Citation Nr: 20004546 Decision Date: 01/21/20 Archive Date: 01/21/20 DOCKET NO. 18-54 021 DATE: January 21, 2020 ORDER Entitlement to an effective date prior to February 01, 2017 for additional disability compensation for spouse Diane is denied. FINDING OF FACT A properly completed VA Form 21-686c claim for additional compensation for dependent spouse Diane was received by VA on January 13, 2017; and there is no prior unadjudicated claim for an additional compensation for a dependent. CONCLUSION OF LAW The criteria for an effective date prior to February 01, 2017 for additional compensation for the Veteran’s spouse Diane have not been met. 38 U.S.C. § 5110; 38 C.F.R. §§ 3.31, 3.151, 3.400. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from June 1979 to April 1986. This matter is on appeal from a RO decision issued on January 25, 2017. The undersigned notes that in July 2018, the Veteran submitted a RAMP Opt-In Election form; however, in September 2018 the RO notified the Veteran that his request could not be processed because he “did not select a lane to have your RAMP case processed.” See VA’s September 2018 letter to the Veteran. The RO added that the Veteran should “select a lane and sign and return the attached RAMP Opt-in Election within 60 days of the date of this letter.” The Veteran did not pursue the matter further, and in October 2018 the RO issued a statement of the case; which the Veteran timely appealed. See RO’s October 2018 statement of the case, and the Veteran’s November 2018 substantive appeal (VA Form 9). The matter thus remains pending in the Legacy system. 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). Entitlement to an effective date prior to February 01, 2017 for additional disability compensation. The Veteran is requesting an earlier effective date for the award of additional disability compensation based on his dependent spouse Diane. VA regulations provide that the effective date of an evaluation and award of compensation based on an original claim will be the date of receipt of the claim, or the date entitlement arose, whichever is later. 38 U.S.C. § 5110; 38 C.F.R. § 3.400. Effective March 24, 2015, a specific claim in the form prescribed by VA must be filed in order for benefits to be paid or furnished to any individual under the laws administered by VA. See 79 Fed. Reg. 57660 (Sept. 25, 2014), codified at 38 C.F.R. § 3.151(a). Payment of monetary benefits may not be made for any period prior to the first day of the calendar month following the month in which the award became effective. See 38 C.F.R. § 3.31. Facts In a letter dated May 11, 2004, VA apprised the Veteran that before VA could pay additional benefits for dependent(s), the Veteran needed to complete and submit VA Form 21-686c. See also notification letters to the Veteran dated March 24, 2009; March 25, 2009; June 19, 2009. In a telephone contact on August 12, 2011, the Veteran stated that he wanted to add his dependent spouse Diane to his award. During that conversation the VA agent advised the Veteran to “include a copy of the Marriage Certificate and Social Security Card.” See also RO’s September 20, 2011 letter to Veteran regarding the need for additional information to support the Veteran’s dependency claim. In a decision dated January 9, 2012, the RO advised the Veteran that his claim for additional compensation for dependent spouse Diane had been denied because the Veteran had not submitted the requested supportive information and documents. The RO added as follows: If we get the evidence by August 12, 2012 we can continue processing your claim. Information received after August 12, 2012 must be considered a new claim. That means any benefits you may be eligible for can’t start before the date we receive your new claim In a letter dated August 22, 2012, the RO again advised the Veteran that before VA can pay additional benefits for his dependents he should send a VA Form 21-686c Declaration of Status of Dependents. See RO’s August 22, 2012 letter to the Veteran. On January 13, 2017, the Veteran submitted a completed VA Form 21-686c Declaration of Status of Dependents along with requisite supporting documents. In a decision dated January 25, 2017, the agency of original jurisdiction (AOJ) added the Veteran’s spouse to the Veteran’s award and increased the Veteran’s monthly compensation payment effective February 01, 2017. The Veteran appealed the effective date of the increased compensation for dependents. See Veteran’s February 28, 2017 notice of disagreement; and November 2018 substantive appeal (VA Form 9). Analysis As stated before, in a January 9, 2012 decision, the RO denied the issue of additional compensation for the Veteran’s spouse Diane. In that decision the RO explained that the Veteran had provided inconsistent information regarding his and his spouse’s prior marriages; and apprised the Veteran that further evidence was needed to support the claim. The RO also advised the Veteran of his appeal rights. The Veteran did not respond to the January 9, 2012 decision. It is therefore final. See 38 C.F.R. § 3.104. On January 13, 2017, the Veteran submitted a new dependency allowance claim (VA Form 21-686c) for his spouse Diane. There is no prior unadjudicated claim for dependency allowance before January 2017; and the Veteran has not alleged clear and unmistakable error in the January 13, 2017 decision. In January 2017 the RO granted the January 2017 claim for dependency allowance with an effective date of February 01, 2017. VA regulations specifically provide that payment of monetary benefits may not be made for any period prior to the first day of the calendar month following the month in which the award became effective. 38 C.F.R. § 3.31. Accordingly, given the January 13, 2017 date of the dependency allowance claim (VA Form 21-686c), the earliest possible effective date of additional compensation for dependents is February 01, 2017. See Sabonis v. Brown, 6 Vet. App. 426, 430 (1994) (provided that where the law, and not the evidence, is dispositive of a claim, such claim should be denied because of the absence of legal merit or the lack of entitlement under the law). The criteria for an effective date prior to February 01, 2017 for the payment of additional compensation for dependents are thus not met. At this time, the Board notes the Veteran’s argument that he never received a dependency allowance during his longtime marriage to prior spouse Margie (see correspondence from Veteran dated in December 2019); however, this appeal pertains to the January 25, 2017 award of additional compensation for his current spouse Diane. Moreover, the Veteran does not aver that he submitted, and the record does not contain, a dependency allowance claim for former spouse Margie; although the Veteran was specifically and repeatedly instructed to complete and file a VA Form 21-686c if he wished to obtain additional compensation for his dependents. The argument for a running dependency allowance from a prior entitlement is thus without merit. The appeal is denied. C. CRAWFORD Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board P. Childers, 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.