Citation Nr: 22016832 Decision Date: 03/23/22 Archive Date: 03/23/22 DOCKET NO. 17-53 231 DATE: March 23, 2022 ORDER The claim of entitlement to the purchase of additional equipment and supplies, including a 3-D printer, printer stand, a desktop computer, and a file cabinet, under the provisions of Chapter 31, Title 38, United States Code (the Veteran Readiness and Employment (VR&E) program), is dismissed as moot. FINDING OF FACT While this appeal was pending, the Veteran graduated from New England Institute of Technology with a bachelor's degree in architecture; as such, the issue on appeal has been rendered moot by the fact that the Veteran is no longer in the program of rehabilitation services for which the additional equipment and supplies were sought. CONCLUSION OF LAW The matter of whether the Veteran is entitled to the purchase of additional equipment and supplies, including a 3-D printer, printer stand, a desktop computer, and a file cabinet, under the provisions of Chapter 31, is dismissed as moot. 38 U.S.C. § 7105. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the United States Army from December 1994 to June 1997. He had additional service in the Army National Guard of Texas. This appeal to the Board of Veterans' Appeals (Board) arose from an April 2016 determination of a Department of Veterans Affairs (VA) Regional Office (RO), in which purchases of an ergonomic chair, desk, and lamp were approved as part of the Veteran's VR&E program; however, purchases of a desktop computer, a 3-D printer, a printer stand, and a file cabinet were not approved. The Veteran disagreed with the determination that certain equipment and supply purchases could not be approved, and this appeal ensued. In October 2018, the Veteran testified at a hearing before the undersigned Veterans Law Judge; a transcript of the hearing is of record. Additional Equipment and Supplies Purchases Pertinent to the current appeal, applicable 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). Such supplies may include books, tools, and other supplies and equipment which VA determines are necessary for the veteran's rehabilitation program. 38 C.F.R. § 21.210(b). Subject to the provisions of 38 C.F.R. §§ 21.210 through 21.222, 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. 38 C.F.R. § 21.212(b). A review of the record shows that the Veteran applied for reentry into the VR&E program in August 2013. In August 2014, an Individualized Extended Evaluation Plan (IEEP) was developed to determine the Veteran's feasibility for employment. Specifically, it noted that the Veteran would be enrolled in an electrical engineering program at the New England Institute of Technology for the period from August to December 2014. In March 2015, a Vocational Rehabilitation Counselor determined that achievement of a vocation goal was reasonably feasible and an Individualized Written Rehabilitation Plan (IWRP) was developed. The stated objective of that IWRP was that the Veteran would complete a bachelor's degree in electrical engineering. In November 2015, however, the Veteran's IWRP was revised and it was stated that his program objective was to complete an associate's degree in architecture. The Veteran's IWRP was later updated to reflect that he would complete a bachelor's degree in architecture. In 2015, the Veteran submitted a request for equipment and supplies, to include, among other things, an architecture desk, an office chair, a 3-D printer, a printer stand, a desktop computer, and a file cabinet. In January 2016, an evaluation was conducted by an Assistive Technology Consultant to determine whether the Veteran's requested equipment and supplies were necessary for his rehabilitation program. Based on the report of that evaluation, the Veteran's request for purchase on an ergonomic chair, desk, and lamp was approved via decision dated in April 2016. However, his request for purchase of a desktop computer, 3-D printer, printer stand, and file cabinet was denied. As explained by the AOJ, for those items to be considered for purchase, it must be documented either by the school as being a requirement of all students, or by the Veteran's physician as being medically necessary. It was also noted that the VR&E program had already purchased for the Veteran two printers, a computer, software, and an iPad for his studies at the New England Institute of Technology. Notably, the evidence of record then shows that the Veteran completed all requirements for a bachelor's degree in architecture on March 14, 2020. The Veteran does not dispute this fact. As noted, a veteran will be furnished supplies that are necessary for a program of rehabilitation services. In the instant case, the Veteran has completed the rehabilitation program for which the equipment and supplies at issue were sought. Additionally, in December 2021, while the current appeal was pending, the Veteran's VR&E case was closed by way of a finding of maximum rehabilitation gain. Thus, given that the Veteran has graduated from New England Institute of Technology with a bachelor's degree in architecture, he has completed the program of rehabilitation for which the requested equipment and supplies were sought. The Board thus finds that any issue regarding whether the Veteran is entitled to the purchase of additional equipment and supplies, including a 3-D printer, printer stand, a desktop computer, and a file cabinet, under the provisions of Chapter 31 is now moot. It is well-established that, when there is no case or controversy or when a once live case or controversy becomes moot, an appellate body lacks jurisdiction. The law provides that the Board may dismiss an appeal that fails to allege specific error of fact or law in the determination being appealed. 38 U.S.C. § 7105. As discussed, the issue on appeal has been rendered moot by the fact that the Veteran is no longer in the program of rehabilitation services for which the additional supplies were sought. Accordingly, as there remains no outstanding error of fact or law for the Board to address with respect to this matter, the claim on appeal must be dismissed as moot. 38 U.S.C. § 7105; Smith v. Brown, 10 Vet. App. 330, 333-34 (1997) (dismissal is the proper remedy to employ when an appeal has become moot). MATTHEW W. BLACKWELDER Veterans Law Judge Board of Veterans' Appeals Attorney for the Board K. Neilson, 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.