Citation Nr: 22012156
Decision Date: 03/02/22	Archive Date: 03/02/22

DOCKET NO. 19-38 245
DATE: March 2, 2022

ORDER

1. Entitlement to recognition of K.T. as a dependent child of the Veteran for additional Department of Veterans Affairs (VA) dependency benefits is dismissed.

2. Entitlement to recognition of C.T. as a dependent child of the Veteran for additional VA dependency benefits is dismissed.

3. Entitlement to recognition of Z.T. as a dependent child of the Veteran for additional VA dependency benefits is dismissed.

4. Entitlement to recognition of C.M.T. as a dependent spouse of the Veteran for additional VA dependency benefits is dismissed.

FINDINGS OF FACT

1. In April 2021, prior to the promulgation of a decision in the appeal, the Regional Office (RO) granted entitlement to recognition of K.T., C.T., and Z.T. as dependent children for VA dependency benefits effective from June 20, 2018, the date the Veteran was rated at least 30 percent disabling for service-connected disabilities.  This is a full grant of benefits.

2. In April 2021, prior to the promulgation of a decision in the appeal, the RO granted entitlement to recognition of C.M.T. as a dependent spouse for VA dependency benefits effective from June 20, 2018, the date the Veteran was rated at least 30 percent disabling for service-connected disabilities, to February 1, 2019, the month following their divorce. This is a full grant of benefits.

CONCLUSIONS OF LAW

1. The appeal regarding entitlement to recognition of K.T. as a dependent child for VA dependency benefits is dismissed, as it was granted, and there remains no justiciable case or controversy with respect to this claim. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.

2. The appeal regarding entitlement to recognition of C.T. as a dependent child for VA dependency benefits is dismissed, as it was granted, and there remains no justiciable case or controversy with respect to this claim. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.

3. The appeal regarding entitlement to recognition of Z.T. as a dependent child for VA dependency benefits is dismissed, as it was granted, and there remains no justiciable case or controversy with respect to this claim. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.

4. The appeal regarding entitlement to recognition of C.M.T. as a dependent spouse from June 20, 2018 to February 1, 2019 for VA dependency benefits is dismissed, as it was granted, and there remains no justiciable case or controversy with respect to this claim. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran, who is the appellant, served on active duty from February 2008 to May 2010. 

This appeal to the Board of Veterans' Appeals (Board) arose from an October 2018 notification letter by the VA RO.  

The Veteran's appeal involving entitlement a total disability rating based upon individual unemployability was granted in a February 2022 Board decision. Therefore, this issue is no longer on appeal.

Dismissal

As stated above, the RO granted entitlement to recognition of K.T., C.T., and Z.T. as dependent children and C.M.T. as a dependent spouse for VA dependency benefits effective from June 20, 2018 in an April 2021 notification letter. The Veteran's claims for service connection were granted effective June 20, 2018 and his disabilities were rated at least 30 percent disabling from that date. See September 2018 Rating decision and Rating decision-codesheet. Therefore, the RO awarded the Veteran the earliest effective date of June 20, 2018 for dependency benefits. See 38 U.S.C. § 1115, C.F.R. § 3.401. In the March 2021 VA Form 21-686c Application Request To Add And/Or Remove Dependents, the Veteran reported that he married C.M.T. in September 2011 and that they got divorced in January 2019. Therefore, the RO appropriately removed C.M.T. as a dependent spouse from February 1, 2019, the month after the termination of the Veteran's marriage to C.M.T. 

Therefore, as the RO has granted the entitlement to recognition of K.T., C.T., and Z.T. as dependent children and C.M.T. as a dependent spouse for VA dependency benefits, the dependency entitlement issues are no longer on appeal. In other words, there remains no justiciable case or controversy as to these claims because the benefits 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.