BVA9504299 
DOCKET NO.  93-12 203     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Muskogee,
Oklahoma

THE ISSUE

Entitlement to payment of Chapter 30 educational assistance
benefits for the appellant's enrollment from September 4, 1991,
to December 30, 1991.

ATTORNEY FOR THE BOARD

Daniel J. McTavish, Associate Counsel

INTRODUCTION

The appellant had active military service from August 1989 to
August 1991.

This matter came before the Board of Veterans' Appeals (Board) on
appeal of a March 1993 determination by the Muskogee, Oklahoma
Regional Office (RO) of the Department of Veterans Affairs (VA),
denying entitlement to Chapter 30 educational assistance benefits
for the enrollment period from September 4, 1991, to December 30,
1991.

CONTENTIONS OF APPELLANT ON APPEAL

The appellant contends, in substance, that he is entitled to
Chapter 30 educational assistance benefits for his enrollment in
a non-college degree program of Training Institute S.T.A.R.
EMT/Paramedic at Fresno City College from September 4, 1991, to
December 30, 1991.  He asserts that he requested Chapter 30
benefits from his school in September 1991 and was told that he
could not receive his benefits because the school had not yet
submitted the proper paperwork to the VA.  He further contends
that he continuously attempted to receive his retroactive award
and was informed on March 8, 1993, that his program was finally
approved by the VA.  He maintains that he did everything within
his power to assert his claim in a timely manner, and that it was
only for reasons beyond his control that the necessary supporting
documents were not received in a timely manner.

DECISION OF THE BOARD

The Board, in accordance with the provisions of 38 U.S.C.A.
§ 7104 (West 1991), has reviewed and considered all of the
evidence and material of record in the appellant's Chapter 30
education folder.  Based on its review of the relevant evidence
in this matter, and for the following reasons and bases, it is
the decision of the Board that the evidence of record establishes
that the appellant is not entitled to Chapter 30 benefits for his
enrollment beginning September 4, 1991, and ending December 30,
1991.

FINDING OF FACT

VA Form 22-1999, pertaining to the appellant's enrollment in the
Training Institute S.T.A.R. EMT/Paramedic program at Fresno City
College from September 4, 1991, to December 30, 1991, was
received by the VA on March 8, 1993, more than one year following
the end of the enrollment period.

CONCLUSION OF LAW

The appellant is not entitled to a retroactive award of
educational assistance benefits under Chapter 30 for the term
beginning September 4, 1991, and ending December 30, 1991.
38 U.S.C.A. §  7104 (West 1991); 38 C.F.R. § 21.7131(a) (1993).

REASONS AND BASES FOR FINDINGS AND CONCLUSION

The applicable law governing the payment of Chapter 30
educational assistance benefits specifically prohibits payment of
benefits for any period earlier than one year prior to the date
of the receipt of the application or enrollment certification,
whichever is later.  38 C.F.R. § 21.7131(a) (1993).

The appellant enrolled in a non-college degree program, Training
Institute S.T.A.R. EMT/Paramedic program, at Fresno City College
from September 4, 1991, to December 30, 1991.  The only VA
Form 22-1999, Enrollment Certification, of record for this term
was received on March 8, 1993, well after one year following the
end of the enrollment period.  The appellant contends that he
requested Chapter 30 benefits from his school in September 1991
and did everything within his power to assert his claim in a
timely manner.  He maintains that it was only for reasons beyond
his control that the necessary supporting documents were not
received by the VA in a timely manner.  In this regard, the Board
notes that the record contains a letter dated April 6, 1992, from
Fresno City College, verifying that the appellant was enrolled in
the paramedic program from September to December 1991.  However,
that letter, as well as certification of the appellant's
enrollment on VA Form 22-1999, was not received by VA until March
8, 1993.

The Board is sympathetic to the appellant and has no reason to
disbelieve his assertions that he did everything in his power to
assert his claim in a timely manner.  The fact remains, however,
that the enrollment certification was received by VA more than
one year after the enrollment period ended.  Thus, the
controlling Federal regulations preclude the Board from
authorizing favorable action on the present appeal.  38 U.S.C.A.
§  7104(a).

Under the circumstances of this case, we are without authority to
grant the benefit sought on appeal.  It is precluded by law.  In
Sabonis v. Brown, 6 Vet.App. 426 (1994), the United States Court
of Veteran's Appeals held that cases in which the law is
dispositive, such as this one, the claim should be denied because
of the absence of legal merit.

ORDER

Accordingly, the appellant is not entitled to payment of
Chapter 30 education benefits for the term beginning September 4,
1991, and ending December 30, 1991.

          D. C. SPICKLER
          Member, Board of Veterans' Appeals

The Board of Veterans' Appeals Administrative Procedures
Improvement Act, Pub. L. No. 103-271, § 6, 108 Stat. 740, ___
(1994), permits a proceeding instituted before the Board to be
assigned to an individual member of the Board for a
determination.  This proceeding has been assigned to an
individual member of the Board.

NOTICE OF APPELLATE RIGHTS:  Under 38 U.S.C.A. § 7266 (West
1991), a decision of the Board of Veterans' Appeals granting less
than the complete benefit, or benefits, sought on appeal is
appealable to the United States Court of Veterans Appeals within
120 days from the date of mailing of notice of the decision,
provided that a Notice of Disagreement concerning an issue which
was before the Board was filed with the agency of original
jurisdiction on or after November 18, 1988.  Veterans' Judicial
Review Act, Pub. L. No. 100-687, § 402 (1988).  The date which
appears on the face of this decision constitutes the date of
mailing and the copy of this decision which you have received is
your notice of the action taken on your appeal by the Board of
Veterans' Appeals.