Citation Nr: 21027523
Decision Date: 05/06/21	Archive Date: 05/05/21

DOCKET NO. 18-38 395A
DATE: May 6, 2021

REMANDED

Entitlement to a higher than 70 percent level of educational assistance benefits under 38 U.S.C. Chapter 33 (Post-9/11 GI Bill) is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the U.S. Army from March 2000 to March 2003.  

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a January 2018 decision by the Department of Veterans Affairs (VA) Regional Office (RO).

The Veteran testified before the undersigned Veterans Law Judge at a February 2021 Virtual hearing.  A transcript of this hearing is of record.

1. Entitlement to a higher than 70 percent level of educational assistance benefits under the Post-9/11 GI Bill is remanded.

The Veteran asserts that he is entitled to payment of Post-9/11 GI Bill benefits at the 100 percent rate, because he was honorably discharged due to a service-connected disability.  His currently available DD Form 214 shows that he was honorably discharged in March 2003.  However, the narrative reason for separation was listed as "Disability, Existed Prior to Service."  Prior to his discharge, a January 2003 Physical Evaluation Board (PEB) Proceedings found that the Veteran's diagnosis for bipolar disorder existed prior to service, he was assigned a noncompensable rating, and the PEB recommended that his retirement was not due to a disability incurred in the line of duty.  The Veteran applied to have his disability rating changed.  In September 2016, the Physical Disability Board of Review (PDBR) recommended that the Veteran receive a 10 percent disability rating for his bipolar disorder.  In December 2016, the Department of the Army decided that the Veteran's disability rating should be modified based on the PDBR findings; however, it would not result in any change to his separation document.  

In May 2018, VA requested that the Department of Defense (DOD) verify the Veteran's character of service and separation reason.  In its June 2018 response, the DOD indicated that there was "[n]o DD 214 in [servicemember's] record to verify [d]isability."  The record does not include any indication that VA provided the DOD with the required DD Form 214 to review, and then, to seek another response to its original request.  

At the February 2021 Board hearing, the Veteran testified that he had received an updated DD Form 214 following the initial denial of his claim for a higher level of Post-9/11 GI Bill benefits.  Following the hearing, the Veteran was provided an opportunity to provide any additional documentation in his possession, however, the record does not include an updated or revised DD Form 214.  

Because the record may be missing relevant information which could substantiate the Veteran's claim, a remand is required to provide the Veteran another opportunity to submit his copy of the updated DD Form 214.  To the extent that the DD Form 214 did not change the reason for his separation, the RO should ask the DOD to verify the Veteran's character of service and reason for separation.  

The matter is REMANDED for the following actions:

1. Contact the Veteran and ask him to provide a copy of his updated DD Form 214 in his possession.  

2. If and only if the Veteran's DD Form 214 has not been changed, then, the RO should contact the DOD to verify the Veteran's character of service and reason for separation.  Document all responses and associate them with the record.  

 

 

LAURA E. COLLINS

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.