Citation Nr: 22018653 Decision Date: 03/30/22 Archive Date: 03/30/22 DOCKET NO. 18-42 760A DATE: March 30, 2022 REMANDED Veteran Readiness and Employment (VR&E) services, other than employment services, to include additional education in pursuit of a Master's Degree in Strategic Communication, pursuant to 38 U.S.C. Chapter 31. REASONS FOR REMAND The Veteran had active service from October 1981 to September 1982, from August 1998 to January 2001, and from December 2003 to December 2007. This matter is on appeal from a July 2017 decision and December 2017 administrative decision. In November 2021, the Veteran testified at a videoconference Board hearing. VR&E services. The purpose of VA's rehabilitation program is to provide for services and assistance necessary to enable Veterans with service-connected disabilities to achieve independence in daily living and, to the extent possible, to become employable and to obtain and maintain suitable employment. 38 U.S.C. § 3101; 38 C.F.R. § 21.70. The Veteran's interests and capabilities must be considered when determining "suitable employment." See, e.g., 38 C.F.R. § 21.50(c). Furthermore, a VR&E program is responsible for "train[ing] the veteran to the level generally recognized as necessary for entry into employment in a suitable occupational objective. Where a particular degree, diploma, or certificate is generally necessary for entry into the occupation the veteran shall be trained to that level." See 38 C.F.R. §§ 21.72. VA may find that a higher level of training is appropriate in order to offset a competitive disadvantage for veterans with serious employment handicaps. 38 C.F.R. § 21.72(b). A serious employment handicap is defined as a significant impairment of a veteran's ability to prepare for, obtain, or retain employment consistent with such veteran's abilities, aptitudes, and interests. 38 C.F.R. § 21.35(g). As an initial matter, the Vocational Rehabilitation Counselor (VRC) determined, in the July 2014 counseling record, that the Veteran has a serious employment handicap. Significantly, she identified issues that will have a marked interference or will require special support of services for return to work. Such issues included the number of service-connected disabilities; unstable work history; chronic pain; long or substantial periods of unemployment; extent and complexity of needed rehabilitation services; lack of education/training for suitable employment; and difficulties with communicating. The Veteran was determined to be entitled to VR&E benefits in July 2014, and an Individual Written Rehabilitation Plan (IWRP) was developed. The Veteran asserts, in essence, that he is unable to obtain and maintain suitable employment with his current political science degree. In July 2017, the VRC denied the Veteran's request for additional education. In support, the VRC found that the Veteran's educational and employment background provides him the opportunity to obtain and maintain suitable occupations in the political science field. The VRC indicated there are 33,800 projected job openings in the next 10 years. Upon administrative review in December 2017, the VR&E Officer (VREO) upheld the denial. However, in doing so, the VREO erroneously based his decision on a finding that the Veteran had a bachelor's degree in public relations and the job market for that degree. While the VRC and VREO based their denials primarily on a labor market analysis, the Board finds it necessary to remand this matter for clarification regarding whether the Veteran's serious employment handicap will put him at a definite disadvantage in competing with nondisabled persons for jobs or business, and the additional training will help to offset the competitive disadvantage in light of his service-connected disabilities. In light of the severity of his service-connected disabilities and serious employment handicap, the Veteran should receive a vocational rehabilitation evaluation upon remand to determine whether he can perform occupations consistent with his current skills, education, and interests. 38 C.F.R. § 3.159(c)(4). The matters are REMANDED for the following action: 1. Arrange for the Veteran to be afforded a vocational rehabilitation evaluation that ascertains the current limitations caused by his service-connected disabilities and their effect on his ability to obtain and maintain suitable employment in the occupational fields he desires. Specific attention should be given to the Veteran's desire to pursue a Master's Degree in Strategic Communication. The evaluation should include an evaluation by a VRC or other appropriate vocational rehabilitation specialist to determine: (a.) Whether the achievement of employment by the Veteran pursuant to his current education, work experience, and transferable skills are reasonably feasible under 38 C.F.R. § 21.53; and (b.) Whether a change in the Veteran's IWRP goal to obtain a Master's Degree in Strategic Communication is appropriate in order to offset any competitive disadvantage as a result of his serious employment handicap. The evaluation should specifically address whether the Veteran's aptitudes and abilities are consistent with both his current education and transferrable skills and the requirements and skills of any proposed career and educational changes. The VRC or VR&E specialist must specifically determine whether the Veteran is able to maintain employment with his current degree in light of his service-connected disabilities and serious employment handicap and, if not, whether a change in the Veteran's VR&E program goal to obtain a Master's Degree in Strategic Communication would allow the Veteran to feasibly achieve a vocational goal. A thorough rationale for all opinions offered, considering all of the evidence of record, would be of significant assistance to the Board. 2. Then, ensure the entire paper vocational rehabilitation and employment folder has been scanned and associated with the electronic claims file. RYAN T. KESSEL 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.