Citation Nr: 20038028
Decision Date: 06/03/20	Archive Date: 06/03/20

DOCKET NO. 18-00 012
DATE: June 3, 2020

REMANDED

Entitlement to an effective date earlier than December 14, 2015, for recognition of K.M. as the Veteran’s “child” for the purpose of additional dependency compensation is remanded.

REASONS FOR REMAND

The Veteran had active duty service from February 2001 to April 2001, January 2004 to January 2005, March 2005 to September 2005, and October 2005 to January 2010.  He also had additional periods of active duty for training and inactive duty for training.  K.M. is his adopted minor child.

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a January 2017 determination of a Regional Office of the Department of Veterans Affairs (VA).

The Board finds that it must remand the Veteran’s claim to ensure that all pertinent evidence relating to the claim are included in the claims file.  In the October 2017 statement of the case, the evidence list includes a VA Form 10-10EZ (Application for Health Benefits) that was purportedly received in February 2012 by the Bedford VA Medical Center.  No such form is included in the claims file.  The Veteran’s specific wording and communications to VA regarding his intent to add her as a dependent or receive benefits on her account are central to his claim for an earlier effective date.

The matters are REMANDED for the following action:

Ensure that all communications regarding dependency for K.M. are included in the claims file, to include any forms submitted to the Bedford VA medical center identified in the statement of the case or any other VHA facility.

 

 

M. Tenner

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	B. Whitelaw, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.