The Board has determined that the Veteran's request for vocational rehabilitation and employment benefits, including pursuit of a Juris Doctor (J.D.), is not supported by evidence in his file. The AOJ must ensure all relevant documents are obtained and associated with the claims file, obtain any outstanding VA treatment records, and contact the Veteran to gather additional information regarding his attempts at employment. A vocational rehabilitation evaluation should then be conducted to determine if the Veteran's proposed change of goal is feasible.
The deciding factor: The current evidence does not support the Veteran's request for a J.D., as it was not included in his Individualized Written Rehabilitation Plan (IWRP).
- Claimed conditions
- PTSD, fibromyalgia, migraine headaches, left ankle strain with gastroc/soleus ankle equinus, right ankle strain with gastroc/soleus ankle equinus, left hip lateral coxa saltans with limitation in flexion and extension, impairment of the thigh, right hip lateral coxa saltans with limitation in flexion and extension, impairment of the thigh, left knee patellofemoral syndrome, right knee patellofemoral syndrome, tinnitus, gastroesophageal reflux disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 21, 2019
- Citation
- 19187578
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board granted service connection for scarring, right orchiopexy and remanded the claim of asbestos exposure residuals. Other claims for service connection were denied.
- Remanded (sent back)
The Board remands the claim for service connection for an acquired psychiatric disorder to ensure a proper examination and etiology opinion are provided.
- Granted
The Veteran's migraine headaches were granted a 50 percent disability rating, effective August 8, 2023, due to very frequent completely prostrating and prolonged attacks that are productive of severe economic inadaptability.
- Partly granted
The Board granted service connection for PTSD, generalized anxiety disorder, and somatic symptom disorder, as well as presumptive service connection for basal cell carcinoma under the PACT Act. Service connection was denied for chronic fatigue syndrome, irritable bowel syndrome, right restless leg syndrome, left restless leg syndrome, an increased rating for psychiatric disorder, bilateral hearing loss, a left forehead surgical scar, and allergic rhinitis.
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