BVA9504660 DOCKET NO. 92-04 388 DATE JAN 30 1995 On appeal from the decision of the Department of Veterans Affairs Regional Office in Detroit, Michigan THE ISSUE Whether achievement of the veteran's vocational goal is reasonably feasible for purposes of entitlement to vocational rehabilitation and training under Chapter 31, Title 38, United States Code. REPRESENTATION Appellant represented by: Veterans of Foreign Wars of the United States ATTORNEY FOR THE BOARD R. D. Turano, Counsel INTRODUCTION The veteran served on active duty from July 1980 to July 1984 and from September 1985 to July 1987. This matter came before the Board of Veterans Appeals (Board) from a January 1991 decision by a Department of Veterans Affairs (VA) Counseling Psychologist in the Vocational Rehabilitation and Counseling Division of the Regional Office (RO). A notice of disagreement was received in March 1991. The statement of the case was issued in October 1991. A substantive appeal was received in November 1991. The case was remanded by the Board in May 1993. The Board recognizes that the case, following the counseling psychologist's November 1993 determination and the issuance of a supplemental statement of the case, was not presented to the local office of the Veterans of Foreign Wars of the United States for review. However, given the favorable action on the veteran's claim as set forth below, the Board finds that such failure is harmless and such action unnecessary in the present case. CONTENTIONS OF APPELLANT ON APPEAL The veteran and his representative contend, in substance, that the veteran has a serious employment handicap due to his service connected disabilities but that achievement of his vocational goal as an airplane and power mechanic is feasible. It is asserted that the veteran has completed the requirements for certification as an airplane mechanic and that he has been, in fact, certified by the United States Department of Transportation, Federal Aviation Administration as an airplane mechanic. DECISION OF THE BOARD The Board, in accordance with the provisions of 38 U.S.C.A. 7104 (West 1991), has reviewed and considered all of the evidence and material of record in the veteran's claims file and the veteran's counseling, evaluation and rehabilitation folder. Based on its review of the relevant evidence in this matter, and for the following reasons and bases, it is the decision of the Board that achievement of the veteran's vocational goal as an airplane mechanic is reasonably feasible. FINDINGS OF FACT 1. All relevant evidence necessary for an equitable disposition of the appeal has been obtained. 2. Service connection has been established for a seizure disorder evaluated as 40 percent disabling and status post arthroscopy of the left shoulder with degenerative arthritis, evaluated as 10 percent disabling. 3. The veteran was found to have a serious employment handicap due to his service connected disabilities. His current vocational goal is in airplane and power mechanics. 4. The veteran completed a course of training at the Michigan Institute of Aeronautics and has been certified by the United States Department of Transportation, Federal Aviation Administration as an airplane mechanic. He has been employed in this field at the Bounty Engine Service beginning in June 1993. 5. Achievement of the veteran's vocational goal as an airplane mechanic is reasonably feasible. CONCLUSION OF LAW The criteria for finding that achievement of the veteran's vocational goal is reasonably feasible for purposes of entitlement to vocational rehabilitation and training under Chapter 31, Title 38, United States Code have been met. 3 8 U.S.C.A. 3101(West 1991); 38 C.F.R. 21.53, 21.362 (1993). REASONS AND BASES FOR FINDINGS AND CONCLUSION The Board finds, initially, that the veteran's claim is well grounded within the meaning of 38 U.S.C.A. 5107(a) (West 1991); that is, we find that the claim presented is plausible. The Board is also satisfied that all relevant facts have been properly developed and that no further assistance to the veteran is required to comply to the duty to assist mandated by 38 U.S.C.A. 5107(a) (West 1991). This matter was remanded to the RO by a preliminary order of the Board in May 1993 in an effort to expand and clarify the record relating to the matter on appeal. A VA counseling psychologist of the Vocational Rehabilitation and Counseling Division of the RO reviewed the record in November 1993 and determined that the veteran should not be employed as an airplane mechanic due to a history of a seizure disorder. A review of the record indicates that service connection has been established for a seizure disorder evaluated as 40 percent disabling and status post arthroscopy of the left shoulder with degenerative arthritis, evaluated as 10 percent disabling. In February 1989, a VA Counseling psychologist found that the veteran had a serious employment handicap and that his service connected disabilities materially contributed to his employment impairment. The veteran began a vocational rehabilitation program in electrical and electronic repair. In June 1990, his training was interrupted due to marginal academic progress. He thereafter sought vocational training under Chapter 31, Title 38, United States Code in an effort to achieve a vocational goal in airplane and power mechanics. It was determined, however, that achievement of this vocational goal was not reasonably feasible primarily as a result of the veteran's service connected seizure disorder. The veteran was provided an opportunity to participate in further evaluation, he declined to do so. Presently, it is maintained that achievement of his vocational goal as an airplane and power mechanic is feasible. It is asserted that the he has completed the requirements for certification as an airplane mechanic and that he has been, in fact, certified by the United States Department of Transportation, Federal Aviation Administration as an airplane mechanic. Essentially, it is argued that the veteran is capable of achieving the vocational training for employment as an airplane mechanic and in fact has done so and that he should be entitled to Vocational rehabilitation benefits in accordance with Chapter 31, Title 38, United States Code. The purpose of the Chapter 31 vocational rehabilitation program is to provide services and assistance necessary to enable veterans with service-connected disabilities to achieve maximum independence in daily living and, to the maximum extent feasible, become employable and obtain and maintain suitable employment. 38 U.S.C.A. 3100 (West 1991). The governing legal criteria provide that the VA shall determine the reasonable feasibility of achieving a vocational goal in each case in which a veteran has either an employment handicap or a serious employment handicap. In this case, as noted above, the veteran was found to have a serious employment handicap in February 1989. The record fails to reflect any basis which could alter this finding. The statute and regulation define the term vocational goal as a gainful employment status consistent with.the veteran's abilities, aptitudes and interests. 38 U.S.C.A. 3101(8) (West 1991); 38 C.F.R. 21.53(b) (1993). It is provided that a counseling psychologist of the vocational rehabilitation counseling division shall determine whether achievement of a vocational goal is reasonably feasible. 38 C.F.R. 21.53(g) (1993). In making that determination, all reasonable doubt shall be resolved in the favor of such a finding. Further, a finding that a vocational goal is infeasible without a period of extended evaluation requires compelling evidence that establishes infeasibility beyond any reasonable doubt. 38 U.S.C.A. 3106 (West 1991); 38 C.F.R. 21.53(e) (1993). The Board of Veterans' Appeals Administrative Procedures Improvement Act, Pub. L. No. 103-271, 6, 108 Stat. 740, _ (1994), permits a proceeding instituted before the Board to be assigned to an individual member of the Board for a determination. This proceeding has been assigned to an individual member of the Board. NOTICE OF APPELLATE RIGHTS: Under 38 U.S.C.A. 7266 (West 1991), a decision of the Board of Veterans' Appeals granting less than the complete benefit, or benefits, sought on appeal is appealable to the United States Court of Veterans Appeals within in 120 days from the date of mailing of notice of the decision, provided that a Notice of Disagreement concerning an issue which was before the Board was filed with the agency of original jurisdiction on or after November 18, 1988. Veterans' Appeals Review Act, Pub. L. No. 100-687, 402 (1988). The date which appears on the face of this decision constitutes the date of mailing and the copy of this decision which you have received is your notice of the action taken on your appeal by the Board of Veterans' Appeals.