Cypert v. Peake

22 Vet. App. 307 (2008)

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Cypert v. Peake

United States Court of Appeals for Veterans Claims
22 Vet. App. 307 (2008)

  • Written by Liz Nakamura, JD

Facts

Jerry Cypert was an active-duty military veteran. In 1990, the Department of Veterans Affairs (VA) (defendant) classified Jerry as totally and permanently disabled due to a service-connected disability. In January 2004, Jerry married Darlene Cypert (plaintiff). Shortly after the marriage, Darlene applied for educational benefits through the Survivors’ and Dependents’ Educational Assistance Program (DEA). The Board of Veterans’ Appeals (Board) denied Darlene’s claim, holding that because Jerry was classified as totally and permanently disabled in 1990, the 10-year DEA benefits eligibility period in which Jerry’s current or future spouse could claim DEA benefits through Jerry’s entitlement ended in 2000, well before Darlene and Jerry’s 2004 marriage. Darlene appealed, arguing that her 10-year eligibility period to claim DEA benefits through Jerry started to run when she became Jerry’s spouse in 2004, not when Jerry was classified as totally and permanently disabled in 1990. The VA countered, arguing it had discretion to set the beginning date of Darlene’s eligibility period for DEA benefits and that it was not required to start Darlene’s 10-year DEA benefits eligibility period on the date of her marriage to Jerry.

Rule of Law

Issue

Holding and Reasoning (Kasold, J.)

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