Citation Nr: 20023945 Decision Date: 04/07/20 Archive Date: 04/07/20 DOCKET NO. 17-16 533 DATE: April 7, 2020 REMANDED The matter of the validity of an overpayment under Chapter 33, Title 38, United States Code (Post-9/11 GI Bill) in the calculated amount of $10,387.40 is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Marine Corps from November 2003 to November 2007. This matter comes to the Board of Veterans’ Appeals (Board) on appeal from a September 2016 determination by the Department of Veterans Affairs (VA) Regional Office (RO) in Muskogee, Oklahoma. The RO found that the Veteran had been overpaid Chapter 33 (Post-9/11 GI Bill) education benefits in the calculated amount of $10,387.40. In April 2019, the Board remanded the Veteran’s claim in order to provide him the opportunity to provide a statement detailing the medical disability (i.e., mitigating circumstances) he contends were the basis for his leave of absence from his program of education in September 2016. Although such a letter requesting this information was mailed to the Veteran, it was returned as undeliverable. Furthermore, in October 2019 the RO issued a supplemental statement of the case (SSOC) to the same address and it was also returned as undeliverable. No attempt was made to determine the Veteran’s current address and resend the development letter to him. In order to meet the duty to assist the Board must again remand the Veteran’s claim to the RO in order that the RO can determine the Veteran’s current address and issue him the required letter as specified by the April 2019 Board remand decision. See Stegall v. West, 11 Vet. App. 268 (1998). The matters are REMANDED for the following action: 1. On his February 2017 notice of disagreement, the Veteran reported that he was disagreeing with an October 20, 2016 decision letter. A copy is not currently contained in the file. The RO should obtain and upload into the Veteran’s file a copy of the notice the RO sent to the Veteran informing him of the overpayment. 2. With the assistance of his representative, the RO must attempt to verify the Veteran’s current address and update the Veteran’s contact information in VBMS. 3. After completing the above, send a letter to the Veteran’s current address requesting that the Veteran provide a statement detailing the medical disability (i.e., mitigating circumstances) he has contended were the basis for his leave of absence from his program of education in September 2016. A reasonable period of time to respond to this request should be provided. 4. The Veteran should be sent a copy of the April 16, 2019 Board decision and a copy of the October 22, 2019 supplemental statement of the case. 5. After completing the above, and any other development as may be indicated by any response received as a consequence of the actions taken in the preceding paragraph, the Veteran’s claim should be readjudicated based on the entirety of the evidence. In so doing specific consideration should be given to whether the Veteran’s leave of absence constituted a withdrawal from the approved program of education in question, whether he returned to his program of education following his initial leave of absence in September 2016, and whether there were mitigating circumstances for his leave of absence. If the benefit sought remains denied, the appellant and his representative should be issued a supplemental statement of the case. G. A. WASIK 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.