Citation Nr: A26041017
Decision Date: 04/30/26	Archive Date: 04/30/26

DOCKET NO. 250617-555556
DATE: April 30, 2026

ORDER

Entitlement to recognition of C. as the Veteran's dependent spouse for the purpose of additional disability compensation is dismissed.

FINDING OF FACT

The January 2025 decisional letter did not adjudicate whether C. should be added as the Veteran's dependent spouse.

CONCLUSION OF LAW

The criteria for dismissal of entitlement to recognition of C. as the Veteran's dependent spouse for the purpose of additional disability compensation have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.  

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from February 1992 to June 2006.

This case comes before the Board of Veterans' Appeals (Board) on appeal from a January 2025 decisional letter issued by a Department of Veterans Affairs (VA) Regional Office (RO), which is the Agency of Original Jurisdiction (AOJ) in this matter.

In the July 2025 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Direct Review docket.  This means that the Board may only consider evidence of record at the time of the January 2025 decisional letter.

Entitlement to recognition of C. as the Veteran's dependent spouse for the purpose of additional disability compensation.

The Veteran appealed the January 2025 decisional letter on basis that the decision removed his ex-wife K. from his disability compensation award but did not add C. as his new dependent spouse after having submitted a May 31, 2024 claim to add her.  See July 2025 VA Form 10182 Notice of Disagreement.

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The Board notes that claimants may only appeal a matter that has been adjudicated.  While the concept of an implicit denial existed under the Legacy system, it does not exist under the Appeals Modernization Act (AMA).  See Hamill v. Collins, 166 F.4th 1030, 1034 (Fed. Cir. 2026).  Thus, the January 2025 decisional letter is not appealable concerning recognition of C. as the Veteran's dependent spouse.  Consequently, there contains no case or controversy before the Board, and the appeal is dismissed.  See 38 U.S.C. § 7105.

The Board does note, however, that an August 2025 decisional letter did adjudicate the claim and recognized C. as the Veteran's dependent spouse, effective November 30, 2020 with payment beginning December 1, 2020, so the benefit sought was granted.  If the Veteran chooses to appeal any aspect of that decision, then he may do so as the time period for appealing the decision has not expired.

 

 

S. HENEKS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Bredehorst, D.

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.