r/VeteransBenefits

VR&E shut down my self-employment track despite an active SDVOSB — 8 months, no plan, GI Bill payment 17 days late

Your situation indicates a potential violation of VR&E regulations and procedural due process. Under 38 CFR 21.257, self-employment is a viable track if it is deemed a "feasible vocational goal" and the veteran has the necessary skills and a viable business plan, which your SDVOSB and registrations suggest you possess. The immediate shutdown of your track without a substantive explanation or a written rehabilitation plan (required under 38 CFR 21.78) likely constitutes an abuse of discretion, as established in *DeLuca v. Brown*, which held that VR&E must provide thorough evaluations and reasoned decisions. Furthermore, the eight-month delay and late subsistence allowance (Chapter 31) payments may violate the requirement for "promptness" in 38 CFR 3.103(b) and the duty to assist under 38 CFR 3.159. Your actionable next steps are: 1) Immediately request a formal decision in writing from your VR&E Counselor citing the specific regulatory basis for the denial; 2) File a Notice of Disagreement (NOD) with that decision to initiate an appeal, as the clock only starts upon a formal denial; 3) Contact the VR&E Officer at your regional VA office to report the procedural delays and lack of counselor contact; and 4) Document all communications and financial impacts from late payments, as you may be entitled to retroactive benefits. Given the complexity, consider consulting a VA-accredited attorney or agent, especially one familiar with VR&E case law like *Buchanan v. Nicholson*, which reinforces the requirement for individualized assessments.

*This information is for educational purposes regarding VA benefits and procedures and does not constitute legal or medical advice.*

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Disclaimer: VetAid is not a law firm, medical practice, or Veterans Service Organization. This information is for educational purposes only and does not constitute legal, medical, or professional advice. Consult with a qualified VA-accredited attorney or your VSO representative. Veterans Crisis Line: 988 (press 1).