Citation Nr: 21022151 Decision Date: 04/14/21 Archive Date: 04/14/21 DOCKET NO. 19-01 349 DATE: April 14, 2021 ORDER Entitlement to payment or reimbursement of additional expenses paid or incurred in connection with the Veteran’s retroactive induction into the Chapter 31 vocational rehabilitation and employment (VR&E) program is denied. FINDINGS OF FACT 1. In January 2016, the Veteran was granted retroactive induction into the Chapter 31 vocational rehabilitation training program; as a result of that decision, he was reimbursed a total of $63,714.22 for tuition, supplies, books, travel expenses, and subsistence for the period from 2001 to 2003. 2. The Veteran has not provided evidence, including any receipts or other documentation, clearly identifying, with specificity, any additional expenses for which he may be reimbursed under applicable law in connection with his retroactive induction into the Chapter 31 vocational rehabilitation training program. CONCLUSION OF LAW The criteria for payment or reimbursement of additional expenses incurred in connection with the Veteran’s participation in an education program based on his retroactive induction have not been met. 38 U.S.C. § 5107; 38 C.F.R. § 21.282. REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran served on active duty in the U.S. Marine Corps from June 1964 to June 1967. His decorations include the Vietnam Service Medal and the Combat Action Ribbon. This matter comes to the Board of Veterans’ Appeals (Board) on appeal from a September 2018 determination by the Vocational Rehabilitation and Employment Division of the Department of Veterans Affairs (VA) Regional Office in Reno, Nevada. Entitlement to payment or reimbursement of additional expenses paid or incurred in connection with the Veteran's retroactive induction into the Chapter 31 VR&E program. The Veteran seeks payment or reimbursement of additional expenses incurred in connection with his retroactive induction into the Chapter 31 VR&E program, based on attending an education program at Fielding Graduate University from February 2001 to September 2003. By way of history, the Veteran was informed in an October 2003 letter that based on evidence showing that he had been laid off from private sector employment, VR&E benefits were established effective September 5, 2003; the date that employment ended. He was awarded benefits to be used in pursuit of a Ph.D. program. The Veteran appealed, asserting that he should receive retroactive induction from February 2001, the date of his initial claim and the effective date of his 60 percent combined disability rating. The matter of retroactive induction was the subject of multiple adjudications by both the Board and the United States Court of Appeals for Veterans Claims. Ultimately, in January 2016 the agency of original jurisdiction (AOJ) approved retroactive induction effective September 1, 2001. In doing so, the AOJ approved payment or reimbursement for tuition, supplies, books, travel expenses, and subsistence for the period from 2001 to 2003. The total amount reimbursed was $63,714.22. The Veteran did not appeal that decision. Thereafter, the Veteran filed a claim for additional payment or reimbursement related to his retroactive induction in the amount of $25,046.69. The claim was denied, and the present appeal ensued. Vocational rehabilitation services are intended to enable Veterans with service-connected disabilities to achieve maximum independence in daily living and, to the maximum extent feasible, to become employable and to obtain and maintain suitable employment. 38 U.S.C. § 3100; 38 C.F.R. §§ 21.1, 21.70. Pursuant to 38 C.F.R. § 21.282(b), an individual may be inducted into a rehabilitation program on a retroactive basis. If the individual is retroactively inducted, as was the case here, VA may authorize payment pursuant to § 21.262 or § 21.264 for tuition, fees, “and other verifiable expenses that an individual paid or incurred consistent with the approved rehabilitation program.” Id. In this case, the Veteran has acknowledged that he was reimbursed retroactively for tuition, fees, and other verifiable expenses in the correct amount of $63,714.22. See December 2018 VA Form 9. What he asserts presently is that he is entitled to an additional $25,046.69 as a result of financial hardships he experienced while the appeal for retroactive induction was pending. See August 2018 correspondence; October 2018 VA Form 21-0958; December 2018 VA Form 9. He has also referred to the requested payment as a “cost of living adjustment.” See October 2018 VA Form 21-0958. In arriving at the additional amount owed, the Veteran stated he used the U.S. Bureau of Labor Statistics’ consumer price index (CPI) as a mathematical way to determine what VA owed him. See December 2018 VA Form 9. The Veteran has not provided evidence, including any receipts or other documentation, clearly identifying, with specificity, any additional expenses for which he may be reimbursed under applicable law in connection with his retroactive induction into the Chapter 31 vocational rehabilitation training program. Rather, he has stated only that he underwent financial hardships, including taking out student loans, during the 15 years that his appeal for retroactive induction was pending; submitted a copy of the CPI chart; and indicated that he arrived at the claimed amount based on his interpretation of the chart, with an attached spreadsheet reflecting his calculations. As noted, VA has already reimbursed the Veteran for tuition, supplies, books, travel expenses, and subsistence for the period from 2001 to 2003. Critically, he has acknowledged that the reimbursement for those items was in the correct amount. In the Board’s view, the additional payment he now seeks, based on the time-adjusted value of the retroactive payment he received, is not in the nature of a “verifiable expense” he “paid or incurred” in connection with his program, as contemplated by the governing regulation, and is not authorized by law. Absent any evidence, including any receipts or other documentation, clearly identifying, with specificity, additional expenses the Veteran actually paid or incurred in connection with his retroactive induction into the Chapter 31 vocational rehabilitation training program, the Board must find that the preponderance of the evidence is against his claim. 38 C.F.R. § 21.282. As the preponderance of the evidence is against the claim, the benefit of the doubt doctrine does not apply. 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102; Gilbert v. Derwinski, 1 Vet. App. 49 (1990). The appeal is denied. DAVID A. BRENNINGMEYER Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board R. Kettler, Associate 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.