Citation Nr: 22044201 Decision Date: 08/03/22 Archive Date: 08/03/22 DOCKET NO. 14-27 044 DATE: August 3, 2022 REMANDED Whether entitlement to a delimiting date for Dependents' Educational Assistance (DEA) benefits after August 29, 2000, is warranted. REASONS FOR REMAND The Veteran served on active duty from June 1968 to March 1970. The appellant is the Veteran's daughter. The case is on appeal from a February 2014 VA decision which denied entitlement to retroactive benefits under Chapter 35. In a June 2014 VA Form 9, the appellant elected a Board hearing before a Veterans Law Judge. A Board hearing was scheduled on June 13, 2022. The appellant was deemed a no show. To date, the appellant has not requested that her hearing be rescheduled. As such, the Board finds that the appellant's hearing request is deemed withdrawn. 38 C.F.R. § 20.704(d). Whether entitlement to a delimiting date for DEA benefits after August 29, 2000, is warranted. In January 2014, the appellant filed a formal claim for DEA benefits (VA Form 21-5490) seeking reimbursement for programs of education conducted from August 1991 to June 1995, a period during which she asserts was entitled to, but did not receive, DEA benefits. In a February 2014 decision, the RO denied retroactive entitlement to DEA benefits as the appellant did not submit a claim for DEA benefits within the 8-year delimiting period following November 1992 rating decision finding the Veteran's disability total and permanent and establishing entitlement to education benefits under Chapter 35 effective August 29, 1992. In a June 2014 substantive appeal (VA Form 9), the appellant challenged VA's determination by indicating that her parents, who are both deceased, were not aware of the benefit at the time she was in college. While the appellant's contention does not form a basis upon which to grant the benefit sought, a detail review of the Veteran's claims file reflects that, in June 1992, the Veteran's former representative VSO filed an informal claim requesting VA to cancel all future examinations in connection with the Veteran's service-connected disability and to consider the Veteran's already total rating a permanent one, to include his basic eligibility to Chapter 35 education benefits. See October 4, 1991 VSO statement. Shortly thereafter, a letter from Delta State University, the appellant's educational institution during that time, was received in connection with the claim. See Enrollment verification statement received on October 28, 1991. The Veteran was scheduled for a VA examination to determine the permanency of his disability. The Veteran did not attend the scheduled examination and was deemed a no show. In a June 1992 statement in support of claim, the veteran indicated, in pertinent part, the following: "I now have a permanent address and if necessary, will report for a special neuropsychiatric examination. This is in conjunction with my daughter's claim for benefits under the provisions of 38 U.S.C. Chapter 35." In a November 1992 rating decision, the RO established a total and permanent rating by reason of the Veteran's service-connected disability and basic eligibility to Chapter 35 benefits was established effective August 29, 1992. In December 1992, VA notified the Veteran that his request for Chapter 35 benefits had been received and that it had been determined that he was eligible for this benefit. The notification letter includes a hand-written note instructing the Veteran to complete and submit an enclosed VA Form 22-5490 (Dependents' Application for VA Education Benefits) for each of his dependents. Nothing was received until May 1994, when the Veteran submitted a statement indicating that VA had only sent him one certification form and to please send another one for his daughter. See May 16, 1994 statement. Shortly thereafter, the Veteran submitted another statement indicating that he had "applied for the educational benefit for his daughter [] and [his] son" and was never told anything. The Veteran stated that VA only sent him more of the same applications to fill out and to please let him know something about this situation as soon as possible. See May 31, 1994 statement. Along with his statement, the Veteran filed a VA Form 21-674 (Request for Approval of School Attendance) for his daughter T.T.Y. In June 1994, VA amended the Veteran's service connection award to include additional dependency benefits based on his daughter's school attendance. The record does not show that DEA benefits were established. The Board notes that, while the December 1992 VA letter contains a hand-written note indicating that a VA Form 22-5490 was mailed, it is not clear whether the Veteran in fact received one as in his May 1994 statement, he indicated that he only received one form and to please send another one for his daughter. See May 16, 1994 statement. Thereafter, on May 19, 1994, the evidence reflects that the RO only sent him a Certification of School Attendance. The Board has also considered the Veteran's May 31, 1994, statement in which he requested the status of his claim for education benefits for his children. This statement was submitted along with a completed VA Form 21-674 which suggests that it is the only form the Veteran had available to complete at that time. Therefore, the Board finds that further clarification is still required from the RO regarding these procedural aspects which occurred within the 8-year delimiting period, however, do not seem to have been fully addressed, or may have created some confusion as to what information was necessary for the Veteran or his dependents to properly establish entitlement to DEA benefits. The Board also notes that the April 2017 statement of the case (SOC) listed the Veteran's "compensation and pension file" as part of the evidence revised, but did not address any of the relevant facts herein discussed. Thus, the Board finds that a remand is warranted for consideration and clarification of the evidence and procedural aspects discussed above. The matter is REMANDED for the following action: 1. Conduct a review of the late Veteran's education and compensation and pension file, to include searching for any paper claims file, and any other possible repository of records, to determine whether a VA Form 22-5490 was completed and received within the 8-year delimiting period from August 29, 1992. Any additional records found should be associated with the electronic claims file. Additionally, the results of all searches conducted should be noted in the claims file. In reaching a determination, the RO must consider the Veteran's May 1994 statement inquiring about the status of his education benefits' application for both of his children, which in turn suggests that an application was submitted, and the December 1992 VA letter, confirming that a request for Chapter 35 benefits had been received. Upon review of the evidence indicated above, readjudicate the matter on appeal. If the benefit sought is not granted in full, issue a supplemental statement of the case (SSOC) and return the matter to the Board for further appellate review. RYAN T. KESSEL Veterans Law Judge Board of Veterans' Appeals Attorney for the Board William Pagan, 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.