The Board denied the appellant's claim for payment of dependents' educational assistance (DEA) benefits under Chapter 35, Title 38, United States Code, prior to February 8, 2010. The decision states that the appellant did not apply for benefits before February 8, 2011 and that VA had provided her with incorrect information which she relied on.
The deciding factor: The Board found that the appellant's claim was denied because she did not submit a formal application prior to February 8, 2011, despite receiving notification of her eligibility for benefits in May 2008. The exception set out at 38 U.S.C.A. § 5113 does not apply as the appellant's commencing date can be no earlier than one year before the date of her formal claim.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- February 14, 2012
- Citation
- 1205580
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. Read the original VA decision (opens in a new tab) using citation 1205580.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.