Citation Nr: 18150010
Decision Date: 11/14/18	Archive Date: 11/14/18

DOCKET NO. 15-09 866
DATE:	November 14, 2018
REMANDED
Entitlement to Post 9/11 GI Bill education benefits at a rate in excess of 60 percent is remanded.
REASONS FOR REMAND
Entitlement to Post 9/11 GI Bill education benefits at a rate in excess of 60 percent is remanded.
The Veteran is seeking Post 9/11 GI Bill education benefits at the 100 percent rate. The Veteran initially applied for Post 9/11 GI Bill education benefits in August 2014. A February 2015 Statement of the Case (SOC) indicated the Veteran was awarded benefits at the 60 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 60 percent level.  The February 2015 SOC does not include an award letter or the issuance of a certificate of eligibility in the list of adjudicative actions or evidence.  As such, it is unclear if an initial award letter explaining the grant of benefits at the 60 percent rate was provided to the Veteran.  Complete clarity regarding what periods of service the RO considered active duty for education benefits purposes when awarding the 60 percent rate is necessary in order to properly adjudicate the Veteran’s claim.  As such, a copy of the initial award letter granting the 60 percent rate of Post 9/11 GI Bill benefits must be associated with the Veteran’s claim file or issued if one has not yet been provided to him. 
The matter is REMANDED for the following action:
Obtain a copy of the initial award letter granting Post 9/11 GI Bill education benefits at the 60 percent rate and associate it with the Veteran’s claim file or issue an award letter if the Veteran has not yet been provided one.

 
Eric S. Leboff
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	C. Biggins, Associate Counsel