M-21-1Updated
Regulation text

Part XIII, Subpart i, Chapter 5, Section BMemorandum Vocational Rehabilitation/Employment (VR&E) Ratings

The full text of this section from M-21-1. Check the official source for the controlling version before you rely on it.

View official source

Looking for something else?

Contents12 blocks

Revised February 27, 2019

XIII.i.5.B.1.aRequests for Memorandum VR&E Ratings

Veteran Readiness and Employment (VR&E) Service may request a memorandum rating to determine whether the claimant’s service-connected (SC) disabilities meet the 10-percent or 20-percent eligibility requirements per M21-1, Part XIII, Subpart i, 5.A.2, in any of the following situations:

Note: A proposed rating decision prepared under the Integrated Disability Evaluation System (IDES) program may also serve to establish entitlement to VR&E services in lieu of a memorandum VR&E rating. If one has already been completed, provide a copy to the requesting VR&E office. For electronic rating decisions, inform the VR&E contact of its availability via the electronic claims folder (eFolder). References: For more information on

2Requesting Medical Evidence for Memorandum VR&E Ratings

Introduction

This topic contains information on requesting medical evidence for memorandum VR&E ratings, including

  • when to request a physical examination for a memorandum VR&E rating
  • requesting
    • additional service treatment records (STRs) for a memorandum VR&E rating, and
    • other records for a memorandum VR&E rating, and
  • evidence for service members awaiting discharge for disability.

Revised June 18, 2019

XIII.i.5.B.2.aWhen to Request a Physical Examination for a Memorandum VR&E Rating

Consider requesting a physical examination or other development (including a hospital report) for the purpose of preparing a memorandum VR&E rating if a minimum 20-percent evaluation cannot be assigned based on the evidence of record. Note: Before development, the evidence must demonstrate a reasonable probability of SC disability.

XIII.i.5.B.2.bRequesting Additional STRs for a Memorandum VR&E Rating

The original VR&E benefit application package should contain all service treatment records (STRs) available at the time of the Veteran’s or service member’s separation. Do not request additional STRs unless

  • service connection (SC) at a minimum of 10 percent for any of the disabilities claimed is not supported by available medical records, and
  • there is a clear indication in the folder that there are, in fact, additional records available.

Notes:

  • In Transition Assistance Program/Disabled Transition Assistance Program (DTAP) cases, STRs, a copy of DD Form 214 , Certificate of Uniformed Service , and VA Form 28-1900 are sent directly to a regional office (RO).
  • If problems are found with record requests from any separation centers,
    • apply the Specialized Records Request special issue indicator in the Veterans Benefits Management System (VBMS), and
    • resolve the issues through the Military Records Specialist or the Military Services Coordinator in the Veterans Service Center.

XIII.i.5.B.2.cRequesting Other Records for a Memorandum VR&E Rating

If the claims folder indicates the existence of additional records in the Veteran’s custody that would be pertinent to the pending decision, request those records prior to preparing a memorandum VR&E rating.

XIII.i.5.B.2.dEvidence for Service Members Awaiting Discharge for Disability

Any VA Form 28-1900 filed by a service member who is awaiting discharge for disability is generally accompanied by all readily available service department medical records and, if available, a current hospital report. If additional specific records are required, they should be requested from the applicable service department. After a memorandum VR&E rating (or proposed IDES rating) is completed, make copies of all original records that must be returned. Reference: For more information on VR&E claims involving pre-discharge cases, see M21-1, Part X, Subpart i, 6.D.1.

3Rating VR&E Claims

This topic contains information on rating claims for VR&E benefits, including

  • preparing a memorandum rating decision for VR&E purposes
  • memorandum VR&E rating Codesheet
  • no current examination used in the memorandum VR&E rating decision
  • notifying the VR&E activity of the memorandum VR&E rating decision
  • reevaluation
    • on the basis of medical infeasibility, and
    • when rehabilitation becomes medically feasible, and
  • notifying the VR&E activity of changes to the Veteran’s disability evaluation.

Revised January 8, 2025

XIII.i.5.B.3.aPreparing a Memorandum Rating Decision for VR&E Purposes

Prepare a memorandum VR&E rating decision if the

  • VR&E activity requests one for a claim filed for vocational rehabilitation under 38 U.S.C. Chapter 31, or
  • RO receives a VA Form 28-1900 __ from a
    • Veteran who has no current SC disability rating, or
    • service member who
      • is in active service awaiting discharge or retirement for disability, or
      • claims to have a qualifying disability for DTAP.

Exception: A memorandum VR&E rating is not required when there is a proposed rating decision prepared under the IDES program. Reference: For more information on IDES ratings for VR&E purposes, see VR&E Letter 28-10-09.

