Citation Nr: 21013939 Decision Date: 03/10/21 Archive Date: 03/10/21 DOCKET NO. 16-35 768A DATE: March 10, 2021 REMANDED Entitlement to a refund of contributions made to the Post-Vietnam Era Veterans’ Educational Assistance Program (VEAP) under 38 U.S.C. Chapter 32 is remanded. (A separate decision under a separate docket number will be issued with respect to the issues of entitlement to a compensable evaluation for migraine headaches, entitlement to a compensable evaluation for hypertension, and entitlement to a total disability evaluation based on individual unemployability due to service-connected disabilities.) REASONS FOR REMAND The Veteran served on active duty in the U.S. Army from September 1981 to September 1985 and from May 1989 to May 2012. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a December 2015 decision by the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified before the undersigned Veterans Law Judge at a January 2021 virtual hearing. A transcript of this hearing is of record. 1. Entitlement to a refund of contributions made to VEAP under 38 U.S.C. Chapter 32 is remanded. The Veteran is seeking a refund of his contributions to VEAP in the amount of $8,100.00. In a December 2015 decisional letter, the RO denied the Veteran’s request for a refund, finding that the Veteran had already been refunded his remaining contributions to VEAP. The RO indicated that the Veteran had used his VEAP contributions from January 5, 1987 to May 20, 1987 and had received a refund in the amount of $2,323.50 on April 6, 2001. The Veteran disputes that he had requested a refund of his contributions to VEAP in 2001. The Veteran asserts he never submitted an application to request a refund of his VEAP contribution at that time. Notably, the record does not include an Application for Refund of Educational Contributions (VA Form 22-5281) from the Veteran prior to his June 2015 application for a refund. Furthermore, the Veteran contends that after he had used some of his VEAP contributions, he made additional contributions to VEAP. In support of his claim, the Veteran submitted a leave and earnings statement for the period from October 1, 1991 to October 31, 1991. That statement indicates that the Veteran had VEAP benefits worth $8,100.00 as of September 1991. There is no evidence in the record that the Veteran used his VEAP benefits after September 1991. Finally, the Veteran has explained that he served on active duty under two different Social Security Numbers (SSNs). During his first period of active duty service from 1981 to 1985, the Veteran said that he was assigned his father’s SSN. When he re-entered active duty service in 1989, the Veteran was using his correct SSN. Nevertheless, the Veteran’s claims file includes records, including relevant education records, attributed to both SSNs. Given the Veteran’s assertions and the discrepancy in the record regarding the history of the Veteran’s VEAP account, the Board finds that a remand is required to request additional documentation. On remand, the RO should contact official sources to request payroll records showing contributions and any refunds associated with the Veteran’s VEAP account for the periods beginning from January 1987 and ending on December 2001. The RO should request payroll records under both SSNs assigned to the Veteran (his father’s and his own). The matter is REMANDED for the following actions: 1. Perform the necessary steps to locate the Veteran’s Application for Refund of Educational Contributions (VA Form 22-5281) associated with the April 6, 2001 refund, and all outstanding documentation related to the Veteran’s use of entitlement under Chapter 32. A search should be conducted under the two Social Security Numbers assigned to the Veteran (his father’s and his own) as reflected on the DD Form 214s from his two periods of active duty service. All attempts to locate these records should be documented in the claims file. (Continued on the next page)   2. Contact the appropriate official source, including the Defense Finance and Accounting Service (DFAS), and request copies of the Veteran’s leave and earning statements, and any other payroll records or other documentation, from January 1987 through December 2001 that could provide information concerning VEAP contributions and any refunds provided to the Veteran. A search should be conducted under the two Social Security Numbers assigned to the Veteran (his father’s and his own) as reflected on the DD Form 214s from his two periods of active duty service. All attempts to locate these records should be documented in the claims file. A. ISHIZAWAR Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Journet Shaw, 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.