served. VR&E must apply
state-of-the-art practices and make job placement and retention the
measure of success. To do this, agencies must use strategic partnerships
and alliances, not only with each other but with the private sector,
which will be a willing partner.
Why VR&E Must Change Now
The Task Force Report offers six principal reasons why VA must transform
VR&E now, not later.
• The U.S. is at war. Service to our injured service members must become
a cardinal priority.
• This sense of urgency has never been more acute than now. The VR&E
Service is facing a new challenge: Many Guard and Reserve personnel who
have been mobilized will want to return directly to employment or to
college.
• Significant numbers of veterans—in war and peacetime—will continue to
experience illnesses or impairments that impact their lives forever.
However, advances in medical rehabilitation, biomedical technology,
rehabilitation engineering, and assistive technology will enable many
who were not previously employable to get a job and to work for longer
periods of time after military service than in previous generations.
• After every war, programs must adjust to the needs of the new veteran
and a new environment. This means providing the type and timeliness of
employment-driven services needed today and in the future because the
demand for service and knowledge-based skills is greater than the demand
for physical labor.
• The VR&E Program is also out of sync with 21st Century attitudes
towards persons with disabilities. This Nation has witnessed a seismic
shift in societal attitudes toward persons with disabilities, especially
since the passage of the Americans with Disabilities Act (ADA) in 1990,
the world’s first comprehensive civil rights legislation for people with
disabilities. Views have shifted from disabilities to the abilities of
persons, along with a rapid return-to-work strategy.
• Finally, strong indicators point to the fact that the current VR&E
program, organization, and traditional vocational rehabilitation process
are stressed.
It is my fervent hope that no more reports or discussions about the
Vocational Rehabilitation and Employment Program are needed, just
immediate and concrete actions that are supported by the Administration,
the Department, and the Congress. Veterans deserve service that is
timely, effective, and efficient. It is good public policy and it is the
right thing to do.
For the service-connected veterans of this century, and for those who
served before, VA must shore up the Vocational Rehabilitation and
Employment Program. Why not build on its strengths, learn from its
shortcomings, and make it the best public sector vocational
rehabilitation program.
To serve those who serve us, we all must make the commitment and bear
the price because what they give up is greater and what they give us is
priceless.
It has been my honor to serve as the VR&E Task Force Chairman and I
appreciate the opportunity to appear before this Subcommittee.
The complete VR&E Task Force Report is available online at www.va.gov/opp/vre_report.htm.
Thank you.
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