Citation Nr: 18116202 Decision Date: 07/05/18 Archive Date: 07/05/18 DOCKET NO. 18-17 832 DATE: July 5, 2018 ORDER Eligibility for Post 9/11 GI Bill (Chapter 33) education benefits is denied. FINDINGS OF FACT 1. The Veteran served on active duty from January 2013 to June 2014. 2. In February 2018 the Veteran applied for Montgomery GI Bill (Chapter 30) education benefits. 3. In September 2014 the application for Chapter 30 benefits was granted. CONCLUSION OF LAW The criteria for Eligibility for Post 9/11 GI Bill (Chapter 33) education benefits have not been met. 10 U.S.C. § 2171 (West 2014); 38 U.S.C. § 3322 (West 2014); 38 C.F.R. §§ 21.9505, 21.9520 (2017).   REASONS AND BASES FOR FINDINGS AND CONCLUSION Eligibility for Post 9/11 GI Bill (Chapter 33) education benefits. The Veteran is seeking entitlement to Chapter 33 education benefits. In August 2014 the Veteran submitted an application for Chapter 30 benefits which, according to the March 2018 Statement of the Case (SOC), was granted in September 2014. Chapter 30 benefits payments were paid on the Veteran’s behalf for a training term beginning August 18, 2014 and a term beginning May 8, 2017. In February 2018 the Veteran submitted an application to elect Chapter 33 benefits in lieu of his Chapter 30 benefits. In March 2018 his application was denied. Public Law 111-377 states that active service that began August 1, 2011 or later cannot be credited towards Chapter 30 benefits and Chapter 33 benefits. The Veteran has a single period of active service from January 2013 to June 2014. As such, his Chapter 30 benefits were granted based on this service alone, which occurred after August 1, 2011. The Veteran contends in his March 2018 notice of disagreement that he meets the requirements to receive Chapter 33 benefits. The Board acknowledges the Veteran’s contention and notes that while he may meet the other requirements to receive Chapter 33 benefits his only eligible period of service has already been used to qualify him for Chapter 30 benefits and cannot be used as qualifying active service again. See Pub. L. No. 111-377. In addition, the Veteran contends in his March 2018 VA Form 9 that every single representative informed him that he would be able to switch from Chapter 30 benefits to Chapter 33 benefits and therefore he should be allowed to make the switch and that he made his Chapter 30 election based on this information. Thus, the Veteran appears to argue that he is entitled to eligibility for Chapter 33 education benefits on an equitable basis. While sympathetic to the Veteran, the Board is nonetheless bound by the law and has no authority to grant benefits on an equitable basis. See 38 U.S.C. § 503; see also Harvey v. Brown, 6 Vet. App. 416 (1994). The Board acknowledges the Veteran’s contention that he was informed by a representative that he could convert his Chapter 30 benefits to Chapter 33 benefits. However, VA cannot be bound to grant education benefits due to a VA employee misinforming the Veteran regarding eligibility. Eicher v. Shulkin, 29 Vet. App. 57 (2017). The fact that the Veteran may have been provided inaccurate information by VA employees and that he determinately relied upon this information, does not allow the Board to provide equitable relief. The Veteran has a single period of eligible active service from January 2013 to June 2014 and elected Chapter 30 benefits which have been paid. The Veteran does not contend, and the record does not show, that he did not intent to originally select Chapter 30 benefits. As such, as the Veteran does not have any other periods of active service to qualify him for Chapter 33 benefits the Veteran’s application for Chapter 33 benefits in lieu of Chapter 30 benefits is denied. See Pub. L. No. 111-377. M.E. Larkin Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD C. Biggins, Associate Counsel