Citation Nr: 18152600 Decision Date: 11/27/18 Archive Date: 11/23/18 DOCKET NO. 15-22 919 DATE: November 27, 2018 REMANDED Entitlement to an apportionment of the Veteran’s VA disability benefits to the appellant on behalf of the Veteran’s dependent child, A.S., is remanded. REASONS FOR REMAND The Veteran served on active duty from October 1982 to October 1985. The appellant is the mother and custodian of the Veteran’s dependent child A.S. This matter comes before the Board of Veterans’ Appeals (Board) on appeal of a September 2013 decision by the Department of Veterans Affairs (VA) Regional Office (RO) located in Houston, Texas. Entitlement to an apportionment of the Veteran’s VA disability benefits After a review of the evidence in this case, the Board has determined that the issue as developed by the Agency of Original Jurisdiction (AOJ), entitlement to an apportionment of the Veteran’s VA benefits to the appellant on behalf of A.S, is not ripe for appellate review as all steps necessary to ensure the procedural and due process rights of the parties have not been completed. This case involves a simultaneously contested claim; therefore, the provisions of 38 U.S.C. § 7105A (West 2014) are applicable. Cases involving simultaneously contested claims are also subject to special procedural regulations. See 38 C.F.R. §§ 19.100, 19.101, 19.102, 20.500, 20.501, 20.502, 20.503, 20.504 (2017). Specifically, 38 C.F.R. § 19.100 provides that, in a simultaneously contested claim, all interested parties are to be notified of the action taken by the AOJ and of the right and time limit for initiating an appeal, as well as notification of the right to a hearing and representation. Upon the filing of a notice of disagreement, all interested parties will be furnished a copy of the statement of the case (SOC). 38 C.F.R. § 19.101. When a substantive appeal is filed, the content will be furnished to the other contesting parties to the extent that it contains information which could directly affect the payment or potential payment of the benefit which is the subject of the contested claim. 38 C.F.R. § 19.102. Here, the appellant, who is the non-prevailing party, contends that she is entitlement to an apportionment of the Veteran’s VA disability benefits on behalf of the Veteran’s dependent child A.S. The Veteran is the prevailing party, as apportionment of his benefits to the appellant was denied. In this case, it appears that the rules regarding simultaneously contested claims have not been complied with. Specifically, the Veteran was not provided with a copy of the May 2015 SOC or the content of the appellant’s June 2015 substantive appeal. Specifically, the record reflects that the May 2015 SOC was sent to the appellant, but was not sent to the Veteran, and that the content of the substantive appeal was not sent to the Veteran. An August 2015 VA Form 8 noted that the contested claims procedures are not applicable in this case, which is incorrect. The record also shows that the Veteran currently has a new address. See, e.g., July 2017 VA Form 21-0788. Accordingly, the Board finds that remand is necessary in order to ensure full compliance with contested claims procedures pursuant to 38 C.F.R. §§ 19.100-02, 20.500-04, to include providing the Veteran with a copy of the May 2015 SOC, as well as the content of the June 2015 substantive appeal at his current address of record. The record reflects that the appellant submitted a May 2012 VA Form 21-0788, which included her monthly expenses, but did not include any income information. Similarly, the Veteran provided a July 2017 VA Form 21-0788, which included his monthly expenses, but did not include any income information. Accordingly, the appellant is advised to provide updated income information, to include child support income she may be receiving from the Veteran, and the Veteran is advised to provide updated income information, to include his VA benefit income information. Finally, the appellant submitted evidence from the relevant state’s attorney general child support division showing that the Veteran was $31,152.67 in arrears as of September 2013 with respect to his child support obligation to the appellant. In July 2018, the Veteran submitted a copy of a February 2015 Court Order pertaining to his child support obligations, and asserted that he has obeyed the child support order. However, the Veteran has not provided any evidence of child support payments he may have made since September 2013. The Veteran is advised to provide evidence of any child support payments he may have made to the appellant since September 2013. The matter is REMANDED for the following action: 1. Ensure full compliance with contested claims procedures outlined in 38 C.F.R. §§ 19.100-02, 20.500-04. Specifically, ensure that the Veteran is provided with a copy of the May 2015 SOC, as well as the content of the appellant’s June 2015 substantive appeal at the Veteran’s address of record. 2. Request that the appellant provide updated income information, to include child support income she may be receiving from the Veteran. 3. Request that the Veteran provide updated income information, to include his VA benefits income information; provide evidence of any child support payments he may have made to the appellant since September 2013. 4. Readjudicate the claim on appeal. JONATHAN B. KRAMER Veterans Law Judge Board of Veterans’ Appeals