Citation Nr: A25035479 Decision Date: 04/17/25 Archive Date: 04/17/25 DOCKET NO. 230720-366148 DATE: April 17, 2025 ORDER Entitlement to Department of Veterans Affairs (VA) educational assistance benefits is dismissed. FINDING OF FACT There is no decision made by the agency of original jurisdiction (AOJ) from which the Veteran could initiate this appeal. CONCLUSION OF LAW The criteria for dismissing the claim for entitlement to VA educational assistance benefits have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active duty service in the United States Army from September 1978 to September 1989 and from September 1989 to May 1992. Currently, only the first period of service is considered honorable for VA benefits purposes. In a VA Form 10182 (Decision Review Request: Board Appeal) received in July 2023, the Veteran elected the Direct Review option for this appeal; therefore, the Board may consider only the evidence in the record at the time of the AOJ decision on appeal. See 38 C.F.R. § 20.301. If evidence was submitted during the period after the AOJ issued the decision on appeal, the Board did not consider it in its decision. See 38 C.F.R. §§ 20.300, 20.301, 20.801. If the Veteran would like VA to consider any evidence that was submitted that the Board could not consider, the Veteran may file a Supplemental Claim (VA Form 20-0995) and submit or identify this evidence. See 38 C.F.R. § 3.2501. If the evidence is new and relevant, VA will issue another decision on the claims, considering the new evidence in addition to the evidence previously considered. See id. Specific instructions for filing a Supplemental Claim are included with this decision. Entitlement to VA educational assistance benefits The Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed. 38 U.S.C. § 7105. In his July 2023 notice of disagreement, the Veteran indicated he was contesting a denial of VA educational assistance benefits due to the nature of his discharge from service. He did not indicate the date of any decision he was appealing. A review of the record reflects the Veteran submitted a claim for service connection for eleven disabilities in July 2022, which resulted in a review of the character of his discharge from service to establish the threshold element of status as a veteran. See (VA benefits are not payable unless the period of service upon which the claim is based was terminated by discharge or release under conditions other than dishonorable); see also Holmes v. Brown, 10 Vet. App. 38, 40 (1997) (When a person is seeking VA benefits, it first must be shown that the service member, upon whose service such benefits are predicated, has attained the status of a 'veteran' for VA purposes). In December 2022, the Veteran was notified that he was not eligible for benefits based on the period of service from September 1989 to May 1992, but that he was eligible for VA benefits based on the earlier period of service from September 1978 to September 1989. There is no claim for educational assistance benefits in the record within a year prior to the July 2023 notice of disagreement; indeed, there is no claim for educational assistance benefits at any time in the record. As there is no claim for educational assistance benefits, the Veteran's eligibility for VA education benefits has not yet been determined. The VA education benefit program for which the Veteran may be eligible based on his dates of service, the Post-Vietnam Era Veterans' Educational Assistance Program (VEAP), allows for participation by certain service members who are considered to have an unconditional discharge despite not being released from active service due to an intervening reenlistment. 38 C.F.R. §§ 3.13, 21.5040(b)(2). In this case, the Veteran has been found to have an unconditional discharge from his first period of active service from September 1978 to September 1989. Therefore, it is necessary for VA to make a determination on whether the Veteran is eligible for VEAP and/or any other VA educational assistance benefits. As no determination on the Veteran's eligibility for VA education benefits has been made, there is no error of fact or law for the Board to review in this case. The appeal is dismissed. M. HYLAND Veterans Law Judge Board of Veterans' Appeals Attorney for the Board K. Josey, 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.