Citation Nr: A21016977 Decision Date: 10/20/21 Archive Date: 10/20/21 DOCKET NO. 210816-184916 DATE: October 20, 2021 ORDER Entitlement to additional dependency compensation for spouse M.C. is denied. FINDING OF FACT The Veteran's November 2020 Department of Veterans Affairs (VA) claim form to add M.C. to his award as a dependent did not include sufficient information regarding the Veteran and M.C.'s marital history and the record does not otherwise include such information. CONCLUSION OF LAW The criteria for additional dependency compensation for M.C. have not been met. 38 U.S.C. §§ 1115, 5110; 38 C.F.R. §§ 3.4(b)(2), 3.204, 3.216. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served honorably on active duty in the United States Air Force from July 1957 to January 1958. This matter comes before the Board of Veterans' Affairs (VA) from a June 2021 higher-level review decision of a December 2020 administrative decision of a VA Regional Office denying entitlement to additional dependency compensation for M.C. The Veteran appealed this higher-level review decision to the Board and elected a direct review of the evidence of record at the time of that decision. As such, the Board may only consider the evidence of record at the time of the December 2020 initial denial of additional dependency compensation. Entitlement to additional dependency compensation for M.C. is denied. Any veteran who is entitled to disability compensation, and whose disability is rated not less than 30 percent, is entitled to additional compensation for dependents, including for a spouse. See 38 U.S.C. § 1115; 38 C.F.R. § 3.4(b)(2). Here, there is no doubt that the Veteran has been in possession of at least a 30 percent combined disability rating for all periods relevant to the appeal. As an initial matter, the Board notes that VA's applicable regulations require proof of the relationship giving rise to additional dependency compensation. VA will generally accept a claimant's statement regarding proof of marriage and dissolution of a marriage provided that the statement contains the month and year and the place of the event. 38 C.F.R. § 3.204(a)(1). However, where a claimant does not reside within a state, a claimant's statement on its face raises question of its validity, a claimant's statement conflicts with evidence of record, or there is a reasonable indication of fraud or misrepresentation regarding the relationship in question, additional evidence of the type set forth at 38 C.F.R. §§ 3.205-3.211 will be required. Id. Here, the Veteran's claim for additional dependency compensation was made when he submitted VA Form 21-686c (Application Request to Add and/or Remove Dependents) in November 2020. There, he listed his marriage to M.C. in August 2002. He also reported two previous marriages: the first to S.D. some time in 1950 that ended some time in 1976; the second to S.W. some time in 1977 that ended some time in 1991. He did not provide any information regarding any marital history of M.C. Although he did provide the city and state of the respective marriages and divorces to S.D. and S.W., the Veteran did not provide the month of either of those marriages or divorces. As noted above, VA will accept a statement alone a proof of marriage or divorce provided that the statement contains the month and year of the event. As the November 2020 form did not include this information or any information regarding M.C.'s marital history, VA sent the Veteran correspondence later in November 2020 asking him to provide the information regarding the specific dates of the marriages and terminations of marriages to S.D. and S.W. as well as information regarding M.C.'s marital history. No response was received and none of the specific types of proof identified in at 38 C.F.R. §§ 3.205-3.211 were submitted. VA therefore denied the Veteran's claim. (Continued on the next page) While the Veteran now appeals that decision, the claims file includes no arguments or evidence that the Board may consider that contains sufficient information to establish M.C. as the Veteran's spouse pursuant to 38 C.F.R. § 3.204(a)(1). The United States Court of Appeals for Veterans Claims (Court) has addressed this specific scenario and has confirmed that VA's Secretary has the authority to prescribe the nature and extent of the proof required in order to establish a right to VA benefits. McColley v. West, 13 Vet. App. 533, 556 (2000). Where that proof is not submitted a claim must be denied. As the claims file does not include the requisite information regarding the marital history of the Veteran and his spouse, the Board must therefore deny the Veteran's appeal. However, the Board notes that the Veteran is free to consult the appeal rights information attached to this Board decision, including the submission of a supplemental claim within the requisite period of time. He is encouraged to do so in a timely manner if he wishes to continue his claim for additional dependency compensation for M.C. and should, in particular, provide a statement regarding the specific dates of his divorces and marriages to his prior spouses as well as a statement regarding M.C.'s marital history. M. Tenner Veterans Law Judge Board of Veterans' Appeals Attorney for the Board B. Whitelaw, 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.