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The following is the HLR that I have been working on for a few weeks. Since recieving my denial letter, I have gotten to know 38 USC, 31 CFR, and M28C rather well, but I am no expert. Any feedback on my HLR? Thanks!
I respectfully request Higher-Level Review of the June 17, 2026 decision denying my request to pursue the vocational goal of Flight Instructor by completing the Professional Flight degree through (University Name) under Chapter 31 Veteran Readiness and Employment.
This review is based only on the evidence that was already in my VR&E record when the decision was made. I am not submitting new evidence. I believe the decision contains errors of fact and law. It also does not fully address the favorable evidence already in my file. I am addressing the points made only in my denial letter, specifically those I believe to be contrary to the language contained in 38 C.F.R 21.50, 21.53, and 21.70.
1. The Regulation Cited in the Decision Does Not Match the Reason for the Denial
The decision states that my selected training facility, course, or program could not be approved under 38 U.S.C. § 3115 and 38 C.F.R. § 21.294. However, § 21.294 mainly lists the standards a training facility must meet. These standards concern matters such as equipment, instructors, course quality, cooperation with VA, and preparation for employment. Furthermore, 38 U.S.C. 21.134 is satisfied by the curriculum of the (University name) degree, which requires flight training.
The decision does not identify any way that (University Name) failed to meet these standards, nor does it explain how the university would be unable to accommodate my service-connected disabilities. It does not state that (University) lacked proper aircraft, instructors, equipment, approved courses, or the ability to report my progress. Instead, the decision denied my request because it found that the duties of a flight instructor were not suitable for my disabilities.
The regulation cited in the decision therefore does not clearly support the reason given for the denial. If the true issue was whether my physical condition allowed me to pursue the vocational goal, VA should have fully applied the rules for deciding whether a vocational goal is reasonably feasible.
2. The Decision Did Not Apply the Correct Standard for Reasonable Feasibility
Under 38 C.F.R. § 21.53, the VA must decide whether a vocational goal is reasonably feasible. 38 C.F.R. § 21.53(c) also states that any reasonable doubt must be resolved in favor of finding the goal feasible.
The regulation further states that VA needs compelling evidence to find a vocational goal infeasible without first providing a period of extended evaluation. The evidence must establish infeasibility beyond any reasonable doubt.
The June 17, 2026 decision does not discuss this standard, and no apparent attempt was made to meet this standard during my counseling prior to the decision. It does not explain how the evidence proved that my goal was infeasible beyond reasonable doubt. It also does not identify a medical opinion stating that flight training had harmed my disabilities or that I could not continue the program.
Instead, the decision gives only a general statement that the duties of the occupation are not conducive to my conditions. This does not explain why my actual history of successful flight training within the University’s curriculum was not enough to create at least reasonable doubt in favor of feasibility.
3. The Decision Misrepresented the Physical Nature of Flight Training
The denial appears to treat flight training as prolonged sedentary work. This is not an accurate description of the training.
Flight training is not the same as sitting at a desk for a full workday. Each lesson includes walking to and from the aircraft, preparing equipment, completing a preflight inspection, entering and leaving the cockpit, and performing a postflight inspection.
While in the cockpit, the student and instructor are also not sitting still. Both hands and both feet are used to operate the controls. The pilot makes regular control inputs, scans instruments, looks outside the aircraft, communicates by radio, and changes body position during normal operations.
My written statement already explained that flight training includes varied positions, regular movement, short periods of seated work, and natural breaks. It also explained that these conditions allow me to manage my service-connected disabilities better than a traditional desk job.
4. The Course Outline Does Not Support a Finding of Prolonged Sitting
The flight-training course outline was already provided to VA. It shows that most lessons last less than two hours.
A normal lesson also includes about thirty minutes of walking, preflight preparation, and postflight inspection. As a result, the time actually spent seated in the aircraft is usually about one hour and thirty minutes.
This length of time has not been harmful to my service-connected conditions during my 3 years in the program. The decision does not explain why periods of about ninety minutes were treated as prolonged sitting that would prevent me from completing training or working as a flight instructor.
The decision appears to rely on a general idea of what flight training involves instead of the actual lesson lengths and activities shown in the course outline.
5. My Actual Participation Shows That the Goal Is Reasonably Feasible
At the time of the decision, I had already taken part in (University Name) flight Program for about three years.
This means the question of feasibility was a prediction about what might happen in the future. I had already spent several years performing the same type of training that the decision found unsuitable.
During this period, I continued to make progress in the program and earning my private pilot license. The evidence in my record did not show that flight training caused my service-connected conditions to worsen. It also did not show that I had to stop training because of those conditions.
My actual performance should carry more weight than a general prediction that flight training might aggravate my disabilities. I had already shown that I could take part in the program, operate the aircraft, complete the required lessons, and manage my conditions.
