Citation Nr: 18157861
Decision Date: 12/14/18	Archive Date: 12/13/18

DOCKET NO. 15-25 285
DATE:	December 14, 2018
REMANDED
Entitlement to additional Department of Veterans Affairs educational assistance benefits under Chapter 33, Title 38, United States Code (Post-9/11 GI Bill) is remanded.
REASONS FOR REMAND
The Veteran served on active duty in the U.S. Navy from September 2001 to June 2006.  
This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a January 2015 determination by the Department of Veterans Affairs (VA) Regional Office (RO).  
1. Entitlement to additional VA educational assistance benefits under Chapter 33, Title 38, United States Code (Post-9/11 GI Bill) is remanded.
The Veteran contends that he was denied payment of his tuition and fees and a book stipend for the latter third of his final semester of school under the Chapter 33 Post 9/11 GI Bill education assistance program.  He asserts that he was informed by VA that his entire spring semester would be paid for under the program; however, he said that payment of his benefits ceased prior to the end of his semester without prior notification.  The Veteran explained that the school in which he was enrolled, Niagara University, listed his final semester as three separate terms; but, he contends that it was actually one semester, and Niagara University chose, unlike in previous semesters, to register each class individually instead of as one semester.  The Veteran does not dispute that his benefits had been exhausted, but disagreed with VA’s decision to cease payment of his benefits during his final semester.  
In a June 2015 statement of the case, the RO referred to a January 2015 award letter issued to the Veteran for the terms January 24, 2015 to February 24, 2015, February 28, 2015 to March 28, 2015, and April 11, 2015 to May 9, 2015 and a separate disallowance letter indicating that the Veteran had exhausted his education benefits.  The Board notes that the record appears to be incomplete as neither this January 2015 award letter nor the separate disallowance letter are in the claims file.  While the SOC includes some this of information, incorporating some underlying content of these letters, it does not contain all the needed information.  Accordingly, the claim must be remanded to obtain the outstanding documentation.  
The matter is REMANDED for the following action:
(Continued on the next page)
 
Obtain and associate with the Veteran’s claims file any and all outstanding documentation to include, but not limited to, a January 2015 award letter and separate disallowance letter for Chapter 33 Post 9/11 GI Bill education benefits for the period from April 11, 2015 to May 9, 2015.
 
LESLEY A. REIN
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Journet Shaw