Citation Nr: 18151540 Decision Date: 11/19/18 Archive Date: 11/19/18 DOCKET NO. 15-02 015 DATE: November 19, 2018 ORDER The rate of pay effective May 1, 2014, following removal of the Veteran's spouse from his VA disability compensation award due to her death was correct and the claim is denied. FINDING OF FACT 1. A review of a VA Form 21-686c, “Declaration of Status of Dependents,” dated on January 23, 2010, and date-stamped as received by the Agency of Original Jurisdiction (AOJ) on January 26, 2010, shows that the Veteran reported that his spouse, K. M. J., was his only dependent. 2. A review of a VA Form 27-0820, “Report of General Information,” dated on April 10, 2014, shows that the Veteran reported that his dependent spouse had died on April [redacted], 2014, in a telephone call with the AOJ. 3. A VETSNET Award Print generated on May 4, 2014, and included in the Veteran’s claims file shows that the AOJ reduced his rate of VA disability compensation to $ 2,858.24 per month effective May 1, 2014, following removal of his deceased spouse from this award. 4. The AOJ notified the Veteran in a letter dated on May 5, 2014, that his spouse had been removed from his VA disability compensation award due to her death and his new monthly entitlement was $ 2,858.24 effective May 1, 2014. 5. A review of Veterans Compensation Benefits Rate Tables shows that the rate of VA disability compensation for a single Veteran with a combined disability rating for compensation of 100 percent and no dependents is $ 2,858.24 per month effective December 1, 2013. 6. In statements on a VA Form 21-0958, “Notice of Disagreement,” dated on May 16, 2014, and date-stamped as received by the AOJ on May 19, 2014, the Veteran disagreed with the rate of pay he began receiving effective May 1, 2014, following the death of his spouse and her removal from his VA disability compensation award. CONCLUSION OF LAW The rate of pay effective May 1, 2014, following removal of the Veteran’s spouse from his VA disability compensation award due to her death was correct. 38 U.S.C. §§ 1115, 5103, 5103A, 5107 (West 2012); 38 C.F.R. § 3.4(b)(2) (2017). REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran had active service from October 1968 to December 1972, including in combat in the Republic of Vietnam from July 1971 to April 1972. The Veteran appointed his current service representative to represent him by filing a completed VA Form 21-22 at the AOJ in August 2018. The Board finds that the Veteran’s claim must be denied as a matter of law. Although the Veteran does not dispute the propriety of removing his spouse from his VA disability compensation award effective May 1, 2014, due to her death, he essentially contends that the rate of pay effective May 1, 2014, which he received from VA following removal of his spouse from his disability compensation award due to her death was incorrect. The Board emphasizes that the Veteran does not dispute the propriety of the removal of his spouse from his VA disability compensation award due to her death and commends him for reporting her death to the AOJ promptly. A review of the Veteran’s claims file shows that he reported that his spouse, K. M. J., was his only dependent on a VA Form 21-686c, “Declaration of Status of Dependents,” dated on January 23, 2010, and date-stamped as received by the Agency of Original Jurisdiction (AOJ) on January 26, 2010. The Board notes in this regard that it is undisputed that the Veteran and his spouse, K. M. J., were validly married and he received additional compensation for his spouse in his VA disability compensation award from the date that he reported their valid marriage until the date of her death. The Board also notes that it is undisputed that the Veteran’s combined disability rating for compensation is 100 percent effective June 6, 1984, including at all times relevant to this appeal. The Board observes in this regard that a Veteran receiving compensation for disability rated at 30 percent or more may be entitled to additional compensation for their dependents. See 38 U.S.C. § 1115 (West 2012); 38 C.F.R. § 3.4(b)(2) (2017). As noted above, the Veteran reported his spouse’s death to the AOJ the day after it happened. The AOJ took appropriate financial action following the Veteran’s telephone call when he reported his spouse’s death by removing her from his VA disability compensation award effective on the first day of the month following her death. The AOJ also appropriately informed the Veteran of the removal of his spouse from his VA disability compensation award due to her death and the effective date of his new monthly compensation amount of $ 2,858.24 in May 2014 correspondence. The Board commends the AOJ for its prompt actions in removing the Veteran’s spouse from his VA disability compensation award due to her death, preventing any overpayment of VA disability compensation to the Veteran and ensuring that his VA disability compensation payments would continue without interruption. As noted, the Veteran’s argument in this appeal is that the AOJ somehow erred in paying him less beginning on May 1, 2014, due to the removal of his spouse from his VA disability compensation award following her death. The Board finds that this argument is without merit. A review of the relevant Veterans Compensation Benefits Rate Tables, available at VA’s website and published annually in the Federal Register, shows that the rate of VA disability compensation for a single Veteran with a combined disability rating for compensation of 100 percent and no dependents is $ 2,858.24 per month effective December 1, 2013. See https://www.benefits.va.gov/COMPENSATION/resources_comp0113.asp (last viewed November 14, 2018). The Veteran has never identified any dependents other than his late wife, K. M. J., whose status as his dependent would entitle him to additional VA disability compensation. In other words, the Veteran does not contend – and the evidence does not show – that he is entitled to additional compensation for any dependents other than his spouse. As noted elsewhere, he informed the AOJ of the death of his spouse and she was removed from his VA disability compensation award following her death. Due to the death of his spouse (his only dependent), the Veteran is no longer entitled to receive additional VA disability compensation for her. Thus, the Board finds that the rate of pay effective May 1, 2014, following removal of the Veteran’s spouse from his VA disability compensation award due to her death was correct and the claim must be denied. See Sabonis v. Brown, 6 Vet. App. 426, 430 (1994). R. FEINBERG Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Michael T. Osborne, Counsel