Citation Nr: 18148161
Decision Date: 11/06/18	Archive Date: 11/06/18

DOCKET NO. 16-15 081A
DATE:	November 6, 2018
ORDER
The appeal as to whether the Veteran made an irrevocable election of education benefits under the Post 9/11 GI Bill program (Chapter 33) in lieu of benefits under the Montgomery GI Bill program (Chapter 30) is granted subject to the law and regulations governing the award of monetary benefits.
FINDING OF FACT
The March 2015 VA Form 22-1990 was not signed and therefore not properly completed.
CONCLUSION OF LAW
The criteria for an irrevocable election for education benefits under Chapter 33 in lieu of benefits under Chapter 30 have not been met. 38 U.S.C. §§ 3301-24 (West 2014); 38 C.F.R. § 21.9520 (2017).
REASONS AND BASES FOR FINDING AND CONCLUSION
Whether the Veteran made an irrevocable election of education benefits under Chapter 33 in lieu of benefits under Chapter 30.
The Veteran is seeking to change the effective date of his election of Chapter 33 education benefits in lieu of Chapter 30 benefits.  The Veteran indicated he initially improperly selected an effective date because he did not know when he was going to start school and was not of sound mind at the time due to his service-connected posttraumatic stress disorder.  See January 2016 Veteran Statement, April 2016 VA Form 9, July 2016 Board Hearing.  
In March 2015 an electronic VA Form 22-1990 was submitted on behalf of the Veteran seeking Chapter 33 benefits in lieu of Chapter 30 benefits effective January 1, 2016.  The application indicated the election was irrevocable. The signature and date field of the application were left blank.  There is no additional documentation in the claims file indicating the Veteran’s electronic or handwritten signature accompanied the March 2015 VA Form 22-1990. 
In order to be entitled to Chapter 33 benefits in lieu of Chapter 30 benefits the Veteran must, among other requirements, properly complete a VA Form 22-1990.  See 38 C.F.R. § 21.9520(c) (2018).  Accordingly, for an application to be properly completed there must be sufficient information to convey that the Veteran has acknowledged that the election is irrevocable. Particularly where the consequences of filing an irrevocable election are potentially so significant, strict compliance with the irrevocable election requirements is paramount. The Board finds that the electronically filed VA Form 22-1990 as documented in the Veteran’s claims file does not contain such an acknowledgement, because it is not signed by the Veteran. There is no other signed documentation in the Veteran’s claims file indicating he sought Chapter 33 benefits in lieu of his Chapter 30 benefits and indicating that he understood his election to be irrevocable.  
The Board finds that the Veteran did not properly complete the VA Form 22-1990, which was submitted in March 2015. Therefore, it does not constitute an irrevocable election of Chapter 33 benefits in lieu of Chapter 30 benefits. Therefore, the Veteran has not made an irrevocable election of Chapter 33 benefits in lieu of Chapter 30 benefits. As such, the Veteran may submit a new properly completed VA Form 22-1990 with the election date he desires subject to the law and regulations governing the award of monetary benefits.
 
K. MILLIKAN
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	C. Biggins, Associate Counsel