Citation Nr: 18143404 Decision Date: 10/19/18 Archive Date: 10/18/18 DOCKET NO. 17-00 256 DATE: October 19, 2018 ORDER An earlier effective date for the additional amount payable for the Veteran's dependent spouse, J.S., is denied. FINDING OF FACT The VA did not receive a complete claim for dependency allowance for the Veteran’s wife, J.S., prior to September 11, 2011. CONCLUSION OF LAW The criteria for an effective date prior to September 11, 2011, for the award of dependency allowance for the Veteran’s wife, J.S., have not been met. 38 U.S.C. §§ 1115, 5103(a), 5110; 38 C.F.R. §§ 3.4, 3.31, 3.109, 3.401. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran, who is the appellant, had active duty service from August 1944 to August 1946 and from August 1950 to August 1955. He received the Purple Heart. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an April 2013 administrative decision by a Department of Veterans Affairs (VA) Regional Office (RO), which added the Veteran’s spouse, J.S., as a dependent. The Veteran and his son testified before the undersigned Veterans Law Judge (VLJ) at a Board hearing in November 2017. This matter was before the Board in February 2018, at which time it was remanded for the issuance of a Supplemental Statement of the Case (SSOC). An SSOC was subsequently issued in June 2018. Entitlement to an earlier effective date for the additional amount payable for the Veteran's dependent spouse, J.S. A veteran who is in receipt of disability compensation of 30 percent or more is entitled to additional compensation for each dependent. 38 U.S.C. § 1115; 38 C.F.R. § 3.4(b)(2). The effective date for additional compensation for a dependent is the latest of the following dates: (1) the date of the claim; (2) the date of the 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) the date of the veteran’s award. 38 C.F.R. § 3.401(b). The “date of claim” for additional compensation for dependents is the date of a veteran’s marriage, if evidence of the event is received within a year of the event; otherwise, the date notice is received of the dependent’s existence, if evidence is received within a year of notification of such rating action. 38 C.F.R. § 3.401(b)(1). The commencement of payment for additional compensation for a dependent begins the first day of the month following the effective date. 38 C.F.R. § 3.31. If a claimant’s application is incomplete, he or she will be notified of the evidence necessary to complete the application. If the evidence is not received within one (1) year from the date of such notification, compensation may not be paid by reason of that application. 38 C.F.R. § 3.109. In the present case, the VA received a declaration of status dependents in October 2003, which indicated that the Veteran married J.S. in March 2003. In response, the VA sent a letter to the Veteran in October 2003 and requested additional information in order to process the dependency claim, including the month of the Veteran’s divorce from his previous wife and the month, city, and state of J.S.’s divorce from her previous husband. In the October 2003 letter, the VA notified the Veteran that he must respond with the requested information within one year of the date of the letter or the VA would be unable to pay back to the date of his original claim if his claim was ultimately granted. After a review of the evidence, the Board finds that the Veteran did not respond with the requested information within one year of the October 2003 letter. Accordingly, the October 2003 declaration status of dependents application was incomplete and compensation may not be paid by reason of that application. See 38 C.F.R. § 3.109. The VA did not receive a subsequent declaration of status of dependents until September 11, 2011, which indicated that Veteran was married to J.S. in March 2003. The Veteran subsequently submitted the marriage certificate for his marriage to J.S., divorce decree and death certificate for his previous wife, and death certificate for J.S.’s previous husband. Based on a complete application, J.S. was added to the Veteran’s award as a dependent, effective September 11, 2011. After a review of the evidence, the Board finds that an effective date prior to September 11, 2011, for additional dependency allowance for the Veteran’s wife, J.S., is not warranted. In this regard, the Veteran did not submit a complete application for dependency allowance for his wife, J.S., prior to September 11, 2011. His October 2003 application was deemed incomplete and the Veteran did not supply the requested information within one year from the date of notice of the incomplete application. The Board acknowledges the Veteran’s assertions that he submitted all evidence necessary in 2003. However, based on the evidence of record, it does not appear that he submitted a complete application until after September 2011. While the Board is sympathetic to the Veteran, it does not have a legal basis to grant an earlier effective date for dependency allowance prior to September 11, 2011. Accordingly, the Board finds that the preponderance of the evidence weighs against an effective date for dependency allowance for the Veteran’s spouse, J.S., prior to September 11, 2011. Paul Sorisio Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD S. Hurley, Associate Counsel