Citation Nr: 21071713 Decision Date: 12/01/21 Archive Date: 12/01/21 DOCKET NO. 17-37 247 DATE: December 1, 2021 ORDER Entitlement to an earlier effective date of March 1, 2012 for additional compensation for dependent spouse and step-children is granted. FINDING OF FACT The Veteran submitted the VA form 21-686c with all necessary substantive information and is entitled to additional compensation for dependent spouse and step-children from the date of entitlement to VA benefits. CONCLUSION OF LAW The criteria for entitlement to an earlier effective date of March 1, 2012 for additional compensation for dependent spouse and step-children have been met. 38 U.S.C. §§ 1115, 5110; 38 C.F.R. §§ 3.4, 3.31, 3.400, 3.401(b). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active duty service from July 1991 to February 2012. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a July 2016 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified at a Board hearing before the undersigned Veterans Law Judge (VLJ) in November 2021. Entitlement to an earlier effective date prior to August 1, 2016, for additional compensation for dependent spouse and step-children. The statutory and regulatory provisions explicitly state that, except as otherwise provided, the effective date of an award of pension, compensation, or dependency and indemnity compensation based on an original claim, a claim reopened after final disallowance, or a claim for increase will be the date of receipt of the claim or the date entitlement arose, whichever is later. 38 U.S.C. § 5110(a); 38 C.F.R. § 3.400. An award of additional compensation for dependents based on the establishment of a rating in the percentage specified by law for that purpose shall be payable from the effective date of such rating, but only if proof of dependents is received within one year from the date of such rating. 38 U.S.C. § 5110(f). Veterans having a 30 percent or more service-connected condition may be entitled to additional compensation for a spouse, dependent parents, or unmarried children under 18 (or under 23 if attending an approved school) or when prior to age 18 the child has become permanently incapable of self-support because of mental or physical defect. 38 U.S.C. § 1115; 38 C.F.R. § 3.4(b)(2). The effective date of the award of any benefit or increase by reason of marriage or the birth/adoption of a child shall be the date of that event if proof is received by VA within a year from the date of marriage, birth, or adoption. 38 U.S.C. § 5110(n). Regarding additional compensation for dependents, the effective date will be the latest of the following dates: (1) date of claim; (2) 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 veteran's award. 38 C.F.R. § 3.401(b). The "date of claim" for additional compensation for dependents is 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; otherwise, the date notice is received of the dependent's existence, if evidence is received within a year of VA's request. 38 C.F.R. § 3.401 (b)(1). The earliest that the additional award of compensation for a dependent spouse can occur is the first day of the month following the effective date. 38 C.F.R. § 3.31. In an August 2012 rating decision, the RO awarded a combined disability rating of 70 percent effective March 1, 2012. The Veteran submitted his VA Form 21-686c in January 2012, prior to the grant of service connection. The form was complete other than a single question asking for the number of marriages his spouse had. The form, however, requests the names of the spouses in the section immediately below. When viewing the form it appears providing the names and lengths of the marriages immediately below the question seems to answer the question asked. The Board notes that the Veteran did not leave the entire section blank, only did not list the number of marriages. One would hope that VA is capable of counting the marriages based on the information provided. Therefore, VA had in its possession the information needed to determine eligibility for benefits based on the Veteran's spouse as a dependent. The Board additionally notes that the Veteran testified that he did not receive the August 2012 letter requesting the number of prior marriages of his spouse as he was in Afghanistan at that time, which the Board finds credible. Additionally, the letter from the Regional Office is incorrect as it indicated that the related information to the number of marriages was not provided. As previously noted, all of the information regarding the spouse's previous marriages was fully filled out and the only thing missing was, adding 1+1+1, the number "3". As such, the Board finds that an earlier effective date of March 1, 2012, is warranted for additional compensation for the dependent spouse and step-children. Jennifer White Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Patricia Veresink, 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.