Citation Nr: 18141452
Decision Date: 10/10/18	Archive Date: 10/10/18

DOCKET NO. 15-10 283A
DATE:	October 10, 2018
ORDER
Entitlement to additional education benefits under Chapter 33 (Post-9/11 GI Bill) is denied.
FINDING OF FACT
1.  The Veteran's combined VA education benefits are limited by VA statute and regulation to 48 months.
2.  The record reflects the Veteran has used 27 months of Chapter 32 education benefits, and 21 months of Chapter 33 benefits.
CONCLUSION OF LAW
The criteria for additional education benefits under Chapter 33 (Post-9/11 GI Bill) have not been met.  38 U.S.C. §§ 3013, 3311, 3695; 38 C.F.R. §§ 21.4020, 21.7072, 21.9520.
REASONS AND BASES FOR FINDING AND CONCLUSION
The record reflects the Veteran served on active duty in the United States Army from November 1982 to November 1986, July 1994 to February 2003, and from November 2007 to October 2010.
This matter is before the Board of Veterans’ Appeals (Board) on appeal from a determination by an Education Center located at a Department of Veterans Affairs (VA) Regional Office (RO).
1. Entitlement to additional education benefits under Chapter 33 (Post-9/11 GI Bill)
Initially, the Board notes there is no dispute the Veteran satisfies the basic eligibility requirements for education benefits under the Post-9/11 GI Bill program (Chapter 33).  See 38 U.S.C. § 3311 and 38 C.F.R. § 21.9520.  Rather, the dispute in this case is the extent of such benefits.  Specifically, the Veteran contends he is entitled to such benefits for at least the last quarter at a specific education institution which covers a period from September 2014 to December 2014.  Further, he contended in his April 2015 Substantive Appeal that he did not receive the full 36 months of Chapter 33 benefits to which he was entitled, and did not use any such benefits until after he was notified of his eligibility for such benefits in July 2011.
The Board acknowledges that generally an individual entitled to basic educational assistance under Chapter 33 is entitled to 36 months of educational assistance benefits.  38 U.S.C. § 3013 (a)(1); 38 C.F.R. § 21.7072.  However, even though an individual may be entitled to benefits under various education programs, as in this case, there is a limit as to the total aggregate period for which any person may receive educational assistance under two or more educational programs. Specifically, relevant statutory and regulatory provisions limit such educational assistance to no more than 48 months.  38 U.S.C. § 3695; 38 C.F.R. § 21.4020.
In this case, the record reflects the Veteran had used 27 months of Chapter 32 (Veterans Education Assistance Program (VEAP)) education benefits at the time he applied for Chapter 33 benefits.  As such, he was entitled to a maximum of 21 months of Chapter 33 benefits.  Moreover, various communications to the Veteran, including correspondence dated in July 2011 regarding his initial award of Chapter 33 benefits informed him he had 21 months of such benefits.  
The Board further notes the record reflects the Veteran used his 21 months of Chapter 33 education benefits prior to the September 2014 to December 2014 period for which he is seeking such benefits.  As he already received the maximum 48 months of aggregate/total education benefits through VA, he has no legal entitlement to additional education benefits under any such program administered by VA.  Where the law and not the evidence is dispositive of the issue before the Board, the claim must be denied because of the absence of legal merit or the lack of entitlement under the law.  See Sabonis v. Brown, 6 Vet. App. 426 (1994).]

 
STEVEN D. REISS
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	John Kitlas, Counsel