Citation Nr: 21028017 Decision Date: 05/10/21 Archive Date: 05/10/21 DOCKET NO. 19-01 669 DATE: May 10, 2021 ORDER The removal of R.N., the Veteran's former spouse, as a dependent effective May 1, 2011 was proper; the appeal is denied. FINDINGS OF FACT 1. In September 2011, the Veteran reported that she was divorced in April 2011. However, she also stated that her divorce was being appealed and not completed. 2. In April 2016, the Veteran reported that she and R.N. had divorced in April 2011. VA removed R.N. from the Veteran's compensation award on the last day of the month in which the divorce occurred. CONCLUSION OF LAW The effective date of May 1, 2011 for the termination of VA dependency benefits based on the removal of R.N. as a dependent is proper. 38 U.S.C. §§ 1115, 5110, 5111; 38 C.F.R. §§ 3.31, 3.401, 3.501. REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran served on active duty from August 2000 to May 2001. In January 2020, the Board remanded the claim for further development. The Board notes that in another January 2020 remand, the Board remanded the Veteran's validity and waiver claims. In October 2020, the Committee on Waivers and Compromises granted the Veteran's waiver request eliminating the Veteran's debt. Effective date Pursuant to 38 U.S.C. § 5112(b)(2), the effective date of reduction or discontinuance of compensation by reason of divorce of a dependent of a payee shall be the last day of the month in which such divorce occurs. See 38 C.F.R. § 3.501(d)(2). Analysis The Veteran asserts that the effective date for the removal of the R.N. is incorrect as VA failed to acknowledge that she had promptly contacted VA to report the change in the status of her dependent. On September 9, 2011, VA noted that it requested information about the Veteran's dependents; however, she did not respond to the request. So, VA proposed to reduce her compensation benefits effective February 2003, the last time VA knew she had dependents. On September 20, 2011, the Veteran submitted VA Form 21-686c, Application Request to Add and/or Remove Dependents. She stated that she divorced R.N. in April 2011; however, R.N. was appealing the divorce. She noted that the divorce was sent to the appeals court, so "it is still not complete. The divorce is not finished/complete." In October 2011 and based on the Veteran's VA Form 21-686, VA reconsidered its proposed action and decided not to reduce her benefits. In April 2016, the Veteran submitted a document entitled Final Judgment of Dissolution of Marriage with Marital Settlement Agreement and Minor Child. The document confirmed the Veteran's April 18, 2011 divorce. In December 2016, VA removed R.N. from the Veteran's award effective May 1, 2011. The removal requested in a $2,843.65 debt. The Veteran questioned the effective date of R.N.'s removal. In January 2020, the Board noted that the record included an April 2011 Final Judgment of Dissolution of Marriage with Marital Settlement Agreement and Minor Child. However, the record did not state that the parties' marriage was dissolved. The Board also noted that in subsequent statements to VA, the Veteran alleged that her divorce from R. N. was not finalized in April 2011, as he had appealed the divorce. Additionally, the Veteran later reported that her marriage to R. N. ended in April 2011 and/or May 2012. The Veteran's VA treatment records reflect that she was divorced from R. N. at some time prior to 2013. The Board noted that aside from the Veteran's statements, there was no evidence that such an appeal was filed or pursued. The Board remanded the claim and instructed VA to contact the Veteran and ask that she submit any and all court records concerning her divorce from R. N. In April 2020 and based on the remand directive, VA requested information from the Veteran regarding her divorce from R.N. She did not respond. In its June 2020 Supplemental Statement of the Case, VA noted that on April 1, 2020, the Veteran was sent a letter requesting any and all court records concerning the divorce from R.N. However, VA did not receive a response from the Veteran. VA noted that the Veteran's online court records showed an appealed divorce; however, the records also showed that the divorce was granted on April 18, 2011 as a "final judgement of dissolution of marriage with marital settlement." VA noted that although, in her September 2020 statement, the Veteran stated that she and R.N. were divorced in April 2011, R.N. was appealing the divorce, and the divorce was not finished/completed, the online court records did not indicate that the divorce was vacated at any time after April 18, 2011. Based on this information, VA confirmed the May 1, 2011 termination of VA dependency benefits for R. N. As noted above, VA regulations state that upon a divorce, payment of additional compensation for a veteran's dependent spouse will be reduced effective the last day of the month in which such divorce occurred. 38 C.F.R. § 3.501(d)(2). In this case, the record reflects that the Veteran and R.N. were divorced in April 2011, as documented on the Final Judgment of Dissolution of Marriage with Marital Settlement Agreement and Minor Child. The Board notes, and VA has correctly stated, that although the Veteran informed VA of her divorced in September 2011, she also stated that her divorced was not completed. The Board also notes that in order to verify the Veteran's divorce date, VA requested information regarding the Veteran's divorce. However, she did not respond. An appellant has a duty to assist and cooperate with VA in developing evidence; the duty to assist is not a one-way street. See Wood v. Derwinski, 1 Vet. App. 190, 193 (1991); see also Hayes v. Brown, 5 Vet. App. 60, 68 (1993) (VA's duty to assist is not a one-way street; if a veteran wishes help, he cannot passively wait for it in those circumstances where his own actions are essential in obtaining the putative evidence). Therefore, the Board finds that R.N.'s removal as a dependent effective May 1, 2011 was proper. See 38 U.S.C. §§ 5110(f), 5111(a); 38 C.F.R. § 3.401(b). MICHAEL LANE Veterans Law Judge Board of Veterans' Appeals Attorney for the Board T. Moore 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.