Citation Nr: 18151020
Decision Date: 11/16/18	Archive Date: 11/16/18

DOCKET NO. 15-14 325A
DATE:	November 16, 2018
ISSUES REMANDED
Entitlement to Post 9/11 GI Bill (Chapter 33) education benefits at a rate in excess of 50 percent is remanded.
ISSUES REFERRED
Validity of the overpayment of education benefits is referred.
REASONS FOR REMAN/DREFERRED
The issue of validity of the overpayment of education benefits has been raised by the record in a March 2015 notice of disagreement. The claims file contains a memo indicating that the Veteran’s overpayment was referred to the Debt Management Center.  However, the record is unclear as to the outcome of this referral.  Moreover, it appears that this issue has not been adjudicated by the Agency of Original Jurisdiction (AOJ).  Therefore, the Board does not have jurisdiction over it, and it is referred to the AOJ for appropriate action.  38 C.F.R. § 19.9(b).

Entitlement to Post 9/11 GI Bill (Chapter 33) education benefits at a rate in excess of 50 percent is remanded is remanded.
The Veteran is seeking Chapter 33 education benefits at a rate in excess of 50 percent. Chapter 33 education benefits are calculated based on the amount of a Veteran’s qualifying active duty service.  The record indicates the Veteran recently returned to active duty in October 2017.  He submitted a DD Form 214 in September 2018 presumably from his most recent period of active service.  However, the document is not legible and the Board is unable to determine the length of the Veteran’s most recent period of active service.  The claims file does not appear to contain an additional copy of this record.  As such, the Veteran’s claim must be remanded in order to obtain a complete copy of his military personnel record to include any and all outstanding DD Form 214’s. 
Moreover, the March 2015 Statement of the Case references a print out from “VIS” which showed service from January 2008 to the present but indicated that it was not qualifying active service.  In addition, in January 2015 the RO contacted the Department of Defense (DOD) to verify the Veteran’s periods of qualifying service. DOD responded, referring the RO to VIS to review periods of qualifying service.  However, the claims file does not appear to contain a copy of the VIS print out. As such, as it appears the RO is relying solely on this record to determine that the Veteran’s service from January 2008 to the present is not qualifying service, the VIS print out must be associated with the Veteran’s claims file. 
The matters are REMANDED for the following action:
1. Obtain the Veteran’s complete service personnel records to include a legible copy of a DD Form 214 from his most recent period of service. 
2. Associate a labeled copy of the VIS print out referenced in the March 2015 Statement of the Case with the Veteran’s claims file.  
3. Thereafter, review the record and determine that the above development, and any additionally indicated development, has been completed.
 
M.E. Larkin
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	C. Biggins, Associate Counsel