Citation Nr: 20022513 Decision Date: 04/01/20 Archive Date: 04/01/20 DOCKET NO. 16-19 122A DATE: April 1, 2020 REMANDED The claim of entitlement to an extension of the delimiting date beyond January 25, 2011, for VA educational assistance benefits under Chapter 30, Title 38, United States Code (Montgomery GI Bill), to include the threshold issue of whether the Veteran’s extension request was timely filed, is remanded. REASONS FOR REMAND The Veteran served on active duty from January 1997 to January 2001. This appeal to the Board of Veterans’ Appeals (Board) arose from a September 2014 determination by the Department of Veterans Affairs (VA) Regional Office (RO) that denied the Veteran’s request for an extension of the delimiting date for his Chapter 30 benefits. In August 2018, the Veteran testified at a Board video-conference hearing before the undersigned Veterans Law Judge; a transcript of that hearing is of record. The instant matter was previously before the Board in February 2019 at which time it was remanded for the agency of original jurisdiction (AOJ) to associate with the claims file certain documents referred to in a March 2016 statement of the case (SOC) that were that were not previously of record. The AOJ undertook to ensure that all relevant documents were associated with the claims file and the matter was thereafter returned to the Board. Unfortunately, the Board finds that the matter must again be remanded. At the outset, the Board notes that the Veteran’s eligibility to receive Chapter 30 educational assistance benefits is not at issue. Rather, the central issue in this appeal is whether an extension of the delimiting date is warranted. In this regard, the Board notes that, except under specified limited circumstances, VA will not provide basic educational assistance to a veteran or service member beyond 10 years of the date of the veteran’s last discharge or release from a period of active duty of 90 days or more of continuous service. 38 U.S.C. § 38 C.F.R. § 21.7050. In the instant case, the Veteran was discharged from service on January 24, 2001. Thus, as initially determined by the RO when entitlement to educational assistance benefits was established, the Veteran’s delimiting date was determined to be January 25, 2011. The evidence shows that the Veteran then used some of his Chapter 30 benefits for various programs of study and licensing or certification tests. On March 5, 2014, the Veteran filed a request for an extension of the delimiting for his Chapter 30 benefits. VA requested additional information from the Veteran via letter dated that same month and on April 28, 2014, VA received an additional extension request along with an “Extension of Ending Date Attachment,” wherein the Veteran reported that due to his service-connected posttraumatic stress disorder (PTSD), he had been unable to go to school or work during the period from January 24, 2001, to April 17, 2013. The RO then denied that Veteran’s request for an extension of the delimiting date for his Chapter 30 benefits because the medical evidence of record failed to show the exact dates that the Veteran was unable to attend school and because the Veteran had not submitted a doctor’s signed statement showing the starting and ending dates that he was prevented from attending school due to disability. Notably, the RO did not address whether the Veteran’s request for extension was timely received. (The Board notes that the March 2016 SOC similarly does not address the timeliness of the extension request.) In the regard, the Board points out that requests for an extended period of eligibility under Chapter 30 must be filed by the later of the following dates: One year from the date when the eligible individual’s original period of eligibility ended; or, one year from the date on which the eligible individual’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). An extension may also be granted when a claimant establishes good cause for an untimely request provided that claimant takes the required action concurrently with or before filing the request. 38 C.F.R. § 21.1033(e). Ultimately, the Board finds that before it can adjudicate the issue at hand, the matter must be remanded for the AOJ to address in the first instance whether the Veteran’s request for extension was timely. Indeed, it is clear that the request for extension was not received within one year from the date when his original period of eligibility ended. Thus, the question becomes whether it was received within one year from the date on which his claimed physical or mental disability no longer prevented him or her from beginning or resuming a chosen program of education, a question that has yet to be addressed by the AOJ. The matter is REMANDED for the following action: 1. Send to the Veteran and his attorney a letter informing the Veteran that there is a threshold question as to whether his request for an extension of the delimiting date for his Chapter 30 benefits was timely received, explaining to the Veteran the time limits for filing an extension request, and requesting that the Veteran provide evidence as to the date on which his claimed physical or mental disability no longer prevented him or her from beginning or resuming a chosen program of education. (Continued on the next page)   2. After a sufficient time for response has elapsed, adjudicate the issue on appeal, to specifically include rendering a determination as to whether the Veteran’s request for extension was timely filed. If it is determined that the request was indeed timely, then adjudicate whether an extension of the delimiting date for Chapter 30 benefits is warranted in this case. S. B. MAYS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board K. Neilson, 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.