Citation Nr: A25024924 Decision Date: 03/18/25 Archive Date: 03/18/25 DOCKET NO. 230213-325765 DATE: March 18, 2025 ORDER The appeal seeking entitlement to benefits under 38 U.S.C. Chapter 35 for Dependents' Educational Assistance is dismissed. FINDING OF FACT The evidence fails to reflect that there has been any decision issued concerning entitlement to benefits under 38 U.S.C. Chapter 35 for Dependents' Educational Assistance. CONCLUSION OF LAW The criteria for dismissal of the appeal seeking entitlement to benefits under 38 U.S.C. Chapter 35 for Dependents' Educational Assistance (DEA) have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had a period of service from October 2000 through June 20, 2004, considered honorable for VA purposes, followed by a reenlistment and additional period of service beginning June 21, 2004, which resulted in a bad conduct discharge, effective August 2009. In the February 2023 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Direct Review docket. Therefore, the Board may only consider the evidence of record at the time of the agency of original jurisdiction (AOJ) decision on appeal. 38 C.F.R. § 20.301. Any evidence submitted after the AOJ decision on appeal cannot be considered by the Board. 38 C.F.R. §§ 20.300, 20.301, 20.801. If the Veteran would like VA to consider any evidence that was submitted that the Board could not consider, the Veteran may file a Supplemental Claim (VA Form 20-0995) and submit or identify this evidence. 38 C.F.R. § 3.2501. If the evidence is new and relevant, VA will issue a decision on the claim, considering the new evidence in addition to evidence previously considered. Id. Specific instructions for filing a Supplemental Claim are included with this decision. At the outset, the Board notes that there is no AOJ decision properly on appeal. Although the VA Form 10182 lists a decision date of June 22, 2022, as the decision on appeal, the record does not contain a June 22, 2022, AOJ decision. Further, the Veteran listed the issue on appeal as "entitlement to Chapter 35 DEA." However, there is no application for Chapter 35 DEA benefits in the record, no AOJ decision denying basic eligibility for DEA benefits, and the evidence does not show that basic eligibility for DEA benefits has ever been established. Notably, a VA Form 10182 is a Notice of Disagreement as to a decision by the AOJ. See 38 C.F.R. § 20.201. Here, based on the evidentiary record before it, the Board cannot conclude that the AOJ ever made a decision concerning entitlement to Chapter 35 DEA benefits-either on June 22, 2022, or at any other time in the year prior to the submission of the VA Form 10182. In short, the record contains no indication that an application for Chapter 35 DEA benefits was ever received or adjudicated. The Board further notes that while it appears that the Veteran's appeal is an effort to obtain additional educational benefits, to the extent she is attempting to utilize DEA benefits for herself, she is advised that DEA benefits are for dependents of Veterans with a permanent and total disability evaluation. Entitlement to DEA benefits under 38 U.S.C. Chapter 35 is an ancillary benefit for the eligible dependents of Veterans who are considered totally and permanently disabled due to service-connected disabilities. 38 U.S.C. § 3501; 38 C.F.R. § 3.807(a). Thus, even if a rating decision had established entitlement to DEA benefits (which none has), such benefits would not be for her own use, but for her dependents, and it would not be permissible for her to claim such benefits in her own right. Under 38 U.S.C. § 7105, the Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed. Here, although a VA Form 10182 was submitted in February 2023, the evidence fails to reflect that there has been any decision issued concerning entitlement to Chapter 35 DEA benefits. In other words, there is no evidence to suggest that the Veteran has appealed any adjudication by the AOJ on this issue. As such, there are no allegations of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed. JENNIFER HWA Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Medley, Amanda T. The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.