Citation Nr: A21017499 Decision Date: 10/28/21 Archive Date: 10/28/21 DOCKET NO. 200531-160765 DATE: October 28, 2021 REMANDED Entitlement to an apportionment of the Veteran's VA compensation benefits to the appellant on behalf of the minor child, A.F., is remanded. REASONS FOR REMAND The Veteran had active duty training from September 1989 to December 1989, and served on active duty from December 1990 to May 1991, from August 2004 to February 2007, and from June 2007 to June 2008. In this matter, S.E., is the appellant and the mother of A.F., the parties' minor child. The decision on appeal was issued in April 2020 and constitutes an initial decision; therefore, the modernized review system, also known as the Appeals Modernization Act (AMA), applies. The April 2020 decision denied apportionment of the Veteran's VA disability compensation to the appellant on behalf of A.F., the parties' minor child. In May 2020, the appellant submitted as VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement) (NOD), as to the denial of apportionment on behalf of A.F., and elected the Evidence Submission option; therefore, the Board may 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 the VA Form 10182 or within 90 days of receipt of the VA Form 10182. 38 C.F.R. § 20.303. The Board may also consider a brief, argument, or a request for a different type of review, from the Veteran or his representative, within 30 days of March 1, 2021 correspondence, which furnished him with the content of appellant's NOD. 38 C.F.R. § 20.404. The Board may also consider evidence, from either party, within 90 days of May 25, 2021 correspondence sent to each party. 1. Entitlement to an apportionment of the Veteran's VA compensation benefits to the appellant on behalf of the minor child, A.F., 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 necessary development has not been completed. In this regard, the outcome of apportionment cases generally depends on the financial status of the parties. Specifically, a "general" apportionment, may be paid under the circumstances set forth in 38 C.F.R. § 3.450. More specifically, all or any part of the compensation payable on account of any Veteran may be apportioned if the Veteran is not residing with his spouse or children, and the Veteran is not reasonably discharging his responsibility for the spouse's or children's support. 38 U.S.C. § 5307(a)(2); 38 C.F.R. § 3.450(a)(1)(ii). Here, a February 2020 letter from the Social Security Administration (SSA), reflected another child of the Veteran's share of the Veteran's SSA benefits may be reduced as SSA planned to also pay benefits to A.F. However, this letter also provided appeal rights to recipient of the letter. The record is unclear as to whether any SSA benefits under the Veteran's record have been provided for A.F. Although the AOJ requested the Veteran provide this information April 2020, prior the April 2020 decision on appeal, the AOJ did not inquire directly with the SSA regarding all payments made since September 2019 (when the appellant's claim for apportionment was received by VA) to the Veteran concerning any disability award, including any offsets and payments made to the appellant related to the support of the Veteran's minor child A.F. The AOJ's failure to attempt obtain this evidence directly from SSA is a pre-decisional error and a remand is required to allow VA to attempt to obtain this evidence, so as to determine whether the Veteran was reasonably discharging his responsibility to support his minor child, A.F. This matter is REMANDED for the following action: Contact the SSA to determine all payments made since September 2019 to the Veteran concerning any disability award, including any offsets and payments made to the appellant related to the support of the Veteran's minor child A.F. M. C. GRAHAM Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. Espinoza, 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.