Citation Nr: 18149452
Decision Date: 11/09/18	Archive Date: 11/09/18

DOCKET NO. 15-14 914
DATE:	November 9, 2018
REMANDED
Entitlement to education benefits under the Montgomery GI Bill (Chapter 30) is remanded.
Entitlement to education benefits under the Post 9/11 GI Bill (Chapter 33) at a rate in excess of 40 percent is remanded.
REASONS FOR REMAND
1. Entitlement to Chapter 30 education benefits is remanded.
The Veteran is seeking entitlement to Chapter 30 education benefits.  An April 2015 Statement of the Case (SOC) indicates that the Veteran is not eligible for Chapter 30 education benefits because he did not complete his obligated period of active service.  
Chapter 30 benefits may be awarded to a Veteran who did not complete his period of obligation if certain exceptions are met.  A review of the Veteran’s DD Form 214 indicates he was honorably discharged due to a serious offense of misconduct.  The Veteran’s claims file does not contain any military personnel records which document the serious offense which lead to his separation.  As such, it appears his claims file is incomplete. On remand a complete copy of the Veteran’s military personnel record to specifically include any documents relating to the misconduct noted on his DD Form 214 must be obtained and associated with his claims file. 
2. Entitlement to Chapter 33 education benefits at a rate in excess of 40 percent is remanded.
As noted above, a complete copy of the Veteran’s military personnel record does not appear to be associated with his claims file.  As these documents could be relevant to determining the nature of the Veteran’s active service his claim for an increased rate of Chapter 33 benefits must be remanded as well. 
In addition, an April 2015 SOC indicated the Veteran was awarded Chapter 33 education benefits at the 40 percent rate.  However, the Veteran’s claims file does not contain a copy of the initial award letter indicating what period of active duty the RO considered when awarding benefits at the 40 percent level.  The April 2015 SOC notes a certificate of eligibility was awarded to the Veteran in February 2015 but it is not associated with the claims file.  Complete clarity regarding what periods of service the RO considered active duty for education benefits purposes when awarding the 40 percent rate is needed in order to properly adjudicate the Veteran’s claim.  As such, a copy of the initial Chapter 33 award letter and certificate of eligibility must be associated with the Veteran’s claim file. 
The matters are REMANDED for the following action:
1. Obtain the Veteran’s complete service personnel record to include any documents related to his misconduct and associate them with his claims file.
2. Obtain a copy of the initial Chapter 33 award letter and certificate of eligibility and associate it with the Veteran’s claim file.
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3. After the above development, and any additionally indicated development, has been completed, readjudicate the issues on appeal.
 
M.E. Larkin
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	C. Biggins, Associate Counsel