Citation Nr: 18151960
Decision Date: 11/20/18	Archive Date: 11/20/18

DOCKET NO. 18-15 767
DATE:	November 20, 2018
REMANDED
Entitlement to a waiver of recovery of overpayment of Chapter 33 (Post-9/11 GI Bill) education benefits, to include validity of the debt.
REASONS FOR REMAND
The Veteran served on active duty from October 2008 to February 2009, and from January 2011 to January 2012.  He had additional service in the Reserve. He provided testimony at a hearing before the undersigned Veterans Law Judge (VLJ) in July 2018.  A transcript of this hearing is of record.
The record reflects an overpayment of Chapter 33 education benefits was created when a compliance survey was completed on the educational institution to which the Veteran was attending, and which resulted in a correction of the submitted enrollment certifications.  In light of this survey, VA took corrective action which resulted in the overpayment.
The Veteran’s request for a waiver in this case has also raised the issue of validity of debt, to include whether the amount of debt was properly created and calculated.  He has contested the actual amount owed and has asserted the total overpayment debt was not properly calculated.  He has further indicated that certain courses which he took during the pertinent period should have been eligible for Chapter 33 education benefits, which also goes to the question of validity of debt.
Based on the foregoing, a detailed accounting showing how the total overpayment debt (to include how each of the three respective sums for tuition/fees, housing allowance, and books/supplies) was calculated, and the amount of the debt found to have been created must be prepared, sent to the Veteran, and associated with the record.  This accounting should also take into consideration his contention that certain courses taken during the period were eligible for Chapter 33 benefits but he did not receive such benefits.
The Veteran has contended that collection of the overpayment would result in a severe financial hardship.  Although it appears he submitted a financial status report in October 2016, his subsequent statements and hearing testimony indicate that the information provided may not be currently accurate.  As a remand is otherwise required in this case, he should be requested to provide updated financial information in this case.
The matter is REMANDED for the following actions:
1. Create a clear accounting showing how the Veteran's total overpayment of Chapter 33 (Post-9/11 GI Bill) education assistance benefits were calculated.  
A detailed accounting showing how the total overpayment debt (to include how each of the three respective sums for tuition/fees, housing allowance, and books/supplies) was calculated should be provided to the Veteran, and associated with the record.  
The accounting should reflect consideration of the Veteran’s contentions that certain courses in the pertinent period were eligible for Chapter 33 benefits but he did not receive such benefits.
2. Request that the Veteran submit a current financial status report, VA Form 5655.
3. Provide the Veteran an appropriate amount of time to respond to the newly-created evidence. Thereafter, return the case to the Board if the benefit has not been granted to his satisfaction.
 
L. HOWELL
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	John Kitlas, Counsel