Citation Nr: 0811938 Decision Date: 04/10/08 Archive Date: 04/23/08 DOCKET NO. 06-21 665A ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Wilmington, Delaware THE ISSUE Entitlement to VA vocational rehabilitation and employment (VR&E) services under the provisions of 38 U.S.C.A. Chapter 31. WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD Carolyn Wiggins, Counsel INTRODUCTION The veteran served on active duty from October 1983 to December 1992, from February 1997 to August 1999, and from July 2000 to February 2001. This appeal arises from a December 2005 determination of the Department of Veterans Affairs (VA) Regional Office (RO) in Wilmington, Delaware. The appeal is REMANDED to the RO via the Appeals Management Center (AMC), in Washington, DC. VA will notify the appellant if further action is required. REMAND The law provides that a veteran is entitled to a rehabilitation program if he has a service-connected disability rated as 20 percent disabling and is determined by the Secretary to be in need of rehabilitation because of an employment handicap. 38 C.F.R. § 3102 (West 2002). According to a June 2004 rating decision, the veteran's service connected disabilities include a cervical and thoracic myofasciitis, rated as 10 percent disabling; plantar fasciitis of the right foot, rated as 10 percent disabling; plantar fasciitis of the left foot, rated as 10 percent disabling; a left knee strain rated as noncompensably disabling; and pseudofolliculitis barbae, rated as noncompensably disabling. In combination the veteran's service connected disabilities are rated as 30 percent disabling. The VA Vocational Rehabilitation Counselor in the December 2005 determination noted that the veteran was not in need of Vocational Rehabilitation services because he had not proven that he had difficulty getting or keeping a job which matched his interests, skills, and talents. The veteran had not shown that his service-connected disabilities caused an employment handicap, and that his education and training did not overcome this difficulty. The Counseling Record-Narrative Report of December 2005 noted the veteran had a Bachelor's degree in Broadcast Productions and a Masters degree in Human Resources. He had work experience and transferable skills from working in Logistics Management in military and civilian positions. He reported difficulties with lifting, prolonged sitting, twisting, prolonged standing and walking. At that time the veteran was employed with VA as a Veterans Service Representative. The counselor found the veteran had overcome his impairment based on his educational history and employment record. Subsequently in February 2008 the veteran appeared and gave testimony before an Acting Veterans Law Judge. The veteran contended he had lost his job with VA due to his service- connected disabilities. He asserted that the lifting required strained his back. In addition, he reported filing a claim for carpal tunnel syndrome which he stated caused him to be unable to perform his duties at work. The veteran contends that his claims folder and his VA records of treatment, which he states include a 2006 VA examination should be obtained and considered. In March 2008 the veteran submitted a Notification of Personnel Action which indicated he had been removed as a Veterans Service Representative. A copy of a VA December 2006 e-mail message indicates the veteran was a former employee who was dismissed for performance deficiency. A review of the evidence has raised several questions: One does the veteran have any other current service connected disabilities, such as carpal tunnel syndrome? Two, was the veteran terminated from his employment with VA due to any impairment caused by a service-connected disability? And, three, has the veteran been able to obtain another position since he was terminated? These questions directly relate to the central issue of whether the veteran has an employment handicap which he has been unable to overcome. The claim must be remanded to obtain his claims folder and personnel records from VA. Accordingly, the case is REMANDED for the following action: 1. VA should request the veteran to provide the name/s and address/es of any employers, where he has worked since his termination from VA. 2. VA should obtain the veteran's claims folder and associate it with his VA VR&E file. 3. VA should request that the veteran provide a release authorizing them to obtain the veteran's VA personnel file. Then his VA personnel file should be requested, obtained and associated with the claims folder. The appellant has the right to submit additional evidence and argument on the matter or matters the Board has remanded. Kutscherousky v. West, 12 Vet. App. 369 (1999). This claim must be afforded expeditious treatment. The law requires that all claims that are remanded by the Board of Veterans' Appeals or by the United States Court of Appeals for Veterans Claims for additional development or other appropriate action must be handled in an expeditious manner. See 38 U.S.C.A. §§ 5109B, 7112 (West Supp. 2007). _________________________________________________ L. M. Barnard Acting Veterans Law Judge, Board of Veterans' Appeals Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the Board of Veterans' Appeals is appealable to the United States Court of Appeals for Veterans Claims. This remand is in the nature of a preliminary order and does not constitute a decision of the Board on the merits of your appeal. 38 C.F.R. § 20.1100(b) (2007).