Citation Nr: 20002113 Decision Date: 01/09/20 Archive Date: 01/09/20 DOCKET NO. 19-10 865 DATE: January 9, 2020 ORDER An effective date of August 7, 2009, for the addition of the Veteran’s spouse, K., as his dependent to his award of Department of Veterans Affairs (VA) disability compensation is granted. FINDING OF FACT In July 2010, the Veteran first notified VA of his August 2009 marriage to K. CONCLUSION OF LAW The criteria for an effective date of August 7, 2009, for the addition of the Veteran’s spouse, K., as his dependent to his award of VA disability compensation have been met. 38 U.S.C. §§ 1115, 5110 (2012); 38 C.F.R. §§ 3.4, 3.204, 3.400, 3.401 (2018). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran, who is the appellant in this case, served on active duty from September 1983 to July 1986 and from April 1987 to June 2004. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a February 2018 decision of a VA Regional Office (RO). The Board has limited the discussion below to the relevant evidence required to support its finding of fact and conclusion of law, as well as to the specific contentions regarding the case as raised directly by the Veteran and those reasonably raised by the record. See Scott v. McDonald, 789 F.3d 1375, 1381 (Fed. Cir. 2015); Robinson v. Peake, 21 Vet. App. 545, 552 (2008); Dickens v. McDonald, 814 F.3d 1359, 1361 (Fed. Cir. 2016). Entitlement to an effective date prior to December 28, 2016 for the addition of the Veteran’s spouse, K., as his dependent to his award of VA disability compensation. 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 veteran'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). 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. Here, the Veteran's service-connected disabilities are rated at least 30 percent from July 1, 2004. As such, the threshold criteria of a minimum 30 percent disability rating for basic entitlement to additional payment for dependents has been met since July 1, 2004. 38 U.S.C. § 1115. In this case, the record indicates that the Veteran married K. in August 2009. See February 2018 VA Form 21-686c, Declaration of Status of Dependents. The RO assigned an effective date of December 28, 2016, for the addition of K. as the Veteran’s dependent to his award of VA disability compensation. This was based on the February 2018 VA Form 21-686c, Declaration of Status of Dependents, which was received within one year of the August 7, 2017 rating decision, which adjudicated the disability claims which were filed on December 28, 2016. However, the record reflects that the Veteran first informed VA in July 2010 of his August 2009 marriage to K. See July 2010 VA Form 21-686c. The Board notes that the July 2010 VA Form 21-686c is part of the Veteran’s VA Vocational Rehabilitation and Employment (VRE) folder, which was added to the Veteran’s electronic claims folder in February 2018. Thus, the Veteran informed VA of his August 2009 marriage to K. within one year of the marriage. As the Veteran submitted a properly completed VA Form 21-686c within one year of his August 2009 marriage to K., an earlier effective date of August 7, 2009, the date of his marriage to K., for the addition of the Veteran's spouse as his dependent to his award of VA disability compensation is warranted. See 38 C.F.R. §§ 3.4(b)(2), 3.401(b)(3). S. B. MAYS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board M. Thomas, Counsel The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.