The Veteran does not have a permanent total service-connected disability, and therefore does not meet the criteria for Dependents' Educational Assistance under Chapter 35 of Title 38 U.S.C.A.
The deciding factor: The Veteran's combined disability evaluation is no more than 80 percent, which does not meet the requirement of having a permanent total service-connected disability as per VA regulations.
- Claimed conditions
- left knee, status post total knee arthroplasty, residuals of shell fragment wounds involving both lower extremities and right upper buttock with neuropathy, left lower extremity, residuals of left medial meniscectomy with arthritis, retained foreign body of the right knee, arthritis of the right knee due to shell fragment wounds, painful scars of the right buttock, otitis externa, tinnitus, depressive disorder (also claimed as posttraumatic stress disorder), bilateral hearing loss, traumatic brain injury with headaches, surgical scar of the left knee, status post total knee arthroplasty
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 80%
- Decision date
- February 2, 2016
- Citation
- 1603338
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 1603338.
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.
- Dismissed
The Veteran's appeal for service connection of bilateral hearing loss and a ruptured right ear drum was dismissed due to the death of the Veteran.
- Denied
The Board found that the Veteran's bilateral hearing loss was noted upon entry into active duty service and did not increase in severity during service. Therefore, it denied his claim for service connection.
- Remanded (sent back)
The Board has remanded the claims for service connection for hearing loss, tinnitus, and an acquired psychiatric disorder due to incomplete medical records and need for further examination.
- Denied
The Board denied the Veteran's claims for service connection for tinnitus, arthritis, and memory loss. The decision found no evidence linking these conditions to his military service.
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