Citation Nr: 23027353
Decision Date: 05/08/23	Archive Date: 05/08/23

DOCKET NO. 19-24 513
DATE: May 8, 2023

REMANDED

The claim for payment of dependency allowance for the Veteran's daughter, A, based on school attendance from August 2014 and December 2015, is remanded.

REASONS FOR REMAND

In April 2022, the Board determined that the criteria for an effective date prior to August 26, 2014, for payment of a dependency allowance for the Veteran's daughter, A, had not been met.  

The Veteran appealed.  In February 2023, the United States Court of Appeals for Veterans Claims (Court) granted the parties' joint motion for remand (JMR), and remanded the matter to the Board for readjudication consistent with the JMR.

1.  The claim for payment of dependency allowance for the Veteran's daughter, A, based on school attendance from August 2014 and December 2015, is remanded.

The February 2023 JMR shows that it was agreed that in September 2017, the Veteran had requested "retro pay" for her daughter, A, as dependent "because she was never added to my VA benefit from [August] 2014 to December 2015."  Citing Veteran's September 2017 Notice of Disagreement.  The record does not appear to contain any documentation specifically reflecting that VA paid the Veteran an additional dependency allowance for A between August 2014 and December 2015.  Despite raising the issue of nonreceipt of payment for such benefits, the Board adjudicated the issue of entitlement to an earlier effective date claim for dependency allowance without addressing the Veteran's allegation of nonreceipt of payment for a dependency allowance for A, based on school attendance from August 2014 and December 2015.  

The matters are REMANDED for the following action:

1.  Determine whether the Veteran was properly paid the correct amount of dependency allowance for A based on school attendance from August 2014 to December 2015, and, if not, whether an additional payment of dependency allowance is warranted.  

 

 

MATTHEW W. BLACKWELDER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	T.S.E., 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.