Citation Nr: A25035383 Decision Date: 04/16/25 Archive Date: 04/16/25 DOCKET NO. 240209-414944 DATE: April 16, 2025 ORDER Entitlement to an effective date prior to February 1, 2024, for the addition of the Veteran's spouse, K. M., and her child, B. M., as her dependents to her award of VA disability compensation is denied. FINDING OF FACT The Veteran did not claim K. M. and B. M. as her dependents until January 2024, more than one year after her marriage to K. M. and the birth of B. M. CONCLUSION OF LAW The criteria for an effective date prior to February 1, 2024, for the addition of the Veteran's spouse, K. M., and her child, B. M., as her dependents to her award of VA disability compensation have not been met. 38 U.S.C. §§ 1115, 5110; 38 C.F.R. §§ 3.4, 3.204, 3.401. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served honorably on active duty with the United States Marine Corps from July 2012 to September 2015. This case comes before the Board of Veterans' Appeals (Board) on appeal from a January 2024 decision issued by a Department of Veterans Affairs (VA) Regional Office (RO), which is the agency of original jurisdiction (AOJ) in this matter. In the February 2024 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Direct Review docket. Therefore, the Board may only consider the evidence of record at the time of the January 2024 AOJ decision on appeal. 38 C.F.R. § 20.301. Any evidence submitted after the AOJ decision on appeal cannot be considered by the Board. 38 C.F.R. §§ 20.300, 20.301, 20.801. If the Veteran would like VA to consider any evidence that was submitted that the Board could not consider, the Veteran may file a Supplemental Claim (VA Form 20-0995) and submit or identify this evidence. 38 C.F.R. § 3.2501. If the evidence is new and relevant, VA will issue another decision on the claim, considering the new evidence in addition to the evidence previously considered. Id. Specific instructions for filing a Supplemental Claim are included with this decision. Entitlement to an effective date prior to February 1, 2024, for the addition of the Veteran's spouse, K. M., and her child, B. M., as her dependents to her award of VA disability compensation Veterans who have service-connected disabilities rated as 30 percent disabling and higher may be entitled to additional compensation for dependents. 38 U.S.C. § 1115; 38 C.F.R. § 3.4(b)(2). When determining the effective date for an award of additional compensation for dependents, the effective date will be the last of the following dates: (1) date of claim; (2) date the dependency arises; (3) effective date of the qualifying disability rating provided evidence of dependency is received within a year of notification of such rating action; or (4) date of commencement of the Veteran's award. 38 C.F.R. § 3.401(b). If evidence of a dependent child's birth is received within one year of the event, the "date of claim" will be the date of that event; otherwise, the "date of claim" will be the date VA received notice of the dependent's existence. See 38 U.S.C. § 5110 (n); 38 C.F.R. § 3.401 (b)(1). The "date of claim" for additional compensation for a dependent spouse is the date of the Veteran's marriage, if evidence of the event is received within a year of the event; otherwise, the date notice is received of the dependent's existence, if evidence is received within a year of VA's request. 38 U.S.C. § 5110; 38 C.F.R. § 3.401. The earliest that the additional award of compensation for a dependent can occur is the first day of the month following the effective date. 38 C.F.R. § 3.31. Under 38 U.S.C. § 5101(a), a specific claim must be filed 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 to establish a right to VA benefits. See 38 U.S.C. § 501. 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). The Court of Appeals for Veterans Claims (Court) has 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. Sharp v. Shinseki, 23 Vet. App. 267, 276 (2009). However, while the Court held that there can be "multiple rating decisions that establish entitlement to additional dependency compensation," it still required that proof of dependent status be submitted within one year of notice of rating action. Id. VA will accept, for purposes of determining entitlement to benefits under laws administered by VA, the statement of a claimant as proof of marriage, dissolution of a marriage, birth of a child, or death of a dependent, provided that the statement contains: the date (month and year) and place of the event; the full name and relationship of the other person to the claimant; and the social security number of the other person. 38 U.S.C. § 5124; 38 C.F.R. § 3.204. Regardless of the regulation governing effective dates of awards, payment of monetary benefits begins the first day of the month following the effective date. However, beneficiaries will be deemed to be in receipt of monetary benefits during the period between the effective date of the award and the date payment commences. 38 C.F.R. § 3.31. Here, the Veteran has met the threshold criteria of a minimum 30 percent disability rating for basic entitlement to additional payment for dependents since September 30, 2015-the day after her discharge from active service. 38 U.S.C. § 1115. In January 2024, the Veteran submitted a VA Form 21-686c Application Request To Add And/Or Remove Dependents listing K. M. as her spouse and B. M. as her biological child. She reported that B. M. was born on [REDACTED], 2019, and that she and K. M. had married on August 1, 2020. In the January 2024 decisional letter on appeal, the RO notified the Veteran that K. M. and B. M. were added to her award effective February 1, 2024. In her February 2024 VA Form 10182, the Veteran expressed disagreement with the effective date of the addition of her dependents to her award of VA disability compensation, writing, "husbands claim effective 1-1-23." After careful review of the record, the Board finds that an earlier effective date for the addition of K. M. and B. M. to the Veteran's award is not warranted. The effective date when the Veteran's combined rating was at least 30 percent was September 30, 2015; there have been no additional rating decisions giving rise to entitlement to additional compensation for dependents. The date of B. M.'s birth was [REDACTED], 2019, and the date of the Veteran's marriage to K. M. was August 1, 2020; she did not submit evidence of either event within one year of the event. The date the Veteran's claim for additional compensation for dependents was received by VA was January 22, 2024. As noted above, the earliest that the additional award of compensation for a dependent can occur is the first day of the month following the effective date. 38 C.F.R. § 3.31. As the law instructs that the effective date for additional compensation for dependents is the latest of the dates discussed above, the addition of the Veteran's dependent spouse, K. M., and her child, B. M., to her award effective February 1, 2024, was proper. In reaching this conclusion, the Board acknowledges the Veteran's contention that her husband's claim was effective January 1, 2023; however, there is no evidence in the claims file indicating that the Veteran herself claimed K. M. and B. M. as dependents prior to her submission of the VA Form 21-686c Application Request To Add And/Or Remove Dependents in January 2024. Therefore, the Board finds that an effective date prior to February 1, 2024, for the award of additional compensation benefits for the Veteran's spouse, K. M., and her child, B. M., is not warranted. L. CHU Veterans Law Judge Board of Veterans' Appeals Attorney for the Board G. T. Raftery, 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.