Citation Nr: 20006375 Decision Date: 01/27/20 Archive Date: 01/27/20 DOCKET NO. 17-66 496 DATE: January 27, 2020 REMANDED 1. The issue of entitlement to an increased apportionment of the Veteran’s VA compensation benefits is remanded. 2. The issue of entitlement to an effective date prior to October 14, 2011 for the award of an apportionment of the Veteran’s VA compensation benefits is remanded. REASONS FOR REMAND The Veteran served on active duty from June 1968 to June 1971, as well as from June 1972 to February 1978. The appellant is the mother of the parties’ child. This matter comes before the Board of Veterans’ Appeals (Board) on appeal of an August 2016 decision by the Department of Veterans Affairs (VA) Regional Office (RO). The Board notes that the Veteran initially disagreed with the award of apportionment to the appellant, as well as the validity of an overpayment established due to compensation he had been provided for the parties’ child. A statement of the case (SOC) was issued in November 2017. However, the Veteran did not submit a VA Form 9 to certify his appeal to the Board. Thus, the issues of the propriety of the award of apportionment to the appellant and the validity of the overpayment are not currently before the Board. The issues of entitlement to an increased apportionment and an effective date prior to October 14, 2011 for the award of an apportionment of the Veteran’s VA compensation benefits are remanded. 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 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. A remand is required in this case because the content of the appellant’s substantive appeal was not provided to the Veteran. The record further reflects that the parties each submitted a VA Form 21-0788 in February 2016, which included their monthly income and expenses. On remand, the parties are advised to provide updated evidence regarding their monthly income and expenses. The matters are 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 substantive appeal, and notice of his right to request a hearing. 2. Request that both parties provide updated income and expense information, to include any support provided by the Veteran to the appellant for their child. 3. Readjudicate the claims 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.