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Superior Alliance for Independent Living
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Use the following to help scroll down this page: What is AT | Department of Veterans Affairs | VA Health Services | AT as a Medical Service | Vocational Rehabilitation | The Application Process | VA Partners | Access | How to Appeal | Reopening Claims | Other Funding| Local Resources What is Assistive Technology?Assistive Technology (AT) refers to devices that compensate for functional limitations and enhance daily living, learning, independence, mobility and positioning, vision, hearing, communication, environmental control, computer access, memory, recreation, home modifications, transportation, and choice. Although AT covers a wide range of items, including high tech and computer devices, 85% of assistive technology devices cost less than $100. (AT) for veterans can include prosthetics, walkers, canes, manual and power wheel chairs, hearing aids, as well as voice activated computers and telecommunication devices. Department of Veterans AffairsThe Department of Veterans Affairs (VA), established in 1989 to replace the Veterans Administration, is the government department responsible for administering a system of health care and benefits for veterans, their families and dependents. The VA is the primary funding source for AT for veterans who meet eligibility requirements, and oversees a number of programs that provide a wide range of benefits, including assistive technology, for qualifying veterans. VA Health Care ServicesVA health care services include a wide range of assistive technology and AT-related services. The VA has eligibility criteria that limits who qualifies for its range of benefits. Most eligibility is based on active military service under other than dishonorable discharge. With a few exceptions, veterans must enroll in the VA healthcare system in order to receive (VA) care and services. Once enrolled, veterans are assigned a priority category based on a number of factors that include:
The category given upon enrollment determines eligibility for both general and specific programs and services, with a wider range of services available to those in higher priority categories. AT as a Medical Service for Qualified VeteransThe typical VA medical benefits package includes durable medical equipment, prosthetic and orthotic devices, and adaptive equipment for modifications made to cars and vans. The devices are provided to enrolled veterans receiving care and services if he or she can prove they will benefit from it, and an appropriate healthcare professional determines that the device(s) is needed to promote, preserve, or restore the health of the veteran, within generally accepted standards of medical practice. The VA is more willing than many funding sources to provide the device or service upon a showing that the veteran can benefit from it. The term “prosthetic and similar appliances” has been defined to include artificial limbs, braces, orthopedic shoes, hearing aids, wheelchairs, medical accessories, similar appliances including invalid lifts and therapeutic and rehabilitative devices, and special clothing made necessary by the wearing of such appliance. When medically necessary and feasible, the VA will purchase, make or repair the item in question for eligible veterans. In many cases, the Prosthetic Representative who works for the VA Medical center will help ensure that the veteran gets all the AT he is entitled to. For a veteran who is receiving an increased pension or special compensation based on the need for aid and attendant, he or she may be eligible for a lift or other type of therapeutic or rehabilitative device if the veteran has lost or lost use of both lower extremities and at least partial loss of one upper extremity, has been determined to be incapable of moving himself from a bed to a wheelchair to a bed without the aid of an attendant, and a lift would be a feasible means of achieving movement and is medically necessary. The term lift includes van lifts, residential elevators (under certain circumstances), and specialized hospital beds. AT devices that may also be provided include:
Vocational Rehabilitation and Employment (VR&E) ProgramThe Vocational Rehabilitation and Employment (VR&E) Program through the Department of Veterans Affairs provides a wide range of vocational and educational counseling services to active duty service members and veterans with service-connected disabilities. The program’s primary function is to help individuals who have service-connected disabilities become suitably employed, maintain employment or achieve independence in daily living often through assistive technology. A veteran who is involved in a rehabilitation plan may receive among other things:
To receive an evaluation for vocational rehabilitation services, including assistive technology, a service member must:
A veteran must:
The law provides for a 12 year basic period of eligibility in which services maybe used. The 12 year period begins on the latter of these dates:
The Application ProcessHow to Apply: Service member's and veterans may apply for VR&E services online by going to the official website of the U.S. Department of Veteran Affairs. Applicants will receive an email message from the (VA) office letting them know that the application has been received. Applications (VA form 28-1900) may also be printed out or can be obtained by calling 1-800-827-1000 or visiting the nearest (VA) Regional Office. If a service member or veteran meets the above criteria and applies for VR&E services, a comprehensive evaluation with a Vocational Rehabilitation Counselor will follow. The evaluation will include:
A (VA) counselor will decide if an individual has an employment handicap based on the results of the above comprehensive evaluation. If so, the individual will be entitled to VR&E services. Entitlement to services is established if the individual has a 20% service-connected disability and an employment handicap.If the disability is 10% service-connected, then a serious employment handicap must be found to establish eligibility for the VR&E program. After the entitlement decision is made, the individual and the counselor will work together to jointly develop a rehabilitation plan with a goal generally leading toward employment. In some cases, the plan goal may be related to independent living. The rehabilitation plan may include services for interest and aptitude testing; occupational exploration; setting occupational goals; locating the right type of training program and exploring training or educational facilities which might be utilized to achieve and occupation goals. The following service delivery options may be provided under a rehabilitation plan:
