Citation Nr: A21020333 Decision Date: 12/21/21 Archive Date: 12/21/21 DOCKET NO. 200528-88541 DATE: December 21, 2021 ORDER An effective date of May 1, 2020, but no earlier, for the addition of the Veteran's child, A.D., as his dependent to his award of Department of Veterans Affairs (VA) disability compensation is granted. FINDING OF FACT On May 1, 2020, the Veteran first notified VA of A.D.'s January 2019 birth and submitted a claim for additional disability compensation benefits based such birth. CONCLUSION OF LAW The criteria for an effective date of May 1, 2020, but no earlier, for the addition of the Veteran's child, A.D., to his award of VA disability compensation, have been met. 38 U.S.C. §§ 1115, 5110 (2012); 38 C.F.R. §§ 3.4, 3.204, 3.401 (2021). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran, who is the appellant in this case, served on active duty from January 2012 to September 2013. He also had unverified Reserve Component service, including a period of active duty for training (ACDUTRA) from May 2008 to October 2008. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a May 2020 decision of a VA Regional Office (RO). The Board has limited the discussion below to the relevant evidence required to support its finding of fact and conclusion of law, as well as to the specific contentions regarding the case as raised directly by the appellant and those reasonably raised by the record. See Scott v. McDonald, 789 F.3d 1375, 1381 (Fed. Cir. 2015); Robinson v. Peake, 21 Vet. App. 545, 552 (2008); Dickens v. McDonald, 814 F.3d 1359, 1361 (Fed. Cir. 2016). Entitlement to an effective date prior to June 1, 2020 for the addition of the Veteran's child, A.D., to his award of VA disability compensation. Veterans who have service-connected disabilities rated as 30 percent disabling and higher may be entitled to additional compensation for dependents. 38 U.S.C. § 1115; 38 C.F.R. § 3.4(b)(2). Here, the Veteran's service-connected disabilities have been rated at least 30 percent since November 21, 2014. As such, the threshold criterion of a minimum 30 percent disability rating for basic entitlement to additional payment for dependents has been met since November 21, 2014. 38 U.S.C. § 1115. When determining the effective date for an award of additional compensation for dependents, the effective date will be the last of the following dates: (1) the date of claim; (2) the 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 a dependent child is the date of the child's birth, 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 notification of such rating action. 38 U.S.C. § 5110; 38 C.F.R. § 3.401. Under 38 U.S.C. § 5101(a), a specific claim must be filed in order for benefits to be paid or furnished to any individual under the laws administered by VA. See also 38 C.F.R. § 3.151(a). The Secretary has authority to prescribe the nature and extent of the proof required in order to establish a right to VA benefits. See 38 U.S.C. § 501. If a claimant's application for a benefit under the laws administered by the Secretary is incomplete, the Secretary shall notify the claimant and the claimant's representative, if any, of the information necessary to complete the application. 38 U.S.C. § 5102(b). If information that a claimant and the claimant's representative, if any, are notified under subsection (b) is necessary to complete an application is not received by the Secretary within one year from the date such notice is sent, no benefit may be paid or furnished by reason of the claimant's application. 38 U.S.C. § 5102(c). Except as otherwise provided by law, a claimant has the responsibility to present and support a claim for benefits under laws administered by the Secretary. 38 U.S.C. § 5107(a). VA will accept, for purposes of determining entitlement to benefits under laws administered by VA, the statement of a claimant as proof of marriage, dissolution of a marriage, birth of a child, or death of a dependent, 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; and the social security number of the other person. 38 U.S.C. § 5124; 38 C.F.R. § 3.204. Regardless of the regulation governing effective dates of awards, payment of monetary benefits begins the first day of the month following the effective date. However, beneficiaries will be deemed to be in receipt of monetary benefits during the period between the effective date of the award and the date payment commences. 38 C.F.R. § 3.31. Here, the Veteran contends that he is entitled to an effective date prior to June 1, 2020, for additional dependency benefit for his child, A.D. He seeks an effective date of January 2019, the date of A.D.'s birth, for the addition of A.D. as his dependent to his award of VA disability compensation. The Veteran first informed VA on May 1, 2020, of the January 2019 birth of his child, A.D.., and the RO assigned an effective date of June 1, 2020, the first day of the month following the date of claim, for the addition of A.D. as the Veteran's dependent to his award of VA disability compensation. The Board has reviewed all relevant evidence and finds that an effective date of May 1, 2020, but no earlier, is warranted for the addition of the Veteran's child, A.D., as his dependent to his award of VA disability compensation. This is based on the May 1, 2020 VA Form 21-686c, which is the first claim the Veteran submitted to VA for additional disability compensation benefits based A.D.'s birth. (Continued on the next page) However, there is nothing in the record to support an effective date prior to May 1, 2020 for the addition of the Veteran's child, A.D., as his dependent to his award of VA disability compensation. The Board recognizes that the Veteran contends that the date of A.D.'s birth should be the effective date for the addition of A.D. to his award of VA disability compensation. The Veteran had one year from A.D.'s January 2019 birth to notify VA of such birth, and file a claim for additional disability compensation benefits based such birth, in order for the date of claim to be considered the date of birth. However, the Veteran did not inform VA of A.D.'s birth and file a claim for additional disability compensation benefits based such birth until May 1, 2020, which is well outside that one-year period. As such, the Board has already assigned herein the earliest possible effective date for the addition of A.D. as the Veteran's dependent to his award of VA disability compensation. In summary, an effective date of May 1, 2020, but no earlier, is warranted for the addition of the Veteran's child, A.D., as his dependent to his award of VA disability benefits, with payment beginning on June 1, 2020. L. CHU Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. Thomas, 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.