Citation Nr: 20021918 Decision Date: 03/27/20 Archive Date: 03/27/20 DOCKET NO. 13-25 692 DATE: March 27, 2020 ORDER Entitlement to VA educational assistance benefits under the Veterans Retraining Assistance Program (VRAP) is granted. FINDING OF FACT Although the Medaille College, where the Veteran sought and received a bachelor’s degree in Business Administration, is not a community college or technical school, the Veteran has met the basic eligibility requirements for VRAP benefits. CONCLUSION OF LAW The criteria for entitlement to VA educational assistance benefits under the VRAP have been met. 38 U.S.C. § 4100; Pub. L. No. 112-56, 125 Stat. 713, § 211 (Nov. 21, 2011). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from March 1987 to February 1989. The Veteran testified before a Decision Review Officer (DRO) at a hearing at the Agency of Original Jurisdiction (AOJ) in February 2015. He and his spouse also testified at the local Regional Office (RO) before the undersigned Veteran’s Law Judge (VLJ) at a Board hearing in May 2015. Copies of both hearing transcripts have been associated with the claims file. In August 2017, the Board denied the claim of entitlement to VA educational assistance benefits under the VRAP. The Veteran appealed the Board’s decision to the United States Court of Appeals for Veterans Claims (Court). In an October 2019 panel decision, the Court reversed and vacated the Board’s August 2017 denial of the claim on appeal. The Court remanded the matter to the Board for further consideration consistent with the October 2019 panel decision. The Veteran assets that he is entitled to VRAP benefits for his degree in Business Administration he received at Medaille College. The VRAP was established by Pub. L. 112-56, Title II, § 211, 125 Stat. 713. It is set forth as a note in 38 U.S.C. § 4100. The pertinent sections are as follows: (a) Program authorized. -- (1) In general. -- Not later than July 1, 2012, the Secretary of Veterans Affairs shall, in collaboration with the Secretary of Labor, establish and commence a program of retraining assistance for eligible veterans. (2) Number of eligible veterans. -- The number of unique eligible veterans who participate in the program established under paragraph (1) may not exceed -- (A) 45,000 during fiscal year 2012; and (B) 54,000 during the period beginning October 1, 2012, and ending March 31, 2014. (b) Retraining assistance. -- Except as provided by subsection (k) [establishing the VRAP program’s termination date as March 31, 2014], each veteran who participates in the program established under subsection (a)(1) shall be entitled to up to 12 months of retraining assistance provided by the Secretary of Veterans Affairs. Such retraining assistance may only be used by the veteran to pursue a program of education (as such term is defined in section 3452(b) of title 38, United States Code) for training, on a full-time basis, that - (1) is approved under chapter 36 of such title [38 U.S.C. § 3670 et seq.]; (2) is offered by a community college or technical school; (3) leads to an associate degree or a certificate (or other similar evidence of the completion of the program of education or training); (4) is designed to provide training for a high-demand occupation, as determined by the Commissioner of Labor Statistics; and (5) begins on or after July 1, 2012. (e) Eligibility. -- (1) In general. -- For purposes of this section, an eligible veteran is a veteran who-- (A) as of the date of the submittal of the application for assistance under this section, is at least 35 years of age but not more than 60 years of age; (B) was last discharged from active duty service in the Armed Forces under conditions other than dishonorable; (C) as of the date of the submittal of the application for assistance under this section, is unemployed; (D) as of the date of the submittal of the application for assistance under this section, is not eligible to receive educational assistance under chapter 30, 31, 32, 33, or 35 of title 38, United States Code [38 U.S.C. § 3001 et seq., 3100 et seq., 3201 et seq., 3301 et seq., or 3500 et seq., respectively], or chapter 1606 or 1607 of title 10, United States Code [10 U.S.C. § 16131 et seq. or 16161 et seq., respectively]; (E) is not in receipt of compensation for a service-connected disability rated totally disabling by reason of unemployability; (F) was not and is not enrolled in any Federal or State job training program at any time during the 180-day period ending on the date of the submittal of the application for assistance under this section; and (G) by not later than October 1, 2013, submits to the Secretary of Labor an application for assistance under this section containing such information and assurances as that Secretary may require. (2) Determination of eligibility. -- (A) Determination by Secretary of Labor. -- (i) In general. -- For each application for assistance under this section received by the Secretary of Labor from an applicant, the Secretary of Labor shall determine whether the applicant is eligible for such assistance under subparagraphs (A), (C), (F), and (G) of paragraph (1). (ii) Referral to Secretary of Veterans Affairs. -- If the Secretary of Labor determines under clause (i) that an applicant is eligible for assistance under this section, the Secretary of Labor shall forward the application of such applicant to the Secretary of Veterans Affairs in accordance with the terms of the agreement required by subsection (h). (B) Determination by Secretary of Veterans Affairs .