The Veteran's service-connected disabilities were not permanent and total as of September 20, 2016. Therefore, the effective date for her Dependent's Education Assistance (DEA) benefits cannot be earlier than September 20, 2016.
The deciding factor: The RO found that the Veteran’s PTSD was not static and there was a likelihood of improvement, which meant it could not be considered permanent as of September 20, 2016.
- Claimed conditions
- Posttraumatic stress disorder (PTSD), Thoracolumbar spine strain, Residuals of a right shoulder injury, Residuals of a spiral fracture of the distal left fibula, Abdominal scars, Hypothyroidism, Hallux valgus with arthritis to the right foot, Right knee retropatellar pain syndrome, Acne rosacea, Right-sided capitus and trapezius myofascial chronic tears, Left hip trochanter bursitis, Dry eye, Tinnitus, Spider veins of the right leg, Spider veins of the left leg
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- June 7, 2019
- Citation
- 19144171
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 PTSD, resolving reasonable doubt in the Veteran's favor and finding that his PTSD is related to an in-service military sexual trauma (MST) during a period of ACDUTRA.
- Granted
The Board granted service connection for bilateral hearing loss and tinnitus, finding that the Veteran's conditions are related to in-service noise exposure.
- Partly granted
The Board granted an effective date of May 17, 2019, for a 70 percent disability rating for PTSD but denied earlier effective dates for service connection for bilateral hearing loss and tinnitus.
- Partly granted
The Board granted readjudication of previously denied claims for service connection for PTSD and COPD, while remanding other issues including entitlement to service connection for an eye disorder, hypertension, tinnitus, a compensable rating for bilateral hearing loss, TDIU, and an initial rating for PTSD.
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