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

[broncovet]

Clown man

You are probably right if the VA told me that I had to fill in another form to get retroactive dependents compensation. However, this smells like an "automatic denial" of dependents compensation benefits. That is, the Veteran applies for benefits, including dependent compensation, and when the award is approved, the dependent compensation is automatically denied with the award being for a single Veteran only.

The VA says there is no "automatic denial" of benefits, however, that is exactly what this is.