Dependents Effective Date

[broncovet]

Received a call from the VA. I have appealed the effective date for dependents benefits. I have found, on my original application (21-526) in 2002 that my VSO has listed my dependent children. However, the 2004 RO decision stated they were paying me as Single, No dependents.

The person who called said that, since it took more than a year for them to make the decision, I was required to send my dependents in AGAIN, when I did not do that, it meant I would never get paid for dependents from 2002 to 2006.

Is this right?

I have documentation that shows I listed dependents in 2002, and I thought that if there was a change, I was required to report changes..no report of changes meant no changes in dependents.

Does anyone know of the regulations on this? I really dont see how they can deny my dependents benefits in 2002, when I have documentation to show that I applied for dependendents benefits back then.

There is a shredding issue..I think they shredded my dependents form. Has anyone experienced this, or knows any regulation that says we have to put in for dependents a second time when it takes them more than a year to make a decision?

I also got a decision today denying an EED on dependents benefits. In "reasons and basis", it says, "There was not additional dependency information furnished at that time".

However, I have documentation to show that I did, in fact, list dependents at that time (2002).

Edited August 26, 2009 by broncovet (see edit history)

[deltaj]

Received a call from the VA. I have appealed the effective date for dependents benefits. I have found, on my original application (21-526) in 2002 that my VSO has listed my dependent children. However, the 2004 RO decision stated they were paying me as Single, No dependents.

The person who called said that, since it took more than a year for them to make the decision, I was required to send my dependents in AGAIN, when I did not do that, it meant I would never get paid for dependents from 2002 to 2006.

Is this right?

I have documentation that shows I listed dependents in 2002, and I thought that if there was a change, I was required to report changes..no report of changes meant no changes in dependents.

Does anyone know of the regulations on this? I really dont see how they can deny my dependents benefits in 2002, when I have documentation to show that I applied for dependendents benefits back then.

There is a shredding issue..I think they shredded my dependents form. Has anyone experienced this, or knows any regulation that says we have to put in for dependents a second time when it takes them more than a year to make a decision?

I also got a decision today denying an EED on dependents benefits. In "reasons and basis", it says, "There was not additional dependency information furnished at that time".

However, I have documentation to show that I did, in fact, list dependents at that time (2002).

I believe you can be granted a favorable decision under 38 USC 5110 (f) if you submit the Declaration of the Status of dependents form and all the required documentation as required by 38 CFF 3.205. I think this would include certified copies of marriage certificates, divorce decrees, and birth certificates for children. Please read 38 USC 5110 (f) because there is a lot of money stake.

Edited August 28, 2009 by deltaj (see edit history)

[pacmanx1]

If the veteran submitted this information when he filed the claim why should he have to resubmit it. This is stupid, broncovet looks like you have to file a NOD

[broncovet]

Thank you pete and delta..I agree with both of you. The VA's "position" is that I got a RO decision that listed me as a single person which became final after a year.

I think that means that I have to meet the "CUE" standard, fortunately, whether or not I have children/dependents or not should be easy to prove. I am frustrated that the Va just wont pay me for this..why do they make me go to court to prove the obvious? I know the answer..they know that many Veterans will lack the knowledge/persistance to appeal this, and will just give up and they will win again.

[carlie]

Received a call from the VA. I have appealed the effective date for dependents benefits. I have found, on my original application (21-526) in 2002 that my VSO has listed my dependent children. However, the 2004 RO decision stated they were paying me as Single, No dependents.

The person who called said that, since it took more than a year for them to make the decision, I was required to send my dependents in AGAIN, when I did not do that, it meant I would never get paid for dependents from 2002 to 2006.

Is this right?

I have documentation that shows I listed dependents in 2002, and I thought that if there was a change, I was required to report changes..no report of changes meant no changes in dependents.

Does anyone know of the regulations on this? I really dont see how they can deny my dependents benefits in 2002, when I have documentation to show that I applied for dependendents benefits back then.

