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UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS
MICHAEL J. GRAFF, APPELLANT,
ROBERT L. WILKIE,
SECRETARY OF VETERANS AFFAIRS, APPELLEE.
Before PIETSCH, Judge.
Note: Pursuant to U.S. Vet. App. R. 30(a),
this action may not be cited as precedent.
PIETSCH, Judge: Michael J. Graff appeals pro se a January 22, 2019, Board of Veterans’
Appeals (Board) decision that denied entitlement to Post-9/11 GI Bill benefits. This appeal is
timely, and the Court has jurisdiction to review the Board’s decision pursuant to 38 U.S.C.
§§ 7252(a) and 7266(a). Single-judge disposition is appropriate as the issue is of “relative
simplicity” and “the outcome is not reasonably debatable.” Frankel v. Derwinski, 1 Vet.App. 23,
25-26 (1990). For the reasons that follow, the Court will reverse the Board’s January 22, 2019,
decision and remand the matter for readjudication consistent with this decision.
Mr. Graff served on active duty from December 1990 to April 1995 and from December
1998 to February 2014. Record (R.) at 50-52.
In November 2014, Mr. Graff sought education assistance benefits under the Post-9/11 GI
Bill. R. at 76-80. A VA regional office (RO) informed him that he had 20 days of unused benefits
under the Montgomery GI Bill and that if VA processed his application, he would be awarded only
20 days of benefits under the Post-9/11 GI Bill. R. at 48. However, the RO also informed him that
if he exhausted all Montgomery GI Bill benefits, he may receive “up to 12 months of entitlement
under the Post-9/11 GI Bill, but no more than a total of 48 months of benefits under two
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Single Judge Application; In BO v. Wilkie, the Court held that a veteran with two or more qualifying periods of service can receive benefits under both the Montgomery GI Bill and the Post-9/11 GI Bill. 31 Vet.App. at 324. The Court stated that a veteran need not relinquish or exhaust any remaining benefits under the Montgomery GI Bill to obtain benefits under the Post-9/11 GI Bill. Id. at 324. The Court further found that any irrevocable waiver or relinquishment of benefits under one of these programs was null;
Designated for electronic publication onlyUNITED STATES COURT OF APPEALS FOR VETERANS CLAIMSNO. 19-3338MICHAEL J. GRAFF, APPELLANT,V.ROBERT L. WILKIE,SECRETARY OF VETERANS AFFAIRS, APPELLEE.Before PIETSCH, Judge.MEMORANDUM DECISIONNote: Pursuant to U.S. Vet. App. R. 30(a),this action may not be cited as precedent.PIETSCH, Judge: Michael J. Graff appeals pro se a January 22, 2019, Board of Veterans'Appeals (Board) decision...