Citation Nr: 20037097
Decision Date: 06/01/20	Archive Date: 06/01/20

DOCKET NO. 17-61 169
DATE: June 1, 2020

REMANDED

The issue of entitlement to an apportionment of the Veteran’s VA compensation benefits to the appellant, on behalf of the children A.A.D. and A.J.D., is remanded.

REASONS FOR REMAND

The Veteran served on active duty from February 2003 to July 2004.  The appellant is the mother of the Veteran’s children. 

This matter comes before the Board of Veterans’ Appeals (Board) from a June 2017 decision of the VA Regional Office (RO) which denied entitlement to an apportionment of the Veteran’s compensation benefits to the appellant, on behalf of the minor children A.A.D. and A.J.D.

The issue of entitlement to an apportionment of the Veteran’s VA compensation benefits to the appellant, on behalf of the children A.A.D. and A.J.D., 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, contends that she is entitled to an apportionment of the Veteran’s VA disability benefits for the parties’ minor children.  

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 November 2017 substantive appeal.  Accordingly, the Board finds remand is necessary.

The appellant stated that the Veteran does not always pay the full amount of court ordered child support.  On remand, the parties should be asked to provide any information regarding child support and arrearage payments made to the appellant by the Veteran.  

The matters are 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 November 2017 substantive appeal.

2. 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 and an updated VA 21-0788.

3.  Readjudicate the claim on appeal. 

 

 

MICHAEL E. KILCOYNE

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	J. Uller

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.