There is a shredding issue..I think they shredded my dependents form. Has anyone experienced this, or knows any regulation that says we have to put in for dependents a second time when it takes them more than a year to make a decision?

I also got a decision today denying an EED on dependents benefits. In "reasons and basis", it says, "There was not additional dependency information furnished at that time".

However, I have documentation to show that I did, in fact, list dependents at that time (2002).

Bronco,

Here's what I see and only my opinion.

1) The 21-526 form is the one and only original application for SC of

VA disability and/or pension benefits. This form is not a blanket

control item for other issues such as dependent benefits, educational benefits,

VA home load gaurantee, etc...

the 21-526 is an application for SC of disability and/or pension.

Just because your dependents are listed on the 21-526 does not mean

(at all) that when a rating decision is promulgated and compensation is granted

that VA then looks at your 21-526 inorder to add any dependent benefits to the award.

Prior to I think 1975 - a SC'd vet had to be rated at 50 % SC

to be eligible for additional dependent compensation, I believe the change to

30 % went into effect around 1975.

Dependent compensation does not even come into play until a rating decision grants SC compensation.

Example of the steps to dependent pay:

1) Veteran submits 21-526

2) SC compensation is granted at 30 % or higher (post 1975 change from 50 %).

VARO should send VA form21-686c to claimant along with official award letter.

3) Veteran returns VA form 21-686c to VARO along with all documentation of dependents

requested on this form.

This form and the additional information requested needs to be submitted within one year.

If this is done within this timeframe, dependent compensation should go back to the date the veteran was granted SC compensation at 30 % or higher.

FYI - I am struggling to get dependent pay back from 1978.

jmho,

carlie

[broncovet]

Carlie

Thank you for your response. Altho I can see your point, I am hopefull that a Vets advocate I talked to a few years ago is right: You dont have to file your documents on a particular form number to be valid. He said you could file a claim on a napkin, and if it contained all the evidence, your claim would have to be awarded by law. While there is no doubt in my mind the VA uses all excuses to deny, and especially invalid excuses like, "you sent the correct information in on the wrong form". I do know that a claim has to be signed by a Veteran to be valid. But, I am guessing you could sign a napkin that says, "I certify that everything written on this napkin is true to the best of my knowledge".

The case in point is Moody vs Prinipii, which states, in pertinent part:

"The VA regulation governing informal claims provides that: Any communication or action, indicating an intent to apply for one or more benefits under the laws administered by the Department of Veterans Affairs, from a claimant, his or her duly authorized representative, a Member of Congress, or some person acting as next friend of a claimant who is not sui juris may be considered an informal claim. Such informal claim must identify the benefit sought."

I think this is, in part, what Alex was talking about when he said to the effect that when a Veteran tells his VA doc he is unemployed, that constitutes an informal claim for TDIU. (I am pretty sure the Veteran would have already applied for benefits, and this statement would constittue an INCREASE in benefits. However, that is not clear to me)

The way I interpret this is that any communication or action is acceptable, and that there is no requirement of any particular form number to establish an informal claim. Yes, I do think the Vetran will need to follow up, with a formal claim on the right form, with all i's dotted and t's crossed, which I have done, but the informal claim, even if it is on a napkin, establishes the effective date.

I hope I am right about this.

Edited August 28, 2009 by broncovet (see edit history)

[carlie]

bronco,

I stand firm in my opinion that the 21-686c and the additional evidence requested

must be submitted prior to dependent's compensation being paid.

Now I will say there is a chance of this being over-ridden.

IF AFTER, 30 % or higher of SC comp has been granted -

the claimant submits on any peice of paper

ALL OF THE INFORMATION AND DOCUMENTATION THAT IS ASKED AND REQUESTED

as contained on the 21-686c,

then that should be considered as a claim for dependent compensation.

