Citation Nr: A21018992
Decision Date: 11/30/21	Archive Date: 11/30/21

DOCKET NO. 211104-195813
DATE: November 30, 2021

ORDER

Entitlement to an effective date prior to June 5, 2019, for VA disability compensation based on additional allowance for the Veteran's dependent spouse is granted.

INTRODUCTION

The Veteran served on active duty from July 1966 to March 1969.

In November 2021, the Veteran submitted a VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement) (NOD), wherein he elected the Direct Review option; therefore, the Board may only consider the evidence of record at the time of the agency of original jurisdiction (AOJ) decision on appeal.  38 C.F.R. § 20.301.

FINDING OF FACT

Following an April 2014 rating decision wherein the Veteran was awarded disability compensation of 30 percent, he provided all requisite evidence necessary to establish his entitlement to disability compensation for his dependent spouse on May 8, 2014.

CONCLUSION OF LAW

The criteria for an effective date of August 21, 2013 for VA disability compensation based on additional allowance for a dependent spouse have been met.  38 U.S.C. §§ 1115, 5107, 5110, 5111; 38 C.F.R. §§ 3.102, 3.155, 3.401.

REASONS AND BASES FOR FINDING AND CONCLUSION

Duties to Notify and Assist

VA has a duty to notify and assist veterans in substantiating a claim for VA benefits.  38 U.S.C. §§ 5100, 5102, 5103, 5103A, 5107, 5126; 38 C.F.R. §§ 3.102, 3.159, 3.326(a).  Because the Board is granting the Veteran's claim, any error committed with respect to that claim is harmless.

Legal Criteria

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; 38 C.F.R. § 3.4 (b)(2).  Specific rates are provided for the veteran's spouse and children.  

VA will accept, for the purpose of determining entitlement to benefits under laws administered by VA, the statement of a claimant as proof of marriage provided that the statement contains: the date (month and year) and place of the event; the full name and relationship of the other person to the claimant.  See 38 C.F.R. § 3.204.  In addition, a claimant must provide the social security number of any dependent on whose behalf he or she is seeking benefits.  Id.

The "date of claim" for additional compensation for dependents is the date of the veteran's marriage, if evidence of the event is received within a year of the event; otherwise, the "date of claim" is the date of the qualifying disability rating provided evidence of dependency is received within 1 year of notification of such rating action.  See 38 U.S.C. § 5110 (f), (n); 38 C.F.R. § 3.401 (b).

Factual Background and Analysis

The Veteran submitted a complete original claim for disability compensation, which included a signed VA Form 21-526EZ on August 21, 2013.  At that time, the Veteran also submitted a VA Form 21-686c Declaration of Status of Dependents as an addendum to his completed claim.  In this form the Veteran notified VA of the existence of his dependent spouse, and also provided a copy of his marriage certificate.  The Veteran failed to provide his spouse's social security number as required by law at that time.  However, following the issuance of an April 2014 rating decisionwherein the Veteran was awarded the requisite 30 percent disability compensation to establish his entitlement to dependency compensationthe Veteran provided his spouse's date of birth and social security number in a May 2014 correspondence.  On that date the Veteran provided all evidence necessary to establish the proof of his dependent spouse.  

Pursuant to 38 C.F.R. § 3.401 the effective date for additional compensation for dependents is the date of the qualifying disability rating provided evidence of dependency is received within 1 year of notification of such rating action.  See 38 U.S.C. § 5110 (f), (n); 38 C.F.R. § 3.401 (b).  Since the Veteran provided all required evidence of dependency within 1 year of his notification of his qualifying disability rating, he was entitled to additional dependency compensation from that date.  Accordingly, an earlier effective date of August 21, 2013 for VA dependency compensation is warranted.

 

 

T. REYNOLDS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	G. Fraser, 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.