The Veteran's son is not eligible for Dependents' Educational Assistance (DEA) under Chapter 35, Title 38, United States Code due to the child reaching their 26th birthday prior to the effective date of the permanent and total disability rating.
The deciding factor: The appellant reached his 26th birthday before the Veteran's death, which precludes eligibility for DEA benefits under Chapter 35, Title 38, United States Code.
- Claimed conditions
- Cause of death (not specified in the decision)
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 15, 2016
- Citation
- 1636073
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 1636073.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied an earlier effective date for the award of DIC benefits, finding that the appellant's application was not received until many years after the Veteran's death.
- Denied
The veteran's cause of death was granted service connection, but the appellant is not legally entitled to additional accrued benefits as his child.
- Granted
The Board has determined that a timely Notice of Disagreement (NOD) was filed regarding the issue of entitlement to service connection for the cause of the veteran's death. The case is now remanded for further development and consideration.
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