Darlene S. Cypert v. James B. Peake

KASOLD, Judge:

Darlene S. Cypert, wife of veteran Jerry L. Cypert, who has a 100% total disability rating, permanent in nature, appeals from a December 13, 2006, Board of Veterans’ Appeals (Board) decision that denied her entitlement to Dependents’ Education Assistance (DEA) benefits under Chapter 35 of Title 3 8 of the United States Code. For the reasons set forth below, the Board’s decision will be reversed and the matter remanded for further adjudication consistent with this decision.

I. BACKGROUND

Veteran Jerry L. Cypert served on active duty from August 1966 to December 1969. On October 30,…