Citation Nr: A21019604
Decision Date: 12/08/21	Archive Date: 12/08/21

DOCKET NO. 200903-107241
DATE: December 8, 2021

ORDER

Entitlement to restoration of T.N. as a dependent spouse of the Veteran for additional Department of Veterans Affairs (VA) dependency benefits is dismissed.

FINDING OF FACT

In May 2021, prior to the promulgation of a decision in the appeal, the Regional Office (RO) restored T.N. as a dependent spouse of the Veteran. This is a full grant of benefits.

CONCLUSION OF LAW

The appeal regarding entitlement to restoration of T.N. as a dependent spouse is dismissed, as it was granted, and there remains no justiciable case or controversy with respect to this claim. 38 U.S.C. § 7105.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from January 1968 to August 1970. 

The Board notes that the Veteran legally changed his name, as now reflected on the title page. The name change was acknowledged and implemented on his VA account and file in a May 2021 letter. 

This appeal to the Board of Veterans' Appeals (Board) arose from a February 2020 notification letter issued by the VA Regional Office (RO). 

In the April 2020, VA Form 10182, Decision Review Request: Board Appeal, the Veteran elected the Direct Review docket. 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.  

Dismissal

In July 2019, the RO sent the Veteran a proposal to remove his dependent spouse from the date dependency was last verified on December 1, 2007 and effective from January 1, 2008. In September 2019, the RO sent another letter clarifying that the effective date for removal of T.N. as a dependent spouse was incorrect and that she would be removed effective from March 1, 2011. In February 2020, T.N. was removed from the Veteran's award effective March 1, 2011. The RO informed the Veteran that his benefits may be reinstated back to the earliest possible effective date if he submitted the requested dependent verification within one year from the date of the letter. In response, in June 2020, the Veteran submitted a completed VA 21-0538 Mandatory Status of Dependents, in which he reported he was still married to T.N.

In the February 2020 notification letter, the RO restored T.N. as a dependent spouse effective from December 1, 2007. Therefore, as the RO has restored T.N. as a dependent spouse for VA dependency benefits prior to March 1, 2011, the date T.N. was removed as a dependent, the dependency entitlement issue is no longer on appeal. In other words, there remains no justiciable case or controversy as to the claim because the benefit sought on appeal was granted in full. Accordingly, the appeal is dismissed. 38 U.S.C. § 7105.

 

 

A. P. SIMPSON

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Sarah Campbell, 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.