Citation Nr: 20021051 Decision Date: 03/24/20 Archive Date: 03/24/20 DOCKET NO. 16-52 144 DATE: March 24, 2020 ORDER Entitlement to additional compensation for the Veteran’s dependent son based on his school attendance at DeVry University, for the period from September 1, 2014 to March [REDACTED], 2015, is granted. FINDINGS OF FACT 1. The Veteran’s son turned 18 years old on March [REDACTED], 2010; he turned 23 years old on March [REDACTED], 2015. 2. The Veteran received additional compensation for his son, after his eighteenth birthday, until September 1, 2014 based on school attendance. 3. The Veteran filed a timely executed VA Form 21-674 (Request for Approval of School Attendance) in August 2016 as to his son’s continued school attendance. 4. The evidence of record demonstrates that the Veteran’s son attended an approved educational institution continuously after high school, until he graduated in December 2015. CONCLUSION OF LAW The criteria for additional benefits based on school attendance of the Veteran’s dependent son, from September 1, 2014 to March [REDACTED], 2015, have been met. 38 U.S.C. § 101; 38 C.F.R. §§ 3.57, 3.503, 3.667. REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran served on active duty from February 1989 to November 1998. This case was initially before the Board in August 2019, when it was remanded for further development. The Board notes that although the August 2019 BVA Remand directives have not all been completed, in that a supplemental statement of the case (SSOC) has not been issued, because the Board is granting in full the benefit sought on appeal, these procedural errors are deemed to be non-prejudicial to the Veteran. 1. Whether the Veteran is entitled to additional monetary benefits due to his dependent son’s attendance at DeVry University. Veterans who are entitled to compensation for service-connected disabilities are entitled to additional compensation for dependents, including a spouse and a dependent child, provided that the disability is rated not less than 30 percent disabling. See 38 U.S.C. § 1115. The term “child of the Veteran” includes an unmarried person who is a legitimate child who, after reaching the age of 18 years and until completion of education or training (but not after reaching the age of 23 years) is pursuing a course of instruction at an educational institution approved by VA. 38 C.F.R. § 3.57. See also 38 U.S.C. §§ 101(4)(A), 104(a). According to 38 C.F.R. § 3.667(a)(1), additional pension or compensation may be paid from a child’s 18th birthday based upon school attendance, if the child was at that time pursuing a course of instruction at an approved educational institution, and a claim for such benefits is filed within one year from the child’s 18th birthday. Pension or compensation based upon a course of instruction at an approved educational institution which was begun after a child’s 18th birthday may be paid from the commencement of the course, if a claim is filed within one year from that date. 38 C.F.R. § 3.667(a)(2). In this matter, the Veteran received additional compensation for his son, after his eighteenth birthday, until September 1, 2014 based on school attendance. At that time, the additional compensation was discontinued based on a finding that the son was scheduled to graduate at that time. The Veteran argues that the additional compensation he received for his son should have continued beyond September 1, 2014, because he was continually enrolled as a full-time college student until his graduation in December 2015. In support of that assertion, he most recently submitted to the VA a timely VA Form 21-674 (Request for Approval of School Attendance) in August 2016. The Veteran contends that an award of additional benefits for the period from September 1, 2014 to March [REDACTED], 2015 (the date of his son’s 23rd birthday) should apply here. The Board agrees. The Veteran has been in receipt of compensation benefits in the amount of 40 percent since November 22, 1998, in the amount of 60 percent from May 3, 2000 to October 20, 2002, at 100 percent from October 21, 2002 to November 30, 2002, and in the amount of 60 percent since December 1, 2002. The record shows that the Veteran’s son turned 18 years old on March [REDACTED], 2010; he turned 23 years old on March [REDACTED], 2015. As indicated above, based upon school attendance following the son’s eighteenth birthday, the Veteran received additional compensation until September 1, 2014. The RO discontinued benefits on September 1, 2014 on the basis that the Veteran’s son was expected to have graduated by that point. However, in an August 2016 timely filed VA Form 21-674 (Request for Approval of School Attendance) the Veteran informed VA that his son was not expected to graduate until December 18, 2015. The RO has disputed that the Veteran’s son attended a VA approved educational institution between September 1, 2014 and March [REDACTED], 2015 (the date of his 23rd birthday). Pursuant to an August 2019 BVA Remand it was confirmed that the school attended by the Veteran’s son, DeVry University, was VA approved up until May 31, 2015. The Board recognizes that the evidence of record was initially unclear regarding whether or not DeVry University was an approved VA educational institution. However, this confusion has been resolved, and it has been confirmed that it was approved through May 31, 2015. See January 2020 Email found in File. As such, the Board finds that additional compensation based upon benefits for a dependent child is warranted here. As the Veteran timely filed the VA Form 21-674, the evidence now clearly shows that the Veteran’s son was enrolled in a VA approved educational institution between September 1, 2014 and March [REDACTED], 2015 (the date of his son’s 23rd birthday). See 38 U.S.C. § 104; 38 C.F.R. § 3.57(a)(1)(iii). Accordingly, entitlement to additional compensation for the Veteran’s dependent son based on his school attendance at DeVry University, for the period from September 1, 2014 to March [REDACTED], 2015, is granted. Caroline B. Fleming Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. M. Clark, 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.