XIII.i.5.B.3.bMemorandum VR&E Rating Codesheet

On the memorandum VR&E rating Codesheet , use a single diagnostic code representing the primary or most significant disability. List any other disabilities in the DIAGNOSIS field. Use the table below to verify the proper language is used in the rating decision.

If deciding that ...Then ensure that the Compensation/Vocational Rehability Purposes section of the Codesheet reflects ...

eligibility for VR&E services exists because of a 20-percent or greater evaluation

Voc Rehab Purposes, SC 20 Percent or More.

SC for a Veteran is warranted at a rate of 0 or 10 percent

whichever of the following is appropriate:

  • Voc Rehab Purposes, SC 10 Percent , or
  • Voc Rehab Purposes, SC Not Compensable.

SC for a service member is warranted at a rate less than 20 percent

Voc Rehab Purposes, Active Duty – Less than 20 Percent.

eligibility for VR&E services does not exist because no disabilities are subject to SC

Voc Rehab Purposes, NSC.

XIII.i.5.B.3.cNo Current Examination Used in the Memorandum VR&E Rating Decision

When preparing a memorandum VR&E rating decision, if entitlement is established without a current examination, note that fact for the benefit of the VR&E counselor or counseling psychologist.

XIII.i.5.B.3.dNotifying the VR&E Activity of the Memorandum VR&E Rating Decision

Notify the VR&E activity of the memorandum VR&E rating decision by completing the following:

  • upload the decision and VA Form 28-1900 into the eFolder (if not previously uploaded)
  • send an encrypted e-mail to the VR&E office of jurisdiction (using the appropriate e-mail address from among those listed in the table below) that includes the
    • Veteran’s name and claim number, and
    • date of the corresponding rating decision, and
  • upload a copy of the e-mail to the eFolder.

XIII.i.5.B.3.eReevaluation on the Basis of Medical Infeasibility

If the VR&E panel determines temporary or permanent medical infeasibility for rehabilitation of a Veteran rated less than 100-percent disabled, it will refer the case with a statement of the facts to the rating activity for reevaluation.Note: The determination of infeasibility constitutes an adequate basis for rating activity consideration of the case.

XIII.i.5.B.3.fReevaluation When Rehabilitation Becomes Medically Feasible

If the decision of medical infeasibility was temporary and resulted in an increased rating, the VR&E activity will refer the case for reevaluation to the rating activity if the Veteran becomes medically feasible for rehabilitation. Reference: For more information on medical feasibility, see M28C, Part IV, B.1.06.

XIII.i.5.B.3.gNotifying the VR&E Activity of Changes to the Veteran’s Disability Evaluation

Notify the VR&E activity of a rating decision that effectuates any of the following outcomes for a Veteran currently participating in a VR&E evaluation or program:

  • implements a final determination of SC when only a memorandum rating decision for VR&E purposes is otherwise of record
  • awards entitlement to individual unemployability benefits, or
  • reduces the evaluation of or severs entitlement to an SC disability.

The table below describes the process for preventing improper payments and ensuring timely notification to the VR&E activity.

StageWho Is ResponsibleDescription
1

rating activity

Searches the corporate record to determine if the Veteran has an active Chapter 31 flash.

2

rating activity

Upon discovery of such a flash, alerts authorization activity of the existence of an active Chapter 31 flash according to locally defined procedures (such as a special notation on the rating or an e-mail).

3

authorization activity

Sends an encrypted e-mail to the VR&E office of jurisdiction to inform the office of the new rating decision in the eFolder. Note : The e-mail must include the

  • name and claim number of the Veteran or service member, and
    • date of the new rating decision.

Reference: For more information on e-mail addresses for individual VR&E offices, see the table in M21-1, Part XIII, Subpart i, 5.B.3.d.

4

authorization activity

Enters a note in VBMS, documenting the action and the date it was taken.

Note : The VR&E activity will establish internal procedures to route the notifications to the appropriate VR&E case worker.

End of Part XIII, Subpart i, Chapter 5, Section B

This text is a rendering of Part XIII, Subpart i, Chapter 5, Section B. The official version is the one that governs your claim.

View official source
What next

Using this section

A regulation only helps if you point at it. Here is how to put this one to work.

  1. Cite it by number

    Write Part XIII, Subpart i, Chapter 5, Section B into your statement and quote the sentence you are relying on. A rater reading a claim that names the rule spends less time guessing what you meant.

  2. Find the rest of the rule

    Sections cross-reference each other constantly. Search 38 CFR and M-21-1 for any reference this one sends you to.

  3. Check the percentages

    Procedure is one half of a claim; the rating criteria are the other. Browse the rating schedule for the diagnostic code that covers your condition.

See what this means for your claim.

Six reads your file against the rules that actually apply to it and tells you what the VA is still missing.

Start for freeBrowse all VA regulations