The Veteran's combined disability rating is currently at 100%, but he has not been granted a permanent and total disability rating for any of his service-connected conditions. The Board denies the claim as there is no legal basis to grant Dependents' Educational Assistance (DEA) benefits.
The deciding factor: The Veteran does not have a permanent and total disability rating from a service-connected condition, which is required for eligibility under 38 U.S.C. Chapter 35.
- Claimed conditions
- posttraumatic stress disorder, traumatic brain injury, proteinuria, fractured right tibia and fibula, obstructive sleep apnea, lung nodule, fibromyalgia, DJD of the left shoulder, DJD of the right shoulder, DDD of the cervical spine, loss of left hip flexion and abduction (each separately rated as 10 percent disabling), DDD of the lumbar spine, loss of right and left hip extension (each separately rated as 10 percent disabling), loss of right hip flexion and adduction (each separately rated as 10 percent disabling), chronic left ankle strain, scars, tinnitus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- January 17, 2019
- Citation
- 19104496
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 Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Partly granted
The Board granted service connection for scarring, right orchiopexy and remanded the claim of asbestos exposure residuals. Other claims for service connection were denied.
- Remanded (sent back)
The Board remands the claim for service connection for tinnitus to correct a duty to assist error, as the Veteran's lay statements regarding onset and continuity of symptoms were not adequately considered in the previous decision.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
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