Citation Nr: 21077088 Decision Date: 12/28/21 Archive Date: 12/28/21 DOCKET NO. 17-38 554 DATE: December 28, 2021 REMANDED Entitlement to purchases of various equipment, supplies, and services under a Veteran Readiness and Employment (VR&E) plan is remanded. REASONS FOR REMAND The Veteran served on active duty in the U.S. Army from February 1985 to March 1988. This matter comes to the Board of Veterans' Appeals (Board) on appeal from an October 2016 decision of the VR&E Division of the Department of Veterans Affairs (VA) Regional Office in Los Angeles, California. In his original July 2017 substantive appeal, the Veteran indicated that he wanted to appear at a Board hearing. However, according to the Veterans Appeals Control and Locator System (VACOLS), he later withdrew that request. 38 C.F.R. § 20.704(e). Entitlement to purchases of various equipment, supplies, and services under a VR&E plan is remanded. Although the Board sincerely regrets the additional delay, a remand is necessary to ensure that there is a complete record upon which to decide the Veteran's claim and to afford him every possible consideration. Pertinent regulations provide that a veteran will be furnished supplies that are necessary for a program of rehabilitation services. 38 C.F.R. § 21.212(a). Pursuant to 38 C.F.R. § 21.212(b), VA will authorize only those supplies that are: (1) to be used by similarly circumstanced non-disabled persons in the same training or employment situation; (2) to mitigate or compensate for the effects of the Veteran's disability while he is being evaluated, trained, or assisted in gaining employment; or (3) to allow the Veteran to function more independently and thereby lessen his dependence on others for assistance. On appeal from an October 2016 administrative decision, the Veteran claimed entitlement to various equipment purchases and supplies through his VR&E program. Specifically, he indicated that he was seeking the following: (1) assistance from Metal Music Booking for booking, management, and promotion; (2) music lessons from Ken Steiger, Ron Eschete, and/or Frank Gambale; (3) software from EZ Drummer, Sonal, or Native Instruments; and (4) any other equipment, repairs, or software until he was in school. He contended in his notice of disagreement and substantive appeal that these purchases were considered tools of the trade and necessary for him to gain admission to graduate school. See May 2017 Notice of Disagreement; July 2017 VA Form 9. The Board notes that while his appeal was pending, the Veteran was accepted into the Indiana UniversityPurdue University Indianapolis (IUPUI) Master of Science in Music Technology program. In July 2017, his representative submitted an unsigned, undated Rehabilitation Plan (VA Form 28-8872) indicating approval of training at IUPUI and authorized services to include fees, tuition, required textbooks, materials, and VA-approved supplies. However, as the plan on record is unsigned and undated, the Board is unable to verify whether that is the final agreed upon rehabilitation plan between the Veteran and his vocational rehabilitation counselor (VRC). On remand, the AOJ must ensure all VR&E documents are associated with the electronic claims file or otherwise made available to the Board for review. Additionally, the record reflects that the Veteran attended Southern Utah University, graduating in early 2021. In September 2021, while the current appeal was pending, he was found to be rehabilitated by way of a finding of maximum rehabilitation gain. On that basis, a proposal to discontinue services was made final in October 2021. In doing so, the VRC noted that the Veteran had received tuition and fees, books and supplies, subsistence allowance, direct reimbursements, and other goods and services. The record contains a multitude of public vouchers for purchases and services approved by the VRC(s), including for tutoring services, music lessons, equipment, software, and supplies. See, e.g., VR&E - Finance (General) dated March 2020, August 2020, October 2020, and January 2021. In light of the foregoing, it is unclear from the current record whether he still requires the supplies and services previously sought in this appeal, including the assistance from Metal Music Booking, music lessons, and/or software. That needs to be clarified. This matter is REMANDED for the following action: 1. Ensure the entire VR&E folder, including, but not limited to, all rehabilitation plans agreed to by the Veteran and his VRC(s), has been scanned and associated with the electronic claims file. 2. Review the expanded record and make a determination with respect to whether the Veteran's previous requests for the following supplies and services, which underly the present appeal, have been fully satisfied: (1) assistance from Metal Music Booking for booking, management, and promotion; (2) music lessons from Ken Steiger, Ron Eschete, and/or Frank Gambale; (3) software from EZ Drummer, Sonal, or Native Instruments; and (4) any other equipment, repairs, or software. The findings as to which of the foregoing requests have and have not been fully satisfied should be clearly set out and articulated in the record. 3. After completing the above, if it is determined that any of the benefits previously sought on the current appeal remain denied, review the case to determine whether any of the denied benefits can be granted. As to any such benefits that cannot be granted, the Veteran and his representative should be issued a supplemental statement of the case. 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.