Citation Nr: 19110455 Decision Date: 02/08/19 Archive Date: 02/08/19 DOCKET NO. 17-28 286 DATE: February 8, 2019 REMANDED Entitlement to an increase in the amount of the apportionment of the Veteran’s VA compensation benefits to the appellant in excess of $350 per month is remanded. REASONS FOR REMAND The Veteran served on active duty from November 1967 to August 1971. The appellant is the Veteran’s estranged spouse. This matter comes before the Board of Veterans’ Appeals (Board) on appeal of a December 2015 decision by the Department of Veterans Affairs (VA) Regional Office (RO) located in Los Angeles, California. Entitlement to increased apportionment 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 increase in the amount of the apportionment of the Veteran’s VA compensation benefits to the appellant in excess of $350 per month, 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 (2018). 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. 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 March 2017 SOC or the content of the appellant’s May 2017 substantive appeal. The record reflects that the March 2017 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. 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 March 2017 SOC, as well as the content of the appellant’s May 2017 substantive appeal at his current address of record. The record also reflects that the appellant submitted a June 2015 VA Form 21-0788, which included her monthly income and expense information; however, the appellant’s income now includes the $350 in VA apportioned benefits, which was granted by the RO in December 2015. Because the appellant’s income and expense information may have changed since June 2015, the appellant is advised to provide updated income and expense information, to include any spousal support income she may be receiving from the Veteran. The appellant also submitted evidence from the relevant state spousal support enforcement agency that the Veteran was $48,838.77 in arrears as of November 2016 with respect to his spousal support obligation to the appellant, as well as a bench warrant for the Veteran’s arrest for contempt of court in connection with his failure to pay court-ordered spousal support. The Veteran is advised to provide evidence of any spousal support payments he may have made to the appellant since November 2016. Finally, the record reflects that the Veteran has not submitted evidence of monthly income and expenses, as requested by the RO in October 2015. In order to help decide this appeal, the Veteran is advised to provide VA with his updated income and expense information. 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 March 2017 SOC, as well as the content of the appellant’s May 2017 substantive appeal at the Veteran’s current address of record. 2. Request that the appellant provide updated income and expense information, to include spousal support income she may be receiving from the Veteran. 3. Request that the Veteran provide updated income and expense information, to include evidence of any spousal support payments he may have made to the appellant since November 2016. 4. After completing the above, and any other development deemed necessary, readjudicate the claim on appeal. JONATHAN B. KRAMER Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD J. Ragheb, Counsel