OTHERS
BETHANY L. BUCK · 2026 · Case ID: A26040851
Summary
The Veteran, an Army veteran who served from May 1998 to December 2004, appealed a May 2023 decision from the Department of Veterans Affairs regional office (RO) that removed his wife and daughter as dependents due to a lack of verification. The Veteran submitted a VA Form 10182 with the Evidence Submission docket, including his marriage certificate, his daughter's adoption decree, tax documents listing his daughter as a dependent, an insurance card listing both individuals, and a personal statement affirming the ongoing dependency relationships. The Board reviewed the submitted evidence against the criteria in 38 C.F.R. § 3.205 for marriage and 38 C.F.R. § 3.209 for birth. The Board found the submitted documentation sufficient to establish both his wife and daughter as dependents for VA purposes. Consequently, the Board granted entitlement to recognition of his wife and daughter as dependents for VA purposes.
Rationale
Marriage certificate submitted; Sufficient documentation provided
Full Decision Text
Citation Nr: A26040851 Decision Date: 04/30/26 Archive Date: 04/30/26 DOCKET NO. 240120-413071 DATE: April 30, 2026 ORDER Entitlement to recognition of J.M., as the Veteran's dependent spouse for Department of Veterans Affairs (VA) purposes, is granted. Entitlement to recognition of L.M., as the Veteran's dependent child for Department of Veterans Affairs (VA) purposes, is granted. FINDINGS OF FACT 1. The Veteran has submitted sufficient evidence to support recognition of J.M. as his dependent spouse for VA purposes. 2. The Veteran has submitted sufficient evidence to support recognition of L.M. as his dependent child for VA purposes. CONCLUSIONS OF LAW 1. The criteria for recognition of J.M., as the Veteran's dependent spouse for VA purposes, are met. 38 U.S.C. § 1115; 38 C.F.R. §§ 3.205. 2. The criteria for recognition of L.M., as the Veteran's dependent child for VA purposes, are met. 38 U.S.C. § 1115; 38 C.F.R. §§ 3.209. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served in the United States Army from May 1998 to December 2004. The Veteran's claim originates from a May 2023 notification letter issued by a Department of Veterans Affairs (VA) regional office (RO). In the January 2024 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 January 2024 agency of original jurisdiction (AOJ) decision on appeal, as well as any evidence submitted by the Veteran or his representative 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. No such evidence was submitted outside of this window 1. Entitlement to recognition of J.M., as the Veteran's dependent spouse for Department of Veterans Affairs (VA) purposes, is granted. 2. Entitlement to recognition of L.M., as the Veteran's dependent child for Department of Veterans Affairs (VA) purposes, is granted. The Veteran contends that his wife and daughter should be added as dependents for VA purposes. The May 2023 AOJ decision removed them from the Veteran's award because he did not submit evidence to verify that they were still dependents. In pertinent part, 38 C.F.R. § 3.205 (marriage) and 38 C.F.R. § 3.209 (birth) govern the circumstances herein. Both provide examples of the proof needed to establish dependency, to include certain documents. Along with his VA Form 10182, the Veteran submitted his marriage certificate to his wife, the adoption decree for his daughter, taxes showing that his daughter was a dependent, an insurance card listing both individuals, and a statement explaining his ongoing dependency relationships with his wife and daughter. These submissions were timely and appropriately submitted as the Veteran selected the Evidence Submission docket. Given the above, the Veteran has submitted sufficient documentation to establish that his spouse and child are dependents for VA purposes. Thus, the claims are granted. Bethany L. Buck Veterans Law Judge Board of Veterans' Appeals Attorney for the Board I. M. Hitchcock 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. establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.