Citation Nr: 21014811 Decision Date: 03/15/21 Archive Date: 03/15/21 DOCKET NO. 16-11 043 DATE: March 15, 2021 ORDER Entitlement to additional dependency benefits for the Veteran’s son, J.A. III, based on school attendance is denied. FINDING OF FACT The Universidad de Granada in Spain is not an educational institution approved by VA; thus, additional dependency benefits for the Veteran’s son, J.A. III, based on school attendance cannot be awarded based on J.A. III’s attendance at this institution. CONCLUSION OF LAW The criteria for additional dependency benefits based on school attendance for the Veteran’s son, J.A. III, have not been met. 38 U.S.C. §§ 1115, 5107 (2012); 38 C.F.R. §§ 3.57(a), 3.667 (2020). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran, who is the appellant in this case, served on active duty from July 1980 to June 1992. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a February 2014 decision of a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran requested a Board hearing in his March 2016 VA Form 9. However, in March 2016, the Veteran withdrew his request for a hearing. The Veteran has another appeal before the Board. Because that appeal involves an issue dependent on completely different law and facts, it is the subject of a separate decision. In March 2019, this matter was remanded for additional development. Entitlement to additional dependency benefits for the Veteran’s son, J.A. III, based on school attendance. The Veteran contends that he is eligible for additional dependency benefits from September 2013 to June 2016, based on full-time school attendance of his son, J.A. III, at the Universidad de Grenada in Spain. The Veteran has stated that this is an accredited educational institution. Veterans who are entitled to compensation for service connected disabilities are entitled to additional compensation for dependents, including a spouse and a dependent child, provided that the disability is rated not less than 30 percent disabling. See 38 U.S.C. § 1115. The term “child of the Veteran” includes an unmarried person who is a legitimate child who, after reaching the age of 18 years and until completion of education or training (but not after reaching the age of 23 years) is pursuing a course of instruction at an educational institution approved by VA. 38 C.F.R. § 3.57; see also 38 U.S.C. §§ 101(4)(A), 104(a). As an initial matter, the Board must determine whether the Universidad de Grenada in Spain is an educational institution approved by VA. VA maintains a list of all approved institutions and programs. See VA Web Enhanced Approval Management System (WEAMS), the searchable database listing all organizations and programs of education approved for VA purposes. The Board’s review of WEAMS indicates that Universidad de Grenada in Spain is not an educational institution approved by VA. In addition, in June 2020, the Agency of Original Jurisdiction (AOJ) determined that the Universidad de Grenada in Spain has never requested to be approved for VA education benefits. Therefore, the claim for additional dependency benefits for the Veteran’s son, J.A. III, based on school attendance at the Universidad de Grenada in Spain must be denied. However, the Board notes that nothing in this decision prevents the Veteran from seeking to have the Universidad de Grenada in Spain approved for VA purposes by completing VA Form 22-0976, Application for Approval of a Program in a Foreign Country, and submitting the completed form via email to federal.approvals.va.gov. See Foreign Program Approval Information for Schools, benefits.va.gov/gibill/foreign_program_approval_information_for_schools.asp (last accessed on March 3, 2012). Further information on using VA education benefits at foreign institutions can be found on VA’s website, specifically at www.va.gov/education/about-gi-bill-beneifts/how-to-use-benefits/study-at-foreign-schools/. For these reasons, there is no legal basis upon which to grant additional dependency benefits for the Veteran’s son, J.A. III, based on school attendance. The Board sympathizes with the Veteran regarding the inequities he believes result from not being entitled to those dependents benefits. However, the Board is bound by the law and is without authority to grant benefits on an equitable basis. See 38 U.S.C. §§ 503, 7104; see also Harvey v. Brown, 6 Vet. App. 416, 425 (1994). Romina A. Casadei Acting 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.