Citation Nr: 18142087
Decision Date: 10/12/18	Archive Date: 10/12/18

DOCKET NO. 16-24 267
DATE:	October 12, 2018
ORDER
Entitlement to dependency benefits for the Veteran’s child from October 25, 2014 through June 11, 2015, is granted.
FINDING OF FACT
The Veteran’s daughter was over 18 years old but attended school from October 25, 2014 until her graduation on June 11, 2015.
CONCLUSION OF LAW
The criteria for dependency benefits for the Veteran’s child from October 25, 2014 through June 11, 2015 have been met.  38 U.S.C. §§ 1115, 3562; 38 C.F.R. §§ 3.667, 3.707, 21.3023. 
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran had active duty service from June 1977 to March 1992.
Entitlement to dependency benefits for the Veteran’s child after October 25, 2014.
In a July 2015 Notification Letter, the Veteran was advised that his claim for additional dependency benefits had been granted because he met the criteria for establishing a relationship and had at least a 30 percent disability compensation evaluation.  The award for additional dependency benefits for R.A.M., as his child, was made effective from December 12, 2011 to October 25, 2014.  From October 25, 2014, R.A.M was determined to be over the age of 18 and not attending school.
In September 2015, the Veteran filed a notice of disagreement with VA’s decision to remove his child, R.A.M., as a dependent from his VA compensation award, effective October 25, 2014.  The Veteran contended that while R.A.M. had been over the age of 18, she continued to live in his house and was a student until her graduation date in June 2015.  
In general, any veteran whose disability is rated not less than 30 percent shall be entitled to additional compensation for his or her eligible dependents, including a child under the age of 18 years.  38 U.S.C. § 1115.  That additional compensation may be extended beyond the child’s 18th birthday based upon school attendance if the child was at that time pursuing a course of instruction at an approved educational institution and a claim for such benefits is filed within one year from the child’s 18th birthday.  38 C.F.R. § 3.667(a)(1).
While the Veteran did not complete the VA Form 21-674, which was provided to him in July 2015 and again in March 2016 to confirm his daughter’s school attendance, he did subsequently submit along with his May 2016 VA Form 9, substantive appeal, a copy of her school transcript.  The school transcript confirms that his daughter, R.A.M., was in school from 2014 to 2015, and that she graduated on June 11, 2015. 
In light of additional information from the Veteran’s daughter’s school transcript, the Board finds the Veteran is entitled to extended additional dependency benefits for the period of October 25, 2014 through June 11, 2015 based on R.A.M.’s school attendance.
 
A. ISHIZAWAR
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	K. Churchwell, Associate Counsel