13-35 858, 13-35 858

Veteran served on active duty from August 1983 to March 1989 and applied for VRAP benefits under the VOW to Hire Heroes Act (program ran Oct 1, 2012–Mar 31, 2014).
VA awarded VRAP benefits and notified the Veteran that benefits required full-time enrollment and that he had 12 months of benefits remaining.
Veteran attended New York City College of Technology for computer systems; he was full-time (14 credits) from Aug–Dec 2012 and awarded VRAP for that period.
For the period Jan 28, 2013–May 24, 2013 the school verified the Veteran carried 10 credits; VA denied VRAP payments for that period because enrollment was not full-time.
Veteran appealed, arguing 38 U.S.C. § 3015(a)(2) (Montgomery GI Bill) permits part-time payments; Board found that provision only supplies payment amounts, not an allowance for part-time attendance under VRAP, and denied benefits.
Procedurally, the Board attempted a videoconference hearing scheduling; after administrative attempts and lack of veteran response, the hearing request was treated as withdrawn.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Veteran is eligible for VRAP benefits for Jan 28, 2013–May 24, 2013 while enrolled less than full-time	Veteran contended § 3015(a)(2) (Montgomery GI Bill) allows part-time payments and thus VRAP should pay for 10-credit enrollment	VRAP statute/regulations require full-time enrollment; § 3015 is referenced only for payment amounts, not attendance rules	Denied — VRAP requires full-time enrollment; no authority to pay for part-time attendance

Manning v. Principi, 16 Vet. App. 534 (holding VCAA inapplicable to pure legal questions about entitlement)
Sabonis v. Brown, 6 Vet. App. 426 (law, not evidence, may be dispositive)
Harvey v. Brown, 6 Vet. App. 416 (Board cannot grant benefits on equity)