The Veteran's widow was granted service connection for the cause of the Veteran's death due to leiomyosarcoma caused by Agent Orange exposure. The appellant, who is the Veteran's adult daughter and born in 1972, did not meet the age eligibility criteria for DEA benefits as she had reached her 26th birthday before the effective date of the permanent and total disability rating.
The deciding factor: The appellant was over 26 years old at the time the Veteran became permanently and totally disabled, which is a requirement for basic eligibility for Dependents' Educational Assistance (DEA) benefits under Chapter 35, Title 38, United States Code.
- Claimed conditions
- leiomyosarcoma
- How they argued it
- Direct service connection
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- April 15, 2015
- Citation
- 1516314
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 1516314.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The appeal for service connection for leiomyosarcoma is dismissed as the benefit was granted in a subsequent rating decision. The appeal for service connection for benign pituitary tumor is also dismissed due to simultaneous actions with respect to the same claim.
- Remanded (sent back)
The Board remands the claim for verification of the Veteran's exposure to herbicide agents at Fort Gordon during his active duty training periods.
- Remanded (sent back)
The Board has decided to remand the case due to outstanding VA records, a missing buddy statement, and inadequate exposure verification. The Veteran's leiomyosarcoma is being reviewed for service connection based on direct evidence rather than any presumption or secondary theory.
- Dismissed
The Board dismissed the appeal for service connection of leiomyosarcoma due to the death of the appellant during the pendency of her appeal.
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