Citation Nr: 21061736
Decision Date: 10/05/21	Archive Date: 10/05/21

DOCKET NO. 18-52 549
DATE: October 5, 2021

REMANDED

Entitlement to reentrance into a vocational rehabilitation and employment (VR&E) program under Chapter 31, Title 38, United States Code, is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Navy from September 2005 to January 2010.  

This matter comes to the Board of Veterans' Appeals (Board) on appeal from a June 2018 determination issued by the VR&E Division of the Department of Veterans Affairs (VA) Regional Office in Reno, Nevada.

This case was previously before the Board in August 2020, when it was remanded to the agency of original jurisdiction (AOJ) for additional development.  Although the Board regrets the additional delay, further action is necessary to ensure compliance with the prior remand directives.  See Stegall v. West, 11 Vet. App. 268, 271 (1998).

Entitlement to reentrance into a VR&E program under Chapter 31, Title 38, United States Code, is remanded.

As noted above, the Board issued a prior remand of this matter in August 2020.  The Board requested that the AOJ arrange for the Veteran to be afforded a vocational rehabilitation evaluation that ascertained the current limitations caused by his service-connected disabilities and their effects on his ability to obtain and maintain suitable employment.  The Board specifically indicated that such evaluation should be completed by an appropriate vocational rehabilitation counselor (VRC).

Rather than schedule the Veteran for a VR&E evaluation, the AOJ sent the Veteran a functional capacity evaluation form and requested that he have his primary care provider complete it.  See VR&E correspondence dated in September 2020 and October 2020; see also March 2021 supplemental statement of the case (SSOC).  Thereafter, the AOJ returned the appeal to the Board without the requested VRC assessment.  As such, the matter must again be remanded.  See Stegall, 11 Vet. App. at 271.

This matter is REMANDED for the following action:

1. Arrange for the Veteran to be afforded a vocational rehabilitation evaluation that ascertains the current limitations caused by his service-connected disabilities and their effects on his ability to obtain and maintain suitable employment.  

The evaluation should include:

(a.) Any clinically indicated medical examinations and testing for service-connected disabilities; and 

(b.) Evaluation by an appropriate vocational rehabilitation counselor to determine:

i. Whether the achievement of employment by the Veteran pursuant to his current education, work experience, and transferable skills is reasonably feasible under 38 C.F.R. § 21.53; and

ii. Whether the achievement of the vocational rehabilitation goal as expressed by the Veteran is reasonably feasible under 38 C.F.R. § 21.53.

The evaluation should specifically address whether the Veteran's service-connected disabilities have improved, or if his service-connected disabilities and other impairments have worsened and he needs more services to maintain independence in his home and community.

A thorough rationale for all opinions afforded, considering all of the evidence of record, to include the Veteran's lay statements, would be of considerable assistance to the Board.

2. After completing the above, and any other development as may be indicated by any response received as a consequence of the actions taken in the preceding paragraphs, the issue on appeal should be readjudicated based on the entirety of the evidence.  If the benefit sought remains denied, the Veteran and his representative should be issued a SSOC.  An appropriate period of time should be allowed for response. 

 

 

DAVID A. BRENNINGMEYER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	R. Kettler, Counsel

The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.