Citation Nr: 20030116 Decision Date: 04/29/20 Archive Date: 04/29/20 DOCKET NO. 18-38 552A DATE: April 29, 2020 REMANDED The issue of entitlement to an apportionment of the Veteran’s VA compensation benefits to the appellant, on behalf of herself and the children, T.B. and K.B., is remanded. REASONS FOR REMAND The Veteran served on active duty from February 1999 to April 2013. The appellant is the Veteran’s spouse and mother of the parties’ children. This matter comes before the Board of Veterans’ Appeals (Board) from a June 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 herself and the children, T.B. and K.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 is the non-prevailing party as she contends that she is entitled to an apportionment of the Veteran’s VA disability benefits on behalf of herself and the parties’ children. 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 August 2018 substantive appeal. 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 August 2018 substantive appeal. The record reflects that the appellant submitted an October 2015 VA Form 21-0788, which included her monthly income and expenses. The Veteran has not submitted a VA Form 21-0788, but provided some information regarding his monthly income and expenses in September 2016 and June 2017. On remand, the parties are asked to provide updated information regarding their monthly income and expenses. The Board further notes that the appellant reported that the Veteran has been ordered to make monthly child support payments to her, effective March 2019. However, no documentation of this court order has been provided. On remand, the parties are advised to provide all child support records, to include all related court documents, the amount of any current arrearage, all available payment history documentation, or proof of any 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 August 2018 substantive appeal. 2. Request that both parties provide updated income and expense information, as well as any child support records (to include the all court documents, the amount of any current arrearage, all payment history documentation, or proof of any payments made by the Veteran to the appellant). (Continued on the next page)   3. 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.