Citation Nr: 21077349
Decision Date: 12/29/21	Archive Date: 12/29/21

DOCKET NO. 19-00 903
DATE: December 29, 2021

REMANDED

Entitlement to Chapter 31, Vocational Readiness and Employment (VR&E) services for self-employment.

REASONS FOR REMAND

In July 2021, the Veteran testified before the undersigned Veterans Law Judge. A transcript of the hearing is of record.

The record as it stands is inadequate for Board review. In denying the claim, the agency of original jurisdiction's (AOJs) indicated that the Veteran submitted an application on August 3, 2015, and a denial letter was issued on September 10, 2015; however, the record does not contain either of these documents. Further, the AOJ reflected that it had reviewed the Veteran's 2014 tax return, but that too is absent from the record.

Next, the AOJ determined that the Veteran's business was "operational" based on the income generated by his business; however, the AOJ did not explain whether the business was "economically viable."  See 38 C.F.R. § 21.257.  To that end, the Veteran testified that he made a profit of approximately $2,000 in 2014, the year before he applied for VR&E services for self-employment. On remand, the AOJ must explain how it determined whether the Veteran's business was "economically viable." 

The matter is REMANDED for the following actions:

1. Associate the following documents with the Veteran's claims file: (a) the August 3, 2015 application; (b) the September 5, 2015 denial letter; (c) the Veteran's 2014 tax return.

2. Issue a supplemental statement of the case (SSOC) which discusses whether the Veteran's business in 2014 was "economically viable." 

If the AOJ determines that the Veteran's business in 2014 was "economically viable," the AOJ must explain why.

 

 

L. HOWELL

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Roya Bahrami, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.