Citation Nr: 20005750 Decision Date: 01/23/20 Archive Date: 01/23/20 DOCKET NO. 15-14 905 DATE: January 23, 2020 REMANDED The issue of entitlement to an apportionment of the Veteran’s VA compensation benefits to the appellant, on behalf of the minor children C.G. and B.G., is remanded. REASONS FOR REMAND The Veteran served on active duty from February 2001 to February 2004. The appellant is the Veteran’s spouse and mother of the parties’ minor children. This matter comes before the Board of Veterans’ Appeals (Board) on appeal of a March 2014 decision by the Department of Veterans Affairs (VA) Regional Office (RO). The issue of entitlement to an apportionment of the Veteran’s VA compensation benefits to the appellant, on behalf of the minor children C.G. and B.G., is remanded. After a review of the evidence in this case, the Board has determined that this matter 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 (2012) 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. Here, the appellant, who is the non-prevailing party, contends that her children are entitled to an apportionment of the Veteran’s VA disability benefits. The Veteran is the prevailing party, as an 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 does not appear to have been provided the content of the appellant’s April 2015 substantive appeal. Accordingly, the Board finds that a 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 the content of the April 2015 substantive appeal from the appellant. The record reflects that the appellant submitted a January 2014 VA Form 21-0788, which included her monthly income and expenses. Additionally, the Veteran has not provided a VA Form 21-0788 regarding his monthly income and expenses. On remand, the parties are advised to provide updated evidence regarding their monthly income and expenses. 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 the content of the appellant’s April 2015 substantive appeal. 2. Upon proper compliance with contested claims procedures, inform the parties of their right to have a hearing before a Veterans Law Judge (should they so elect). 3. Request that both parties provide updated income and expense information, to include any support provided to the appellant and minor children by the Veteran. 4. Readjudicate the claim on appeal. M. E. KILCOYNE Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Erin J. Trojanowski, Associate Counsel 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.