Citation Nr: A25106910 Decision Date: 12/11/25 Archive Date: 12/11/25 DOCKET NO. 250207-544666 DATE: December 11, 2025 ORDER For the period prior to November 29, 2021, additional dependency benefits based on school attendance for the Veteran's child, A., are denied. For the period from November 29, 2021, to April 2, 2022, but no later, additional dependency benefits based on school attendance for the Veteran's child, A., are granted. FINDINGS OF FACT 1. The Veteran's child, A., turned 18 years old in April 2017, graduated from high school in May 2018, attended college continuously from August 2018 to May 2023, and turned 23 years old in April 2022. 2. In a March 2024 rating decision, the Veteran was awarded service connection for posttraumatic stress disorder (PTSD), resulting in a combined disability rating of at least 30 percent, effective November 29, 2021. 3. In March 2023, the Veteran first submitted a claim for additional dependency benefits based on A.'s school attendance. CONCLUSIONS OF LAW 1. For the period prior to November 29, 2021, the criteria for additional dependency benefits based on school attendance for the Veteran's daughter, A., have not been met. 38 U.S.C. §§ 1115 , 5107, 5110; 38 C.F.R. §§ 3.57(a), 3.401(b), 3.667. 2. For the period from November 29, 2021, to April 2, 2022, but no later, the criteria for additional dependency benefits based on school attendance for the Veteran's daughter, A., have been met. 38 U.S.C. §§ 1115 , 5107, 5110; 38 C.F.R. §§ 3.57(a), 3.401(b), 3.667. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran, who is the appellant in this case, served on active duty from July 1987 to February 2010. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a February 2024 higher level review (HLR) decision of a Department of Veterans Affairs (VA) RO. In the February 2025 VA Form 10182, the Veteran requested direct review by a Veterans Law Judge. Therefore, the Board may only consider the evidence of record at the time of the November 2023 decisional letter that was subject to HLR. 38 C.F.R. § 20.301. 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 additional dependency benefits for the Veteran's child, A., based on school attendance. The Veteran in this case contends that he is eligible for additional dependency benefits from April 2017 to May 2023, based on the full-time school attendance of his child, A. A veteran who is in receipt of disability compensation of 30 percent or more is entitled to an additional allowance for each dependent. 38 U.S.C. § 1115. Specific rates are provided for a veteran's children. In this case, the Veteran's service-connected disabilities are rated in excess of 30 percent from March 1, 2010. As such, the threshold criteria of a minimum 30 percent disability rating for basic entitlement to additional payment for dependents have been met since March 1, 2010. 38 U.S.C. § 1115. A child is defined as an unmarried person who is (i) under the age of 18 years; (ii) before the age of 18 years became permanently incapable of self-support; or (iii) after attaining the age of 18 years and until completion of education or training (but not after attaining the age of 23 years) is pursuing a course of instruction at an approved educational institution. 38 U.S.C. § 101(4)(A); 38 C.F.R. § 3.57(a). The allowance is generally discontinued when a dependent child turns 18, or when the child turns 23 if he or she is enrolled in school. 38 C.F.R. §§ 3.503, 3.667. Pension or compensation may be paid from a child's 18th birthday based on school attendance if the child was at that time pursuing a course of instruction at an approved educational institution and a claim for such benefits is filed within one year from the child's 18th birthday. 38 C.F.R. § 3.667(a). Pension or compensation based upon a course of instruction at an approved educational institution which was begun after a child's 18th birthday may be paid from the commencement of the course if a claim is filed within one year from that date. 38 C.F.R. § 3.667(b). As is relevant in this case, benefits may be authorized through the last day of the month in which a course was or will be completed. 38 C.F.R. § 3.667(c). 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). In Sharp v. Shinseki, 23 Vet. App. 267, 276 (2009), the United States Court of Appeals for Veterans Claims (Court) held that the effective date for additional compensation for dependents shall be the same date as the rating decision giving rise to such entitlement, irrespective of any previous grant of section 1115 benefits, if proof of dependents is submitted within one year of notice of the rating action. While the Court held that there can be "multiple rating decisions that establish entitlement to additional dependency compensation," the Court still required that proof of dependent status be submitted within one year of notice of rating action. Id. Dependent compensation benefits were ultimately awarded to the appellant in Sharp on the effective date of the applicable rating increase. VA is responsible for determining whether the evidence supports the claim or is in relative equipoise, with a claimant prevailing in either event. 