Citation Nr: 21023720 Decision Date: 04/21/21 Archive Date: 04/21/21 DOCKET NO. 18-53 024A DATE: April 21, 2021 REMANDED Entitlement to education benefits in excess of the 90 percent level under Chapter 33 of Title 38, United States Code (Chapter 33 or Post-9/11 GI Bill) is remanded. REASONS FOR REMAND The Veteran asserts that he is entitled to Chapter 33 education benefits at the 100 percent benefit rate. Prior to August 9, 2018 the Veteran received Chapter 33 benefits at the 100 percent rate. In October 2018 the Department of Veterans Affairs (VA) Regional Office (RO) wrote to the Veteran informing him that the 100 percent rate had been assigned in error and informed him that he was now only entitled to the 90 percent rate. The Veteran appealed. He maintains that he is entitled to the 100 percent rate. Remand is required because relevant documentation regarding whether certain periods of the Veteran’s active service were qualifying for Chapter 33 education benefits has not been obtained and considered. The Veteran was originally awarded Chapter 33 benefits at the 100 percent rate on the basis that his qualifying periods of active duty were from May 22, 2006 to September 30, 2007, from October 1, 2007 to September 30, 2008, and from March 1, 2011 to November 30, 2011. VA determined that these periods of service totaled more than 36 months of qualifying service which entitled to the Veteran to the 100 percent rate. The October 2018 determination letter on appeal informed the Veteran that the Coast Guard Reserve had corrected his dates of qualifying service and that the Veteran’s total qualifying service had actually been less than 36 months, and thus the Veteran is only entitled to educational benefits at the 90 percent rate. The October 2018 letter states that the Veteran’s only periods of qualifying service were from May 24, 2005 to July 15, 2005, from May 22, 2006 to August 4, 2006, from May 1, 2007 to September 30, 2007, from October 1, 207 to August 23, 2008, and from May 1, 2011 to December 30, 2011. The RO determined that based on the newly provided information that the Veteran had less than 36 months of qualifying active duty and therefore was only entitled to educational benefits at the 90 percent rate. The Post-9/11 GI Bill provides for VA educational assistance for members of the Armed Forces based on active duty service after September 10, 2001. For members of the regular components of the Armed Forces, qualifying active duty service is full-time duty other than active duty for training. 38 U.S.C. § 3301 (1)(A). For members of the reserve components of the Armed Forces, qualifying active duty includes service on active duty under a call or order to active duty under 10 U.S.C. §§ 688, 12301(a), 12301(d), 12301(g), 12301(h), 12302, or 12304 or 14 U.S.C. § 712. 38 U.S.C. § 3301(1)(B). As the Veteran was a member of the Coast Guard Reserve, only certain types of his active duty are considered qualifying periods of active duty for calculating Chapter 33 educational benefits. The record does not contain sufficient information to determine which periods of the Veteran’s active duty were qualifying for determining the percentage rate for Chapter 33 benefits under 38 U.S.C. § 3301(1)(B). All of the Veteran’s duty orders for his periods of active service must be obtained and associated with the record so that his qualifying periods of active duty may be verified. The matters are REMANDED for the following action: 1. Obtain the Veteran’s service personnel records and associate them with the claims file. 2. Verify that the Veteran’s duty orders for all of his periods of active service are contained in his service personnel file. If such duty orders are not contained in the file, take any steps necessary to obtain these documents. If such documents are unavailable such should be noted in the claims file. 3. When the above action has been accomplished readjudicate the Veteran’s claim and issue a supplemental statement of the case if appropriate. G. A. WASIK Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board R. E. Jones, 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.