Citation Nr: 18145495
Decision Date: 10/29/18	Archive Date: 10/29/18

DOCKET NO. 93-14 409
DATE:	October 29, 2018
ORDER
The issue of whether the special apportionment in the amount of $200 on behalf of the Veteran's child is appropriate is dismissed.
(Additional issues, including an additional apportionment issue, waiver of overpayment recovery, and issues requiring a panel decision, are addressed in separate decisions with the same docket number.)
FINDING OF FACT
In September 2017, while this appeal was pending, and prior to the issuance of a final Board decision, the Veteran died.
CONCLUSION OF LAW
Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the merits of the pending apportionment claim.  38 U.S.C. § 7104 (a); 38 C.F.R. § 20.1302.
REASONS AND BASES FOR FINDING AND CONCLUSION
This is a simultaneously contested claim and notice must be sent to all interested parties.
1. Whether the special apportionment in the amount of $200 on behalf of the Veteran's child is appropriate
The Veteran died during the pendency of the appeal.  An appellant becomes ineligible for apportionment of compensation at the time of the Veteran’s death and apportionment issues are moot.  Marrero v. Gober, 14 Vet. App. 80 (2000).  In this regard, apportionment is paid out of a share of the benefits for the Veteran.  As a result of the Veteran’s death in September 2017, no payments are currently being made.  Even if the criteria were met for apportionment prior to the Veteran’s death, there is no longer any benefit being paid that can be subject to apportionment.  To the extent that an apportionment is requested out of the money paid to the Veteran prior to his death, that money would be controlled by the Veteran’s estate, over which VA does not have jurisdiction.  Thus, since there is no benefit payable by VA, the appellant’s claim for apportionment is moot.
Consequently, this appeal must be dismissed for lack of jurisdiction.  38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302.

 
Harvey P. Roberts
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	S. Layton, Counsel