In other words if on that peice of paper the claimant list

Names Addresses, DOB, SSA #, includes copies of divorce decrees, marriage certificates,

birth certificates, adoption papers etc...

carlie

Here are some cases for study.

http://www.va.gov/vetapp06/files4/0627277.txt

http://www.va.gov/vetapp06/files4/0629475.txt

http://www.va.gov/vetapp06/files2/0606628.txt

http://www.va.gov/vetapp08/files3/0819294.txt

Although the evidence shows that VA had notice of the

veteran's marriage in 1970, the Board finds that the RO's

request for a completed VA Form 21-686c was reasonable under

the circumstances of this case, as his spouse's social

security number was not of record. See 38 C.F.R. §§ 3.204,

3.216. The veteran's failure to respond to the RO's request

meant that the RO was not fully informed of his spouse's

social security number until the information was provided in

December 2005.

The laws are clear that to establish entitlement to

additional benefits for a dependent spouse, the mere fact

that the veteran has submitted evidence showing that he or

she is married is not sufficient to award such benefits. He

was also required to provide his spouse's social security

number. The RO was not obligated to begin paying additional

benefits for a dependent spouse until this information was

received. The veteran was required to follow through with

specific information after VA compensation benefits were

awarded to him, as required by law. He failed to do so. As

more than a year had elapsed since the veteran's 30 percent

disability rating was assigned, and the receipt of the

required information, the RO was entitled to make the

increase in compensation for the veteran's dependent spouse

effective from the first day of the month following the month

in which the required information on his dependent spouse was

received.

Accordingly, for the reasons and bases discussed above, the

veteran's appeal must be denied on the basis of lack of

entitlement under the law. See Sabonis v. Brown, 6 Vet. App

[deltaj]

bronco,

I stand firm in my opinion that the 21-686c and the additional evidence requested

must be submitted prior to dependent's compensation being paid.

Now I will say there is a chance of this being over-ridden.

IF AFTER, 30 % or higher of SC comp has been granted -

the claimant submits on any peice of paper

ALL OF THE INFORMATION AND DOCUMENTATION THAT IS ASKED AND REQUESTED

as contained on the 21-686c,

then that should be considered as a claim for dependent compensation.

In other words if on that peice of paper the claimant list

Names Addresses, DOB, SSA #, includes copies of divorce decrees, marriage certificates,

birth certificates, adoption papers etc...

carlie

Here are some cases for study.

http://www.va.gov/vetapp06/files4/0627277.txt

http://www.va.gov/vetapp06/files4/0629475.txt

http://www.va.gov/vetapp06/files2/0606628.txt

http://www.va.gov/vetapp08/files3/0819294.txt

Although the evidence shows that VA had notice of the

veteran's marriage in 1970, the Board finds that the RO's

request for a completed VA Form 21-686c was reasonable under

the circumstances of this case, as his spouse's social

security number was not of record. See 38 C.F.R. §§ 3.204,

3.216. The veteran's failure to respond to the RO's request

meant that the RO was not fully informed of his spouse's

social security number until the information was provided in

December 2005.

The laws are clear that to establish entitlement to

additional benefits for a dependent spouse, the mere fact

that the veteran has submitted evidence showing that he or

she is married is not sufficient to award such benefits. He

was also required to provide his spouse's social security

number. The RO was not obligated to begin paying additional

benefits for a dependent spouse until this information was

received. The veteran was required to follow through with

specific information after VA compensation benefits were

awarded to him, as required by law. He failed to do so. As

more than a year had elapsed since the veteran's 30 percent

disability rating was assigned, and the receipt of the

required information, the RO was entitled to make the

increase in compensation for the veteran's dependent spouse

effective from the first day of the month following the month

in which the required information on his dependent spouse was

received.

Accordingly, for the reasons and bases discussed above, the

veteran's appeal must be denied on the basis of lack of

entitlement under the law. See Sabonis v. Brown, 6 Vet. App

Note that the V.A. points to the one year time frame since the award was made to the veteran [see 38 USC 5110 (f)].

[carlie]

http://www.va.gov/vetapp02/files04/0217298.txt

Analysis

The veteran contends that she is entitled to an earlier

effective date for the payment of benefits by reason of her

dependent child. She posits that additional compensation

should have been effective earlier since the evidence of her

dependents was in the file before the date that she became

eligible for additional compensation for them.

