Citation Nr: A25035888 Decision Date: 04/18/25 Archive Date: 04/18/25 DOCKET NO. 230315-340344 DATE: April 18, 2025 ORDER Entitlement to reimbursement of licensing/certification test fees for the American Petroleum Institute's Pressure Valve Inspector certification test under Chapter 33, Title 38, United States Code (Post 9/11 GI Bill), is denied. FINDINGS OF FACT 1. The Veteran completed the American Petroleum Institute's Pressure Valve Inspector certification test on January 18, 2022. 2. VA received the Veteran's claim for reimbursement on February 7, 2023. CONCLUSION OF LAW The criteria for reimbursement of licensing/certification test fees for the American Petroleum Institute's Pressure Valve Inspector certification test under Chapter 33 are not met. 38 U.S.C. §§ 3002, 3301, 3313, 3483, 3672, 3675; 38 C.F.R. § 21.4250. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the U.S. Marine Corps from July 2004 to July 2009. The Veteran's awards and decorations include the Sea Service Deployment ribbon, Iraq Campaign Medal (w/ Bronze Service Star), Navy and Marine Corps Overseas Service Ribbon (2nd Award), Global War on Terrorism Service Medal, and the National Defense Service Medal. The Board is grateful to the Veteran for his honorable service to our Nation! The decision on appeal was issued in February 2023 and constitutes an initial decision; therefore, the modernized review system, also known as the Appeals Modernization Act (AMA), applies. In the March 2023 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Direct Review docket. Therefore, the Board may only consider the evidence of record at the time of the February 2023 agency of original jurisdiction (AOJ) decision on appeal. 38 C.F.R. § 20.301. Any evidence submitted after the AOJ decision on appeal cannot be considered by the Board. 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. 38 C.F.R. § 3.2501. If the evidence is new and relevant, VA will issue another decision on the claim, considering the new evidence in addition to the evidence previously considered. Id. Specific instructions for filing a Supplemental Claim are included with this decision. Entitlement to reimbursement of licensing/certification test fees for the American Petroleum Institute's Pressure Valve Inspector certification test under Chapter 33, Title 38, United States Code (Post 9/11 GI Bill), is denied. The Veteran contends that he is entitled to reimbursement for the American Petroleum Institute's Pressure Valve Inspector certification test. Educational assistance benefits under 38 U.S.C. Chapter 33 are available to eligible individuals who have taken an approved licensing or certification test for which he or she is requesting reimbursement. 38 C.F.R. § 21.9590 (a)(4). VA will award educational assistance for the cost of a licensing or certification test only when the eligible individual takes such test: (1) While the test is approved under 38 U.S.C. Chapter 36; (ii) While the individual is eligible for educational assistance; and (iii) No more than one year before the date VA receives an application for reimbursement of the cost of the test. 38 C.F.R. § 21.9625 (a)(2). In the February 2023 decision on appeal, the AOJ denied reimbursement for the American Petroleum Institute's Pressure Valve Inspector certification test, finding that VA could not reimburse the Veteran for tests completed more than one year prior to receiving a completed application for reimbursement. Here, the Veteran's application stated that the test was taken on January 18, 2022. Additional supporting documents submitted by the Veteran also confirm that the test was completed on January 18, 2022. VA did not receive the Veteran's claim until February 7, 2023, more than one year after the tests were completed. Furthermore, the postmark on the envelope containing the application was January 27, 2023, which is more than one year after the test was completed. Although the Board is sympathetic to the Veteran's position, the law provides that persons dealing with the Government are charged with knowledge of federal statutes and lawfully promulgated agency regulations "regardless of actual knowledge of what is in the regulations or of the hardship resulting from innocent ignorance." See Morris v Derwinski, 1 Vet. App. 260, 265 (1991) (citing Fed. Crop Ins. Corp. v. Merrill, 332 U.S. 380 (1947)). Moreover, the Board is bound by the law and has no authority to grant benefits on an equitable basis. See Harvey v. Brown, 6 Vet. App. 416, 425 (1994); see also Smith v. Derwinski, 2 Vet. App. 429, 432-33 (1992) ("[N]o equities, no matter how compelling, can create a right to payment out of the United States Treasury that has not been provided for by Congress."). (Continued on the next page) ? For the foregoing reasons, the Board finds that the Veteran's claim for reimbursement of licensing/certification test fees for the American Petroleum Institute's Pressure Valve Inspector certification test must be denied as a matter of law. See Sabonis v. Brown, 6 Vet. App. 426, 430 (1994). Accordingly, the appeal is denied. Melanie J. Mann Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Boal, Alan 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.