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102. The claimant is entitled to the benefit of the doubt when there is an "approximate" (meaning nearly equal) balance of positive and negative evidence regarding any material determination. See Lynch v. McDonough, 21 F.4th 776 (2021); Ortiz v. Principi, 274 F.3d 1361 (Fed. Cir. 2001). As an initial matter in this case, the Board finds that A. became 18 years old in April 2017, and was under the age of 23 until April 2022. See March 2023 VA Form 21-674. Additional dependency benefits are not warranted for A. subsequent to April 2022, the date she turns 23 years old, regardless of whether she is in college. See 38 C.F.R. §§ 3.57, 3.667. In addition, the threshold criteria of a minimum 30 percent disability rating for basic entitlement to additional payment for dependents have been met since March 1, 2010. 38 U.S.C. § 1115. By way of background, until A. turned 18 years of age in April 2017, VA recognized A. as the Veteran's dependent child, and A. was removed from the Veteran's award upon A.'s 18th birthday in April 2017. See April 2010 decision notification letter. In March 2023, the Veteran first submitted a claim for additional dependency benefits from April 2017 to May 2023 based on A.'s school attendance. See March 2023 VA Forms 21-674 and 21-674b. In July 2023, the Veteran again submitted claims for additional dependency benefits from April 2017 to May 2023 based on A.'s school attendance. See July 2023 VA Forms 21-674b. These claims show that A. continuously attended first high school, then college, from April 2017 to May 2023. In the November 2023 decision letter on appeal, the RO denied the Veteran's claims for additional dependency benefits from April 2017 to May 2023 based on A.'s school attendance, based on a finding that the claims were not timely received within one year of A.'s 18th birthday or within one year of the dates she commenced any of her courses of study. In a March 2024 rating decision, the RO granted service connection for posttraumatic stress disorder (PTSD) and assigned an effective date of November 29, 2021. Evaluating the evidence in light of the criteria noted above, , the criteria for recognition of A. as a dependent child based on school attendance have not been met for the period prior to November 29, 2021. Under 38 C.F.R. § 3.667, additional compensation for a child may be paid for school attendance if the claim is filed within one year of either the child's 18th birthday or the date of commencement of the course of study. Here, the Veteran first submitted a claim to VA in March 2023 for additional dependency benefits based on A.'s school attendance for the period from August 2018 to May 2023, more than a year after both A.'s 18th birthday and the date of commencement of each of her courses of study. Thus, the Veteran's application for compensation for his daughter, A., was not timely filed under the criteria of 38 C.F.R. § 3.667 and additional dependency benefits based on A.'s school attendance cannot be awarded for the period of her school attendance prior to prior to November 29, 2021. In addition, as noted above, additional dependency benefits are not warranted for A. subsequent to April 2022, the date she turns 23 years old, regardless of whether she is in college. See 38 C.F.R. §§ 3.57, 3.667. The Board recognizes the Veteran's contentions that he did not realize that he needed to submit a new claim in order receive additional dependency benefits based on A.'s school attendance after her 18th birthday. However, in the April 2010 notice letter that first awarded additional dependency benefits based on recognition of A. as the Veteran's child, VA informed the Veteran that A. would no longer be considered his dependent child after she attained the age of 18, but that he could apply for additional benefits for A. based on school attendance from ages 18 to 23 by filing a completed VA Form 21-674, Request for Approval of School Attendance. Furthermore, a specific claim must be filed in order for benefits to be paid or furnished to any individual under the laws administered by VA. 38 U.S.C. § 5101(a); 38 C.F.R. § 3.151(a). Thus, the Veteran's contentions that he did not file an earlier claim for additional dependency benefits based on A.'s school attendance because he did not realize that he needed to submit such a claim are without merit. However, the Veteran submitted the March 2023 VA Form 21-674 within one year of the May 2024 rating decision that again established his basic eligibility for additional compensation for dependents, effective November 29, 2021. Thus, pursuant to the Court's holding in Sharp, the Veteran's application for additional compensation based on A.'s school attendance was timely filed, and an effective date of November 29, 2021, is warranted for the award of additional dependency compensation based on A.'s school attendance. For these reasons, for the period prior to November 29, 2021, additional dependency benefits based on school attendance for the Veteran's daughter, A., are denied. Furthermore, for the period from November 29, 2021, to April 2, 2022, but no later, additional dependency benefits based on school attendance for the Veteran's daughter, A., are granted. S. B. MAYS 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.