Citation Nr: 18154046
Decision Date: 11/29/18	Archive Date: 11/28/18

DOCKET NO. 09-42 319A
DATE:	November 29, 2018
REMANDED
Entitlement to vocational rehabilitation and employment (VR&E) benefits under the provisions of 38 U.S.C. Chapter 31, Title 38 of the United States Code, is remanded.
REASONS FOR REMAND
The Veteran had active service from October 1976 to February 1983.
The Veteran has been denied vocational rehabilitation benefits on the basis that he does not have an employment handicap for VA vocational rehabilitation purposes.  An employment handicap will be found to exist when the individual has a vocational impairment, the individual has not overcome the effects of the impairment of employability through employment in an occupation consistent with his or her abilities, aptitudes, and interests, and his service-connected disabilities have contributed in substantial part to the overall vocational impairment.  38 U.S.C. § 3102; 38 C.F.R. § 21.51.
At the time of the Veteran’s initial application for VR&E benefits, he was service-connected for impairment of the right clavicle, evaluated as 10 percent disabling, prostate gland injuries, and schizophrenia, both evaluated as noncompensable.  The Vocational Rehabilitation Counselor (VRC) concluded that these disabilities did not result in an employment handicap and therefore denied the Veteran VR&E benefits.  However, since that time, there has been a significant change in the Veteran’s overall disability picture.  Service connection has since been awarded for hepatitis C and hypertension, and his combined schedular evaluation is 90 percent, with a total disability based upon individual unemployability (TDIU) being awarded as of November 2009.  
In light of the significant change in the Veteran’s overall disability picture, the Board finds a remand is necessary to provide the Veteran a functional capacity evaluation to be considered by a VRC or other VR&E specialist to determine whether the Veteran currently suffers from an employment handicap.
The matter is REMANDED for the following action:
1. Arrange for the Veteran to be afforded a functional capacity evaluation (FCE) that ascertains the current limitations caused by his service-connected hepatitis C, schizoaffective disorder, right shoulder disability, hypertension, and chronic prostatitis and their effect on his ability to obtain or maintain employment consistent with his interests, skills, and talents.
2. The FCE should include an evaluation by an appropriate vocational rehabilitation counselor or other appropriate VR&E specialist to determine whether the Veteran has an employment handicap under 38 C.F.R. § 21.51.  
3. Review the expanded record and ensure full compliance with all directives included in this REMAND.  If any deficiencies are found, undertake corrective measures at once.
4. After completing the above, and any other development deemed necessary, readjudicate the Veteran’s appeal based on the entirety of the evidence.  If the benefits sought on appeal are not granted to the appellant’s satisfaction, he and his representative, if any, should be provided with a supplemental statement of the case and afforded an opportunity to respond.  The case should then be returned to the Board, if in order.
 
MICHAEL D. LYON
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Christopher Murray, Counsel