Citation Nr: 21026316 Decision Date: 04/30/21 Archive Date: 04/30/21 DOCKET NO. 18-11 824 DATE: April 30, 2021 REMANDED Entitlement to vocational rehabilitation and employment (VR&E) benefits under the provisions of 38 U.S.C. Chapter 31, Title 38 of the United States Code is remanded. REASONS FOR REMAND The Veteran had active service from July 1988 to July 1992. He was afforded a February 2021 hearing before the undersigned. The Veteran was denied vocational rehabilitation benefits in a December 2017 decision on the basis that he does not have an employment handicap for VA vocational rehabilitation purposes. 38 U.S.C. § 3102; 38 C.F.R. § 21.51. At the time of the Veteran’s initial December 2017 application for VR&E benefits, he was service-connected for body dysmorphic disorder rated at 50 percent disabling, pseudofolliculitis barbae rated at 30 percent disabling, tinnitus rated at 10 percent disabling, and erectile dysfunction rated as noncompensable. His combined evaluation for rating purposes was 70 percent. The Vocational Rehabilitation Counselor (VRC) concluded that these disabilities did not result in an employment handicap and denied VR&E benefits. Since the December 2017 decision, there has been a significant change in the Veteran’s overall disability picture concerning a possible employment handicap. Specifically, the Veteran has since been granted service connection for sleep apnea rated 50 percent disabling, persistent depressive disorder rated 50 percent disabling, migraine headaches rated 50 percent disabling, and irritable bowel syndrome rated 30 percent disabling. His combined evaluation is now 100 percent. The Board also notes that since the December 2017 decision, several private medical opinions addressing the Veteran’s service-connected disabilities as an employment handicap, a denial for workplace accomodation, and evidence of a formal discipline action from the Veteran’s employer based on his poor performance have been added to the evidence of record in support of a finding of an employment handicap. In light of the significant change in the Veteran’s overall disability picture, the Board finds a remand is necessary to provide the Veteran a functional capacity evaluation to be considered by a VRC or other VR&E specialist to determine whether the Veteran currently suffers from an employment handicap. The matters are REMANDED for the following action: Arrange for the Veteran to be afforded a functional capacity evaluation (FCE) that ascertains the current limitations caused by his service-connected disabilities and their effect on his ability to obtain or maintain employment consistent with his interests, skills, and talents. The FCE should include an evaluation by an appropriate vocational rehabilitation counselor or other appropriate VR&E specialist to determine whether the Veteran has an employment handicap under 38 C.F.R. § 21.51. The vocational rehabilitation counselor or other appropriate VR&E specialist is directed to include consideration of the Veteran’s private medical opinions, workplace accomodation denial, and formal discipline action by his employer in his or her determination. A. C. MACKENZIE Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board N. Peden 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.