Citation Nr: 18151295 Decision Date: 11/16/18 Archive Date: 11/16/18 DOCKET NO. 17-62 678 DATE: November 16, 2018 ORDER An effective date prior to June 1, 2016 for the addition of the Veteran’s spouse, P., to his award of Department of Veterans Affairs (VA) disability compensation is denied. FINDING OF FACT The Veteran first submitted evidence of P.’s social security number to VA in May 2016, more than one year after the October 2013 rating decision that gave rise to the Veteran’s entitlement to additional compensation for dependents. CONCLUSION OF LAW The criteria for an effective date prior to June 1, 2016 for the addition of the Veteran’s spouse, P., to his award of VA disability compensation have not been met. 38 U.S.C. §§ 1115, 5110 (2012); 38 C.F.R. §§ 3.4, 3.204, 3.216, 3.401 (2017). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran, who is the appellant in this case, served on active duty from November 1965 to November 1967 and from November 1990 to July 1991. He also served in the North Carolina Army National Guard from March 1975 to June 1993. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a May 2016 decision of a VA Regional Office (RO), which added the Veteran’s current spouse, P., to his award of VA disability compensation, effective June 1, 2016. Laws and Analysis 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 last of the following dates: (1) the date of claim; (2) the date the dependency arises; (3) 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 service member’s award. 38 C.F.R. § 3.401(b). The “date of claim” for additional compensation for a dependent spouse is the date of the 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 U.S.C. § 5110; 38 C.F.R. § 3.401. Under 38 U.S.C. § 5101(a), a specific claim must be filed in order for benefits to be paid or furnished to any individual under the laws administered by VA. See also 38 C.F.R. § 3.151(a). The Secretary has authority to prescribe the nature and extent of the proof required in order to establish a right to VA benefits. See 38 U.S.C. § 501. 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). In Sharp v. Shinseki, 23 Vet. App. 267, 276 (2009), the United States Court of Appeals for Veterans Claims (Court) held that the effective date for additional compensation for dependents shall be the same date as the rating decision giving rise to such entitlement, irrespective of any previous grant of section 1115 benefits, if proof of dependents is submitted within one year of notice of the rating action. While the Court held that there can be “multiple rating decisions that establish entitlement to additional dependency compensation,” the Court still required that proof of dependent status be submitted within one year of notice of rating action. Id. Dependent compensation benefits were ultimately awarded to the appellant in Sharp on the effective date of the applicable rating increase. 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. A claimant must provide the social security number of any dependent on whose behalf he or she is seeking benefits. 38 C.F.R. § 3.216. Here, the Veteran contends that he is entitled to an effective date prior to June 1, 2016 for additional dependency benefits. He seeks an effective date of October 18, 2013 for the addition of P. as his dependent to his award of VA disability compensation. See November 2017 VA Form 9. The record indicates that October 2013 rating decision awarded service connection for Guillain-barre syndrome of the bilateral upper and lower extremities, and assigned a 10 percent rating for each extremity, effective August 27, 2012. His combined disability rating at that time was 50 percent. As such, the threshold criteria of a minimum 30 percent disability rating for basic entitlement to additional payment for dependents have been met since August 27, 2012. 38 U.S.C. § 1115. In his March 1992 initial claim for VA benefits, the Veteran first informed VA of his August 1978 marriage to P. He included the date and place of their marriage and P.’s full name, but did not provide P.’s social security number. In an October 2013 letter, VA notified the Veteran of his award of service connection for Guillain-barre syndrome of the bilateral upper and lower extremities and that additional information was required before additional benefits could be paid for his dependents. Enclosed in this letter was VA Form 21-686c, Declaration of Status of Dependents.” VA asked the Veteran to complete and return this form within one year of the date of this letter, otherwise benefits, if entitlement was established, may not be paid prior to the date of its receipt. In May 2016, the Veteran submitted VA Form 21-686c, reflecting that he was married to P. and informing VA of P.’s social security number for the first time. The Board finds that, while the Veteran partially provided relevant information regarding P’s dependency status prior to May 2016, he did not timely provide sufficient evidence to satisfy VA requirements for additional dependency benefits based on P. Specifically, he did not provide P.’s social security number within one year of the October 2013 letter notifying him that such information was required. See Jernigan v. Shinseki, 25 Vet. App. 220, 229-30 (2012). The Veteran did not provide P.’s social security number to VA until May 2016. The Board has reviewed all relevant evidence and finds no basis under the law to award an effective date earlier than June 1, 2016 for the addition of P. as the Veteran’s dependent to his award of VA disability compensation. While the Veteran informed VA in March 1992 initial claim of his marriage to P., he did not provide VA with P.’s social security number until May 2016. As such, the RO has already assigned the earliest possible effective date for the addition of P. as the Veteran’s dependent to his award of VA disability compensation. The Board recognizes the Veteran’s arguments that he should be granted an earlier effective date because he informed VA in his March 1992 initial claim of his marriage to P. However, as explained above, the law requires that a claimant must provide the social security number of any dependent on whose behalf he or she is seeking benefits. 38 C.F.R. § 3.216. As such, June 1, 2016 is the earliest possible effective date for the addition of P. as the Veteran’s dependent to his award of VA disability compensation, based on the Veteran’s May 2016 submission of P.’s social security number. Consequently, there is no legal basis upon which to grant an effective date prior to June 1, 2016, for the addition of P. as the Veteran’s dependent to his award of VA disability compensation. The Board sympathizes with the Veteran regarding the inequities he believes result from not being entitled to those dependents benefits at an earlier time. However, the Board is bound by the law and is without authority to grant benefits on an equitable basis. See 38 U.S.C. §§ 503, 7104; Burris v. Wilkie, 888 F.3d 1352, 1358 (Fed. Cir. 2018) (holding that “§ 503 provides the Secretary with the authority to grant the precise relief that Appellants request here [payment of moneys], and the Secretary has not delegated that authority”). The Board further observes that “no equities, no matter how compelling, can create a right to payment of the United States Treasury which has not been provided for by Congress.” See Smith v. Derwinski, 2 Vet. App. 429, 432-33 (1992), citing Office of Personnel Management v. Richmond, 496 U.S. 414, 426 (1990). The Board is bound by the law governing the assignment of effective dates in its determination in this case. See 38 U.S.C. § 7104(c). ROMINA CASADEI Acting Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD M. Thomas, Associate Counsel