What happens if I can't meet my VR&E extended evaluation requirements because of VA scheduling or referral delays?

Chapter 31 Vocational Rehabilitation and Employment (VR&E) uses an extended evaluation period, governed largely by 38 CFR 21.35 and 21.53, to determine whether a veteran's disability makes achieving a vocational goal currently infeasible. During this period, a counselor sets requirements — often therapy attendance, volunteering, or trial coursework — to assess whether the veteran can realistically pursue a rehabilitation plan. The counselor then makes a feasibility finding, and that finding drives whether the plan continues, is revised, or entitlement is ended.

When a veteran cannot fully complete requirements because of factors outside their control — such as a VA healthcare network change causing appointment delays, or community-care referrals getting lost — that is directly relevant to the feasibility determination. VR&E counselors are supposed to document these circumstances and factor them into whether the veteran is complying in good faith versus failing to engage. It is important to put every delay in writing: dates of attempted scheduling, referral tracking numbers, and any statements from providers confirming the delay was administrative rather than caused by the veteran. This creates a record if the case is later contested.

What would this rating pay you? (2026 rates)

Official 2026 VA monthly compensation, including the 2.8% COLA increase.

per month ·  per year, tax-free

Dependent add-ons start at a 30% rating. Child-only and dependent-parent rates: see the full 2026 pay chart.

2026 base rates, all ratings (veteran alone)
RatingMonthly (2026, incl. 2.8% COLA)
10%$180.42
20%$356.66
30%$552.47
40%$795.84
50%$1,132.90
60%$1,435.02
70%$1,808.45
80%$2,102.15
90%$2,362.30
100%$3,938.58
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If VR&E denies continued training, ends entitlement, or issues an unfavorable feasibility finding, that is an appealable decision under the Appeals Modernization Act. A veteran can request review through the same three lanes used for other VA decisions: a Supplemental Claim (VA Form 20-0995) with new evidence such as documentation of the scheduling delays, a Higher-Level Review (VA Form 20-0996) asking a senior VR&E reviewer to re-examine the same evidence for error, or a Notice of Disagreement (VA Form 10182) to appeal directly to the Board of Veterans' Appeals. Each lane has different evidence rules, so it helps to gather all appointment and referral documentation before choosing.

Outcomes in these cases vary significantly depending on how well the delays and compliance efforts are documented, and there is no reliable way to predict how a given counselor or reviewer will weigh mitigating circumstances.

The concrete next step is to request a written copy of the feasibility determination or any adverse VR&E decision, gather dated proof of every scheduling and referral delay along with volunteer verification, and if entitlement is denied or reduced, file a Supplemental Claim or Higher-Level Review promptly using that documentation.

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Disclaimer: VetAid is not a law firm, medical practice, or Veterans Service Organization. This information is for educational purposes only and does not constitute legal, medical, or professional advice. Consult with a qualified VA-accredited attorney or your VSO representative. Veterans Crisis Line: 988 (press 1).