The Board denied the appellant's claim for an effective date prior to January 31, 1990, for Survivors and Dependents Educational Assistance (DEA) under Chapter 35, Title 38, United States Code.
The deciding factor: The amendments to 38 U.S.C.A. § 5113 made by Public Law 106-419 are not applicable in the appellant's case because her first application for VA educational benefits was made prior to the enactment of that Public Law and was not pending with the VA, since final decisions had been rendered with respect to the effective date and the delimiting date of the educational assistance award.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 15, 2006
- Citation
- 0604323
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.