Citation Nr: 18149454
Decision Date: 11/09/18	Archive Date: 11/09/18

DOCKET NO. 15-15 308
DATE:	November 9, 2018
ORDER
Entitlement to Montgomery GI Bill (Chapter 30) education benefits for the Immigration Enforcement Agent (IEA) on the job training program is denied.
FINDINGS OF FACT
1.  The Veteran applied for Chapter 30 education benefits in September 2014 for the IEA program, which he completed on March 13, 2010.
2.  The Veteran did not submit a formal or informal claim for education benefits for the IEA program prior to March 13, 2011. 
CONCLUSION OF LAW
The criteria for entitlement to retroactive payment of educational assistance benefits under Chapter 30 for the IEA program completed in March 2010 are not met. 38 U.S.C. §§ 3031, 3452; 38 C.F.R. §§ 21.1029 (b), 21.7131(a).
REASONS AND BASES FOR FINDINGS AND CONCLUSION
Entitlement to Chapter 30 education benefits for the IEA on the job training program from February 18, 2008 to March 13, 2010.
The Veteran is seeking Chapter 30 education benefits for the IEA on the job training program he participated in from February 18, 2008 to March 13, 2010.  The Veteran submitted a claim seeking these benefits in September 2014. See September 2014 VA Form 22-1995.  
The Board finds the Veteran is not entitled to Chapter 30 benefits for the IEA program.  The Veteran’s application for education benefits was received by VA on September 22, 2014. One year before the date of the earliest indication of a claim is September 22, 2013.  Accordingly, because the IEA program for which the Veteran seeks to use his Chapter 30 benefits commenced, and was completed, prior to September 22, 2013, VA is unable to pay the benefits. In order for the Veteran to have received payment for this program he must have filed his claim within one year of March 13, 2010, when he completed the program.  However, no formal or informal claim was received by VA before March 13, 2011, as such the Veteran’s claim must be denied. 
In so concluding, the Board has considered the arguments advanced by the Veteran. In support of his claim the Veteran submitted a memo indicating the State Approving Agency (SAA) had approved the on the job training program he participated in.  The memo indicates education benefits for this program could be approved effective November 5, 2005.  The Veteran contends because he completed the program after November 5, 2005 he is entitled to receive education benefits.  See March 2015 VA Form 9 and March 2015 Veteran Statement.   The Board acknowledges that the IEA program was approved by the SAA, however, SAA approval is not at issue in this appeal.  The Board is still unable to grant the payment of retroactive benefits more than one year prior to the date of claim. Although the Board is sympathetic to the Veteran’s argument, the Board lacks the legal authority to award benefits outside the scope of the law, and has no authority to grant claims on an equitable basis. See 38 U.S.C. § 7104; Harvey v. Brown, 6 Vet. App. 416 (1994).

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