Veterans who are entitled to compensation for service-

connected disabilities are entitled to additional

compensation for dependents, including a spouse and child,

provided that the disability is rated not less than 30

percent disabling. 38 U.S.C.A. § 1115 (West 1991). In this

case, the veteran was granted an increased rating to 30

percent for her gastrointestinal disability in December

1999. She was informed of her eligibility for additional

compensation that same month, and provided a form to submit

to VA. She did not respond within one year. Subsequently

in April 2001, she submitted a form declaring dependents and

additional compensation was granted effective the date of

receipt of her declaration.

As noted above, except as otherwise provided, the effective

date of an evaluation and award of pension, compensation or

dependency and indemnity compensation based on an original

claim, a claim reopened after final disallowance, or a claim

for increase will be the date of receipt of the claim or the

date entitlement arose, whichever is the later. Awards of

additional compensation for dependents shall be effective

the latest of the following dates:

(1) Date of claim. This term means the following listed in

order of applicability:

(i) Date of veteran's marriage or birth of his or her child,

or adoption child, if the evidence of the event is received

within one year of the event otherwise.

(ii) Date notice is received of the dependent's existence,

if evidence is received within one year of VA request.

(2) Date dependency arises;

(3) Effective date of the qualifying disability rating

provided evidence of dependency is received within one year

of notification of such rating; or

(4) Date of commencement of veteran's award.

In this case, the veteran did not inform the RO of her

dependent's existence within one year of the VA's request in

December 1999. Thus, the effective date for the assignment

of additional compensation based on recognition of a

dependent child is the date the VA was informed via Form 21-

686c, April 24, 2001.

ORDER

An earlier effective date prior to June 24, 1998, for the

assignment of a 50 percent evaluation for a gastrointestinal

disability is denied.

An effective date earlier than April 24, 2001 for additional

compensation based on recognition of a dependent child is

denied.

Edited August 31, 2009 by carlie (see edit history)

[broncovet]

Carlie and Delta..

Thank you for looking up these BVA cases for me. They are quite helpful, and probably mean that I will have to appeal beyond the BVA.

You correctly pointed out, frankly, that the BVA is kind of like the VA in that they are going to keep making legal errors until one of the higher courts stops them.

There is not much doubt in my mind that the VA and BVA are committing legal errors in requiring the Veteran to submit MULTIPLE requests for dependents..one at application and another request after the VA err's and only awards the Veteran benefits as a single person.

The BVA and VA has, as you pointed out, gotten away with this so far. I think this legal issue needs to be "tested" by the higher courts to see if the higher courts simply allow the VA to "blow off" the Veterans initial dependent application, and make it final when the VA "overlooks" the dependents on the decision. Its another clever way the VA tries to rob Veterans of his benefits, but, if I can, I am going to close this loophole for myself and other Veterans by appealing it to the CAVC/federal courts if necessary.

I really do not think the BVA decision will stick. The VA is required, by congress, to give a sympathetic reading of all the Veterans filings, and I plan on arguing that requiring a Veteran to file for dependent benefits TWICE fails to comply with this congressional mandate. One filing should be sufficient. I need to do lots more research on this, and thank you for your help.

[carlie]

I feel confident that requesting dependent compensation is

always viewed as a claim for increase.

I think the point being missed is that the filing of a 21-526

in and of itself, is not a way of requesting an increase in compensation

benefits for our dependents because as of the filing of a 21-526

no compensation has of yet been awarded.

It is not until a disability compensation level of 30% or higher is awarded

that then makes us eligible for dependent compensation,

at which time VA is supposed to provide a 21-686c.

When the 21-686c and all of the requested documentation that

goes along with it is submitted within one year of the initial

(30 % or higher level) grant - that is when dependent compensation will be retro'd

back to the date of the award.