-- For each application relating to an applicant received by the Secretary of Veterans Affairs under subparagraph (A)(ii), the Secretary of Veterans Affairs shall determine under subparagraphs (B), (D), and (E) of paragraph (1) whether such applicant is eligible for assistance under this section. As referenced in this section, 38 U.S.C. § 3452(b) defines the term “program of education” to mean any curriculum or any combination of unit courses or subjects pursued at an educational institution which is generally accepted as necessary to fulfill requirements for the attainment of a predetermined and identified educational, professional, or vocational objective. Such term also means any curriculum of unit courses or subjects pursued at an educational institution which fulfill requirements for the attainment of more than one predetermined and identified educational, professional, or vocational objective if all the objectives pursued are generally recognized as being reasonably related to a single career field. Such term also means any unit course or subject, or combination of courses or subjects, pursued by an eligible veteran at an educational institution, required by the Administrator of the Small Business Administration as a condition to obtaining financial assistance under the provisions of section 7(i)(1) of the Small Business Act (15z U.S.C. § 636(i)(1)). Such term also includes licensing or certification tests, the successful completion of which demonstrates an individual’s possession of the knowledge or skill required to enter into, maintain, or advance in employment in a predetermined and identified vocation or profession, provided such tests and the licensing or credentialing organizations or entities that offer such tests are approved by the Secretary in accordance with section 3689 of this title. Such term also includes any course, or combination of courses, offered by a qualified provider of entrepreneurship courses. Such term also includes national tests for admission to institutions of higher learning or graduate schools (such as the Scholastic Aptitude Test (SAT), Law School Admission Test (LSAT), Graduate Record Examination (GRE), and Graduate Management Admission Test (GMAT)), and national tests providing an opportunity for course credit at institutions of higher learning (such as the Advanced Placement (AP) examination and College-Level Examination Program (CLEP)). As noted in the Board’s August 2017 decision, it is not materially in dispute that the Veteran meets the threshold eligibility requirements for participation as set forth in section (e) of the VRAP. The Board also found that the Veteran’s chosen program of study, which the Veteran’s December 2012 application identified as a “BA of Business Admin. in Information Systems,” provided training for a high-demand occupation. See July 2012 Administrative decision (“Although you’re eligible for benefits under VRAP, the program of education that you met does not meet the VRAP criteria”); see also Pub. L. No. 112-56, 125 Stat. 713, § 211(e) (Nov. 21, 2011). However, the Board previously denied the Veteran’s claim due to the fact that the school for which the Veteran was seeking VRAP benefits, namely, Medaille College, was not a community college or technical school. Nonetheless, the Court, in essence, held in the October 2019 panel decision that the law creating the VRAP allowed the Veteran to use these benefits at this four-year college as the courses at issue is offered by a community college or technical school. The Court held that the Veteran did not need to take such courses at a community college or technical school. Thus, consistent with the Court’s October 2019 panel decision, the Board finds that although Medaille College is not a community college or technical school, the Veteran has met the basic eligibility requirements for VRAP benefits. Accordingly, the claim of entitlement to VA educational assistance benefits under the VRAP is granted. See 38 U.S.C. § 4100; Pub. L. No. 112-56, 125 Stat. 713, § 211 (Nov. 21, 2011). MICHAEL E. KILCOYNE Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. Hodzic, 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.