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
- Not verified here — check the original decision
- Decision date
- January 17, 2019
- Citation
- 19104496
Veterans Law Judge
Decisions by this judge: 1,911 · Granted: 10% (granted or partly granted, in the indexed decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19104496.
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).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Granted
The Veteran's claim for service connection for migraines was reopened due to new evidence. Service connection is granted for painful scars, but the rating assigned remains at 10 percent. The claims for fibromyalgia and bilateral shoulder disability are denied.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: Denied
The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there is no competent evidence to support a finding that his current condition began in or as a result of service.
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.