Citation Nr: 20023094 Decision Date: 04/03/20 Archive Date: 04/03/20 DOCKET NO. 19-18 204 DATE: April 3, 2020 REMANDED The issue of entitlement to an apportionment of the Veteran’s VA compensation benefits to the appellant, on behalf of the child C.B, is remanded. REASONS FOR REMAND The Veteran served on active duty from July 1992 to July 1994. The appellant is the mother of the Veteran’s child. The Board notes that the child reached the age of 18 on September 26, 2014. However, the issue of entitlement to apportionment for the period prior to that date remains in controversy. This matter comes before the Board of Veterans’ Appeals (Board) from a February 2017 apportionment decision of the 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 child C.B., 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 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 for the parties’ child prior to his 18th birthday. The Veteran is the prevailing party, as an apportionment of his benefits 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 content of the appellant’s June 2019 substantive appeal. Additionally, the record reflects that a pre-decisional hearing was held regarding the issue of apportionment on February 1, 2017. However, only the Veteran was in attendance, as notice of the hearing was not provided to the appellant. Thus, on remand, the RO should provide a copy of any information regarding the DRO hearing, to include any available transcripts, to the appellant. Accordingly, the Board finds that a remand is necessary in order to ensure full compliance with the 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 content of the June 2019 substantive appeal, as well as mailing any documentation related to the content of the February 2017 RO hearing to the appellant. The Board notes that the Veteran was previously ordered to pay child support to the appellant for the care of their child prior to his 18th birthday. Indeed, the appellant has submitted some evidence regarding the Veteran’s payment history and the accruing arrearage amount. However, the Board finds that any additional information regarding any court orders related to the amount the Veteran was required to pay, as well as a complete payment history of the child support would be helpful in adjudicating this matter. Thus, on remand, the parties are advised to provide updated child support records, to include any related court orders, payment history documents, or proof of payments made by the Veteran to the appellant. The matter is REMANDED for the following action: 1. Ensure full compliance with the contested claims procedures outlined in 38 C.F.R. §§ 19.100-02, 20.500-04. Specifically, ensure that the Veteran is provided with the content of the appellant’s June 2019 substantive appeal. 2. Additionally, mail any documents related to the content of the February 2017 RO hearing, to include any available transcripts, to the appellant. 3. Request that both parties provide any records of child support and arrearage payments made to the appellant by the Veteran, to include any related court orders, payment history documentation, or proof of payments. (Continued on the next page)   4. Readjudicate the claim on appeal. MICHAEL 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.