Board decisionsVA Case Search

Board of Veterans' Appeals · Legacy series

Entitlement to additional VA educational assistance benefits under Chapter 33, Title 38, United States Code (known as Chapter 33 or the Post-9/11 GI Bill), due to the attempted revocation of transferred benefits, is…

January 30, 2026Citation Nr. 26001427Docket 18-15 074va.gov source

  • Entitlement to additional VA educational assistance benefits under Chapter 33 (Post-9/11 GI Bill) due to attempted revocation of transferred entitlementDenied

Board reasoning

The Board found that the transferor could only revoke unused transferred entitlement, and since the transferee had already exhausted the transferred benefits, there was no entitlement left to revoke and thus no basis to grant additional Chapter 33 benefits. It acknowledged miscommunication from VA but held that misinformation does not create entitlement where statute does not authorize it. The Board noted potential remaining entitlement under other programs but concluded the specific claim for additional Post-9/11 benefits due to revocation could not be granted.

Issues

  • Entitlement to additional VA educational assistance benefits under Chapter 33 (Post-9/11 GI Bill) due to attempted revocation of transferred entitlementDenied

Authorities

  • Owings v. Brown, 8 Vet. App. 17cited for the principle that VA miscommunication does not justify granting benefits not authorized by statute

Extracted with gpt-5-nano-2025-08-07. Citations are kept only when they appear in the decision text.