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.
The deciding factor: The Veteran's claim must be denied as a matter of law because he was not entitled to additional dependency benefits at the time of the grant in September 2016, given that his dependent child had already elected for DEA benefits before any claim for additional dependency benefits were submitted.
- Claimed conditions
- Dependent child
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 1, 2019
- Citation
- 19124320
Veterans Law Judge
Decisions by this judge: 2,050 · Granted: 23% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19124320.
What this means for you
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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.
- 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.
- Denied
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.
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