Citation Nr: A21016715
Decision Date: 10/14/21	Archive Date: 10/14/21

DOCKET NO. 210127-176117
DATE: October 14, 2021

REMANDED

Entitlement to an apportionment of the Veteran's VA compensation benefits is remanded.

REASONS FOR REMAND

The Veteran served on active duty from October 1982 to December 1982.  The appellant is his wife.  

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a December 7, 2020 apportionment decision of the Department of Veterans Affairs (VA) Regional Office (RO) which denied an apportionment of the Veteran's VA compensation benefits to the appellant.

In the January 2021 VA Form 10182, Decision Review Request: Board Appeal, the appellant elected the Evidence Submission docket.  Therefore, the Board may only consider the evidence of record at the time of the agency of original jurisdiction (AOJ) decision on appeal, as well as any evidence submitted by the appellant with, or within 90 days from receipt of, the VA Form 10182.  38 C.F.R. § 20.303.

Evidence was added to the claims file during a period of time when new evidence was not allowed.  As the Board is remanding the claim, this additional evidence may be considered by the RO in the adjudication of the claim.

Entitlement to an apportionment of the Veteran's VA compensation benefits is remanded.

Here, the Veteran was not provided with notice of the December 7, 2020 decision and remand is required to correct this pre-decisional duty to assist error.  38 C.F.R. § 20.400.

The matters are REMANDED for the following action:

1. Send the Veteran a copy of the December 7, 2020 decision.

2. Readjudicate the claim on appeal and ensure compliance with the contested claims procedures by sending the Veteran and appellant notice of any decision.

 

 

MICHAEL E. KILCOYNE

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. Uller, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.