Citation Nr: A21019133 Decision Date: 12/01/21 Archive Date: 12/01/21 DOCKET NO. 200512-109329 DATE: December 1, 2021 ORDER Having provided good cause, the Veteran's request for an extension of the delimiting date for educational assistance benefits under Chapter 33, Title 38, United States Code (known as the Post 9/11 GI Bill) is considered timely. FINDING OF FACT The Veteran has provided good cause for extending the time limit for filing a request for extension of his delimiting date for education benefits under Chapter 33. CONCLUSION OF LAW The Veteran's request for an extension of the delimiting date for educational assistance benefits under Chapter 33 is timely. 38 U.S.C. §§ 3031, 3321; 38 C.F.R. §§ 21.1033, 21.9530, 21.9535. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from May 2000 to June 2003. This matter comes before the Board of Veterans' Appeals (Board) on appeal of a September 2019 determination by the Department of Veterans Affairs (VA) Regional Office (RO) in Buffalo, New York, which denied the Veteran's request for an extension of his Post-9/11 GI Bill benefits because the request was not received within a year of the expiration of his benefits. In the May 2020 VA Form 10182, Decision Review Request: Board Appeal, the Veteran elected the Direct Review docket. Therefore, the Board may only consider the evidence of record at the time of the agency of original jurisdiction (AOJ) decision on appeal. 38 C.F.R. § 20.301. The file contains a December 2013 certificate of eligibility from VA addressed to the Veteran, which states that his eligibility expired on June 30, 2020. This letter was not submitted to VA for review during an applicable evidence window. The Veteran's educational folder is of record but appears to be incomplete as it does not contain the December 2013 letter. The Board finds that this document was within VA's constructive possession prior to September 2019 for purposes of evidence that may be considered. The December 2013 letter is relevant and reasonably related to the Veteran's request for an extension of the delimiting date for educational assistance benefits. See Euzebio v. Wilkie, 31 Vet. App. 394, 401 (2019). Timeliness of extension request Except as otherwise provided, a veteran's period of eligibility for Post 9/11 GI Bill educational assistance will terminate effective 15 years from the date of the last discharge or release from active duty of at least 90 continuous days, or 30 continuous days if the veteran is released for a service-connected disability. 38 C.F.R. § 21.9530. In this case, the Veteran's delimiting date was June 30, 2018, which is consistent with his June 2003 discharge date. He is seeking an extension. Pursuant to 38 C.F.R. § 21.9535(a), the period of eligibility can be extended if the Veteran "was prevented from initiating or completing the chosen program of education... because of physical or mental disability, that did not result from the veteran's willful misconduct" and he "applies for an extension within the time specified in 38 C.F.R. § 21.1033(c)." 38 C.F.R. § 21.9535(a). VA must receive a claim for an extended period of eligibility by the later of the following dates: (1) one year from the date on which a Veteran's original period of eligibility ended, or (2) one year from the date on which a Veteran's physical or mental disability no longer prevented him from beginning or resuming a chosen program of education. 38 C.F.R. § 21.1033(c). The time limit for filing requests for extension of the delimiting date of Chapter 33 benefits may be extended when a claimant establishes good cause for the untimely request. 38 C.F.R. § 21.1033(e). In this case, the Veteran asserts that he had good cause for failing to submit an extension request by June 30, 2019. He contends that VA informed him that his eligibility did not expire until June 30, 2020, which coincides with his separation date of his second period of service with the Naval Academy. He specified that when he called VA in June 2019 about his education benefits prior to his re-enrollment in college in July, the representative confirmed that his benefits did not expire until July 2020. He argues that had the representative provided accurate information, he could have timely filed a request for extension. In this case, the Veteran's assertion regarding the phone call is not documented in the record. However, the December 2013 certificate of eligibility states that the Veteran's eligibility expired on June 30, 2020. Therefore, the Board finds the Veteran's report to be credible. Moreover, the Veteran could have filed a timely extension request had he been informed that his eligibility actually expired on June 30, 2018. Because it was reasonable for him to rely on the VA representative's statements and the December 2013 certificate of eligibility, the Board finds that the Veteran has provided good cause for his failure to timely request an extension of the delimiting date of his Chapter 33 benefits. Therefore, his request for extension is considered timely, and the AOJ must determine whether the Veteran's period of eligibility may be extended pursuant to 38 C.F.R. § 21.9535(a). Rebecca N. Poulson 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.