Citation Nr: 20006475 Decision Date: 01/27/20 Archive Date: 01/27/20 DOCKET NO. 17-05 123 DATE: January 27, 2020 REMANDED Entitlement to an apportionment of the Veteran’s VA compensation benefits to the appellant on behalf of his minor children, E.N. and M.N., is remanded. REASONS FOR REMAND The Veteran served on active duty from December 1988 to June 1989, and from November 1990 to June 1991. The appellant is the mother of the Veteran’s minor children, E.N. and M.N., and is acting on their behalf. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a February 2014 decision of a Department of Veterans Affairs (VA) Regional Office (RO). 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 the minor children, 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 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. 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 entitled to an apportionment of the Veteran’s VA disability benefits on behalf of the Veteran’s dependent children. 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 November 2016 SOC or the content of the appellant’s January 2017 substantive appeal. The record reflects that the November 2016 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 and 20.500-04, to include providing the Veteran with a copy of the November 2016 SOC, as well as the content of the January 2017 substantive appeal at his current address of record.   The record also reflects that the appellant submitted a November 2013 VA Form 21-0788, which included her monthly income and expenses. Additionally, the Veteran submitted a January 2014 VA Form 21-0788, which included his monthly income and expenses. Accordingly, the parties are advised to provide updated financial information. Finally, a September 2016 Notice of Withholding, from the State of Montana Child Support Enforcement Division, indicates that the Veteran’s wages were being garnished to fulfill his child support and arrearage payments to the appellant. The Veteran is advised to provide updated evidence of any child support payments he has made to the appellant since September 2016. This 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 November 2016 SOC, as well as the content of the appellant’s January 2017 substantive appeal at the Veteran’s address of record. 2. Request that the appellant provide updated financial information, to include child support income she may be receiving from the Veteran. 3. Request that the Veteran provide updated financial information, to include his VA benefits income information, as well as evidence of any child support payments he may have made to the appellant since September 2016.   4. Readjudicate the claim on appeal. MARTIN B. PETERS Acting 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.