The appellant, who is the Veteran's daughter and was born in August 1976, is not eligible for Dependents' Educational Assistance benefits under Chapter 35 as she does not meet the age requirements.
The deciding factor: The statute only allows for eligibility beginning on the child's eighteenth birthday or upon completion of secondary schooling, whichever first occurs, and ending at twenty-sixth birthday. The appellant was born after the Veteran died in October 1975, thus making her ineligible under the law.
- 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 27, 2009
- Citation
- 0907448
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.