Citation Nr: 21067991 Decision Date: 11/08/21 Archive Date: 11/08/21 DOCKET NO. 19-24 429 DATE: November 8, 2021 REMANDED The issue of the propriety of the award of an apportionment of the Veteran's VA compensation benefits to C.D. on behalf of his minor child J.O. is remanded. REASONS FOR REMAND The Veteran had active duty training from November 2000 to March 2001 and served on active duty from November 2002 to September 2012. This matter comes before the Board of Veterans' Appeals (Board) on appeal of a July 2017 decision by the Department of Veterans Affairs (VA) Regional Office (RO), which awarded an apportionment of the Veteran's VA compensation benefits to C.D. on behalf of his minor child J.O. C.D. is the mother of J.O. and his custodial parent. This matter was before the Board in April 2020, when it was remanded for additional development. It now returns for appellate review. 1. The issue of the propriety of the award of an apportionment of the Veteran's VA compensation benefits to C.D. on behalf of his minor child J.O. is remanded. The April 2020 Board remand found the rules regarding simultaneously contested claims had not been complied with, in particular, with providing C.D., the prevailing party, with certain documents. The resulting development reflects the documents specified in the April 2020 Board remand were provided to the appellant. However, the most recent August 2021 Supplemental Statement of the Case (SSOC) was not provided to the Veteran and the Board's September 2021 certification letter was not provided to C.D. Accordingly, ensure full compliance with the contested claims procedures outlined in 38 C.F.R. §§ 19.100-02, 20.500-04 on remand, to include providing the Veteran with the August 2021 SSOC and providing C.D. with the most recent Board certification letter. Stegall v. West, 11 Vet. App. 268 (1998). Additionally, the April 2020 Board remand, also found, in part, that remand was warranted for the Agency of Original Jurisdiction to provide an accounting of all payments garnished from the Veteran's monthly VA compensation benefits in fulfillment of his monthly child support obligation. However, this was not accomplished on remand. Further, the record is unclear as to whether any Social Security Administration (SSA) benefits under the Veteran's record have been provided for D.O. Specifically, in his August 2019 VA Form 9, substantive appeal, the Veteran generally indicated a payment amount for D.O. had been set by SSA. Accordingly, remand is warranted to determine any payments garnished from the Veteran's monthly VA compensation benefits in fulfillment of his monthly child support obligation to D.O., and whether any payments from SSA under the Veteran's record have been provided for D.O., for the entire appeal period at issue from August 2014. Finally, the April 2020 Board remand directed, in part, that both parties provide updated income and expense information and provide all available child support records. The Veteran provided updated income and expense information in VA Forms 21-0788, Information Regarding Apportionment of Beneficiary's Award, dated in May 2020 and July 2020. Additionally, C.D. indicated, in Reports of General Information, dated in August 2020 and October 2020, that the updated income and expense information had been faxed, or would be resubmitted, respectively. However, updated income and expense information from C.D. is not of record. Additionally, in May 2020 the Veteran provided additional documentation of child support payments from November 2019 to May 2020, which supplemented the information already of record dated from August 2013 to August 2014 and from February 2017 to July 2017. However, the child support documentation currently of record does not cover the entire appeal period from August 2014. Thus, in light of the remand for other matters, each party should be provided with the opportunity to again provide updated income and expense information as well as all available child support records. This matter is REMANDED for the following actions: 1. Ensure full compliance with the contested claims procedures outlined in 38 C.F.R. §§ 19.100-02, 20.500-04. Specifically, document in the record that the Veteran is provided with the August 2021 SSOC and that C.D. receives a Board certification letter. 2. Provide a complete accounting of all payments garnished, since August 2014, from the Veteran's monthly VA compensation benefits in fulfillment of his monthly child support obligation to his minor child D.O. 3. Contact the SSA to determine all payments made since August 2014 to the Veteran concerning any disability award, and to include any offsets and payments made to C.D. or otherwise related to the support of the Veteran's minor child D.O. 4. Provide both parties with the opportunity to again provide updated income and expense information. 5. Provide both parties with the opportunity to again provide any available child support records since August 2014, to include any payment history documentation or proof of any payments made to C.D. by the Veteran. 6. Readjudicate the claim on appeal. 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.