Citation Nr: 21074357 Decision Date: 12/15/21 Archive Date: 12/15/21 DOCKET NO. 18-05 978A DATE: December 15, 2021 REMANDED Entitlement to additional Veteran Readiness and Employment (VR&E) services pursuant to 38 U.S.C. Chapter 31, to include a program goal of self-employment, is remanded. REASONS FOR REMAND The Veteran served on active duty from March 1978 to December 2005. This matter comes to the Board of Veterans' Appeals (Board) on appeal from an October 2016 determination by the VR&E Division of a Regional Office of the Department of Veterans Affairs (VA). In September 2020, the Veteran testified at a Board virtual hearing before the undersigned Veterans Law Judge. A transcript of the hearing is associated with the record and, pursuant to his request, the Veteran was provided with a copy of it in December 2021. Entitlement to additional VR&E services pursuant to 38 U.S.C. Chapter 31, to include a program goal to self-employment. The Veteran requests additional VR&E services to assist him in his pursuit of a self-employment program. However, before adjudicating the merits of his claim, the Board finds that further development of the claim is necessary. In this regard, the primary regulations pertaining to VR&E self-employment services are found at 38 C.F.R. §§ 21.257, 21.258. Pertinent to this case, 38 C.F.R. § 21.257(a) generally indicates that a program of vocational rehabilitation benefits and services may include self-employment for an individual if VA determines that such an objective is a suitable vocational goal. 38 C.F.R. § 21.257(c)-(e) defines the scope of self-employment services. General services and material support that can potentially be provided to any individual for whom self-employment is determined to be a suitable goal include vocational training, incidental training in the management of a business, payment of license or other fees required for self-employment, necessary tools and supplies for the occupation, and other services described in 38 C.F.R. § 21.252. 38 C.F.R. § 21.257(d). "Individuals with the most severe service-connected disability(ies) who require self-employment" may potentially be provided all of the services described in 38 C.F.R. § 21.257(d) and additional services described in 38 C.F.R. § 21.214. An individual with the most severe service-connected disability(ies) who requires self-employment is defined as an individual who has been determined by VA to have limitations affecting employability arising from the effects of his or her service-connected disability, which are so severe as to necessitate selection of self-employment as the only reasonably feasible vocational goal. 38 C.F.R. § 21.257(b). VR&E services has designated two categories of veterans who may receive self-employment assistance. Category I assistance will only be provided to a veteran who has a serious employment handicap; has the most-severe service-connected disability; has employment limitations so severe that self-employment is the only option to achieve the rehabilitation goal; and all other reasonable employment goals are unsuitable due to the severity of his or her service-connected disability. The "Category I" designation represents the implementation of 38 C.F.R. § 21.257 as it applies to a veteran with the most severe service-connected disability who require self-employment. Individuals who have generally qualified for VR&E services will normally develop a proposed self-employment business plan in collaboration with their vocational rehabilitation counselor (VRC) and others. This plan includes a breakdown of the type of support services and supplies that VR&E will provide to a veteran's proposed business and the estimated cost of these services and supplies. Under 38 C.F.R. § 21.258, self-employment plan proposals that include a request for funding of $25,000 or greater must be approved by the Director of VR&E Services. Veterans designated as Category I must meet all of the following conditions: (1) serious employment handicap; (2) most-severe service-connected disabilities; (3) employability limitations are so severe that self-employment is the only option to achieve the rehabilitation goal; and (4) all other reasonable vocational goals are unsuitable due to the severity of the Veteran's service connected disability(ies). VR&E Officer (VREO) or VR&E Central Office (CO) approval is not required for this Individualized Extended Evaluation Plan (IEEP); however, both VREO and CO approval are required for a Category I designation. Given the stringent requirements for a Category I assignment, it is anticipated that only a small number of veterans will qualify for this level of self-employment services. Category II assistance is provided to a veteran who has an employment handicap or who has a serious employment handicap, but whose service-connected disability is not considered most severe. Following approval of his application, the Veteran signed and entered into an Individualized Written Rehabilitation Plan (IWRP) in January 2007, which included a program goal of obtaining and maintaining employment in the field of accounting. The first objective of the IWRP was for the Veteran to obtain his bachelor's degree in accounting. Objective three of the IWRP included identification of potential employers and employment. In this case, even though the Veteran signed and entered into an IWRP in which he agreed to seek and accept suitable employment in the field of accounting, the record clearly demonstrates that he expressed a desire of self-employment to his VRC. In some situations, a veteran will complete the objectives of an IWRP leading to a traditional employment goal and subsequently request VR&E assistance with self-employment. See M28R, Part IV, Section C, Chapter 8.08. In this case, the Veteran was last evaluated by a VRC in 2006. However, it does not appear that the VRC considered whether self-employment services are warranted. See generally 38 C.F.R. § 21.257. In light of the foregoing, the Board finds that the instant claim must be remanded so as to allow consideration of such matter in the first instance. The matter is REMANDED for the following action: 1. Arrange for the Veteran to be evaluated by an appropriate VRC or other appropriate VR&E specialist to determine whether he meets the criteria for VR&E self-employment benefits under 38 U.S.C. Chapter 31. All necessary development and consultations must be completed. The evaluation should include: (a.) Any clinically indicated medical examinations and testing for the service-connected disabilities; and (b.) Evaluation by an appropriate vocational rehabilitation counselor to determine: 1. Whether the Veteran has an employment handicap and a severe employment handicap; and 2. Whether the Veteran's stated vocational goal may be feasible under a VR&E program of self-employment services (see 38 C.F.R. § 21.257; M28R, Part IV, Section C, Chapter 8); and 3. If not, state whether the achievement of the Veteran's stated vocational goal is reasonably feasible under 38 C.F.R. § 21.53. The evaluation should also address whether the Veteran's aptitudes and abilities are consistent with his proposed vocational goal. A rationale for any opinion offered should be provided. 2. If it is determined that a vocational goal is reasonably feasible and self-employment is the only option for employment, resubmit the case to the VREO or CO director to consider approval of the self-employment Category I request. A. JAEGER Veterans Law Judge Board of Veterans' Appeals Attorney for the Board R. Kettler, Associate 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.