The Board has granted the appellant's claim for a revised delimiting date of September 16, 2009, within which to utilize her DEA benefits for an approved program of education.
The deciding factor: The Court in Cypert v. Peake held that the beginning date of a dependent spouse's eligibility to DEA benefits is determined under the statute to be the date of marriage to the Veteran, and not according to the provisions set forth by regulation, so long as the date of marriage is after the notification of VA finding the veteran to be permanently and totally disabled. As a result, the beginning date of the appellant's eligibility for DEA benefits should be September 16, 2009.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 7, 2011
- Citation
- 1113769
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 1113769.
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
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