Citation Nr: 21068287
Decision Date: 11/09/21	Archive Date: 11/09/21

DOCKET NO. 19-31 876
DATE: November 9, 2021

REMANDED

Entitlement to an apportionment of the Veteran's VA compensation benefits on behalf of the minor child, I.J.V., is remanded. 

REASONS FOR REMAND

The Veteran served in the United States Army from August 2000 to August 2006. The Appellant is the mother of the Veteran's minor child, I.J.V.

This matter comes before the Board of Veterans' Appeals (Board) on appeal of a January 2019 decision by the Department of Veterans Affairs (VA) Regional Office (RO), which denied an apportionment of the Veteran's VA compensation benefits to A.C., on behalf of the parties' minor child, I.J.V. 

1. Entitlement to an apportionment of the Veteran's VA compensation benefits on behalf of the minor child, I.J.V., 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. 

In this case, it appears that the rules regarding simultaneously contested claims have not been complied with. Specifically, S.V. has not been 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 S.V. with a copy of the content of the Veteran's October 2019 substantive appeal.

The matter is REMANDED for the following action: 

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1. Ensure full compliance with the contested claims procedures outlined in 38 C.F.R. §§ 19.100-02, 20.500-04. Specifically, ensure that S.V. is provided with a copy of the content of the Veteran's October 2019 substantive appeal.

 

 

A. S. CARACCIOLO

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Laura C. Owens

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.