Citation Nr: 18157301
Decision Date: 12/12/18	Archive Date: 12/12/18

DOCKET NO. 15-15 686
DATE:	December 12, 2018
REMANDED
The issue of whether the Veteran is entitled to vocational and employment (VR&E) services or benefits pursuant to a program of independent living services under Title 38 United States Code (U.S.C.), Chapter 31, is remanded.
 
REASONS FOR REMAND
The Veteran had active service from May 1977 to March 1979.
This matter is on appeal from an August 2014 decision.
In September 2015, the Veteran testified at a videoconference Board hearing.
Chapter 31 Benefits
The Veteran seeks VR&E services or independent living services to obtain additional equipment, tools, and wheelchair accessible workspace so that he may start a small woodworking business from home in order to achieve self-employment and/or maximum self-sufficiency.  The agency of original Jurisdiction (AOJ) has denied the appeal on the basis that achievement of a vocational goal was not reasonably feasible due to the severity of his disabilities and the Veteran declined to participate in a comprehensive independent living evaluation after reporting that his current independent living needs were being met through the Veterans Health Administration (VHA).
At the September 2015 Board hearing, the Veteran testified that he initially declined a comprehensive independent living assessment during an early morning telephone call with the VA rehabilitation counselor when he was not fully coherent but later emailed the rehabilitation counselor on the same day requesting a comprehensive independent living assessment and acknowledging that he may be entitled to benefits under the independent living services program for which he was unaware.  The hearing testimony is consistent with an August 12, 2014 email correspondence from the Veteran.
Because a comprehensive independent living assessment is needed to determine whether an individualized independent living plan is warranted in this case, and the Veteran has asked to participate in a comprehensive independent living assessment, a remand is warranted.  See 38 C.F.R. §§ 21.90 (noting that the purpose of the individualized independent living plan is to identify the steps through which a veteran, whose disabilities are so severe that a vocational goal is not currently reasonably feasible, can become more independent in daily living within the family and community); see also 38 C.F.R. § 21.92 (noting that the individualized independent living plan will be jointly developed by VA staff and the veteran). 
The matter is REMANDED for the following actions:
Schedule a comprehensive independent living assessment for the Veteran addressing whether obtaining equipment, tools, and suitable work space for a woodworking business in the Veteran’s home for therapeutic purposes is necessary to enable the Veteran to achieve maximum independence in daily living.

 
RYAN T. KESSEL
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	C. Ferguson, Counsel