Citation Nr: A25035126 Decision Date: 04/16/25 Archive Date: 04/16/25 DOCKET NO. 230621-357997 DATE: April 16, 2025 ORDER Reentrance into a Veteran Readiness and Employment (VR&E) program under the provisions of Chapter 31, Title 38, United States Code, following a determination of rehabilitation to the point of employability, is denied. FINDINGS OF FACT 1. The Veteran previously received vocational rehabilitation services and was determined to be rehabilitated and suitably employed in October 2021. 2. The evidence available for review is persuasively against a finding that, during the period here at issue, the Veteran's service-connected disabilities worsened to the extent that he was precluded from performing the work duties of the occupation for which he was previously found rehabilitated; the occupation for which he was previously found rehabilitated under Chapter 31 is not shown to have become unsuitable. CONCLUSION OF LAW The criteria for reentrance into a VR&E program following a determination of rehabilitation to the point of employability have not been met. 38 U.S.C. § 3101; 38 C.F.R. §§ 21.35, 21.284. REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran served on active duty in the U.S. Army from August 2000 to December 2003, to include service in Southwest Asia. His decorations include the Army Commendation Medal, the Parachutist Badge, the Air Assault Badge, and the Combat Infantryman Badge. This matter arises from a March 2023 decision issued by the VR&E Division of the Department of Veterans Affairs (VA) Regional Office in Phoenix, Arizona. Following denial on Higher-Level Review in May 2023, the Veteran timely appealed to the Board by filing a VA Form 10182 (Decision Review Request: Board Appeal (Notice of Disagreement)) in June 2023, requesting direct review of the evidence considered by the agency of original jurisdiction (AOJ). 38 C.F.R. §§ 20.201, 20.202(b)(1). Under the direct review option, the Board may only consider the evidence of record at the time of issuance of the March 2023 AOJ decision. 38 C.F.R. § 20.301. The Board cannot consider evidence submitted after that decision was promulgated. If evidence was associated with the claims file during a period of time when additional evidence was not allowed, the Board has not considered it in its decision on the Veteran's claim. 38 C.F.R. § 20.300. If the Veteran would like VA to consider any evidence that was added to the claims file that the Board could not consider, he may file a Supplemental Claim (VA Form 20-0995) and submit or identify that evidence. 38 C.F.R. § 3.2501. If the evidence is new and relevant, VA will issue another decision on the claim, considering the new evidence in addition to the evidence previously considered. Id. Specific instructions for filing a Supplemental Claim are included with this decision. Entitlement to reentrance into a VR&E program following a determination of rehabilitation to the point of employability Vocational rehabilitation services are intended to enable veterans with service-connected disabilities to achieve maximum independence in daily living and, to the maximum extent feasible, to become employable and to obtain and maintain suitable employment. 38 U.S.C. § 3100; 38 C.F.R. §§ 21.1, 21.70. In order to reenter a VR&E program from a "rehabilitation to the point of employability" status, in order to receive an additional period of training or services, the evidence must show the following: (1) the veteran has a compensable service-connected disability and either; (2) the current facts, including any relevant medical findings, establish that the service-connected disability has worsened to the extent that the effects of the service-connected disability considered in relation to other facts precludes him or her from performing the duties of the occupation for which he or she previously was found rehabilitated; or (3) the occupation for which he or she previously was found rehabilitated under Chapter 31 is found to be unsuitable on the basis of his or her specific employment handicap and capabilities. 38 C.F.R. § 21.284. "Rehabilitation to the point of employability" refers to the VR&E status where the Veteran is employable in an occupation for which a vocational rehabilitation program has been provided under the VR&E program. 38 C.F.R. § 21.35. By way of background, the Board notes that the Veteran previously participated in a VR&E program. After being accepted into the VR&E program, he underwent several Individualized Written Rehabilitation Plans (IWRPs) with a final program goal of obtaining and maintaining entry level employment as a college professor or similar field. Over the course of his VR&E program, the Veteran completed an Associate degree in Human Services in May 2014, a Bachelor's degree in Political Science in May 2017, and a Master's degree in Middle Eastern and North African Studies in May 2021. See, e.g., Veteran's resume. In August 2021, he was hired as shelter support staff at homeless shelter. See August 2021 VRE Correspondence. In October 2021, his case was closed and moved to rehabilitated status after over 60 days (i.e., two months) of suitable employment. The Veteran applied for reentrance to a VR&E program in February 2023. In a February 2023 RNI, he indicated that he wanted to return to school to obtain a Doctor of Philosophy (Ph.D.) in Middle Eastern Studies so he could find sustainable and appropriate employment. During the period here on appeal, on and before March 8, 2023, the Veteran was service connected for posttraumatic stress disorder, rated as 70 percent disabling from February 19, 2018. According to his RNI, the Veteran stated that he was interested in careers in academic research in Middle Eastern studies, college-level teaching, and/or providing regional expert analysis to governmental agencies and policymakers. He asserted that his goal required a Ph.D. Following his rehabilitation in October 2021, the Veteran maintained employment at the homeless shelter until December 2021. He reported that he left that position because it was extremely stressful and exacerbated his PTSD symptoms. The Veteran did not report any employment between December 2021 and February 2023, when he applied for reentrance. He stated that during periods of unemployment three months or longer he was in college and/or conducting independent study for the GRE, language training, and graduate-level research. He also noted that while his disabilities were not improving, they were currently stable and not worsening. During a March 2023 VA vocational evaluation, a vocational rehabilitation counselor (VRC) considered the Veteran's education and work history, as well as his symptoms and impairment due to service-connected disability, which had a rating of 70 percent, and determined that the previous rehabilitation determination would not be overturned. The VRC thoroughly reviewed the Veteran's history and noted the limitations that he would likely experience based on his