Citation Nr: 21062422 Decision Date: 10/07/21 Archive Date: 10/07/21 DOCKET NO. 19-18 683A DATE: October 7, 2021 ORDER Entitlement to an award of additional compensation for the Veteran's daughter, Ra., as a dependent school child is denied. Entitlement to an award of additional compensation for the Veteran's daughter, Re., as a dependent school child is denied. FINDINGS OF FACT 1. Since April 1, 2006, the Veteran has been in receipt of at least a combined 30 percent rating for his service-connected disabilities. 2. The Veteran's claims for additional benefits based on college attendance for Ra. and Re. were received by VA on October 3, 2016, more than a year after the date they completed their college education. 3. In the year prior to October 3, 2016, neither Ra. nor Re. were enrolled in college courses and did not meet the regulatory criteria as dependent school children. CONCLUSIONS OF LAW 1. The criteria for an award of additional compensation for the Veteran's daughter, Ra., as a dependent school child after her eighteenth birthday have not been met. 38 U.S.C. §§ 1115, 5107, 5110; 38 C.F.R. §§ 3.4 (b)(2), 3.57, 3.102, 3.667. 2. The criteria for an award of additional compensation for the Veteran's daughter, Re., as a dependent school child after her eighteenth birthday have not been met. 38 U.S.C. §§ 1115, 5107, 5110; 38 C.F.R. §§ 3.4 (b)(2), 3.57, 3.102, 3.667. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from September 1984 to March 2006. This matter arises from an April 2017 determination by a Department of Veterans Affairs (VA) Regional Office. Increased Rate for Dependents The Veteran contends that he is entitled to additional compensation benefits as a result of the attendance of two of his daughters in college between August 2008 and December 2012. For the reasons that follow, the Board finds that the Veteran's claims are not warranted, and they are denied. A veteran who is in receipt of disability compensation of 30 percent or more is entitled to an additional allowance for each dependent. 38 U.S.C. §§ 1115, 1134, 1135. Specific rates are provided for a veteran's spouse and children. A child is defined as an unmarried person who is (i) under the age of 18 years; (ii) before the age of 18 years became permanently incapable of self-support; or (iii) after attaining the age of 18 years and until completion of education or training (but not after attaining the age of 23 years) is pursuing a course of instruction at an approved educational institution. 38 U.S.C. § 101 (4)(A); 38 C.F.R. § 3.57 (a). The allowance is generally discontinued when a dependent child turns 18, or when the child turns 23 if he or she is enrolled in school. 38 C.F.R. §§ 3.503, 3.667. Pension or compensation may be paid from a child's eighteenth birthday based on 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 eighteenth birthday. 38 C.F.R. § 3.667 (a)(1). Additionally, pension or compensation based upon a course of instruction at an approved educational institution which was begun after a child's eighteenth 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). According to 38 C.F.R. § 3.151, a specific claim in the form prescribed by the VA Secretary must be filed in order for benefits to be paid to any individual under the laws administered by VA. See 38 U.S.C. § 5101 (a). Individuals to whom benefits are being paid are required to certify, when requested, that any or all of the eligibility factors which established entitlement to the benefit being paid continue to exist. 38 C.F.R. § 3.652 (a). When the required certification is received, benefits will be adjusted, if necessary, in accordance with the facts found. 38 C.F.R. § 3.652 (b). Turning to the evidence of record, in August 2006, VA received the Veteran's request for approval of school attendance based on Re. being in high school until May 20, 2007. On October 3, 2016, VA received the Veteran's submission of separate requests for approval of school attendance (VA Forms 21-674) for each of his daughters, Ra. and Re. Each form listed their dates of attendance at their respective colleges as August 15, 2008 through December 14, 2012. In his May 2017 Notice of Disagreement, the Veteran concedes that he did not file earlier requests for approval of school attendance for Ra. and Re. because he believed "the VA would take care of this." The Board finds that the two applicable requests for approval of school attendance were first received by VA in October 2016, more than a year after Ra. and Re. commenced college in August 2008. As such, additional benefits for Ra. and Re. based on school attendance at their respective colleges are not warranted dating from the dates they began college in August 2008 and completed their studies in December 2012. See 38 C.F.R. § 3.667 (a)(2). VA may only award the dependency benefits up to a year prior to the receipt of the Veteran's October 3, 2016 claim. In the year prior to the Veteran's claim, neither Ra. nor Re. were enrolled in college courses and did not meet the regulatory criteria as dependent school children. The Board sympathizes with the Veteran's contentions. Unfortunately, VA regulations are clear that claims for additional compensation for dependents over the age of 18 based on their enrollment in a course of instruction at an approved institution must be filed within a set time limit. Because the Veteran's claims were not filed with the prescribed timeframe for filing such a claim, the Board has no authority to grant additional compensation benefits for the Veteran's two daughters as dependent school children. Accordingly, entitlement to additional dependency benefits from August 15, 2008 through December 14, 2012 is denied. M. E. Larkin Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Komperda, 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.