Madam Chair and Members of the Subcommittee:

On behalf of the 1.3 million members of the Disabled American Veterans (DAV), I am honored to present this testimony to address the Department of Veterans Affairs’ Independent Living Program (ILP). 

The purpose of the Vocational Rehabilitation and Employment (VR&E) program is to provide all services and assistance necessary to enable veterans with service-connected disabilities to become employable and obtain and maintain suitable employment, and to the maximum extent feasible, achieve independence in daily living.  However, in any case wherein the VA has determined that the achievement of a vocational goal by a veteran currently is not reasonably feasible, such veteran shall be entitled, in accordance with the provisions of 38 U.S.C.A. 3120, to an ILP designed to enable such veteran to achieve maximum independence in daily living.  See 38 U.S.C.A. § 3109 (West 2002). 

In accordance with 38 U.S.C.A. § 3120, a program of independent living services and assistance may be made available under this section only to a veteran who has a serious employment handicap resulting in substantial part from a service-connected disability.  Eligibility for acceptance into the ILP is hinged on a determination that achievement of a vocational goal currently is not reasonably feasible. See 38 U.S.C.A. § 3106(d) and (e). 

An ILP for services and assistance to a veteran shall consist of such services as the Secretary determines necessary to enable such veteran to achieve maximum independence in daily living.  The scope of services and assistance provided is governed by 38 U.S.C.A. § 3104, and include the following:

1. Evaluation, including periodic reevaluations as appropriate with respect to a veteran participating in a rehabilitation program, of the potential for rehabilitation of a veteran, including diagnostic and related services (A) to determine whether  the veteran has an employment handicap or a serious employment handicap and whether a vocational goal is  reasonably feasible for such veteran, and (B) to provide a basis for planning a suitable vocational rehabilitation program or a program of services and assistance to improve the vocational rehabilitation potential or independent living status of such veteran, as appropriate;

2. Educational, vocational, psychological, employment, and personal adjustment counseling;

3. An allowance and other appropriate assistance, as authorized by section 3108 of title 38;

4. A work-study allowance as authorized by section 3485 of title 38;

5. Placement services to effect suitable placement in employment, and post-placement services to attempt to insure satisfactory adjustment in employment;

6. Personal adjustment and work adjustment training;

7. (A) Vocational and other training services and assistance, including individualized tutorial assistance, tuition, fees, books, supplies, handling charges, licensing fees, and equipment and other training materials determined by the Secretary to be necessary to accomplish the purposes of the rehabilitation program in the individual case,

(B) Payment for the services and assistance provided under subparagraph (A) shall be made from funds available for the payment of readjustment benefits;

8. Loans as authorized by section 3112 of title 38;

9. Treatment, care, and services described in chapter 17 of title 38;

10. Prosthetic appliances, eyeglasses, and other corrective and assistive devices;

11. Services to a veteran's family as necessary for the effective rehabilitation of such veteran;

12. For veterans with the most severe service-connected disabilities who require homebound training or self-employment, or both homebound training and self-employment, such license fees and essential equipment, supplies, and minimum stocks of materials as the Secretary determines to be necessary for such a veteran to begin employment and are within the criteria and cost limitations that the Secretary shall prescribe in regulations for the furnishing of such fees, equipment, supplies, and stocks;

13. Travel and incidental expenses under the terms and conditions set forth in section 111 of title 38, plus, in the case of a veteran who because of such veteran's disability has transportation expenses in addition to those incurred by persons not so disabled, a special transportation allowance to defray such additional expenses during rehabilitation, job seeking, and the initial employment stage;

14. Special services (including services related to blindness and deafness) including--

(A) language training, speech and voice correction, training in ambulation, and one-hand typewriting,

(B) orientation, adjustment, mobility, reader, interpreter, and related services, and

(C) telecommunications, sensory, and other technical aids and devices;

15. (15) Services necessary to enable a veteran to achieve maximum independence in daily living;

16. Other incidental goods and services determined by the Secretary to be necessary to accomplish the purposes of a rehabilitation program in an individual case.

A rehabilitation program (including individual courses) to be pursued by a veteran shall be subject to the approval of the Secretary.

Unfortunately, Congress has limited programs of independent living services and assistance to no more than 2,500 veterans in each fiscal year.  The first priority is afforded to veterans for whom the reasonable feasibility of achieving a vocational goal is precluded solely as a result of a service-connected disability.  See 38 U.S.C.A. § 3120(e).  However, among those veterans who are provided a program of independent living services and assistance, the VA is required by 38 U.S.C.A. § 3120(c) to include, to the maximum extent feasible, a substantial number of veterans who are receiving long-term care in a VA hospitals and nursing homes, to include contract nursing homes.

The DAV’s experience has been that this program provides an invaluable benefit to the most seriously disabled veterans.  We have not experienced many problems with its implementation or the types of services it provides.  However, the 2,500 statutory limit on enrollees is incredibly low considering that the program must provide services to brand new seriously disabled veterans, those in nursing homes and hospitals, and those in between.

Including the reasons above, the statutory limit is exceptionally low considering that we are at war, which renders this program more of a necessity than ever.  Therefore, the DAV’s primary suggestion is that the statutory limit should be removed entirely. 

Madam Chair, this concludes my testimony on behalf of DAV.  We hope you will consider our recommendations.