The Veteran's son is entitled to Chapter 33 educational assistance benefits at the 90 percent level based on his father's qualifying active duty service. The appellant disagrees and believes he should receive 100 percent of the benefits, but the Board finds no legal basis for a higher rate.
The deciding factor: The Veteran had 1,038 days of qualifying active duty service after September 10, 2001, which corresponds to payment at the 90 percent level. The appellant's disagreement is based on erroneous information provided in February 2010.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- March 5, 2019
- Citation
- 19116001
Veterans Law Judge
Decisions by this judge: 2,196 · Granted: 17% (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 19116001.
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).
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