Citation Nr: 21072810
Decision Date: 12/06/21	Archive Date: 12/06/21

DOCKET NO. 14-13 191
DATE: December 6, 2021

REMANDED

The issue of entitlement to an apportionment of the Veteran's VA compensation benefits for his daughter, T.D., is remanded.

REASONS FOR REMAND

The Veteran served on active duty from April 1968 to February 1969. 

This matter comes before the Board of Veterans' Affairs (Board) on appeal from a July 2009 decision by a Department of Veterans Affairs (VA) Regional Office (RO).

In May 2016 and April 2020, the Board remanded the matter for further development.

 

1. The issue of entitlement to an apportionment of the Veteran's VA compensation benefits for his daughter, T.D., is remanded.

Regrettably, a remand is necessary. The Board previously remanded this matter in April 2020. In May 2020, the appellant submitted new information regarding their financial situation throughout the appeal period. In late September 2021, a Supplemental Statement of the Case (SSOC) was issued addressing this additional evidence. However, a copy of the SSOC was not provided to the Veteran or the Veteran's adult child, T.D. Instead, the SSOC was only mailed to the appellant. 

As this matter is a contested claim and the appellant submitted new, pertinent evidence related to the appeal, a copy of the September 2021 SSOC must be provided to all parties at their separate mailing addresses prior to the Board's adjudication of the claim. Further, the October 2021 Board certification letter was only provided to the Veteran. A copy of the October 2021 Board certification letter should be provided to all parties in compliance with contested claims procedures.

The matters are REMANDED for the following action:

Ensure full compliance with the contested claims procedures outlined in 38 C.F.R. §§ 19.100-02, 20.500-04. Specifically, provide the Veteran and the Veteran's adult child, T.D., with a copy of the September 2021 SSOC at their separate current mailing addresses. Further, provide the appellant and the Veteran's adult 

 

child with a copy of the Board's October 2021 certification letter. All contested claims procedures should be followed. The requisite period of time for a response should be afforded. The case should then be returned to the Board for further consideration, if otherwise in order.

 

 

MARJORIE A. AUER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Gastoukian, Kelly

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.