Citation Nr: 18149997 Decision Date: 11/14/18 Archive Date: 11/14/18 DOCKET NO. 15-16 743 DATE: November 14, 2018 ORDER Entitlement to VA education benefits for vocational flight training are granted. FINDING OF FACT At the time he began flight training in September 2014, the Veteran held a valid Class II medical certificate. CONCLUSION OF LAW The criteria for VA education benefits for vocational flight training have been met. 38 U.S.C. §§ 3034 (d), 7104 (c) (2012); 38 C.F.R. § 21.4235 (2017). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the United States Air Force from April 1983 to January 2008. He seeks entitlement to vocational benefits under the Post 9/11 GI Bill for vocational flight training he received from September 8 to September 10, 2014. A veteran or service member who is otherwise eligible to receive education assistance may receive educational assistance for flight training in an approved course provided that the individual meets certain requirements. VA may approve the individual’s program of education if the flight courses that constitute the program of education meet Federal Aviation Administration (FAA) standards for such courses and the FAA and the State approving agency approve them; and the flight training included in the program is either generally accepted as necessary for the attainment of a recognized vocational objective in the field of aviation, or is given by an educational institution of higher learning for credit toward a standard college degree that the individual is pursuing. Further, the individual must possess a valid private pilot certificate or higher pilot certificate, such as a commercial pilot certificate; and, unless enrolled in an Airline Transport Pilot course, hold a second-class medical certificate on the first day of training. 38 U.S.C. § 3034 (d) (2012); 38 C.F.R. § 21.4235 (a)-(b) (2017). The record reflects that the Veteran is eligible for educational benefits under the Post-9/11 GI Bill and it appears that the vocational flight program he attended in September 2014 is an accredited program. The Veteran also has a commercial pilot’s license issued by the Federal Aviation Agency. He attended flight instruction from September 8 to September 10, 2014. The medical certificate subsequently presented by the Veteran in relation to his claim had an examination date of September 24, 2014; thus, Regional Office denied the Veteran’s claim for benefits after concluding that he did not have a valid medical certificate on the first day of class. 38 U.S.C. § 3034 (d); 38 C.F.R. § 21.4235 (a)-(b). However, as noted in correspondence to VA and in his August 2016 testimony before the undersigned, the Veteran did, in fact, possess a valid medical certificate as of September 8, 2014. The record shows that, in September 2012, he was issued a Class II medical certificate by the FAA, with an examination date of September 14, 2012. Under 14 CFR 61.23 (c), if a person holds a Class II medical certificate and is over the age of 40, that certificate expires on the 24th month after the month of the date of examination shown on the medical certificate. Here, the Veteran was over 40 years of age in 2012. The examination date listed on his certificate was September 14, 2012. There is no indication in the record that the certificate was suspended or revoked at any time. Thus, it follows that the Veteran’s Class II medical certificate did not expire until October 2014, and was therefore valid on September 8, 2014. Furthermore, it appears that the school through which the Veteran was trained, Flight Safety International, is an FAA-approved training program which was satisfied that the Veteran was qualified for admission to their training program. In a September 2014 VA enrollment certification, a company representative certified not only that the Veteran had a commercial pilot’s license but also that he held a Class II medical certificate with an exam date of September 14, 2012. Since an unqualified pilot would pose a danger to the instructors and other students, the flight school would presumably be highly motivated to ensure that all admitted students are not only technically but also medically qualified for flight training. Having carefully reviewed the evidence of record, the Board concludes that the Veteran possessed a valid FAA Class II medical certificate on the first day of training, September 8, 2014. Gilbert v. Derwinski, 1 Vet. App. 49 (1990); 38 U.S.C. § 5107 (b); 38 C.F.R. § 3.102 (2017). Thus, the appeal is granted. MARJORIE A. AUER Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Jeremy J. Olsen, Counsel