Citation Nr: 18158310
Decision Date: 12/18/18	Archive Date: 12/14/18

DOCKET NO. 15-31 127
DATE:	December 18, 2018
ORDER
An earlier effective date of July 13, 2011 for the grant of education benefits under Title 38, Chapter 35 of the United States Code, Dependents' Educational Assistance (DEA) is granted subject to the laws and regulations governing the award of monetary benefits.
FINDINGS OF FACT
1. In a March 2014 rating decision, the Veteran was granted a 100 percent rating for his service-connected posttraumatic stress disorder (PTSD) effective November 25, 2013.  
2. In an August 2018 Board decision, the Veteran was granted a 100 percent rating for his service-connected PTSD effective July 13, 2011.  
3. The Veteran’s service-connected PTSD was permanent and total as of July 13, 2011. 
CONCLUSION OF LAW
The criteria for an earlier effective date of July 13, 2011 for the grant of DEA education benefits have been met. 38 U.S.C. §§ 5110, 5113 (West 2014); 38 C.F.R. §§ 3.400, 3.807 (2017).
REASONS AND BASES FOR FINDINGS AND CONCLUSION
Entitlement to an earlier effective date for the grant of DEA education benefits.
The Veteran is seeking an earlier effective date for the grant of DEA education benefits.  For the purposes of DEA benefits, basic eligibility exists if a Veteran was discharged from service under conditions other than dishonorable, and if he has a permanent and total service-connected disability. 38 U.S.C. § 3501 (West 2014); 38 C.F.R. §§ 3.807 (a)(2), 21.3021 (2017). There are other avenues through which basic eligibility may be granted; however, they involve factors not applicable here. Id.  
The current claim is on appeal from a March 2014 rating decision which granted basic eligibility for DEA benefits effective November 25, 2013, the date the Veteran’s service-connected PTSD was rated 100 percent disabling and considered permanent.   
Since the March 2014 rating decision an August 2018 Board decision granted a 100 percent rating for the service-connected PTSD, effective July 13, 2011.  The RO has not yet had the opportunity to effectuate that decision; however, as of July 13, 2011, the Veteran’s service-connected PTSD was total in that it is rated 100 percent and permanent in that the level of impairment is not expected to improve. 
The Board finds that an effective date prior to July 13, 2011 for the grant of DEA education benefits is not warranted as the Veteran did not have a service-connected disability which was total and permanent prior to July 13, 2011. Specifically, the Veteran is service-connected for PTSD and Tolosa-Hunt syndrome. The Veteran’s service-connected PTSD has not otherwise been rated at 100 percent other than from August 9, 2001 to September 30, 2001.  However, this was a temporary rating based on a period of hospitalization after which the Veteran’s PTSD was rated as 30 percent disabling from October 1, 2001 and subsequently 50 percent disabling from July 2, 2004.  As such, the Veteran’s PTSD was not considered a permanent disability then as it improved following the Veteran’s temporary period of hospitalization.  In addition, the Veteran’s service-connected Tolosa-Hunt syndrome has been rated as 10 percent disabling since July 29, 1980.  As such, it has never been considered totally disabling.  Therefore, an effective date prior to July 13, 2011, for the grant of DEA education benefits is not warranted.
As such, an earlier effective date of July 13, 2011 for the grant of eligibility for DEA education benefits is granted subject to the laws and regulations governing the award of monetary benefits. 

 
M.E. Larkin
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	C. Biggins, Associate Counsel