Citation Nr: 21072825 Decision Date: 12/06/21 Archive Date: 12/06/21 DOCKET NO. 13-09 667 DATE: December 6, 2021 REMANDED Whether the debt in the amount of $16,456.60 for overpayment of education benefits under Chapter 30, Title 38, United States Code (known as the Montgomery GI Bill) benefits was properly created, is remanded. Entitlement to waiver of recovery of an overpayment of Chapter 30 benefits in the amount of $16,456.60, is remanded. REASONS FOR REMAND The Veteran served on active duty from June 1997 to May 2001. The case is on appeal from a September 2011 decision which determined that an overpayment in the amount of $16,456.60 for education benefits had been created. The case was most recently before the Board in June 2021. At the time, the Board remanded the present matter to the agency of original jurisdiction (AOJ) for additional development and adjudication. 1. Whether the debt in the amount of $16,456.60 for overpayment of education benefits under Chapter 30, Title 38, United States Code, (known as the Montgomery GI Bill or MGIB) benefits was properly created, is remanded. 2. Entitlement to waiver of recovery of an overpayment of MGIB benefits in the amount of $16,456.60 is remanded. These issues are remanded as there was not substantial compliance with the Board's last remand directives. In pertinent part, the Board's prior remand directed the RO to request and obtain from the Veteran a copy of her enrollment, transcripts and schedule, to include her professional objective at the Ivy Tech Community College of Indiana for the period from September 2010 to December 2010. Upon remand, a copy of her transcript was associated with the claims file in June 2021. It appears that the AOJ did not then have the opportunity to review it. The claims file shows that the AOJ prepared and issued her a decision, plus a separate supplemental statement of the case (SSOC), in August 2021 containing the basis for the decision on the waiver of overpayment issue. Yet, both decisions state that a transcript from Ivy Tech Community College of Indiana was not obtained. It is not clear why the decision say it was not obtained when the transcript is now archived in her claims file with a receipt date of June 2021. In either event, this discrepancy indicates that the AOJ did not have it available to review when it issued the August 2021 decision and SSOC. This calls into question whether the decision was based on all assembled and procurable information, which was essentially the reason for the Board's prior remand. As such, there was not substantial compliance with the prior remand, and further remand is needed. The matters are REMANDED for the following action: 1. After undertaking any preliminary development found needed, determine whether the Veteran's change in school and/or program leads to the same educational, professional or vocational objective,(i.e. Associate Degree) and does not involve material loss of credit, or increase in training time, or revision of a program which does not involve a change of objective or material loss of credit nor loss of time originally planned for completion of her program under Chapter 30 and in compliance with 38C.F.R. §21.4234(e). In doing so, the AOJ must consider all procured and assembled information, including the transcript from Ivy Tech Community College, plus the Veteran's assertions that for at least part of the school period in question: (1) she was certified as a full time student to receive VA education benefits under Chapter 30 at the Lincoln College of Technology: (2) that she failed to notify VA of her transition from the Lincoln College of Technology to the Ivy Tech Community of Indiana; (3)that her failure to notify of her transition was not in bad faith; and (4)that she partially used her education benefits to pay tuition and enrollment fees at the Ivy Tech Community of Indiana from September2010 to December 2010. If it is determined that the Veteran's change in program or place leads to the same educational, professional or vocational objective (i.e. Associate Degree) and does not involve material loss of credit, or increase in training time, proceed to recalculate the debt accordingly. 2. Then, forward the entire claims file to the COWC for consideration of the request for a waiver of overpayment on the merits. This must include consideration and discussion regarding the Veteran's statements received in April 2012 and in the VA Form 9 received in February 2013 describing her family's financial hardships. 3. If the benefits sought are not fully granted, the RO should issue a SSOC that addresses the issues set forth above. A copy of the SSOC must be mailed to the Veteran to the current mailing address of record and to her representative. The case should then be returned to the Board for further appellate review. Corey Bosely Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board William Pagan 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.