Citation Nr: 20003825 Decision Date: 01/16/20 Archive Date: 01/15/20 DOCKET NO. 18-52 675 DATE: January 16, 2020 ORDER An effective date of March 31, 2014, but not earlier, 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. FINDINGS OF FACT 1. The Veteran and K. were married in March 1965. 2. The Veteran’s February 9, 2005 claim for benefits included a claim for recognition of the Veteran’s spouse K. as his dependent for VA purposes, and was the Veteran’s initial notification to VA of his marriage to A. 3. In an October 2014 rating decision, the Veteran was awarded a combined disability rating of 40 percent, effective March 31, 2014. 4. In the August 2017 decision on appeal, VA first adjudicated the Veteran’s February 2005 claim for recognition of his spouse, K., as his dependent for VA purposes. CONCLUSION OF LAW The criteria for an effective date of March 31, 2014, but not earlier, 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, 3.102, 3.114, 3.204, 3.400, 3.401 (2018). REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran served on active duty from August 1961 to August 1965. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an August 2017 decision of a VA Regional Office (RO). Earlier Effective Date for the Addition of the Veteran’s Spouse The Veteran’s spouse, K., was added as his dependent to his award of VA disability compensation effective September 1, 2017. He contends that an earlier effective date is warranted. 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. In a February 2005 claim for disability benefits, the Veteran first notified VA that he and K. were married in March 1965 in Wyoming, and that neither had been previously married. The Board finds that this was his initial claim for recognition of his spouse, K., as his dependent for VA purposes. On the same day, the Veteran submitted a copy of a marriage certificate indicating that he and K. were married in March 1965 in the state of Wyoming. In October 2005, the RO adjudicated multiple disability claims, which resulted in a 10 percent combined disability rating, effective February 9, 2005. The RO did not adjudicate the Veteran’s claim for recognition of his spouse, K., as his dependent for VA purposes. Thereafter, in a March 2013 rating decision, the RO adjudicated multiple disability claims, resulting in a combined disability rating of 20 percent, effective October 11, 2012. Again, the RO did not adjudicate the Veteran’s claim for recognition of his spouse, K., as his dependent for VA purposes. Subsequently, in an October 2014 rating decision, the RO adjudicated a disability claim, resulting in a combined disability rating higher than 30 percent, effective March 31, 2014. In August 2017, the Veteran submitted VA Form 21-686c, Declaration of Status of Dependents, indicating that he and K. were married in March 1965. In the August 2017 decision on appeal, the RO recognized K. as the Veteran’s dependent spouse for VA purposes, effective September 1, 2017. After careful review of the record, the Board finds that an earlier effective date of March 31, 2014, the effective date of the initial award of a combined rating of at least 30 percent, is warranted. Clearly, the Veteran submitted a claim for recognition of K. as his dependent for VA purposes in February 2005. However, this claim was not adjudicated by VA until the August 2017 decision on appeal, and he did not meet the basic eligibility requirements for additional compensation for dependents until March 31, 2014. For these reasons, and resolving reasonable doubt in the Veteran’s favor, the Board finds that an effective date of March 31, 2014, is warranted for the addition of the Veteran’s spouse, K., as his dependent to his award of VA benefits. JAMES G. REINHART Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. Yaffe, Associate 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.