I feel fairly confident that this has already been addressed at least once,by a decision

of the Court, but I do not have the energy to find it now.

jmho,

carlie

[Commander Bob]

There is a shredding issue..I think they shredded my dependents form. Has anyone experienced this,

When I declared that my VA denial letter was missing elements that might point to shereddergate. My NSO, looked in my file, at my request, and reported that the missing DD215 was in a clear plastic cover in my records. Odd stuff going on over there....

[broncovet]

Carlie

Not trying to be argumentative, however, when a Veteran asks for benefits, he is assumed to be seeking the MAXIMUM benefit allowed by law. This would include things like dependents benefits, SMC, Aid and attendance, etc., if it was determined he was entitled to those benefits.

This would make sense..can you imagine someone applying for benefits and telling the Va he is seeking the lowest benefit possible? Even tho this seems ridiculious, the VA often assumes the Veteran is seeking ONLY one benefit he may be eligible for, and blowing off the others, that is, assuming the Veteran is seeking the lowest benefit possible.

It is just another trap to catch the Veteran unaware and reduce/deny/delay his benefits.

Oh, and yes, it may have already been decided by the higher courts..I need to research it much more and see if the Va can, in fact, get away with "putting it to" Veterans in still another way.

The only thing I am getting at is just because the VA has gotten away with this is the past, does not necessarily mean that they can get away with it now or in the future. For example, for years the VA got away with denying Vets claims for years because they "were not well grounded" but they can no longer do that because someone "tested" this in a higher court and won. Vets no longer have to prove their claim is "well grounded".

Edited August 31, 2009 by broncovet (see edit history)

[carlie]

Carlie

Not trying to be argumentative, however, when a Veteran asks for benefits, he is assumed to be seeking the MAXIMUM benefit allowed by law. This would include things like dependents benefits, SMC, Aid and attendance, etc., if it was determined he was entitled to those benefits.

This would make sense..can you imagine someone applying for benefits and telling the Va he is seeking the lowest benefit possible? Even tho this seems ridiculious, the VA often assumes the Veteran is seeking ONLY one benefit he may be eligible for, and blowing off the others, that is, assuming the Veteran is seeking the lowest benefit possible.

It is just another trap to catch the Veteran unaware and reduce/deny/delay his benefits.

Oh, and yes, it may have already been decided by the higher courts..I need to research it much more and see if the Va can, in fact, get away with "putting it to" Veterans in still another way.

The only thing I am getting at is just because the VA has gotten away with this is the past, does not necessarily mean that they can get away with it now or in the future. For example, for years the VA got away with denying Vets claims for years because they "were not well grounded" but they can no longer do that because someone "tested" this in a higher court and won. Vets no longer have to prove their claim is "well grounded".

bronco,

The answer lies in (what delta posted) Effective Dates USC 5110 (f) also, USC 1115.

The 21-526 is only an application for Compensation and/or Pension benefits.

UNTIL 30% or higher of SC is granted there is NO eligibility for dependent compensation,

(this of course has nothing to do with DIC claims).

All of this has nothing to do with seeking the highest benefits possible.

It concerns:

Has the vet or the spouse had a previous marriage -

if yes - has proof been submitted that the previous marriage legally ended thus leaving them free to marry,

if yes has proof been submitted of a valid marriage of the vet and the spouse,

if yes, is there a claim for additional compensation for dependent child or children,

if yes, has proof been submitted that the child is a biological child of the veteran or legal proof of adoption or if the veteran has been divorced from the other parent is there court ordered child support in place,

if the child is of school age is there proof of the child being enrolled for education,

have social security numbers been provided for dependent compensation for spouse and child or children.

Most of this information is requested on the 21-686c - that does not come until

SC has been granted at 30 % or higher etc...

I feel if you truly want to take on this beast of an endeavor one of the first

things you would have to do is re-visit your 21-526 for proof to see if in the

dependent section you listed all of the required information such as names,

DOB, addresses, SSA numbers, evidence of submitting documents for any divorce decrees, marriage certificates,birth certificates, etc...

