Citation Nr: 21069817 Decision Date: 11/19/21 Archive Date: 11/19/21 DOCKET NO. 17-63 954 DATE: November 19, 2021 REMANDED Whether an overpayment of education benefits under Chapter 1606 of Title 10 of the United States Code, Montgomery GI Bill for Selected Reserves (MGIB-SR), in the amount of $1402.20, is a valid debt is remanded for additional development. REASONS FOR REMAND The Veteran served on active duty from October 2013 to May 2014. This matter comes to the Board of Veterans' Appeals (Board) on appeal from a determination letter by the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran contends that the overpayment of education benefits was as a result of issues with the Texas State University staff reporting inaccurate adjustments to VA and causing Veterans to "double dip" for benefits, despite his submission of both the Armed Forces tuition assistance and GI bill to his school for the semester. The Veteran stated that he was told this on a recorded phone conversation. The Veteran argues that the school's staff committed fraudulent actions of which he was unaware, and he should not be responsible for the debt due to the school's unethical behavior. A November 2017 email by VA notes that they were unable to upload an audio file to the claims folder and despite a reference number, no transcript of the audio file was associated with the claims folder. Additionally, an August 2017 VA Form 22-1999b Notice of Change in Student Status for Chapter 1606 notes that the Veteran received Federal Tuition Assistance for the Spring 2017 term but does not detail whether it was Armed Forces or VA tuition assistance. Finally, the Board notes that no development was undertaken to address the Veteran's contentions, to include obtaining any supporting statements from Texas State University showing that there were errors made in reporting adjustments. Accordingly, a remand is warranted. The matter is REMANDED for the following actions: 1. Associate the determination letter notifying the Veteran that his entitlement to education benefits has changed, as referenced in the August 2017 demand letter from the Debt Management Center, and the evidence the Veteran submitted, including a transcript of the audio file referenced in the November 2017 email. If the requested evidence is unavailable, the RO should notify the appellant and ask him to re-submit this evidence. The Veteran should be provided an appropriate amount of time to submit this evidence. If the requested records are unavailable, the claims file should be annotated as such and the Veteran notified of such. 2. Contact Texas State University and attempt to obtain any supporting documentation showing whether the Veteran was issued Armed Forces tuition assistance payments in additional to Chapter 1606 benefits. Obtain statements and supporting documentation from Texas State University staff addressing the Veteran's contentions that there were inaccurate adjustments to VA and causing Veterans to "double dip" for benefits. All attempts to obtain this information should be documented in the record and the full name and title of any person contacted should be set forth in full detail. Associate this accounting with the electronic claims file as well as provide a copy of this accounting to the Veteran. S.C. Krembs Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. Bilstein, 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.