Other conditions Board decisions

The Board found that the Appellant was no longer eligible for Dependents Education Assistance (DEA) under Chapter 35 of the Veterans' Benefits Act on and after May 31, 2009 due to her status as a stepchild ending when she left the Veteran's household. The decision is based on the Veteran's statement that this occurred as of May 30, 2009.

The case is being returned to the RO for further examination and clarification of whether the Appellant qualifies for aid and attendance benefits, which impacts her eligibility for death pension benefits.

The Veteran's claim for an extension of the delimiting date for Montgomery GI Bill education benefits beyond February 12, 2009 was denied as she did not submit a timely request and failed to provide good cause for her untimely request.

The Board has vacated the May 8, 2008 decision and dismissed the motion for revision of that decision based on clear and unmistakable error.

The Veteran's election to receive educational assistance benefits under the Post-9/11 GI Bill in lieu of Chapter 30 (Montgomery GI Bill) was irrevocable and cannot be rescinded.

The Veteran was found to be in need of regular aid and attendance due to his severe physical incapacity, including being bedridden, unable to feed himself, incontinent, and needing assistance with daily activities. He also had a single permanent disability rated at 100% disabling.

The Board found that the Veteran did not make an irrevocable election for education benefits under the Post-9/11-GI Bill program in lieu of benefits under the MGIB program, thus denying his claim.

The Veteran's claim for payment of a licensing and certification test provided by CBIC was denied as the organization or entity offering the test has not been approved by an SAA in either Kansas (where it was located) or Wisconsin (its current location).

The Veteran's combined service-connected disability rating was 90 percent with a total disability rating due to individual unemployability (TDIU) from August 3, 2001. The appellant is eligible for Dependents' Educational Assistance (DEA) benefits based on her father's permanent and total disability rating.

The Veteran's service-connected neurosis resulted in a permanent and total disability rating effective April 15, 2008. The appellant is not eligible for Dependents' Educational Assistance (DEA) benefits as she was over the age of 26 on the date of the permanent and total disability rating.

The Veteran's appeal for more than 31 months and 1 day of Post-9/11 GI Bill education benefits is denied as her combined VA education benefits are limited by law to a total aggregate of 48 months, including the 16 months and 29 days she used under MGIB-SR prior to applying for Post-9/11 GI Bill.

The Veteran, who served in World War I and died in 1954, is not eligible for a government-furnished headstone or grave marker due to his death occurring before the date authorized by law.

The Board has determined that the Veteran's daughter is not entitled to retroactive educational benefits prior to January 4, 2010 due to a lack of receipt of her claim within one year of receiving notification of her father's permanent and total disability rating.

The Board has remanded the case for a Travel Board hearing due to the appellant's request. The appeal is not about service connection at all, but rather an accrued benefits claim.

The Board has remanded the case for additional development, including obtaining medical opinions and records. The appellant's claim will be reconsidered after these actions.

The Board has remanded the case for additional development, including obtaining private medical records and an examination to determine the likely etiology of the Veteran's claimed disabilities.

The Veteran's service-connected residuals of heat stroke with syncope and history of mild cognitive disorder do not meet the criteria for a compensable rating due to mild or transient symptoms that decrease work efficiency and ability to perform occupational tasks during periods of significant stress, nor is continuous medication required.

The Veteran's appeal has been dismissed due to the death of the appellant, and thus the Board does not have jurisdiction to adjudicate the merits of the claim.

The Veteran's appeal is being remanded to the RO for scheduling a Board hearing at the RO. The issues are related to an initial rating and effective date for his service-connected right big toe condition.

The appellant has no legal entitlement to the death benefits for which she applied because there is no evidence of cohabitation or continuous relationship with the Veteran after their divorce. The appeal is denied.