All of the above services may include assistive technology as part of the rehabilitation plan. Unfortunately, the rules governing assistive technology can be confusing between service-related and non-service related injuries and illnesses. For instance, prosthetic and rehabilitative devices are treated the same between service and non-service related injuries or illnesses veterans are completely covered in both cases. However, adaptive equipment for vehicles and vocational training are only available for veterans with service related injuries. The type of injury also presents inconsistencies. Veterans with spinal cord injuries can obtain a computer through vocational training or as part of an environmental control unit, but they cannot obtain a computer solely as a rehabilitative device. In those cases when an individual is not found to be entitled to VR&E services, the counselor will assist him or her to use the information gathered in the initial evaluations to identify other options, goals and program that could contribute to sound vocational adjustment (such as Michigan Rehabilitation Services, information about financial aid, and referral to a Department of Labor program). VA Partners in VR&EThe Department of Veterans Affair (VR&E Program) and the Department of Labor (Training Service) have partnered on both a national and local level to provide direct job service to participants. The VA and the Department of Defense formed a partnership that addresses the adjustment needs of service member's with disabilities, known as the Disabled Transition Assistance Program. This program gives service member's with disabilities access to VR&E at an early point of transition from military to civilian occupations. Lastly, the VR&E program has also partnered with the Compensated Work Therapy Program of the Veterans Health Administration to bring transitional and permanent jobs to veterans who may be returning to the workforce following medical rehabilitation. Independent Living ProgramWho Qualifies: Veterans whose service connected disabilities are so severe they are currently unable to pursue an employment goal. What is the Independent Living Program (ILP):The Independent Living Program’s goal is to make sure that each eligible veteran is able, to the maximum extent possible, to live independently and participate in family and community life increasing their potential to return to work. Services may include:
How are Independent Living Programs Developed:When a Vocational Rehabilitation Counselor (VRC) determines that employment goals are not currently feasible. An evaluation of the veteran’s independent living needs will be conducted. The Vocational Rehabilitation Counselor and veteran will work together to identify the veteran’s needs and an Independent Living Plan (ILP) will be written providing the services necessary to meet the veteran’s identified needs. Referral to specialized rehabilitation facilities and/or consultation with other rehabilitation professionals may be necessary in the development and implementation of a veteran’s ILP. AccessAccess to assistive technology can be a difficult road. Veterans will need to visit a military or veterans medical center for medical review, followed by a visit to a center specializing in the type of assistive technology they need. This can present a problem for veterans residing in rural areas away from a veterans center. If they choose not to travel, using local services instead, the federal government does not usually cover the costs. While the federal government does contract out some of its work with a few private sector organizations and has established some community-based outpatient clinics, it is impossible for veteran services to cover all of the rural areas. Fortunately, in the Upper Peninsula, the VA center in Iron Mountain has contracted out some of its services. SAIL has assisted veterans in requesting services be contracted locally. The waiting period for veterans to obtain services and assistive technology also varies depending upon the region they reside in and the type of injury. Some of the sites have a high volume of veterans requesting services, which increases the wait time for assistive technology. In other cases, the type of injury and the specialization needed increases the wait. For example, a veteran, who is blind, can receive assistive technology and training at seven centers under the VA system throughout the nation. However, due to the demand and the few numbers of sites, a blind veteran may wait up to nine months to receive assistance. How to Appeal a VA DecisionIt is not unusual for veterans to face challenges establishing their disability, the severity of their disability, that the disability is service connected and not the result of the veteran’s willful misconduct, or in producing financial information to prove they are unable to defray the costs of the medical care. Many will need to pursue appeals to establish their rights to VA benefits. A number of Veterans Service Organizations can assist with establishing eligibility or appeals. If the issue faced concerns eligibility for (AT) specifically, individuals can also contact the National (AT) Advocacy Project. The VA is obligated to assist a claimant in developing the facts relevant to his or her claim and to render a decision which grants every benefit that can be supported in law. The VA is required to consider all the evidence in the record, and when the positive and negative evidence is balanced, give the benefit of the doubt to the claimant. Veterans have one from the date the VA decision was mailed to file an appeal. Claims must be submitted on forms approved by the VA and are available from the VA upon request. The claimant begins the appeal process by filing a written Notice of Disagreement with the regional office. A Notice of Disagreement is considered timely if it is postmarked within one year of the mailing of the VA decision. Following receipt of the Notice of Disagreement, the VA will furnish a Statement of the Case. The statement must include a summary of the evidence relevant to the contested issues and a decision on each issue, with a summary of the reasons for each decision. The claimant may request a review of the regional office decision by an individual who was not involved in the original decision. Upon receipt of the Notice of Decision, the VA will notify the claimant in writing of his or her right to this review. The claimant then has 60 days from the date of the mailing of the regional office in which to request the review. If no request is filed, the VA will proceed with the appeals process by issuing a Statement of the Case. The regional office reviewer may request additional information, hold an informal conference with the claimant, and if requested by the claimant, may hold a hearing. A veteran who wants to proceed with the appeal, with or without a regional office review, must file a Substantive Appeal before the Board of Veterans Appeal (BVA) within 60 days of the date the Statement of the Case is mailed. The appeal must set forth specific allegations of error of law or fact made in the decision and must clearly identify the benefits sought. Veterans who lose at the Board of Veterans Appeal may appeal the decision before the U.S. Court of Veteran Appeals. A Notice of Appeal must be filed within 120 days of a BVA decision. As in all court appeals, the appellant should be represented by an attorney. Reopening Claims and Requests for RevisionA veteran may reopen a final claim upon submission of new and material evidence not previously submitted to the VA and related to an unestablished fact necessary to substantiate the claim. A decision may be revised or reversed upon a showing that the decision of the VA Secretary was based on clear and unmistakable error. Other Funding SourcesIf a veteran is unable to secure assistive technology through the Veterans Administration, other sources of funding , both public and private, do exist. Each source, however, has it’ own regulations, limits and eligibility requirements and each case is unique. SAIL advocates are available to assist in developing a funding strategy to find an effective funding source for the needed AT device. Local Resources for AT:Superior Alliance for Independent Living UCP
Michigan Assistive Technology Center ATXchange.org Department of Veterans Affairs Vocational Rehabilitation and Employment Program.
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