Citation Nr: 21030347 Decision Date: 05/18/21 Archive Date: 05/18/21 DOCKET NO. 19-25 641 DATE: May 18, 2021 ORDER As the Veteran's request for waiver of recovery of an overpayment of educational assistance benefits under Chapter 33, Title 38, United States Code (Post-9/11 GI Bill) in the total initial amount of $27,377.62 was not timely filed, the appeal must be denied. FINDINGS OF FACT 1. On September 17, 2016, the Department of Veterans Affairs (VA) Debt Management Center (DMC) mailed correspondence to the Veteran, notifying him that debts resulting from overpayment of Chapter 33 educational assistance benefits had been created; the letters included information regarding his right to dispute the debt and to request a waiver. 2. The Veteran's request for waiver of recovery of the overpayment of VA educational assistance benefits in question was received on September 7, 2017, more than 180 days after the September 17, 2016, correspondence. CONCLUSION OF LAW A timely request for waiver of recovery of overpayment of Chapter 33 educational assistance benefits was not received. 38 U.S.C. § 5302(a); 38 C.F.R. § 1.963(b). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from October 2008 to July 2013. This matter comes to the Board of Veterans' Appeals (Board) on appeal from October 2017 decisions issued by the VA DMC in Fort Snelling, Minnesota. The DMC determined that the Veteran's request for a waiver of indebtedness in the initial amounts of $1,399.93 (book and supplies) $5,800.49 (tuition and fees), and $20,177.20 (monthly housing allowance) was untimely. Timeliness of Waiver Request A request for waiver of indebtedness must be made within 180 days following the date of a notice of indebtedness, for notices issued on or after April 1, 1983. 38 C.F.R. § 1.963. The 180-day period may be extended if the individual requesting waiver demonstrated to the Chairperson of the Committee on Waivers and Compromises (COWC) that, as a result of an error by either VA or the postal authorities, or due to other circumstances beyond the debtor's control, there was a delay in such individual's receipt of the notification of indebtedness beyond the time customarily required for mailing (including forwarding). Id. If the requester does substantiate that there was such a delay in the receipt of the notice of indebtedness, the Chairperson shall direct that the 180-day period be computed from the date of the requester's actual receipt of the notice of indebtedness. Id. A review of the record shows that, via letter dated August 15, 2016, the Veteran was informed that results of a compliance survey showed that the Veteran was originally enrolled in a Yale New Haven Sponsor Hospital Program for the period from September 3, 2015, through May 17, 2017, but that he had withdrawn from that program effective December 21, 2015. The Veteran was notified that due to the change in enrollment status, he had been paid more in Chapter 33 education assistance benefits than he was entitled to and that the overpayment had resulted in a total debt amount of $27,377.62. Via letters dated September 17, 2016, the DMC informed the Veteran that due to a change in his entitlement to Chapter 33 educational assistance benefits, he was overpaid in the amounts of $1,399.93 (book and supplies) $5,800.49 (tuition and fees), and $20,177.20 (monthly housing allowance). On September 7, 2017, VA received from the Veteran correspondence in which he requested a waiver of recovery of the debt resulting from the overpayment of Chapter 33 educational assistance benefits. The Veteran explained that, due to unforeseen circumstance, to include being unable to balance school and work, transportation issues, and struggling with depression, he had no choice but to the withdraw from the paramedic training program he was enrolled in at Yale New Haven Hospital. The Veteran reported that he informed his lead instructor of his choice to withdraw via e-mail, which e-mail is of record and is dated on December 27, 2015. (Continued on the next page) Although the Board is sympathetic to the Veteran's situation and understands his reasons for having to withdraw from the paramedic training program, unfortunately the Veteran's waiver request, received on September 7, 2017, was not timely filed as it was received outside the 180-day window from the DMC's September 17, 2016, notices of indebtedness. In this regard, the Board notes that the September 17, 2016, notices were mailed to the Veteran at his then-current address of record and were not returned as undeliverable. The Veteran has also not alleged non-receipt of the DMC's notices. As such, there is no basis upon which the Board can conclude that the Veteran did not timely receive the September 17, 2016, notices such that the 180-day window in which to file a request for waiver may be extended in this case. Accordingly, as the Veteran's request for waiver was not timely received, the Board does not have jurisdiction to address the merits of her underlying claim for waiver of the overpayment at issue. The appeal must be denied. K. Conner Veterans Law Judge Board of Veterans' Appeals Attorney for the Board K. Neilson, 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.