Citation Nr: 21003949 Decision Date: 01/25/21 Archive Date: 01/25/21 DOCKET NO. 15-31 369 DATE: January 25, 2021 REMANDED Entitlement to an apportionment of the Veteran's VA disability compensation benefits on behalf of his minor child, A.M., is remanded. REASONS FOR REMAND The Veteran served on active duty from October 1989 to June 1992. The appellant is the mother and custodian of the Veteran’s child, A.M. This case is before the Board of Veterans’ Appeals (Board) on appeal from a November 2008 Regional Office (RO) apportionment decision. In that decision, the RO denied an apportionment of the Veteran’s VA disability compensation. The appellant and the Veteran’s representative appeared before the undersigned Veterans Law Judge at a virtual hearing in November 2020. The Veteran waived his right to be present as a contested claimant at the apportionment hearing. A transcript is of record. 1. Entitlement to an apportionment of the Veteran's VA disability compensation benefits on behalf of his minor child, A.M., 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 on behalf of the Veteran’s son, A.M. In this case, it appears that the rules regarding simultaneously contested claims have not been followed. Specifically, the Veteran was not provided with a copy of the content of the appellant’s July 2015 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 Veteran with a copy of the content of the July 2015 substantive appeal. The outcome of apportionment cases depends on the financial status of the parties. Such financial information is submitted on VA Form 21-0788 (Information Regarding Apportionment of Beneficiary’s Award). The appellant’s last 21-0788 was filed in November 2018. In October 2009, the Veteran last submitted a 21-0788 detailing his income and expenses. Given the years-long lapse since the last financial status reports, and given that A.M. is now over the age of 18, the Board finds that the completion of multiple VA Forms 21-0788 for both the appellant and the Veteran (from August 2008 until July 2019 when A.M. turned 18) would be helpful in resolving the issue on appeal. Finally, the appellant testified at the November 2020 hearing that the Veteran was inconsistent with providing support for A.M. and was approximately $70,000.00 in child support arrears at the time A.M. turned 18. As a result, the Board finds efforts should be made to solicit evidence as to whether the Veteran provided support for A.M. The matters are REMANDED for the following action: 1. Ensure full compliance with contested claims procedures outlined in 38 C.F.R. §§ 19.100-02, 20.500-04. Specifically, ensure that the appellant is provided with the content of the Veteran’s July 2015 substantive appeal. 2. Furnish VA Forms 21-0788 (Information Regarding Apportionment of Beneficiary’s Award) to the appellant and the Veteran and request that they complete the forms for the periods from August 2008 to the July 2019, indicating their respective income and expenses. In particular, request that the appellant and the Veteran, if possible, include with their updated forms copies of supporting documents for all relevant periods, including any pertinent canceled checks, copies of pertinent bills, invoices, and bank statements, as well as lease, loan, or mortgage agreements, to corroborate their representations concerning their monthly income and expenses. Advise each party that failure to provide the requested financial statements could result in an adverse decision for him or her in this matter. 3. Ask both parties to submit any records they may have regarding the Veteran’s child support obligation, to include, but not limited to, any evidence regarding child support arrearage or payment history from August 2008 to the present. 4. Readjudicate the claim on appeal. L. B. CRYAN 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.