BVA9503638 
DOCKET NO.  93-10 808     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Manila,
Philippines

THE ISSUE

Entitlement to an earlier effective date and commencement of
payment of an increased award because of an added dependent.

ATTORNEY FOR THE BOARD

Sandra L. Smith, Associate Counsel

INTRODUCTION

The veteran had active service from June 1946 to January 1948.
This appeal is before the Board of Veterans' Appeals (the Board)
from a December 1992 administrative decision of the Regional
Office (RO) which denied an earlier effective date and
commencement of payment period for an increased award because of
an additional dependent.  The case is now ready for appellate
review.

CONTENTIONS OF APPELLANT ON APPEAL

The veteran contends that he should receive additional
compensation for an additional dependent retroactive to the date
of the child's birth in January 1978.  The veteran asserts that
he intentionally delayed filing his claim for such additional
payment so that he would receive a large lump sum which could be
used for the child's education.

DECISION OF THE BOARD

The Board, in accordance with the provisions of 38 U.S.C.A.
§ 7104 (West 1991), has reviewed and considered all of the
evidence and material of record in the veteran's claims file.
Based on its review of the relevant evidence in this matter, and
for the following reasons and bases, it is the decision of the
Board that the veteran has not submitted evidence sufficient to
justify a belief by a fair and impartial individual that the
claim is well grounded.

FINDINGS OF FACT

1.  The veteran's original claim for an increased award because
of an added dependent was received on February 12, 1992.

2.  The additional dependent, a child, was born on January [redacted]
1978.

3.  The claim for an earlier effective date for an increased
award and for payment of that increased award is not plausible.

CONCLUSIONS OF LAW

1.  The earliest effective date for an increased award for an
added dependent could not precede February 12, 1992.  38 U.S.C.A.
§ 5110 (West 1991); 38 C.F.R. § 3.400 (1994).

2.  The earliest commencement of the payment period for an
increased award for an added dependent could not precede March 1,
1992.  38 U.S.C.A. § 1111 (West
1991); 38 C.F.R. § 3.31 (1994).

3.  The veteran's claim for an increased award for an additional
dependent and for payment of that increased award is not well
grounded.  38 U.S.C.A. § 5107 (West 1991).

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

A person who submits a claim for benefits has the burden of
submitting evidence sufficient to justify a belief by a fair and
impartial individual that the claim is well grounded.
38 U.S.C.A. § 5107.  After reviewing the evidence on file we
conclude that the veteran's claim is not well grounded within the
meaning of 38 U.S.C.A. § 5107(a).

The effective date of the award of any benefit or any increase
therein by reason of marriage or the birth or adoption of a child
shall be the date of such event if proof of such event is
received by the VA within one year from the date of the marriage,
birth, or adoption.  Otherwise, it shall be the date of receipt
of the claim.  38 U.S.C.A. § 5110(a) and 5110(n); 38 C.F.R.
§ 3.400.

In addition, the law provides that the commencement of payment of
an increased award because of an added dependent, shall be the
first day of the calendar month following the month in which the
award became effective.  38 U.S.C.A. § 5111; 38 C.F.R. § 3.31.

A review of the claims folder reveals that the veteran's claim
for increased award because of an additional dependent was
received by the VA on February 12, 1992, and he does not allege
any earlier submission of such claim.  A copy of the dependent
child's birth certificate shows that the child was born on
January [redacted] 1978.  As the veteran did not file his claim for an
increased award within one year of the child's birth, there is no
legal basis for an earlier effective date than February 12, 1992
and for commencement of payment earlier than March 1, 1992.
Thus, the claim for an earlier effective date and commencement of
payment for an increased award because of an added dependent is
not plausible and must be dismissed.

ORDER

The veteran's claim for an earlier effective date and
commencement of payment of an increased award because of an added
dependent is dismissed.

          HOLLY E. MOEHLMANN
          Member, Board of Veterans' Appeals

The Board of Veterans' Appeals Administrative Procedures
Improvement Act, Pub. L. No. 103-271, § 6, 108 Stat. 740, ___
(1994), permits a proceeding instituted before the Board to be
assigned to an individual member of the Board for a
determination.  This proceeding has been assigned to an
individual member of the Board.

NOTICE OF APPELLATE RIGHTS:  Under 38 U.S.C.A. § 7266 (West
1991), a decision of the Board of Veterans' Appeals granting less
than the complete benefit, or benefits, sought on appeal is
appealable to the United States Court of Veterans Appeals within
120 days from the date of mailing of notice of the decision,
provided that a Notice of Disagreement concerning an issue which
was before the Board was filed with the agency of original
jurisdiction on or after November 18, 1988.  Veterans' Judicial
Review Act, Pub. L. No. 100-687, § 402 (1988).  The date which
appears on the face of this decision constitutes the date of
mailing and the copy of this decision which you have received is
your notice of the action taken on your appeal by the Board of
Veterans' Appeals.