Citation Nr: 18159409 Decision Date: 12/19/18 Archive Date: 12/19/18 DOCKET NO. 15-27 977 DATE: December 19, 2018 ORDER Entitlement to VA educational benefits for on-the-job training prior to November 14, 2013 (from July 9, 2012 to July 9, 2013), is denied. FINDING OF FACT On November 14, 2014, the Veteran filed a claim for Chapter 33 education benefits for a one-year long on-the-job training program that concluded in July 2013. CONCLUSION OF LAW The criteria for reimbursement of education benefits for on-the-job training prior to November 14, 2013 (from July 9, 2012 to July 9, 2013), under Chapter 33, Title 38, United States Code have not been met. 38 C.F.R. §§ 21.1029, 21.9625 (2017). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from September 2002 to December 2006. 1. Entitlement to VA educational benefits for training commencing prior to November 14, 2013 (from July 9, 2012 to July 9, 2013). The Veteran electronically submitted a claim for Chapter 33 education benefits to VA on November 14, 2014. He reported that he had completed a one-year on-the-job training program with the Summit County Sheriff’s Office. The program began on July 9, 2012. In December 2014, VA received certification from the Veteran’s employer of his enrollment in the training program. In an January 2015 letter the RO advised the Veteran that he was not entitled to payment of Chapter 33 education assistance benefits prior to November 14, 2013, because applicable law and regulations required that payment be made no more than one year prior to receipt of the application for benefits. Pursuant to 38 C.F.R. § 21.9625, “VA will determine the beginning date of an award or increased award of educational assistance under this section, but in no case will the beginning date be earlier than August 1, 2009.” 38 C.F.R. § 21.9625. In the instant case, the RO determined that November 14, 2013, was the earliest possible beginning date that VA could pay educational benefits in accordance with 38 C.F.R. § 21.9625(a)(1), which provides that “[i]f the award is an award for the first period of enrollment for which the eligible individual began pursuing his or her program of education, the beginning date will be the latest of--(A) The date the institution of higher learning certifies under paragraph (b) or (c) of this section; (B) One year before the date of claim as determined by § 21.1029(b); (C) The effective date of the approval of the program of education; or (D) One year before the date VA receives approval notice for the program of education.” In this case, the Veteran submitted an electronic application for Chapter 33 education benefits that was received by VA on November 14, 2014. Further, he has not asserted that he filed a claim for the educational benefits sought prior to that date. As such, November 14, 2014, is the date of claim in this case and the payment of educational benefits may not be paid for training that was completed more than a year prior to November 14, 2014. The Board also notes that the educational institution in question, the Summit County Sheriff’s Office certified the Veteran’s enrollment with them subsequent to VA’s receipt of the Veteran’s claim. In short, there does not appear to be any dispute the Veteran completed the on-the-job training at that institution during the period he is seeking reimbursement under Chapter 33 (Post-9/11 GI Bill education benefits). Nevertheless, the record does not reflect VA received any information regarding this Veteran’s on-the-job training program prior to his electronic application of November 14, 2014. Consequently, there does not appear to be any legal authority to award such benefits for training completed more than one year prior to November 14, 2014. The Veteran contends that he should be awarded the education benefit even though his claim was received by VA more than a year after completion of his training program. He maintains that he was unable to accomplish the required paperwork due to the fault of his employer. He submitted a February 2015 letter from his employer. The Personnel Director at the Sheriff’s Office reported that certain functions of a prior certifying officer were not completed due to that officer’s illness. The Personnel Director went on to state that when she became the new Personnel Director she was at first unaware of the education program and the rules governing the program. She said that this caused the delay in certification of the Veteran’s enrollment and she asked that VA reconsider the Veteran’s claim and award him the education benefits sought. The Board has considered the Veteran’s assertions, but notes that the Veteran has not explained why he could not have submitted his application for education benefits at an earlier date, regardless of the actions his employer. Furthermore, the Veteran’s arguments that he be awarded education benefits despite the untimely application essentially constitute a theory of equitable relief. Consequently, the Board is without authority to grant it on an equitable basis and instead is constrained to follow the specific provisions of law. See 38 U.S.C. § 7104; Taylor v. West, 11 Vet. App. 436, 440-41 (1998); Harvey v. Brown, 6 Vet. App. 416, 425 (1994). Here, the law specifically requires that an individual must submit a timely claim for such benefits in order to receive them, and in this case the Veteran’s claim was not timely. In view of the foregoing, the Board must find the Veteran has no legal entitlement to Chapter 33 (Post-9/11 GI Bill) education benefits for the period in question; i.e., for the on-the-job training program completed more than one year prior to the date of claim. Where the law and not the evidence is 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). G. A. WASIK Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD R. E. Jones, Counsel