Citation Nr: 19125083 Decision Date: 04/03/19 Archive Date: 04/03/19 DOCKET NO. 15-30 894A DATE: April 3, 2019 ORDER An extension of the delimiting date under the Montgomery GI Bill is granted, subject to laws and regulations governing the payment of monetary benefits. FINDINGS OF FACT 1. The Veteran’s basic delimiting period for receiving Montgomery GI Bill (Chapter 30) educational benefits expired on August 27, 2006, ten years from the date of his separation from active service. 2. The evidence tends to show that the Veteran was prevented from pursuing a program of education until November 2013, because of mental disability not the result of his own willful misconduct. 3. The Veteran’s application for an extension of the delimiting date for his educational benefits was received in September 2014, less than one year after he became able to initiate a program of education in November 2013. CONCLUSION OF LAW The criteria for entitlement to an extension of the delimiting date for educational assistance have been met. 38 U.S.C. §§ 501, 3011, 3031 (2012); 38 C.F.R. §§ 3.102, 21.7050, 21.7051 (2018). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the United States Army from August 1993 to August 1996. This matter is before the Board of Veterans’ Appeals (Board) on appeal from a September 2014 determination by the Department of Veterans Affairs (VA) Regional Office in Muskogee, Oklahoma. The Veteran testified before the undersigned Veterans Law Judge at a videoconference Board hearing in November 2018. A transcript of that hearing has been associated with the record. The Veteran seeks an extension of his August 2006 delimiting date for educational assistance under the Montgomery GI Bill (MGIB). In general, educational assistance or supplemental educational assistance under the MGIB, Chapter 30 of Title 38, United States Code will not be provided to a veteran beyond ten years from the date of his or her last discharge or release from a period of active duty of 90 days or more of continuous service. 38 U.S.C. § 3031(a); 38 C.F.R. § 21.7050(a). However, provided that the claimant timely applies for an extension of the ten-year delimiting period, such an extension may be granted, in relevant part, if the evidence shows that the claimant was prevented from initiating or completing his or her chosen program of education within the otherwise applicable eligibility period because of a physical or mental disability that did not result from their willful misconduct. 38 C.F.R. § 21.7051(a). To this end, it must be clearly established by medical evidence that a program of education was medically infeasible. Id. If such is established, then the delimitating date will be extended in accordance with the provisions of 38 C.F.R. § 21.7051(c) for the length of time that the individual was prevented from initiating or completing the chosen program of education. VA must receive a claim for an extended period of eligibility by the later of the following dates: (1) one year from the date on which a veteran’s original period of eligibility ended, or (2) one year from the date on which a veteran’s physical or mental disability no longer prevented him or her from beginning or resuming a chosen program of education. 38 C.F.R. § 21.1033(c). In adjudicating a claim for VA benefits, VA is responsible for determining whether the evidence supports the claim or is in relative equipoise, with the veteran prevailing in either event, or whether a preponderance of the evidence is against the claim, in which case the claim is denied. 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102; Gilbert v. Derwinski, 1 Vet. App. 49, 53-56 (1990). Here, the Veteran’s DD Form 214 reflects that he was discharged from active duty in August 1996; there is no evidence that he had any active duty service after that date. Thus, his 10-year period of eligibility expired on August 27, 2006. In September 2014, the Veteran applied for an extension of his delimiting date. In his application, he acknowledged that his delimiting date had passed. However, he asserted that he had been unable to utilize his MGIB benefits in a timely manner. He described experiencing posttraumatic stress disorder (PTSD) and depression, as well as a severe drug addiction. In July 2012, he entered a treatment program to address these issues. The record shows that the Veteran successfully graduated from that program on November 8, 2013. Since graduation, the Veteran has earned a Bachelor’s degree and is working towards a Master’s degree in social work to further his current employment, which is facilitating rehabilitation of veterans with co-existing mental health and substance abuse disorders. The Board also notes that the Veteran was granted service connection for PTSD in a June 2015 rating decision with an initial 70 percent evaluation, effective January 16, 2015. Based on the foregoing, the Board finds that the Veteran is entitled to an extension of the delimiting date for his education assistance benefits. The Veteran has provided evidence that he was prevented from pursuing a program of education due to PTSD, and that, following successful completion of a treatment program in November 2013. The Board finds that after this November 2013 date, he was thereafter able to successfully pursue his education. Thereafter, the Board finds that the Veteran’s claim for an extension of the delimiting date was timely filed, as it was received in September 2014, well within one year from the date on which his mental disability no longer prevented him from beginning or resuming a chosen program of education. 38 C.F.R. § 21.1033(c). After resolving all reasonable doubt in the Veteran’s favor, the Board finds that the he is entitled to an extension of the delimiting date for educational assistance. 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102. Paul Sorisio Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Jeremy J. Olsen, Counsel