Citation Nr: 18156950 Decision Date: 12/11/18 Archive Date: 12/11/18 DOCKET NO. 15-23 842 DATE: December 11, 2018 ORDER Entitlement to reimbursement under the provisions of 38 U.S.C. Chapter 33 (Post-9/11 GI Bill) for the $85.00 fee incurred for the Georgia Psychology Jurisprudence Examination is granted. FINDING OF FACT 1. The Veteran took the Georgia Psychology Jurisprudence Examination (GPJE) on October 21, 2014, the fee for which totaled $85.00. 2. The GPJE taken by the Veteran on October 21, 2014, is a certification examination that is overseen by the Georgia State Board of Examiners of Psychologists, and is required to qualify to enter the practice of psychology in the state of Georgia. CONCLUSION OF LAW The criteria for reimbursement under the provisions of Chapter 33, Title 38, United States Code, for an $85.00 fee for the Georgia Psychology Jurisprudence Examination administered on October 21, 2014, have been met. 38 U.S.C. §§ 3001-3036, 3452, 3672, 3689 (2012); 38 C.F.R. §§ 21.9520, 21.9590, 21.9625, 21.9665, 21.9680 (2017). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from June 2008 to May 2014. 1. Entitlement to reimbursement under VA’s Licensing and Certification program for the $85.00 fee incurred for the Georgia Psychology Jurisprudence Examination. The Veteran is a psychologist. On October 21, 2014, he took the Georgia Psychology Jurisprudence Examination, which required an $85 fee. In March 2015, the Veteran submitted a completed claim form seeking reimbursement for the cost of the test. The VA regional office (RO) denied the Veteran’s claim citing to 38 C.F.R. § 21.7122, a regulation applicable to veterans seeking Chapter 30 educational benefits. The Veteran is entitled to educational benefits under Chapter 33 and he asserts that reimbursement of the $85 examination fee is warranted. The Veteran is correct. In order to receive educational assistance under 38 U.S.C. Chapter 33, an eligible individual must have taken an approved licensing or certification test, for which he or she is requesting reimbursement. 38 C.F.R. § 21.9590(a)(4). The Veteran is eligible to receive Chapter 33 educational benefits because he has 90 days or more of continuous, active duty service after September 10, 2001. 38 C.F.R. § 21.9520(a)(1). VA will award educational assistance for the cost of a licensing or certification test only when the veteran or service member takes such test: (i) While the test is approved; (ii) While the veteran or service member is eligible for educational assistance; and (iii) No more than one year before the date VA receives a claim for reimbursement of the cost of the test. 38 C.F.R. § 21.9625(a)(2). The record shows that Georgia state law requires psychologists to be licensed and regulated by the Professional Licensing Board. The Board contracted with PSI Services LLC (PSI) to conduct the Georgia Psychology Jurisprudence Examination. PSI provides examinations through a network of computer examination centers in Georgia. The examination is developed through a collaboration of PSI and the Georgia State Board of Examiners of Psychologists to meet local as well as national requirements in basic principles and examination development standards. The examination the Veteran took is required to maintain his job as a psychologist and is a “qualifying” certification test under the statute. See 38 U.S.C. § 3452. The certification examination was developed and administered (via contractor) by an entity of the Georgia state government tasked with licensing and regulating psychologists practicing in Georgia and is deemed approved under 38 U.S.C. Chapter 36. See 38 U.S.C. §§ 3672, 3689. The Board also finds that the Veteran is eligible to receive education assistance under 38 C.F.R. § 21.9625(a). Additionally, the Veteran took the examination in October 2014 and filed his claim in March 2015, well within the one-year time frame. 38 C.F.R. § 21.9625(a)(2). Moreover, the Veteran has submitted all information and paperwork VA requires for reimbursement purposes, as outlined at 38 C.F.R. § 21.9680(b)(5). As the requisite elements under 38 C.F.R. §§ 21.9625(a)(2) and 21.9680(b)(5) have been satisfied, the Veteran is entitled to prevail on his claim. G. A. WASIK Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD R. E. Jones, Counsel