Citation Nr: 18146346
Decision Date: 10/31/18	Archive Date: 10/31/18

DOCKET NO. 15-11 922
DATE:	October 31, 2018
REMANDED
Validity of overpayment made as a result of the revoked transfer of entitlement is remanded.
REASONS FOR REMAND
Validity of overpayment made as a result of the revoked transfer of entitlement is remanded.
The appellant contends that the debt created by the Veteran’s separation from active service is invalid.  Appellant repeatedly asserted that the Post 9/11 Educational Benefits Transferability Commitment and Statement of Understanding which the Veteran signed indicated the Veteran was only responsible for overpayments made after his date of termination. See March 2015 VA Form 9, December 2014 Appellant Statement, and September 2014 Veteran Statement. 
A February 2015 Statement of the Case (SOC) provided to the appellant lists evidence considered to include “Department of Defense (DOD) records.”  The reasons and bases section noted that the appellant was responsible for the debt created as it relates to the entire period of entitlement because the Veteran did not meet the service requirements to transfer entitlement to the appellant.  The Board finds the SOC did not adequately address the appellant’s contention that the Post 9/11 Educational Benefits Transferability Commitment and Statement of Understanding indicates he is not responsible for overpayments prior to the Veteran’s date of termination.   The Board acknowledges that the SOC lists DOD record as evidence and that the Post 9/11 Educational Benefits Transferability Commitment and Statement of Understanding is likely a part of that record, however, the document nor the appellant’s contention is specifically referenced at any point in the SOC.  As such, the appellant has not received notice that the document was considered by the Agency of Original Jurisdiction (AOJ). 
In addition, the appellant has repeatedly asked for information regarding his right to representation.  See September 2014 Veteran Statement and December 2014 Appellant Statement. Such information does not appear to have been provided to him.  As such, on remand the appellant should be provided with information regarding his right to representation and representatives available to him. 
The matter is REMANDED for the following action:
1. Send the appellant a Supplemental Statement of the Case that addresses the appellant’s contention that the Post 9/11 Educational Benefits Transferability Commitment and Statement of Understanding indicates he is not financially responsible for education benefit payments made prior to the date of the Veteran’s termination.
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2. Provide the appellant information regarding his right to a representative and representatives available to him.
 
M.E. Larkin
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	C. Biggins, Associate Counsel