The Veteran's claim for an earlier effective date for additional benefits due to his daughter pursuing a course of instruction at an educational institution approved by VA lacks legal merit as the required claim was not filed within one year of her 18th birthday.
The deciding factor: VA law requires a specific claim for additional benefits on the basis that a dependent child is pursuing a course of instruction at an educational institution approved by VA, and this claim must be filed within one year of the child's 18th birthday. The Veteran did not file such a claim timely.
- Claimed conditions
- Dependent child
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 13, 2016
- Citation
- 1601337
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 1601337.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's daughter and spouse were added as dependents after November 17, 2014. The Board denied the request for an earlier effective date.
- Denied
The Board denied the Veteran's claim for an effective date prior to February 18, 2016 for the grant of additional compensation for a dependent child. The earliest possible date assignable for the award was the date of birth/adoption of the child, which is not before February 18, 2016.
- Denied
The Veteran's claim for an earlier effective date for additional compensation benefits for a dependent child based on school attendance and concurrent receipt of DEA and disability benefits is denied as the Veteran was not entitled to such benefits before May 2016 due to his dependent child having already elected for DEA benefits.
- Granted
The Veteran was not reasonably discharging his responsibility for supporting his dependent child V.W. during the relevant period, and a general apportionment of his VA compensation benefits in the amount he received for his dependent child is granted.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.