Citation Nr: 21077424 Decision Date: 12/29/21 Archive Date: 12/29/21 DOCKET NO. 17-62 371A DATE: December 29, 2021 REMANDED Entitlement to Dependents' Educational Assistance (DEA) under 38 U.S.C. Chapter 35 is remanded. REASONS FOR REMAND The Veteran served on active duty in the U.S. Navy from August 1993 to December 1997. The appellant, who is also a veteran, is the Veteran's spouse. This matter comes before the Board of Veterans' Appeals (Board) on appeal of an October 2017 decision by a U.S. Department of Veterans Affairs (VA) Regional Office (RO). That decision discontinued the appellant's eligibility under the DEA program based on a finding that the initial award was issued in error. In April 2021, the appellant testified at a Board hearing before the undersigned Veterans Law Judge, and a transcript is associated with the record. Entitlement to DEA is remanded. Under 38 C.F.R. § 21.4020(a)(4), the aggregate period for which any person may receive assistance under two or more of the following may not exceed 48 months (or the part-time equivalent): 38 U.S.C. chapters 30, 32, 33, 34, 35, and 36. Under 38 C.F.R. § 21.4020(b), no person may receive assistance under 38 U.S.C. chapter 31 in combination with any provisions of law listed in paragraph (a) of this section in excess of 48 months (or the part-time equivalent) unless the Department of Veterans Affairs determines that additional months of benefits under Chapter 31 are necessary to accomplish the purpose of the veteran's rehabilitation program. In the October 2017 decision and December 2017 statement of the case, the RO stated that the appellant used a total of 51 months and 10 days of her own education benefits under Chapters 30 (Montgomery GI Bill) and 31 (Veteran Readiness and Employment or VR&E) prior to October 1, 2013. See 38 U.S.C. § 3695(c) (effective October 1, 2013). The appellant asserts that she only used 44 months. In view of these contentions, the Board finds that a remand is required to obtain a detailed accounting/audit of how the amount of education benefits used by the appellant was calculated in this case. The Board also notes that in April 2021 VA reviewed a long-standing interpretation of the "48-month rule," 38 U.S.C. § 3695, and determined a more favorable interpretation of this law would help eligible veterans maximize their education benefits. Now, veterans who use VR&E benefits prior to using a VA education program, such as the Montgomery GI Bill, can still use up to 48 total months of the other educational assistance benefit programs. See www.benefits.va.gov/GIBILL/docs/ 48_Month_Rule_FAQs.pdf. Although the record suggests that the appellant used VR&E benefits after using her Montgomery GI Bill benefits, the RO should consider the new interpretation when readjudicating the appellant's claim. The matter is REMANDED for the following action: 1. Prepare an accounting regarding the appellant's use of Chapter 30 and Chapter 31 benefits, to include the dates upon which those benefits were used. The supporting evidence used for creating the accounting/audit with the audit report should be included in the record and a copy of the accounting should be provided to the appellant. 2. Then, readjudicate the issue on appeal in light of VA's change in policy regarding whether utilization of VR&E benefits will count against GI Bill education benefits when applying the 48-Month Rule. If the benefit sought on appeal is not granted to the appellant's satisfaction, send the appellant a supplemental statement of the case and provide an opportunity to respond. If necessary, return the case to the Board for further appellate review. VICTORIA MOSHIASHWILI Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Roya Bahrami, 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.