service-connected disability. The VRC acknowledged that the Veteran is unemployed and rated 70 percent disabling for his PTSD with a finding that it resulted in occupational and social impairment with reduced reliability and productivity. As a result, the VRC noted that the Veteran's disability would impair his ability to prepare for, obtain, and retain employment. Ultimately, however, the VRC found that the Veteran had overcome the effects of any vocational impairment. The VRC found that the Veteran had Bachelor's and Master's degrees which gave him the ability to obtain and maintain suitable and stable employment consistent with his interests, aptitudes, and abilities. The VRC noted that the Veteran was currently unemployed because he was in a Ph.D. program for which he wanted VR&E to pay. However, the VRC determined that the Veteran was qualified for employment with the federal government, private sector, or teaching positions with his current education and training. In the final analysis, the VRC found that the Veteran did not meet the criteria for an employment handicap because he had overcome the vocational impairments to employability. As for a serious employment handicap, because an employment handicap is a threshold requirement of having a serious employment handicap, the VRC assessed that the Veteran did not have a serious employment handicap. In the March 2023 decision letter, the VRC re-emphasized that the Veteran could seek suitable employment with his then-current degree and experience. A May 2023 decision letter on Higher-Level Review continued the determination that the Veteran did not meet the criteria for reentrance following a determination of rehabilitation to the point of employability. The question for the Board is whether the current facts, including any relevant medical findings, establish that the Veteran's service-connected disabilities have worsened to the extent that the effects of the service-connected disabilities considered in relation to other facts precludes the Veteran from performing the duties of the occupation for which he previously was found rehabilitated; or the occupation for which he previously was found rehabilitated under Chapter 31 became unsuitable on the basis of his specific employment handicap and capabilities. After review of the record, the Board finds that the evidence weighs against a finding that the criteria for reentrance have been met. For the period under consideration, the evidence neither shows that the Veteran's service-connected disabilities worsened to the extent that he was precluded from performing work duties, nor that the occupation for which he previously was found rehabilitated under Chapter 31 was unsuitable based on his specific employment handicap and capabilities. 38 C.F.R. § 21.284. First, the Board finds that the Veteran's service-connected disabilities have not worsened to the extent that they preclude him from performing the duties of the occupation for which he previously was found rehabilitated. In this regard, the Board notes that the Veteran's service-connected disabilities have not worsened since he was found rehabilitated. Indeed, while the Veteran does have a 70 percent disability rating, when he applied to reenter the VR&E program in February 2023, he specifically stated that his service-connected disability remained stable and had not worsened or increased in severity. Additionally, the Board finds no indication in the record that the occupation for which the Veteran previously was found rehabilitated under Chapter 31 is now unsuitable on the basis of his specific employment handicap and capabilities. The record shows that based on the Veteran's work experience and training, he had overcome any impairment of employment to which his service-connected disabilities substantially contributed, and he was employable with his then-current skills, training, and education (i.e., Bachelor's and Master's degrees). While the evidence reflects that his service-connected PTSD, rated as 70 percent disabling, caused difficulties with aspects of employment, the VRC nevertheless determined that the Veteran's disability would not cause an impairment in his ability to obtain, maintain, or retain suitable employment. The VRC reached that conclusion in the specific context of addressing the Veteran's vocational goals and request for reentrance. See March 2023 VA Form 28-1902b (Counseling Record-Narrative Report); March 2023 VR-58 (Decision Letter). While the Board is cognizant of the fact that the Veteran disagrees with the VRC's findings, the Board finds that his lay assertions are entitled to less weight than the findings rendered by the VRC, who has specialized training in this area. The VRC in this case had sufficient facts and data before him to support a determination that the claimant had overcome the effects of his vocational impairment and did not meet the criteria for reentrance into rehabilitation to the point of employability, and provided a sound rationale for that determination. See Black v. Brown, 10 Vet. App. 297 (1997) (an opinion rendered by one with specialized training may be considered more probative than a non-specialist's finding). On review, the Board finds that the March 2023 assessment by the VRC is entitled to significant probative weight. The Board acknowledges the Veteran's desire for a Ph.D. as he believes it is required for his selected field. However, he has not offered any evidence demonstrating that he was unable to obtain and maintain work. Indeed, there is no evidence that he attempted to obtain employment consistent with his VR&E program goal and education before requesting reentrance; rather, he specifically noted on his RNI that during his period of unemployment, he has been conducting independent study for the GRE, language training, and graduate-level research. Furthermore, in evaluating the Veteran's circumstances, the VRC noted that the Veteran was unemployed because he was then enrolled in a Ph.D. program. The Board commends the Veteran for wanting to pursue further education. However, simply allowing a veteran to pursue a higher degree when he is capable of obtaining or maintaining suitable employment frustrates the purpose of receiving VR&E benefits. The Board emphasizes that the purpose of Chapter 31 VR&E services is not to provide the claimant with whatever level of career training he chooses should his interests or career objectives change. Rather, the purpose of such services is to provide a level of training that facilitates suitable employment. 38 C.F.R. § 21.70. In sum, the Board must conclude that the evidence is persuasively against the Veteran's claim for reentrance into a rehabilitation program. In reaching this decision, the Board has considered the doctrine of reasonable doubt; however, as the evidence is persuasively against the Veteran's claim, that doctrine is not for application. The appeal is denied. DAVID A. BRENNINGMEYER 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.