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

[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

[sharon]

The information contained on a 686c is good for one year. So, you ask the reason why? Because the information is subject to change ie., death, divorce, new borns, etc. Once an award is made of 30 there was a notification giving you one year to submitt your updated information. At that time your dependency would have been granted going back to the effective date of the award.

[Commander Bob]

...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.

I'm on your side Broncovet. Please help me understand better. ...So in your 2002, 21-526 part "c", you included all dependents names, social security numbers, dates and places of birth. Correct? The instructions get's a bit vague at this point. , however it mentions " copies of public birth records of each child you claim as a dependent", ( May be required in some cases ). Did you send your kids info with copies of birth records with your original 2002 21-526?

So when you were suppose to send a 21-686c, you did not, because you thought is was already covered on the 21-526? And no changes were made. correct?

Edited September 1, 2009 by Commander Bob 92-93

[Ricky]

Bronco - the VA, right or wrong, considers the maximum benefit to be the maximum benefit for the disability the veteran is claiming.

Once awarded at the 30 percent level they specifically tell you that our records indicated that you are being paid at the single rate AND that you may be eligible for additional benefits for dependents. My award package contained a blank 686c and they told me that if it was completed and filed within one year of the award any benefits my dependents may be eligible for could be awarded back to the date of the award.

You gotta keep in mind the wording of these things as they play straight from the black and white in these areas. The vets original claim does provide info on the dependents, HOWEVER it is a claim for disability benefits for the veteran.

Dependent benefits are for the dependents and not the veteran, therefore, a seperate application for them is required. the online system, if used, generates such an application when you put your claim together. If you are doing it by hard copy and you suspect that you will be awarded 30 percent or higher then you can also fill out and provide the 686c with your claim. THEN if they fail to pay and you take no action you could possibly have a CUE claim for the effective date of dependent payment.

[broncovet]

Commander Bob:

You are correct in your assumptions, with the exception that I did not incude my dependents birth certificates.

If my claim for increased compensation due to dependents was deficient due to me not including the birth certificates, the VA is required under VCAA to tell me what is necessary to complete my claim, that is, I am required to submit birth certificates. If they dont do their "duty to assist", how am I supposed to know that birth certificates. or a second application for dependents compensation is required (if that is the case)?

I want to thank everyone who posted..even if you took the opposite position I have taken, because I know the VA is going to hit me with everything..even the legal "kitchen sink"..to try to deny my claim. Even the "naysayers" are helping me to try to anticipate and counter the VA's long "excuse list to deny".