Citation Nr: 18157708 Decision Date: 12/14/18 Archive Date: 12/13/18 DOCKET NO. 15-29 140 DATE: December 14, 2018 ORDER Entitlement to an extension of the delimiting date for education benefits under Title 38, Chapter 35 of the United States Code, Dependents' Educational Assistance (DEA) beyond May 28, 2012 is denied. FINDINGS OF FACT 1. The appellant was granted eligibility for DEA; her current delimiting date is May 28, 2012. 2. In July 2014 the appellant filed a claim for an extension of her delimiting date for DEA benefits beyond May 28, 2012. 3. The appellant was born on January [redacted], 1981 and reached the age of 31 on January [redacted], 2012. CONCLUSION OF LAW The criteria for an extension of the delimiting date for education benefits under Title 38, Chapter 35 of the United States Code, DEA, beyond May 28, 2012, have not been met. 38 U.S.C. §§ 3501, 3512 (West 2014); 38 C.F.R. §§ 21.3021, 21.3040, 21.3041, 21.3043 (2017). REASONS AND BASES FOR FINDINGS AND CONCLUSION Entitlement to an extension of the delimiting date for DEA education benefits beyond May 28, 2012. The appellant is seeking an extension of her delimiting date for DEA benefits beyond May 28, 2012. The appellant was granted DEA benefits with a delimiting date of September 20, 2011. The appellant filed a request for an extension of her DEA education benefits due to circumstances beyond her control. This request was granted and a new delimiting date of May 28, 2012 was established. The appellant filed an additional request for an extension of her delimiting date of May 28, 2012 in August 2014. The denial of this request is the issue on appeal. The Board notes a claimant has a year from the end of his or her delimiting date to file a request for an extension unless certain exceptions are met. See 38 C.F.R. §§ 21.1033. The appellant’s claim was filed in August 2014, more than a year after her May 28, 2012 delimiting date. As such, her claim is not timely. However, even if the Board were to consider the appellant’s claim as timely she is not entitled to an extension of her delimiting date for DEA benefits beyond May 28, 2012. Delimiting dates may be extended if certain criteria are met, however, no person is eligible for educational assistance beyond his or her 31st birthday, except as provided under 38 C.F.R. § 21.3041 (g)(2). 38 C.F.R. § 21.3041 (g)(2) indicates if an eligible person’s period of eligibility ending date occurs while the person is enrolled in an educational institution, VA may extend the period of eligibility in two circumstances: (i) for a child enrolled in an educational institution that regularly operates on the quarter or semester system, the ending date may be extended to the end of the quarter or semester; or (ii) for a child who completes a major portion of a course while enrolled in an educational institution that operates under other than a quarter or semester system, the ending date may be extended to the end of the course, but not to exceed 12 weeks. The appellant reached the age of 31 on January [redacted], 2012. VA received a certification from Milwaukee Area Tech College noting the appellant was enrolled in classes from January 26, 2012 to May 17, 2012. The next certification was received by VA in July 2014 in which Milwaukee Area Tech College noted the appellant was enrolled from June 2014 to July 2014. As such, the Veteran was not enrolled in an educational institution when her period of eligibility ended on May 28, 2012. Therefore, the appellant is not entitled to an extension beyond her 31st birthday under 38 C.F.R. § 21.3041 (g)(2). The appellant contends that she should be granted an extension of her delimiting date because she had a difficult time completing school due to her own physical and mental health issues as well as being a care giver to her family members. The Board is sympathetic to the appellant’s position and the contentions she has advanced in support of her claim. Nevertheless, the Board is constrained to follow the specific provisions of law regarding the circumstances in which the delimiting date for DEA benefits may be extended, and there is nothing in the record to show that any apply in this case. Consequently, the Board must find that there is no legal authority to extend the appellant’s delimiting date for DEA benefits beyond the May 28, 2012 date. Where the law and not the evidence are dispositive of the issue before the Board, the claim must be denied because of the absence of legal merit or the lack of entitlement under the law. See Sabonis v. Brown, 6 Vet. App. 426 (1994).   Therefore, the appellant’s request for an extension of the delimiting date for DEA education benefits beyond May 28, 2012 must be denied. M.E. Larkin Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD C. Biggins, Associate Counsel