Citation Nr: 22017532 Decision Date: 03/25/22 Archive Date: 03/25/22 DOCKET NO. 18-27 607 DATE: March 25, 2022 ORDER Entitlement to restoration of education benefits under Chapter 33, Title 38, United States Code (Post 9/11 GI Bill) for the Veteran's enrollment at Heald College is denied. FINDINGS OF FACT 1. The Veteran was granted Chapter 33 benefits for his enrollment at Heald College beginning August 26, 2013. 2. Approval for Heald College was suspended by the State Approving Agency on June 24, 2014, and it was withdrawn on August 24, 2014. 3. Heald College closed on April 27, 2015. 4. The Veteran received educational credit for his enrollment at Heald College, to include the school term identified from August 26, 2013, to December 2, 2014, and he was awarded an associate degree on April 12, 2015. CONCLUSION OF LAW The criteria for restoration of education benefits under Chapter 33, Title 38, United States Code, for the Veteran's enrollment at Heald College, to include from August 26, 2013, to December 2, 2014, are not met. 38 U.S.C. § 3699 (2018); Harry W. Colmery Veterans Educational Assistance Act of 2017, Pub. L. No. 115-48, § 109 (enacted Aug. 16, 2017). REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran served on active duty in the United States Marine Corps from July 2008 to July 2013. This matter comes to the Board of Veterans' Appeals (Board) on appeal from a February 2018 determination of the Department of Veterans Affairs (VA) Agency of Original Jurisdiction (AOJ). In November 2021, the Veteran testified at a Board virtual hearing before the undersigned Veterans Law Judge. A transcript of the hearing is of record. The Post 9/11 GI Bill (Chapter 33) provides VA educational assistance for members of the Armed Forces based on creditable active service after September 10, 2001. See 38 C.F.R. § 21.9500. In this case, the AOJ received an application from the Veteran for Chapter 33 benefits to pursue an associate degree in accounting at Heald College beginning August 26, 2013. In February 2013, the Veteran received a Certificate of Eligibility (COE) certifying his entitlement to 36 months of Chapter 33 benefits at a 100 percent rate of pay. See 38 C.F.R. §§ 21.9550. 21.9640. Transcripts from Heald College show that the Veteran was enrolled in an education program from August 26, 2013, to April 12, 2015. In this regard, they show that he was enrolled in two courses and earned 7 credits for the mini term from August 26, 2013, to October 6, 2013, and he was enrolled in four courses and earned 16 credits for the school term from October 21, 2013, to January 12, 2014. They further show that he was awarded an associate degree in business administration (accounting) on April 12, 2015. WEAMS (Web Enhanced Approval Management System) is a VA searchable database listing all organizations and programs of education approved for VA purposes. This system showed that the state approving agency suspended approval of Heald College on June 24, 2014, and withdrew approval on August 24, 2014. On April 27, 2015, Heald College closed. A Certificate of Eligibility in December 2016 informed the Veteran that he had 12 months and 15 days remaining of full time Chapter 33 education benefits. He applied these benefits towards a Bachelor of Science (BS) degree in Business Administration (Accounting) at San Jose State University. He obtained a BS degree in May 2020. This appeal stems from the Veteran's January 2018 application for restoration of Chapter 33 benefits from Heald College, which the AOJ denied in February 2018. On August 16, 2017, the President signed into law the Harry W. Colmery Veterans Educational Assistance Act of 2017, Pub. L. 115-48. That Act specifically added § 3699 to Chapter 36 of the United States Code, the chapter relating to the administration of educational benefits. Pub. L. 115-48, § 109, 131 Stat. 974 (2017). This statutory amendment applies with respect to veterans who attended an accredited Institution of Higher Learning facility that closed between January 1, 2015, and August 16, 2017. Under 38 U.S.C. § 3699, VA will not charge for the term a veteran was attending when the school closed permanently, and the veteran did not receive credit, or lost training time for the program. In this case, the Veteran's school closed permanently in April 2015 and not prior to January 1, 2015, as February 2018 decision erroneously indicates. As noted, WEAMS shows that the state approving agency suspended approval in June 2014 and withdrew approval in August 2014, but the school did not actually close until April 2015. Consequently, the date of the school's closure meets the date requirements under the Harry W. Colmery Veterans Educational Assistance Act of 2017. However, the criteria under the Harry W. Colmery Veterans Educational Assistance Act of 2017 for restoration of benefits have not been met, since the Veteran did not lose credit or training time due to the school closure or disapproval of a course or courses. Rather, his grade transcript from Heald College shows that he received credit for all of the courses that he was enrolled in, to include 7 credits for the mini term from August 26, 2013, to October 6, 2013, and 16 credits for the term from October 21, 2013, to January 12, 2014. Moreover, he went on to complete his program of study by earning an associate degree in business administration (accounting) in April 2015. The date that the degree was conferred on April 12, 2015, is prior to the date that the school closed, on April 27, 2015. Indeed, the Veteran testified in November 2021 that he received a degree from Heald College and he went on to pursue a Bachelor of Science degree in business administration (accounting) at San Jose State University. See Board Hearing Transcript at 2. Thus, as the Veteran did not lose credit or training time due the closure of Heald College in April 2015 or disapproval of course(s) and he in fact was able to complete his program of study prior to the school's closure, he does not meet the criteria for restoration of Chapter 33 educational assistance benefits under 38 U.S.C. § 3699(b). Accordingly, as the evidence persuasively weights against this claim and is not in approximate balance, the benefit of the doubt doctrine is not for application and the claim is denied. See 38 U.S.C.A. § 5107(b); Lynch v. McDonough, 21 F.4th 776 (Fed. Cir. 2021) (en banc). S. BUSH Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. Shawkey, 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.