The Veteran's permanent and total disability rating was granted after the appellant reached her 26th birthday, making her ineligible for Dependents' Educational Assistance (DEA) benefits under Chapter 35 of Title 38.
The deciding factor: The appellant did not meet the eligibility criteria as she had already turned 26 years old before the effective date of the permanent and total disability rating.
- Claimed conditions
- Tourette syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- November 4, 2011
- Citation
- 1141152
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 1141152.
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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's acquired psychiatric condition, including personality disorder and PTSD, is granted as service connected. The Board found the evidence sufficient to grant service connection due to a qualifying event in service.
- Partly granted
The Board has reopened the Veteran's claims for service connection for Tourette syndrome and cervical spine disorder, but denied them on the merits. The claim for Tourette syndrome is remanded to obtain an opinion regarding whether it pre-existed service or was aggravated by service. The claim for cervical spine disorder is also remanded to obtain a medical opinion regarding its relationship to service.
- Remanded (sent back)
The Veteran's claims for higher evaluations of his service-connected PTSD and Tourette syndrome, as well as a claim for TDIU, are being remanded due to the need for additional examinations and development.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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