The appellant's delimiting date for receipt of educational benefits under Chapter 35, Title 38, United States Code was extended due to an administrative error that prevented proper notification.
The deciding factor: The presumption of regularity in RO operations was rebutted by clear evidence showing the RO failed to notify the appellant of a permanent and total disability rating issued in June 1980, which would have established her eligibility for DEA benefits.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 30, 2008
- Citation
- 0814249
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.