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

[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

[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.