Citation Nr: A21017599
Decision Date: 11/01/21	Archive Date: 11/01/21

DOCKET NO. 210408-151214
DATE: November 1, 2021

REMANDED

The propriety of the apportionment of the Veteran's VA disability benefits on behalf of the minor child, T.X.S., is remanded.

REASONS FOR REMAND

The Veteran served in the United States Army from August 2003 to April 2007. M.M.C. is the mother of the Veteran's minor child, T.X.S.

This matter comes before the Board of Veterans' Appeals (Board) on appeal of a March 2021 decision by the Department of Veterans Affairs (VA) Regional Office (RO), which granted the request for an apportionment. The Veteran appealed this decision to the Board in March 2021 and selected the direct review docket.

1. The propriety of the apportionment of the Veteran's VA disability benefits 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. §§ 20.400, 20.401, 20.402, 20.403, 20.404, 20.405, 20.406, 20.407. Specifically, 38 C.F.R. § 20.400 provides that, in a simultaneously contested claim, all interested parties are to be notified of the action taken by the Agency of Original Jurisdiction (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 substance of the notice of disagreement, including what type of review was selected and whether a hearing was requested. 38 C.F.R. § 20.403. 

Here, the Veteran contends that the apportionment granted on behalf of T.X.S. was too high and requests that the apportionment be lowered or alternatively denied.

In this case, it appears that the rules regarding simultaneously contested claims have not been complied with. Specifically, M.M.C. was not provided with a copy of the content of the March 2021 apportionment decision. The decision appears to have been headed with M.M.C.'s current address, but it was mailed to the incorrect address and returned to sender. 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. §§ 20.400-07, to include providing M.M.C. with a copy of the March 2021 apportionment decision. 

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The matter is REMANDED for the following action:

1. Ensure full compliance with the contested claims procedures outlined in 38 C.F.R. §§ 20.400-07. Specifically, ensure that M.M.C. is furnished with a copy of the March 2021 apportionment decision. Please ensure the current address is used in sending the decision and it is not returned to sender.

 

 

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.