OTHERS

Summary

The Veteran, a Veteran who served from January 2011 to October 2024, appeals a November 2024 rating decision regarding the recognition of two children, C. and H., as dependents for VA compensation purposes. The Veteran submitted birth certificates indicating he is the biological father of both children, C. born in May 2024 and H. born in May 2016. The Board reviewed the evidence submitted under the Evidence Submission docket, noting that any evidence submitted outside the specified evidentiary window would not be considered. The Veteran's claim was based on his biological fatherhood of the children, who are both under the age of 18. The Board found the submitted birth certificates, despite a clerical error on a VA form regarding the children's birth years, clearly established the Veteran's biological fatherhood and that both children are under the age of 18. Therefore, the Board found the criteria for recognizing C. and H. as dependent children were met. The claim for dependent children recognition was granted.

Rationale

Veteran submitted birth certificates confirming biological fatherhood; Children C. and H. are under the age of 18; Criteria for dependent children recognition met

Full Decision Text

Citation Nr: A26040462
Decision Date: 04/30/26	Archive Date: 04/30/26

DOCKET NO. 251029-614808
DATE: April 30, 2026

ORDER

Entitlement to recognition of C. and H. as the Veteran's dependent children for Department of Veterans Affairs (VA) compensation purposes is granted.

FINDING OF FACT

The Veteran submitted birth certificates showing that he is the biological father of C., who was born in 2024, and H., who was born in 2016.

CONCLUSION OF LAW

The criteria for recognition of C. and H. as the Veteran's dependent children for VA compensation purposes are met.  38 U.S.C. § 101(4); 38 C.F.R. § 3.57.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from January 2011 to October 2024.  The matter is on appeal under the Appeals Modernization Act (AMA) from a rating decision issued in November 2024.

In the October 2025 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Evidence Submission docket.  Therefore, the Board may only consider the evidence of record at the time of the November 2024 agency of original jurisdiction (AOJ) decision on appeal, as well as any evidence submitted by the Veteran with, or within 90 days from receipt of, the VA Form 10182.  38 C.F.R. § 20.303.  If evidence was submitted either (1) during the period after the AOJ issued the decision on appeal and prior to the date the Board received the VA Form 10182, or (2) more than 90 days following the date the Board received the VA Form 10182, the Board did not consider it in its decision.  38 C.F.R. §§ 20.300, 20.303, 20.801. 

If the Veteran would like VA to consider any evidence that was submitted that the Board could not consider, the Veteran may file a Supplemental Claim (VA Form 20-0995) and submit or identify this evidence.  38 C.F.R. § 3.2501.  If the evidence is new and relevant, VA will issue another decision on the claim, considering the new evidence in addition to the evidence previously considered.  Id.  Specific instructions for filing a Supplemental Claim are included with this decision. 

Entitlement to recognition of C. and H. as the Veteran's dependent children for VA compensation purposes  

The Veteran seeks to establish recognition of C. and H. as his dependent children for VA compensation purposes.  The Veteran contends that he is the biological father of the two children; thus, they should be recognized as his dependent children.  

The term "child" is defined, for purposes of veterans' benefits, as an unmarried person who is a legitimate child, a child legally adopted before the age of 18 years, a stepchild who acquired that status before the age of 18 years and who is a member of the Veteran's household or was a member of the Veteran's household at the time of the Veteran's death, or an illegitimate child and who is (i) under the age of 18 years; (ii) before the age of 18 years became permanently incapable of self-support; or (iii) after reaching the age of 18 years and until completion of education or training (but not after reaching the age of 23 years) is pursuing a course of instruction at an approved educational institution.  38 U.S.C. § 101(4)(A); 38 C.F.R. § 3.57.

After a careful review of the record, the Board finds that recognition of C. and H. as the Veteran's dependent children for VA purposes is warranted.  In this case, it is clear that C. and H. are the biological children of the Veteran.  The Veteran submitted birth certificates to this effect.  Further, the birth certificates show that C. and H. are still under the age of 18.  C.'s birth certificate shows a date of birth in May 2024, and H.'s birth certificate shows a date of birth in May 2016.

The confusion of the age of C. and H. appears to stem from a November 2024 VA Form 21-686c, Application Request to Add and/or Remove Dependents.  C. and H. were listed but the incorrect years were listed for their dates of birth.  However, during an appropriate evidentiary window, the birth certificates were submitted showing the actual dates of birth of C. and H.  

Given the above,
 this effect.  Further, the birth certificates show that C. and H. are still under the age of 18.  C.'s birth certificate shows a date of birth in May 2024, and H.'s birth certificate shows a date of birth in May 2016.

The confusion of the age of C. and H. appears to stem from a November 2024 VA Form 21-686c, Application Request to Add and/or Remove Dependents.  C. and H. were listed but the incorrect years were listed for their dates of birth.  However, during an appropriate evidentiary window, the birth certificates were submitted showing the actual dates of birth of C. and H.  

Given the above, the criteria for recognition of C. and H. as the Veteran's dependent children for VA compensation purposes are met.  The claim is granted.  

 

 

M. SORISIO

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	B. Yoon, Counsel

The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.