The appellant is not eligible for Chapter 35 Dependents' Educational Assistance (DEA) benefits because she was over the age of 26 when her father retired from service and received a permanent and total disability rating.
The deciding factor: The appellant was born in June 1988, making her over 26 years old on October 1, 2014, when her father retired and received his permanent and total disability rating. The law does not allow for exceptions to the age limit of 26 for receipt of DEA benefits.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 18, 2019
- Citation
- 19130067
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
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.