Also keeping in mind that any of these documents you submitted to the DOD

prior to or while on active duty - does not count for submitting the documents to VBA.

jmho,

carlie

[LarryJ]

And, then again, here is another example of things:

When I filled out my first claim, via VONAPPS, online, the claim format is very extensive, covering most everything. In this VONAPPS claim form is the required dependents information (name, SSA#, address, dob, whether biological if child, if married have you been married before, if so when, where, if divorced from prior spouse or widowed, date, etc.) and, even though it does not ask for copies of birth and marriage certificates I sent them by follow-up snail mail.

Never heard another word from the VA, and when I attained and surpassed my required 30% or better, bingo, the "award" of my spousal increase showed up, along with a letter from the RO indicating the same (letter looks just like a "regular" award letter, as if you filed a claim (which, I suppose, you did, in fact)).

The system worked as it should.

I have since found out that if your VONAPPS is essentially "complete"....and things look okay to the VA......then you do not even have to send in copies of your dependents certificates!

[broncovet]

Larry...

Lets send your claim to the Guiness Book of World Records...this is probably the first time the VA ever processed things the way they are supposed to. I am sure, however, the VA must have messed at least part of your claim up or you would not be here on hadit..so..there goes your world record. If any one else, however, had their claim by the VA done right the first time, surely Guiness will want to hear from you.

Edited August 31, 2009 by broncovet (see edit history)

[carlie]

And, then again, here is another example of things:

When I filled out my first claim, via VONAPPS, online, the claim format is very extensive, covering most everything. In this VONAPPS claim form is the required dependents information (name, SSA#, address, dob, whether biological if child, if married have you been married before, if so when, where, if divorced from prior spouse or widowed, date, etc.) and, even though it does not ask for copies of birth and marriage certificates I sent them by follow-up snail mail.

Never heard another word from the VA, and when I attained and surpassed my required 30% or better, bingo, the "award" of my spousal increase showed up, along with a letter from the RO indicating the same (letter looks just like a "regular" award letter, as if you filed a claim (which, I suppose, you did, in fact)).

The system worked as it should.

I have since found out that if your VONAPPS is essentially "complete"....and things look okay to the VA......then you do not even have to send in copies of your dependents certificates!

Larry,

You are one of the few we can say BRAVO to.

It was nice of them to do what they get paid for:)

carlie

[navydoc2]

I am wondering about this too, last week I was called by the RO to tell me that I was awarded IU, 10% for tinnitis 70% for depression and continued at 10 % for left knee while being denied bilateral hearing loss. In our conversation she said that they could not confirm the ssn for one of my children. I did not think of this until I hung up of course; but does that mean that since I've been 40% since 06 the VA has not been paying me for all of my dependents? Unlike you bronco I'm not sure if this is worth pursuing til the final long winding outcome. I'm like Carlie I guess I don't have the energy to fight it just curious. Good luck though bronco.

[broncovet]

Carlie

It would seem relevant that the Veteran had sought the MAXIMUM benefit, which would incude dependents benefits, if applicable, because the effective date would be which ever was the later of the application date, or the date the benefit arose. The "application date" of dependent benefits would be the same date as the application, if the Veteran listed his dependents, because he was seeking the max benefit including compensation for dependents.

That is, since the Veteran was seeking the max benefit, and the max benefit includes compensation for dependents, his initial application for benefits would also be an application for dependent compensation.

I think the VA tries hard to chop up the Veterans claim into small pieces..one claim for dependents, another for depression, another for arthritis, another for SMC, etc. However, the Veteran was applying for VA benefits...the max benefit, and the VA has a duty to assist the Veteran in obtaining the max benefit the law will allow..to which he is entitled. The Veteran is required to specify the benefit sought, however, the Veteran is not required to know what TDIU is, what SMC is, etc. etc. If the Veteran tells his VA doc that he is depressed and unemployed due to PTSD the courts have regarded this as an informal claim for increase. The VA is then required to assist the Veteran with his TDIU, PTSD and depression claims, explaining to the Veteran if/what other documentation is required to "perfect" his claim for benefits.

