Citation Nr: 20005357 Decision Date: 01/22/20 Archive Date: 01/22/20 DOCKET NO. 09-46 842A DATE: January 22, 2020 ORDER Entitlement to payment of VA educational assistance benefits under Chapter 1606, Title 10, United States Code (Montgomery GI Bill-Selected Reserve (MGIB-SR) Educational Assistance Program), is denied. FINDING OF FACT The Veteran’s claim for educational benefits was received on February 8, 2008, her delimiting date passed prior to that date. CONCLUSION OF LAW The criteria for entitlement to payment of VA educational assistance benefits under Chapter 1606, Title 10, United States Code MGIB-SR Educational Assistance Program) have not been met. 10 U.S.C. Chapter 1606 (2012); 38 C.F.R. §§ 21.1033, 21.7530, 21.7540, 21.7550 (2018). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served in the Air Force Reserves from March 1985 to September 1997. This included a period of active duty service from August 1987 to November 1992. The Veteran’s claim was remanded by the Board in June 2011, October 2012, April 2016 and August 2017. As explained below the evidence that has been obtained is sufficient to decide the Veteran’s claim and any additional development could be of no possible benefit to the Veteran. This is because even if additional active duty periods were discovered, it would not permit extension of the delimiting date to 2008, the date of the Veteran’s claim. Accordingly, the Board finds that the RO has substantially complied with the prior Board remands. See D'Aries v. Peake, 22 Vet. App. 97 (2008). The Veteran seeks educational assistance under the provisions of the MGIB-SR (Chapter 1606, Title 10, United States Code). Her claim for Chapter 1606 educational benefits was received on February 8, 2008. At her May 2013 hearing, the Veteran testified that she thought that she had applied for educational benefits within her eligibility period. The Veteran became eligible for Chapter 1606 educational benefits on September 24, 1991, when she reenlisted in the Air Force Reserve for a period of six years. See 38 C.F.R. § 21.7540(a)(1)(i). Because the Veteran became eligible for educational assistance prior to October 1, 1992, her period of eligibility expired 10 years from the beginning date, or the date she separated from the Selective Reserve, whichever occurred first. See 38 C.F.R. § 21.7550(a)(1). Although the Department of Defense (DoD) records show that the Veteran was separated from service on September 30, 1997, and normally her eligibility would have ended on September 30, 1997, due to deactivation of her unit, she retained the entire 10-year eligibility. See 38 C.F.R. § 21.7550(e). Consequently, her period of eligibility for Chapter 1606 educational benefits expired on September 24, 2001, which was 10 years from her September 24, 1991 eligibility date. The Board has considered whether the there is any law or regulation that would permit extending the Veteran’s delimiting date beyond the September 24, 2001, and up to her February 8, 2008 date of claim. Eligibility may be extended if the individual was prevented from initiating or completing the chosen program of education within the otherwise applicable eligibility period, because of a physical or mental disability which was incurred in or aggravated by service in the Selected Reserve. 38 C.F.R. § 21.7551. The Veteran, however, has no service-connected disabilities and that the record contains no medical evidence indicating that it was medically infeasible for her to pursue a program of education at any time during her eligibility period. Consequently, she is not entitled to an extension of her delimiting date under this regulation. A period of eligibility will also be extended if during the period of eligibility, the reservist serves on active duty pursuant to an order to active duty issued under Title 10, section 12301(a), 12301(d), 12301(g), 12302, or 12304. 38 C.F.R. § 21.7550(b). The period of the active duty plus four months shall not be considered in determining the time limit on eligibility. 38 C.F.R. § 21.7550(b). The Veteran did serve on active duty during her period of eligibility which began on September 24, 1991. Her DD-214 shows that she was on active duty from August 25, 1987 to November 25, 1992. Consequently, from September 24, 1991 (her beginning date of eligibility) to November 25, 1992, the Veteran had 15 months of active duty service. If this active duty service were considered to meet the criteria of 38 C.F.R. § 21.7550(b), this would entitle the Veteran to an extension of her delimiting date by 19 months. Adding 19 months to the Veteran’s September 24, 2001 delimiting date, however, would not benefit the Veteran because her claim was not received until February 8, 2008, more than seven years after the September 24, 2001 delimiting date. The record does not show, and the Veteran has not asserted, that she had any additional periods of active service subsequent to November 25, 1992. Furthermore, even if she had been on active duty the entire six-year period between September 24, 1991, and her discharge from the reserves on September 30, 1997, that would not have extended her delimiting date to February 8, 2008. Accordingly, the payment of VA educational assistance benefits under Chapter 1606, Title 10, United States Code is denied. K. MILLIKAN Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board R. E. Jones, Counsel The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.