Citation Nr: 18156285
Decision Date: 12/07/18	Archive Date: 12/07/18

DOCKET NO. 11-15 095
DATE:	December 7, 2018
REMANDED
Entitlement to Post 9/11 GI Bill (Chapter 33) education benefits is remanded.
REASONS FOR REMAND
Entitlement to Post 9/11 GI Bill (Chapter 33) education benefits is remanded.
The Veteran is seeking Chapter 33 education benefits.  The Veteran was provided with a December 2010 letter indicating her claim for Chapter 33 benefits was denied because she had already used a combined total of 48 months of education benefits under multiple VA education programs.  An April 2014 Supplemental Statement of the Case (SSOC) further explained that the Veteran had already used the 12 months and 11 days of Chapter 33 benefits of which she was entitled.  The SSOC stated when the Veteran elected to receive Chapter 33 benefits in lieu of Chapter 30 benefits she transferred the remainder of her Chapter 30 benefits (12 months and 11 days) to Chapter 33 benefits.  Therefore, no additional education benefits could be awarded to the Veteran.
The Veteran’s claims file does not contain the initial award letter indicating the amount of Chapter 30 benefits awarded to the Veteran.  There is a printout associated with the Veteran’s claims file that notes the Veteran had used 19 months and 20 days of Chapter 30 benefits before electing to switch to Chapter 33 benefits.  However, adding the 19 months and 20 days to the 12 months and 10 days noted to be available for Chapter 33 does not equate to 48 months of combined total.  As such, it is unclear if 19 months and 20 days is the accurate amount of Chapter 30 benefits used by the Veteran.   The amount of Chapter 30 benefits used by the Veteran is a fact critical to the adjudication of the Veteran’s claim as it goes to the issues of the combined total used and the amount of benefits available to be transferred to Chapter 33.  As such, the initial Chapter 30 award letter which indicates the total amount of Chapter 30 benefits awarded to the Veteran must be associated with the Veteran’s claims file on remand. 
The matter is REMANDED for the following action:
1. Attempt to obtain and associate with the Veteran’s claims file the initial Chapter 30 award letter indicating the total amount of education benefits awarded to the Veteran. 
2. Thereafter readjudicate the Veteran’s claim.  If the benefit sought on appeal is not granted, issue a SSOC which adequately explains how the RO calculated 48 months of combined entitlement used, including the amounts used under each VA education program. 
 
M.E. Larkin
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	C. Biggins, Associate Counsel