Citation Nr: 18161336 Decision Date: 12/31/18 Archive Date: 12/31/18 DOCKET NO. 16-57 459 DATE: December 31, 2018 ORDER An effective date prior to January 21, 2016, for the addition of dependent L.P. to the Veteran’s award of Department of Veterans Affairs (VA) disability compensation is denied. FINDING OF FACT The Veteran first notified VA of her marriage to L.P. on January 21, 2016. There is no probative evidence that she notified VA of her marriage to L.P. prior to that date. CONCLUSION OF LAW The criteria for an effective date prior to January 21, 2016 for the addition of dependent L.P. to the Veteran’s award of VA disability compensation have not been met. 38 U.S.C. §§ 1115, 5110 (2012); 38 C.F.R. §§ 3.4, 3.204, 3.401 (2018). REASONS AND BASES FOR FINDING AND CONCLUSION 1. Effective date A veteran who is in receipt of disability compensation of 30 percent or more is entitled to an additional allowance for dependents. 38 U.S.C. § 1115. The enabling regulation provides the effective date for additional compensation for dependents will be the latest of the following dates: (1) date of claim; (2) date dependency arises; (3) effective date of the qualifying disability rating provided evidence of dependency is received within one year of notification of such rating action; (4) date of commencement of veteran’s award. 38 C.F.R. § 3.401 (b). Importantly, under this regulation, date of claim means date of the Veteran’s marriage if evidence of the event is received within one year, otherwise the date of claim is the date VA receives notice of the dependent’s existence (so long as evidence is received within one year of a request for information by VA). Id. Further, 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. Here, the Veteran contends that she is entitled to an effective date prior to January 21, 2016 for additional dependency benefits. She asserts that she first informed VA in late 2014 of her August 2014 marriage to L.P. She states that in early 2015 she contacted the VA and was told to give the processing about a year. She called again in early 2016 and was told there was no such record of her adding her spouse to her award. She then refiled the claim in January 2016. The record indicates that the Veteran has been in receipt of a disability rating in excess of 30 percent disability since July 2, 2001. Therefore, she was entitled to additional compensation for dependents. The Board is cognizant of the Veteran’s argument that she did, indeed notify VA of her marriage, however, the record does not reveal any evidence of a contact at that time. The United States Court of Appeals for Veterans Claims (Court) has ruled that there is a presumption of regularity under which it is presumed that government officials have properly discharged their official duties. Clear evidence to the contrary is required to rebut the presumption of regularity. Ashley v. Derwinski, 2 Vet. App. 307 (1992), (citing United States v. Chemical Foundation, Inc., 272 U.S. 1, 14-15 (1926)). The Court has also specifically held that a statement by a claimant, standing alone, is not sufficient to rebut the presumption of regularity in VA operations. Id. While Ashley dealt with regularity of procedures at the Board, in Mindenhall v. Brown, 7 Vet. App. 271 (1994), the Court applied this presumption of regularity to procedures at the RO. Under Mindenhall, there is a presumption of regularity of the administrative process when there is a lack of clear evidence to the contrary. The record does not reflect the Veteran reported her current marriage prior to submitting the January 2016 Declaration of Status of Dependents. Her statements that she provided information about her current marriage in late 2014, standing alone, are not the clear evidence necessary to rebut the presumption of regularity. (Continued on the next page)   Thus, the Board finds that VA first received notice of the Veteran’s current marriage on January 21, 2016. The appropriate date to commence payment of increased compensation based on this dependency was February 1, 2016, the first day of the month following the effective date. See 38 C.F.R. § 3.31, 3.401(b). M. Tenner Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Diane M. Donahue Boushehri, Counsel