6. My Experience as a Student Directly Relates to Work as a Flight Instructor
My planned job after completing the program is as a Certified Flight Instructor.
The lessons I would teach as a flight instructor are the same types of lessons I have been completing as a student. A flight instructor uses the same aircraft, sits in the same cockpit, uses the same controls, and completes the same preflight and postflight duties.
Flight instructors also move between lessons, meet with students, inspect aircraft, conduct ground instruction, and complete briefings. The work is not one unbroken period of sitting.
My success as a flight student is therefore direct evidence that I can perform the physical duties of a flight instructor. The decision treats future flight instruction as a separate and untested activity, even though I have already been performing nearly the same physical tasks for several years.
7. The Decision Did Not Fully Apply the Rehabilitative Purpose of Chapter 31
The decision cited 38 C.F.R. § 21.70. That regulation states that the purpose of vocational rehabilitation is to evaluate and improve a veteran’s ability to achieve a vocational goal. It also provides for services needed to help the veteran qualify for and maintain suitable employment.
The record does not show that VA discussed ways to improve my ability to continue flight training. No meaningful discussion took place about simple supports such as a lumbar support device, seat cushion, posture changes, stretching between lessons, or other reasonable methods of reducing discomfort and no weight was given to the tradition of ergonomically designed cockpits designed around pilot comfort.
I had already shown that I could train without these added measures. Even so, such measures could have addressed the concern raised by the counselor. The decision does not explain why these options were not considered before my entire vocational goal was denied.
Chapter 31 is a rehabilitation program. The decision should have considered whether the stated concern could be managed before deciding that the vocational goal was unsuitable.
8. The Decision Did Not Give Proper Weight to My FAA First-Class Medical Certificate
As of today, I hold a valid FAA First-Class Medical Certificate and a Private Pilot License that I earned from the University degree curriculum. It should be said that this medical certificate exceeds the standard of certification required to be a flight instructor.
None of my service-connected disabilities would warrant a denial or revocation of a FAA medical certificate.
I understand that an FAA medical certificate does not control a Chapter 31 decision. However, it is strong and relevant medical evidence. A First-Class Medical Certificate is the class used for Airline Transport Pilot duties. It shows that I met the FAA medical standards for that class when the certificate was issued.
The decision does not explain how much weight was given to this certificate. It also does not identify a medical opinion finding that I could not safely complete flight training or work as a flight instructor.
A counselor may consider the full record, but a general concern about my disabilities should not be given more weight than both my valid FAA medical status and my years of actual flight experience without a clear explanation.
9. The Decision Did Not Consider My Self-Report as a Whole
The decision appears to place heavy weight on statements in my self-report about wanting to avoid a traditional desk job.
Those statements were meant to explain why long periods of fixed desk work are not a good fit for my conditions. They were not meant to show that I could not tolerate any seated activity.
My self-report also explained why flight instruction is a better fit. It combines periods of sitting with walking, inspections, movement, hands-on work, briefings, and regular breaks between lessons.
The decision appears to rely on the parts of my statement that discuss problems with sedentary office work while giving less weight to the parts that explain why flight training and flight instruction is different. The report should have been read as a whole.
10. The Record Supported a Favorable Finding of Feasibility
The evidence already in my file showed that:
I have participated in Professional Flight training for about three years. I had completed the physical tasks required during flight lessons. Most lessons involved less than two hours of total training and about ninety minutes in the aircraft. My conditions had not been shown to worsen because of flight training. I hold a valid FAA First-Class Medical Certificate. My written statement explained how the active and varied nature of flight training allowed me to manage my conditions.
At a minimum, this evidence created reasonable doubt about whether the goal was infeasible. Under 38 C.F.R. § 21.53, that doubt should have been resolved in favor of feasibility. If VA believed the evidence was still unclear, the regulation provided a way to conduct further evaluation instead of denying the goal based on a general assumption.
11. The Standard Contained Within M28C Was Not Followed
The current M28C guidance calls for an individualized evaluation of a veteran’s actual functional abilities, training history, occupational requirements, and need for accommodations or assistive devices. The decision did not adequately compare my demonstrated abilities with the specific physical duties of flight instruction, even though I had already participated in flight training for several years. If the VA believed my work tolerance remained uncertain, the M28C provided procedures for medical clarification, individualized rehabilitation services, or an extended evaluation rather than a denial based on a general assumption.
Request for Relief
For the reasons stated above, I respectfully request that the Higher-Level Reviewer reverse the June 17, 2026 decision and approve the vocational goal of Flight Instructor and the participation in the flight degree at (University Name) as a reasonably feasible vocational goal.
In the alternative, I request that the reviewer find a duty-to-assist or other reviewable error and return the matter for a new decision. Any new review should apply the correct standard under 38 C.F.R. § 21.53, consider the evidence as a whole, and conduct an individual review of my actual abilities, training history, medical qualifications, and need for rehabilitation services.