The matter of entitlement to permanent total disability status under 38 C.F.R. § 3.340(b) has been previously granted by the RO and, therefore, the matter is dismissed without prejudice to the appellant.
The deciding factor: The RO determined that basic eligibility for Dependents' Educational Assistance was granted based on a total service-connected disability permanent in nature, which included permanent total disability status under 38 C.F.R. § 3.340(b).
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 6, 2009
- Citation
- 0908441
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
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.