Citation Nr: 18155986 Decision Date: 12/06/18 Archive Date: 12/06/18 DOCKET NO. 16-57 643 DATE: December 6, 2018 ORDER Entitlement to an effective date of November 7, 2012, but no earlier, for additional compensation for a dependent spouse is granted. FINDINGS OF FACT 1. The Agency of Original Jurisdiction (AOJ) awarded additional vocational rehabilitation subsistence allowance for the Veteran’s spouse in June and September 2006, and May 2007. 2. The Veteran’s combined disability rating increased to 30 percent as of November 7, 2012. CONCLUSION OF LAW After affording the Veteran the benefit of reasonable doubt, the criteria for an effective date of November 7, 2012, but no earlier, for additional compensation based on a dependent spouse have been met. 38 U.S.C. §§ 1115, 5110 (2012); 38 C.F.R. §§ 3.31, 3.401 (2018). REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran served on active duty from December 1968 to January 1969 and from November 1975 to June 1976. This matter is before the Board of Veterans’ Appeals (Board) on appeal from a May 2016 decision letter by a Department of Veterans Affairs Regional Office (RO). 1. Entitlement to an effective date prior to June 1, 2016, for additional compensation for a dependent spouse. The Veteran seeks an earlier effective date for the grant of additional compensation for a dependent spouse. A review of the evidence of record shows that the Veteran was awarded vocational rehabilitation subsistence allowance in June 2006 which included an additional allowance for his spouse. Subsequent notifications regarding the Veteran’s vocational rehabilitation in September 2006 and May 2007 further noted additional allowances for the Veteran’s spouse. A March 2013 rating decision granted service connection for painful scars and recurrent subluxation/lateral instability right knee. As a result, the Veteran’s combined disability rating increased to 30 percent as of November 7, 2012. In a March 2013 letter, the Veteran was notified that as a result of his combined 30 percent evaluation, he might be eligible for additional benefits based on dependency. The Veteran was instructed to complete and return VA Form 21-686c, Declaration of Status of Dependents. The Veteran was further notified that if he submitted the enclosed form, retroactive benefits for dependents could be awarded. The Veteran submitted VA Form 21-686c in May 2016, and a change in his spouse status became effective June 1, 2016. The Veteran’s VA Form 21-686c reflects he was married in April 1981. The Veteran was notified of his additional benefits for dependents in May 2016. The Veteran filed a timely notice of disagreement (NOD) in July 2016. In his NOD, the Veteran asserted that he had faxed a completed VA form 21-686c to his representative in May 2013, but that his representative did not submit his form until June 2016. An August 2016 VA Form 21-4138 noted that representative stated that no VA Form 21-686c from the Veteran was received by their office in 2013. In his October 2016 VA Form 9, Substantive Appeal, the Veteran asserted that he had notified the AOJ of his married status in approximately March 1981. In addition, the Veteran stated that his vocational and student loans had verified his marital status. A Veteran who is in receipt of disability compensation of 30 percent or more is entitled to an additional allowance for each dependent. See 38 U.S.C. § 1115. The effective date of an award of additional compensation for dependents based on the establishment of a 30 percent or more rating will be the latest of the following dates: (1) date of claim for dependency; (2) 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 dependents is the date of the Veteran’s marriage or birth/adoption of a child, 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(f), (n); 38 C.F.R. § 3.401(b)(1). The earliest date that an additional award of compensation for a dependent spouse can occur is the first day of the calendar month following the month in which the award became effective. 38 C.F.R. § 3.31. After a review of the evidence of record, the Board finds that after affording the Veteran the benefit of reasonable doubt, entitlement to an effective date earlier than June 1, 2016 is warranted for compensation for a dependent spouse. As noted above, with regard to the Veteran’s vocational rehabilitation subsistence allowance, the AOJ had awarded additional allowance for his spouse as early as June 2006. Therefore, the evidence of record shows the AOJ had recognized the Veteran’s marital status prior to the March 2013 rating decision that increased his combined disability rating to 30 percent. As the 30 percent evaluation became effective November 7, 2012, the Board finds that the Veteran is entitled to an effective date no earlier than November 7, 2012 for the grant of dependency benefits for his spouse. The claim is granted. S. HENEKS Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD C. Lamb, Associate Counsel