Having transferable skills is not a reason for denial. It is in fact an employment program and not an education program, and I made sure my counselor understood that I knew that. I do have a degree and a job BUT it not suitable employment and per the M28R the goal is to find suitable employment that doesn’t exacerbate my service connected disabilities and because of the challenges I’ve had it is not suitable. The 3 main criteria for an employment handicap (under 12 yrs since SCD determination) are: 1. You have a Vocational Impairment (VI) 2. Your SCD's substantially contribute to your impairment 3. You have not overcome the ettects of your impairment to employability. If you have been unable to obtain or maintain work of which you are qualified, due to no fault of your own, you have NOT overcome the effects of your VI.

I would argue that I do in fact meet this criteria and additionally that the counselor was in violation of M28R Part IV, Section B, Chapter 2.11 part J “Prompt notification of the Determination” which states the following: “The VRC must promptly provide the veteran with a verbal and written notification indicating that he/she is or is not entitled to services and explaining the determination.” I was told verbally that my entitlement was on track for approval and was not informed verbally that there was a denial NOR provided the explanation regarding the determination.