The Veteran's daughter is not eligible for Dependents' Educational Assistance (DEA) benefits under Chapter 35, Title 38, United States Code due to her reaching the age of 26 before the effective date of a permanent and total disability rating.
The deciding factor: The appellant did not meet the legal criteria for basic eligibility as she turned 26 years old prior to the effective date of the Veteran's permanent and total service-connected disability rating.
- Claimed conditions
- permanent and total disability rating based on service-connected disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- July 14, 2010
- Citation
- 1026208
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 1026208.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's permanent and total disability rating based on service-connected disability was effective June 21, 2005. The appellant is the step-daughter of the Veteran who reached her 26th birthday after this effective date, thus meeting the eligibility criteria for Dependents' Educational Assistance (DEA) benefits under Chapter 35, Title 38, United States Code.
- Denied
The veteran was awarded a permanent and total disability rating based on service-connected disability, effective November 1, 2005. The appellant's daughter filed for Dependents' Educational Assistance benefits under Chapter 35 in March 2006. However, the appellant reached her 26th birthday before the effective date of the veteran's permanent and total disability rating, making her ineligible for DEA benefits.
- Denied
The veteran was awarded a permanent and total disability rating based on service-connected disability in February 2004. The appellant, who is the veteran's daughter, filed for Dependents' Educational Assistance benefits under Chapter 35 in April 2005. However, she did not meet the eligibility criteria as her date of birth was prior to the effective date of the permanent and total disability rating.
- Denied
The veteran's son is not eligible for Dependents' Educational Assistance benefits under Chapter 35, Title 38, United States Code due to the appellant reaching his 26th birthday before the effective date of the permanent and total disability rating.
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