Citation Nr: 18144909
Decision Date: 10/25/18	Archive Date: 10/25/18

DOCKET NO. 16-23 363
DATE:	October 25, 2018
ORDER
Entitlement to continued educational assistance under Chapter 1607, Title 10, United States Code, for benefits under the Reserve Educational Assistance Program (REAP) is denied.
FINDINGS OF FACT
1.  The Veteran was provided REAP educational benefits from July 2010 to June 2014 when he completed his program.
2. The next school term certified to the VA was for the period of December 2015 to January 2016. 
CONCLUSION OF LAW
The criteria for entitlement to continued educational assistance under Chapter 1607, Title 10, United States Code, for benefits under REAP.  10 U.S.C. §§ 16161-16165 (West 2014); 38 U.S.C. § 3034 (d) (West 2014); 38 C.F.R. §§ 21.4235, 21.7540, 21.7550 (2017). 
REASONS AND BASES FOR FINDINGS AND CONCLUSION
Entitlement to continued educational assistance under Chapter 1607, Title 10, United States Code, for benefits under REAP.
The Veteran’s contends he should be entitled to REAP benefits for the school term beginning December 2015.  By way of procedural history, the Veteran submitted an application for VA education benefits in June 2011.  He was awarded 36 months of REAP education assistance.  The Veteran attended classes and was provided educational assistance under REAP from July 2010 to June 2014.  In February 2016 the Veteran was sent correspondence indicating that he would no longer be provided with REAP education benefits because the National Defense Authorization Act for 2016 ended REAP effective November 25, 2015.  The letter further explained because the Veteran was seeking payment for a term that was not immediately preceding November 25, 2015 he was no longer eligible for REAP benefits.  
The Board finds the Veteran is not entitled to REAP benefits for the December 2015 to January 2016.  The Veteran stated that in May 2015 he registered for classes that began September 2015, before the November 2015 deadline. However, he was unable to begin classes in September 2015 due to a work emergency. The Veteran explained that in October 2015 he signed up for the semester that began December 2015.  See March 2016 notice of disagreement and May 2016 VA Form 9.  VA received a certificate of enrollment indicating the Veteran was enrolled in the December 2015 to January 2016 term.  The Board acknowledges the Veteran’s contention that he signed up for classes prior to November 2015, however, the semester itself did not start until after November 2015.  The school term in which the Veteran seeks educational assistance for must preceded November 2015 in order for him to be eligible for REAP benefits.  See Pub. L. 114-92 and April 2016 Statement of the Case.  
The Board acknowledges the Veteran’s contention that he could not participate in the term immediately preceding November 2015 because of a work emergency. However, this contention appears to argue that he is entitled to continued REAP benefits based on an equitable basis.  The Board bound by the law and has no authority to grant benefits on an equitable basis. See 38 U.S.C. § 503; see also Harvey v. Brown, 6 Vet. App. 416 (1994).
Therefore, the Veteran is not entitled to REAP benefits for the December 2015 to January 2016 term as it comes after November 2015.  As such, his claim must be denied. 

 
M.E. Larkin
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	C. Biggins, Associate Counsel