Citation Nr: 21071898 Decision Date: 12/01/21 Archive Date: 12/01/21 DOCKET NO. 18-10 009 DATE: December 1, 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 March 1996 to March 2000. The appellant is the mother of the parties' child, J.J. The Board notes that during the pendency of the appeal J.J. turned 18. However, the period of time prior to which J.J. reached the age of 18 remains on appeal. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a December 2016 apportionment decision of the Department of Veterans Affairs (VA) Regional Office (RO). In her substantive appeal, the appellant indicated that she desired a Board hearing with a Veterans Law Judge. Notice of the date, time, and location of this hearing was mailed to the Veteran and the appellant. See September 2021 VA correspondence. In an October 2021 correspondence, the Veteran stated that he did not want to appear for a hearing. The appellant failed to appear for the scheduled hearing and, to date, has not provided good cause for not appearing. Entitlement to an apportionment of the Veteran's VA compensation 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. Here, the appellant contends that she is entitled to an apportionment of the Veteran's VA compensation benefits for the parties' child, J.J. In this case, it appears that the rules regarding simultaneously contested claims have not been complied with. Specifically, the Veteran was not provided with a copy of the December 2016 apportionment decision or the contents of the appellant's February 2018 substantive appeal. Further, the appellant was not provided with a Board certification letter. Accordingly, the Board finds that remand is necessary in order to ensure full compliance with contested claims procedures pursuant to 38 C.F.R. §§ 19.100-02, 20.500-04, to include providing the Veteran with a copy of December 2016 apportionment decision and the contents of the February 2018 substantive appeal, as well as providing the appellant with a Board certification letter. Additionally, the Board notes that the appellant has provided evidence that the Veteran has made inconsistent, partial child support payments. On remand, the parties should be asked to provide any information regarding child support and arrearage payments made by the Veteran to the appellant. The matter is REMANDED for the following action: 1. Ensure full compliance with the contested claims procedures outlined in 38 C.F.R. §§ 19.100-02, 20.500-04. Specifically: (a.) Document in the record when the Veteran is provided with the December 2016 apportionment decision, and the contents of the appellant's February 2018 substantive appeal; and (b.) Document in the record when the appellant is provided with a Board certification letter. 2. Request that both parties provide any records of child support and arrearage payments, to include any payment history documentation or proof of any payments made by the Veteran to the appellant. (Continued on the next page) 3. Thereafter, readjudicate the issue of apportionment. S. HENEKS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board C. Robinson, 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.