Citation Nr: 20046040 Decision Date: 07/09/20 Archive Date: 07/09/20 DOCKET NO. 13-20 012 DATE: July 9, 2020 REMANDED Entitlement to an apportionment increase of the Veteran's VA compensation benefits is remanded. REASONS FOR REMAND The Veteran served on active duty from June 1972 to January 1976. The appellant is the mother of the Veteran’s children. This matter comes before the Board of Veterans’ Appeals (Board) from a February 2011 decision of the VA Regional Office (RO) which denied entitlement to an increased apportionment of the Veteran’s compensation benefits to the appellant, on behalf of the minor children J.D. and J.D. This matter was previously remanded by the Board in April 2015 and June 2017 for compliance with the contested claims procedures and further development. Entitlement to an increased amount of the apportionment of the Veteran's VA compensation benefits 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 increased apportionment of the Veteran’s VA disability benefits for the benefit of 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 May 2020 supplemental statement of the case (SSOC). Accordingly, the Board finds remand is necessary. Further, since the issuance of the May 2020 SSOC, the Veteran has provided updated financial information that has not been considered by the RO. As such, remand is necessary for the RO to consider this information in the first instance. Additionally, the financial information provided by the Veteran contains his current income and expenses. However, the children for whom an apportionment is being sought turned 18 in 2012 and 2017. On remand, the RO should ask the Veteran for income and expense information from the filing of the claim in August 2008 to June 2017. 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 May 2020 SSOC. 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. Request that the Veteran provide income and expense information for himself from August 2008 to June 2017. 4. 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.