Citation Nr: 21010340 Decision Date: 02/24/21 Archive Date: 02/24/21 DOCKET NO. 17-66 933 DATE: February 24, 2021 REMANDED Entitlement to various equipment purchases under the independent living plan through the Vocational Rehabilitation and Education (VR&E) program is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Air Force from December 1967 to March 1972. This matter comes to the Board of Veterans’ Appeals (Board) on appeal from a March 2017 decision issued by the Vocational Rehabilitation and Employment Division of the Department of Veterans Affairs (VA) Regional Office in Los Angeles, California. In January 2021, the Veteran testified at a Board virtual hearing before the undersigned Veterans Law Judge. A transcript of that hearing has been associated with the record. Entitlement to various equipment purchases under the independent living plan through the VR&E program is remanded. The Veteran claims entitlement to various equipment purchases under the independent living plan through VA's VR&E program. He seeks additional camera equipment, including a lens, a flash, and related software. See January 2021 hearing transcript. He asserts that the additional equipment is necessary due to his various service-connected orthopedic disorders and service-connected posttraumatic stress disorder, evaluated as 100 percent disabling. The Board notes that the Veteran is not seeking a new camera or computer equipment. The purpose of independent living services is to assist eligible veterans whose ability to function independently in family, community, or employment, is so limited by the severity of disability (service- and nonservice-connected) that vocational or rehabilitation services need to be appreciably more extensive than for less disabled veterans. See 38 C.F.R. § 21.160(a). The term “independence in daily living” means the ability of a veteran, without the services of others or with a reduced level of the services of others, to live and function within the veteran’s family or community. See 38 C.F.R. § 21.160(b). Independent living services may be furnished: (1) as part of a program to achieve rehabilitation to the point of employability; (2) as part of an extended evaluation to determine the current reasonable feasibility of achieving a vocational goal; (3) incidental to a program of employment services; or (4) as a program of rehabilitation services for eligible veterans for whom achievement of a vocational goal is not currently reasonably feasible. This program of rehabilitation services may be furnished to help the veteran: (i) function more independently in the family and community without the assistance of others or a reduced level of the assistance of others; (ii) become reasonably feasible for a vocational rehabilitation program; or (iii) become reasonably feasible for extended evaluation. See 38 C.F.R. § 21.160(c). The services which may be authorized as part of an Individual Independent Living Program include: (1) any appropriate service which may be authorized for a vocational rehabilitation program as that term is defined in Section 21.35(i) except for a course of education or training as described in Section 21.120; and (2) independent living services offered by approved independent living centers and programs which are determined to be necessary to carry out the veteran’s plan including: (i) evaluation of independent living potential; (ii) training in independent living skills; (iii) attendant care; (iv) health maintenance programs; and (v) identifying appropriate housing accommodations. See 38 C.F.R. § 21.160(d). A program of independent living services and assistance is approved when: (1) VA determines that achievement of a vocational goal is not currently reasonably feasible; (2) VA determines that the veteran’s independence in daily living can be improved, and the gains made can reasonably be expected to continue following completion of the program; (3) all steps required by Sections 21.90 and 21.92 of this part for the development and preparation of an Individual Independent Living Program, have been completed; and (4) the VR&C Officer concurs in the program. See 38 C.F.R. § 21.162(a). According to VA’s General Counsel, VA has both the authority and the responsibility to provide all services and assistance deemed necessary on the facts of a particular case to enable an eligible veteran participating in an independent living program to live and function independently in his family and community without, or with a reduced level of, services from others. VAOPGCPREC 6-2001. It was further noted that the operative word as to this matter was “necessary,” and independent living services (to include services that may have a recreational component) provided to the veteran must be “vital” to achieving the independent living program goal, not merely desirable or helpful. Id. The Veteran submitted a private letter regarding his requested equipment in December 2017, which indicated that additional equipment is recommended. However, a determination based on this opinion cannot be sufficiently made as to whether the equipment purchases that are currently before the Board are necessary to achieving an independent living goal or whether they are merely desirable or helpful. Thus, a VA examination and opinion is necessary to address this matter. The matters are REMANDED for the following action: 1. The Veteran should be afforded an evaluation by a psychiatrist or psychologist for the purpose of determining whether the provision of additional equipment is necessary to enable the Veteran to achieve maximum independence in daily living. The claims file, the vocational rehabilitation file, and a copy of this remand should be reviewed by the examiner. The rationale for this determination should be fully explained. 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 paragraph, the issue on appeal should be readjudicated based on the entirety of the evidence. If any benefit sought remains denied, the Veteran and his representative should be issued a supplemental statement of the case. An appropriate period of time should be allowed for response. Bethany L. Buck 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.