Citation Nr: 20046067 Decision Date: 07/09/20 Archive Date: 07/09/20 DOCKET NO. 19-30 319 DATE: July 9, 2020 REMANDED Entitlement to an apportionment of the Veteran's VA compensation benefits on behalf of the minor child, B.J., is remanded. REASONS FOR REMAND The Veteran served on active duty from November 1993 to December 1997. The appellant is the Veteran’s spouse and the mother and custodian of the Veteran’s child, B.J. This matter comes before the Board of Veterans’ Appeals (Board) on appeal of a January 2018 decision by the Department of Veterans Affairs (VA) Regional Office (RO). 1. Entitlement to an apportionment of the Veteran's VA compensation benefits on behalf of the minor child, B.J., 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 their child. 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 October 2019 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 October 2019 substantive appeal. The record reflects that the appellant submitted a VA Form 21-0788, which included her monthly expenses, in April 2017, July 2017, March 2018, and June 2019. Similarly, the Veteran provided an October 2017 VA Form 21-0788, which included his monthly income and expenses. However, the appellant has also provided statements regarding change in employment and monthly income. The Veteran has also provided statements that he provides support for his child. Accordingly, the appellant is advised to provide updated income information, to include child support income she may be receiving from the Veteran, and the Veteran is advised to provide updated income information, to include his VA benefit income information. 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 October 2019 substantive appeal. 2. Request that the appellant provide updated income and expense information, to include child support income she may be receiving from the Veteran. 3. Request that the Veteran provide updated income and expense information, to include evidence of any child support payments he may have made to the appellant since April 2017. 4. Readjudicate the claim on appeal MARJORIE A. AUER Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Kelly A. Gastoukian 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.