Citation Nr: 20046483 Decision Date: 07/13/20 Archive Date: 07/13/20 DOCKET NO. 16-27 082 DATE: July 13, 2020 ORDER An effective date earlier than March 9, 2015, for dependency benefits for the Veteran’s spouse, S.P., is denied. FINDINGS OF FACT 1. The Veteran submitted a Declaration of Status of Dependents (VA Form 21-686c) for a dependent spouse that was received on March 9, 2015. 2. In July 2015, the RO granted dependency benefits for the Veteran’s spouse, with payment effective April 1, 2015, the first day of the first month following the effective date. 3. There were no communications received prior to March 9, 2015, that could be construed as a formal or informal claim for dependency benefits for the Veteran’s spouse. CONCLUSION OF LAW The criteria for an effective date earlier than March 9, 2015, for the award of dependency benefits for the Veteran’s spouse have not been met. 38 U.S.C. §§ 1115, 5103A, 5107, 5110; 38 C.F.R. §§ 3.4(b)(2), 3.155, 3.159, 3.326(a), 3.401(b). REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran served on active duty in the Army from September to December 1979 and from August 1991 to March 1992, including service in Southwest Asia. In October 2019, the Veteran and his spouse testified at a videoconference hearing before the undersigned, and a transcript of that hearing is of record. The Board remanded the issue in December 2019 to obtain any outstanding relevant VA records. The requested records have since been associated with the claims file. The Board therefore finds there has been substantial compliance with the remand directives. See D’Aries v. Peake, 22 Vet. App. 97, 105 (2008); see also Stegall v. West, 11 Vet. App. 268 (1998). 1. Earlier effective date for spousal dependency benefits. The Veteran submitted a Declaration of Status of Dependents (VA Form 21-686c) on March 9, 2015. He listed his spouse, S.P. (listed as S.T.N.), noting that they had been married in October 2011 in Vietnam. Spousal dependency benefits were subsequently granted, effective March 9, 2015. The Veteran contends that the effective date should be October 12, 2011, the date of his marriage. The Veteran asserted in the October 2019 Board hearing that he told the VA in Togus about the marriage in person shortly after the marriage occurred. He stated that he was told by a VA employee that his spouse needed a Visa and social security number to be added to his disability benefits, which she did not yet have. The Veteran’s spouse eventually traveled to the United States on a Visa issued in January 2015, and the Veteran applied for spousal dependency benefits in March 2015. 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 latest 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 dependents is either (1) the date of the Veteran’s marriage or birth/adoption of a child, if evidence of the event is received within a year of the event; or (2) the date notice is received of the dependent’s existence, if evidence is received within a year of notification of VA’s request. 38 C.F.R. § 3.401(b)(1). Any person who applies for or is in receipt of any compensation or pension benefit under laws administered by the Secretary shall, if requested by the Secretary, furnish the Secretary with the social security number of any dependent or beneficiary on whose behalf, or based upon whom, such person applies for or is in receipt of such benefit. A person is not required to furnish the Secretary with a social security number for any person to whom a social security number has not been assigned. 38 U.S.C. § 5101(c)(1); 38 C.F.R. § 3.216. The Board finds that no communication was received prior to March 9, 2015, that may be construed as a formal or informal claim for dependency benefits for the Veteran’s spouse. For claims or appeals received prior to March 24, 2015, any communication or action indicating an intent to apply for one or more benefits under the laws administered by VA may be considered an informal claim. Such an informal claim must identify the benefit sought. 38 C.F.R. § 3.1(p) (in force prior to March 24, 2015). The mere presence of medical evidence does not establish intent on the part of the Veteran to seek service connection for a disability. Brannon v. West, 12 Vet. App. 32, 35 (1998). The Board acknowledges a VA medical record dated in December 2011 in which the Veteran stated that he had just been married in October and was frustrated that he was having immigration issues, which were preventing him from bringing his wife to the United States. Unfortunately, this medical treatment record cannot be construed as an informal claim for benefits. There is no indication in the treatment record that the Veteran intended to seek dependency benefits, nor is there any indication that he was told he could not apply without a Social Security Number for his spouse. The earliest evidence of any kind associated with the act or intention of filing a claim for dependency benefits is the March 2015 dependency claim from the Veteran. The Board is sympathetic to the Veteran’s argument and does not doubt the sincerity of his belief. However, the Board is bound by the law and is without authority to grant benefits on an equitable basis. See 38 U.S.C. §§ 503, 7104; Harvey v. Brown, 6 Vet. App. 416, 425 (1994). “No equities, no matter how compelling, can create a right to payment out of the United States Treasury which has not been provided for by Congress.” Smith v. Derwinski, 2 Vet. App. 429, 432-33 (1992) (citing Office of Personnel Management v. Richmond, 496 U.S. 414, 426 (1990)). Specifically, the Board is bound by the law governing the assignment of effective dates in its determination that the earliest effective date legally possible has already been assigned. As such, the appeal for an earlier effective date must be denied. H. SEESEL Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board N. Nelson 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.