Citation Nr: 18140944 Decision Date: 10/09/18 Archive Date: 10/09/18 DOCKET NO. 16-11 296 DATE: October 9, 2018 ORDER Entitlement to an effective date earlier than September 18, 2014, for a dependency determination for the Veteran’s children, G.E. and S.E., is denied. FINDING OF FACT The Veteran first notified VA of the existence of his dependent children G.E. and S.E. in a status of dependents questionnaire received by VA on September 18, 2014. CONCLUSION OF LAW The criteria for an effective date earlier than September 18, 2014, for payment of additional compensation based on G.E. and S.E.’s status as the Veteran’s dependent child have not been met. 38 U.S.C. §§ 1115, 5102, 5107, 5124 (2012); 38 C.F.R. §§ 3.4, 3.31, 3.57, 3.204, 3.400, 3.401(b) (2017). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from April 1998 to May 2006. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a December 2014 decision of the Department of Veterans Affairs (VA) Regional Office (RO) that awarded additional compensation benefits based on G.E. and S.E.’s status as the Veteran’s dependent children, effective September 18, 2014. The Veteran testified before the undersigned via videoconference at a hearing in April 2017. A transcript of the hearing is of record. The record was held open for 30 days after the hearing to allow the Veteran or his representative to submit additional information in support of his claim. No additional information was received. Dependency Determination The Veteran contends that he should be entitled to additional compensation based on G.E. and S.E.’s status as his dependent children from the date of their births. Veterans who have service-connected disabilities rated as 30 percent disabling and higher may be entitled to additional compensation for dependents. 38 U.S.C. § 1115; 38 C.F.R. § 3.4(b)(2). When determining the effective date for an award of additional compensation for dependents, the effective date will be the latest of the following dates: (1) the date of claim, meaning the date of birth of the child if the evidence of the event is received within one year of the event, otherwise the date notice is received of the dependent’s existence, if evidence is received within one year of the VA request; (2) the date dependency arises; (3) the effective date of the qualifying disability rating provided evidence of dependency is received within a year of notification of such rating action; or (4) date of commencement of the veteran’s award. 38 C.F.R. § 3.401(b). If a claimant’s application for a benefit under the laws administered by the Secretary is incomplete, the Secretary shall notify the claimant and the claimant’s representative, if any, of the information necessary to complete the application. 38 U.S.C. § 5102(b). If information that a claimant and the claimant’s representative, if any, are notified under subsection (b) is necessary to complete an application is not received by the Secretary within one year from the date such notice is sent, no benefit may be paid or furnished by reason of the claimant’s application. 38 U.S.C. § 5102(c). Except as otherwise provided by law, a claimant has the responsibility to present and support a claim for benefits under laws administered by the Secretary. 38 U.S.C. § 5107(a). VA will accept, for purposes of determining entitlement to benefits under laws administered by VA, the statement of a claimant as proof of marriage, dissolution of a marriage, birth of a child, or death of a dependent, provided that the statement contains: the date (month and year) and place of the event; the full name and relationship of the other person to the claimant; and the social security number of the other person. 38 U.S.C. § 5124; 38 C.F.R. § 3.204. In a July 2006 rating decision, the RO granted a combined disability rating of 60 percent, effective May 18, 2006. As such, the Veteran was eligible for additional compensation based on any dependents as of that date. The RO sent a July 2006 notification letter informing the Veteran that he was being paid as single with no dependents. The Veteran submitted a declaration of status of dependents indicating he was married and had one child, received in August 2006. In an August 2006 letter, the RO adjusted the Veteran’s compensation award to include his wife and child effective June 2006. The letter instructed the Veteran to tell VA immediately if there is any change in the number of status of dependents. The record does not contain any notification of the status of additional dependents until September 2014. In August 2014, VA sent a letter to the Veteran indicating that his compensation included an additional amount for his spouse and child. The letter notified the Veteran that he is responsible for reporting any changes in the number of dependents. In response, the Veteran submitted a status of dependents questionnaire, received by VA in September 2014, identifying additional children, G.E., born in October 2007, and S.E., born in December 2011. In December 2014, VA notified the Veteran that his compensation had been adjusted to include his dependent children, G.E. and S.E., effective September 18, 2014. The Veteran contends that he should be granted an earlier effective date for additional dependency benefits back to the date of birth of his children, G.E. and S.E., as the VA clinic was aware of his children and he did not know that they were not added to his record until he received the August 2014 letter from VA. After consideration of the facts of the case, the Board finds that the assignment of the effective date of September 18, 2014, for the grant of additional VA compensation of the Veteran’s dependents G.E. and S.E., was proper. Entitlement to additional compensation benefits based on G.E. and S.E.’s status as the Veteran’s children arose on September 18, 2014, as this is the date VA received the Veteran’s statement providing the date, place of birth, full name, and social security number of his dependent children G.E. and S.E. The date of dependency determination can only be the date of the children’s birth if evidence of the event is received within one year of the event. 38 C.F.R. § 3.401(b). An earlier effective date based on the dependents’ date of births is not warranted because VA did not receive evidence of their dependency within a year of their birth. The Board acknowledges the Veteran’s belief that he filled out paperwork regarding his children shortly after their births. However, VA has no record of receiving information as to G.E. and S.E.’s birth prior to September 18, 2014. There is a presumption of regularity that government officials have properly discharged their official duties. See Miley v. Principi, 366 F.3d 1343, 1347 (Fed. Cir. 2004); see also Butler v. Principi, 244 F.3d 1337, 1339 (Fed. Cir. 2001). The Veteran’s statements that he believes he filled out paperwork that is not present in the record does not constitute clear evidence to the contrary to rebut the presumption of administrative regularity in the processing of a claim for additional compensation for dependents. (CONTINUED ON NEXT PAGE)   Accordingly, an effective date prior to September 18, 2014, is not warranted. There is no reasonable doubt to be resolved as to this issue. 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102. JAMES G. REINHART Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Norah Patrick, Associate Counsel