Citation Nr: A26036498 Decision Date: 04/20/26 Archive Date: 04/20/26 DOCKET NO. 250310-524048 DATE: April 20, 2026 ORDER Entitlement to an effective date earlier than June 6, 2023, for recognition of J.W. as the Veteran's child for the purposes of additional dependency compensation is denied. FINDINGS OF FACT 1. J.W. is the Veteran's biological child and attained age 18 in December 2022. 2. The evidence of record indicates J.W. began a course of study at an approved educational institution on June 6, 2023. 3. The first claim for dependency compensation benefits received by the Department of Veterans Affairs (VA) regarding J.W.'s school attendance was in December 2023. CONCLUSION OF LAW The criteria for an effective date earlier than June 6, 2023, for recognition of J.W. as the Veteran's "child" for VA benefits purposes are not met. 38 U.S.C. §§ 1115, 5110(f); 38 C.F.R. §§ 3.4, 3.57, 3.401(b), 3.667. REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran served on active duty in the United States Army from March 1997 to September 2003. This matter comes before the Board of Veterans' Appeals (Board) from a December 2024 higher-level review decision issued by a VA Regional Office that denied entitlement to an earlier effective date for recognition of J.W. as the Veteran's school-aged child for VA compensation purposes. In the March 2025 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 June 2024 agency of original jurisdiction (AOJ) decision, which was subsequently subject to higher-level review. 38 C.F.R. § 20.301. 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 earlier effective date for recognition of J.W. as the Veteran's child is denied The Veteran's appeal centers around his claim for additional dependency compensation due to his son's school attendance between the ages of 18 and 23. This benefit is available to any veteran with dependents whose disability is rated not less than 30 percent. 38 U.S.C. § 1115. Adult children can qualify as dependents for these purposes if the child in question is between the ages of 18 and 23 who is pursuing a full-time course of instruction at an approved educational institution. 38 C.F.R. § 3.57(a)(iii). The record reflects that the Veteran has been in possession of a qualifying disability rating that would allow for additional dependency compensation since the period prior to J.W.'s eighteenth birthday in December 2022. When determining the effective date for an award of additional compensation for dependents, the effective date will be the last of the following dates provided that sufficient evidence is received: (1) the date of claim; (2) the date the dependency arises; (3) the effective date of the qualifying disability rating; or (4) the date of commencement of the veteran's award. 38 C.F.R. § 3.401(b). However, when the dependency award is based on school attendance by the child between the ages of 18 to 23, the provisions of 38 C.F.R. § 3.667 are applicable. That regulation clarifies that pension or compensation may be paid from a child's 18th birthday based upon school attendance if the child was at that time pursuing a course of instruction at an approved educational institution or, if the course began after a child's eighteenth birthday, from the commencement of the course of instruction if a claim is filed within one year from those respective dates. The only claim for additional dependency compensation for J.W. that was received by VA after he attained age 18 was submitted in December 2023. That standardized claim form reported that J.W. was presently attending a full-time course of study at an accredited school and that the date of the current term began in August 2023. However, it also identified an earlier term in the summer of 2023 that J.W. had completed, which had begun on June 6, 2023. No earlier period of schooling was identified by the claim form. In the higher-level review request to the initial grant of recognition of J.W. effective June 6, 2023, the Veteran's former representative contended that VA already had all information on record to grant J.W. recognition as the Veteran's child dating back to his eighteenth birthday in December 2022. He stated that the Veteran had submitted a formal filing to qualify J.W. as a dependent from that date and that, at a minimum, VA's duty to assist the Veteran in the development of his claim had been triggered. The Board finds that the only competent evidence of record indicates J.W. first began a course of study at an approved educational institution after his eighteenth birthday on June 6, 2023. That was after J.W.'s eighteenth birthday, and is therefore the first possible effective date allowable by 38 C.F.R. § 3.667(a)(2). Contrary to the former representative's assertions, there is simply no other evidence of record suggesting that J.W. began an even earlier course of study, and the Board does not find that VA had a duty to assist the Veteran by further inquiring as to any earlier attendance. The appeal is denied. M. Tenner Veterans Law Judge Board of Veterans' Appeals Attorney for the Board B. Whitelaw, 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.