Citation Nr: 18150976
Decision Date: 11/20/18	Archive Date: 11/16/18

DOCKET NO. 14-15 363A
DATE:	November 20, 2018
REMANDED
Entitlement to educational assistance benefits under Chapter 33, Title 38, United States Code (Post 9/11 GI Bill) is remanded.
REASONS FOR REMAND
Entitlement to educational assistance benefits under Chapter 33, Title 38, United States Code (Post 9/11 GI Bill) is remanded.
The Veteran’s claim was most recently before the Board in July 2016 when it was remanded in order to provide the Veteran’s attorney with a copy of a supplemental statement of the case.  This development was completed in September 2016; however, the Veteran’s claim must be remanded again. 
The Veteran is seeking Post 9/11 GI Bill education benefits.  In order to qualify for Post 9/11 GI Bill education benefits the Veteran must have served 90 aggregate days of qualifying active service or 30 continuous days of qualifying active service if discharged due to a service-connected disability.  The Veteran has possible qualifying active service from February 2001 to May 2003, however, with the current evidence of record it is not possible for the Board to determine if this service constitutes active service for education benefits purposes.  
The RO sought clarity from the Department of Defense regarding the nature of the Veteran’s service. The Department of Defense responded in February 2016 indicating that that the Veteran’s service from February 2001 to October 2001 was not qualifying active service.  In addition, the Department of Defense indicated that the Veteran’s service from October 2001 to May 2003 “appears” to be active duty which does not qualify but that “no orders are in electronic file to verify Title and USC code.” In order to properly adjudicate the Veteran’s claim the Board must be able to determine whether the Veteran’s active service was qualifying for education benefits purposes.  The Department of Defense response does not provide a clear answer on the nature of the Veteran’s service from October 2001 to May 2003. The response seems to indicate that there is both an electronic file and a paper file that may contain orders which would provide clarity.  The Veteran’s VA claims file contains a few transfers orders from that time frame indicating orders do exist, however, they do not include sufficient information to determine the nature of the Veteran’s service at this time. 
As Department of Defense is able to determine the nature of the Veteran’s service a request must be sent asking for a review the entirety of the Veteran’s records to determine the nature of any possible qualifying active service.   In addition, any outstanding military personnel records must be obtained on remand and associated with the Veteran’s claims file. 
The matter is REMANDED for the following action:
1. Obtain the Veteran’s complete service personnel records and associate them with his claims file. 
2. Contact the Department of Defense and request a complete review of the Veteran’s records, to include paper and electronic, to determine whether the Veteran has qualifying active service for Post 9/11 GI Bill purposes.  If possible provide the Department of Defense with copies of the orders in the Veteran’s claims file for the period of February 2001 to May 2003.  
3. After completion of the above, review the record to determine that all requested development has been completed.
 
M.E. Larkin
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	C. Biggins, Associate Counsel