I am going to look at my 2004 decision..because, if they told me that I had to send a 21-526, birth cert, etc, in order to collect dependents benefits, and I did not do so within a year, then I am probaly out of luck and would have to file a CUE claim, contending that the decision had CUE in that my dependents were inadvertently left off of the decision.

I dont know if anyone has "Cue'd" a decision because it failed to include dependent benefits when the VEteran told the VA he had dependents when he applied, but that would seem to be a clear unmistakable error if the VA had the incorrect dependents on the decision.

I was hoping to avoid a cue claim, since the standard is stiff.

In my case, I have in my possesion the application which includes my dependents listed. If my application for dependents benefits was incomplete, such as needing birth certs, 21-526,s etc, then the VA is required to assist me by telling me what is necessary to make my claim complete. If they did NOT do this, then the monkey is on their back. If they told me what was required, and I failed to send it in, then its my fault.

[LarryJ]

Larry...

Lets send your claim to the Guiness Book of World Records...this is probably the first time the VA ever processed things the way they are supposed to. I am sure, however, the VA must have messed at least part of your claim up or you would not be here on hadit..so..there goes your world record. If any one else, however, had their claim by the VA done right the first time, surely Guiness will want to hear from you.

I guess that I should have added:

"and that's about the ONLY thing that went like it was supposed to..........................."

or, I wouldn't be here!

[carlie]

Carlie

It would seem relevant that the Veteran had sought the MAXIMUM benefit, which would incude dependents benefits, if applicable, because the effective date would be which ever was the later of the application date, or the date the benefit arose. The "application date" of dependent benefits would be the same date as the application, if the Veteran listed his dependents, because he was seeking the max benefit including compensation for dependents.

That is, since the Veteran was seeking the max benefit, and the max benefit includes compensation for dependents, his initial application for benefits would also be an application for dependent compensation.

I think the VA tries hard to chop up the Veterans claim into small pieces..one claim for dependents, another for depression, another for arthritis, another for SMC, etc. However, the Veteran was applying for VA benefits...the max benefit, and the VA has a duty to assist the Veteran in obtaining the max benefit the law will allow..to which he is entitled. The Veteran is required to specify the benefit sought, however, the Veteran is not required to know what TDIU is, what SMC is, etc. etc. If the Veteran tells his VA doc that he is depressed and unemployed due to PTSD the courts have regarded this as an informal claim for increase. The VA is then required to assist the Veteran with his TDIU, PTSD and depression claims, explaining to the Veteran if/what other documentation is required to "perfect" his claim for benefits.

I am going to look at my 2004 decision..because, if they told me that I had to send a 21-526, birth cert, etc, in order to collect dependents benefits, and I did not do so within a year, then I am probaly out of luck and would have to file a CUE claim, contending that the decision had CUE in that my dependents were inadvertently left off of the decision.

Bronco - did you mean 21-686c here instead of 21-526?

Do remember they do not send this out until the claimant is granted a SC'd rating of 30% or higher.

carlie

I dont know if anyone has "Cue'd" a decision because it failed to include dependent benefits when the VEteran told the VA he had dependents when he applied, but that would seem to be a clear unmistakable error if the VA had the incorrect dependents on the decision.

Yes there are BVA cases for C&UE due to this and they are all denied.

carlie

I was hoping to avoid a cue claim, since the standard is stiff.

In my case, I have in my possesion the application which includes my dependents listed. If my application for dependents benefits was incomplete, such as needing birth certs, 21-526,s etc, then the VA is required to assist me by telling me what is necessary to make my claim complete.

They are not required to tell you what is requested until you are granted SC at 30 % or higher as you are not even considered for dependent compensation until then.

As always, this is only my opinion.

carlie

If they did NOT do this, then the monkey is on their back. If they told me what was required, and I failed to send it in, then its my fault.

bronco,

What was you'r very first SC percentage granted and when was it granted ?

carlie