Citation Nr: 21073319 Decision Date: 12/08/21 Archive Date: 12/08/21 DOCKET NO. 17-66 496 DATE: December 8, 2021 REMANDED The issue of entitlement to an apportionment, in excess of $125 per month prior to July 1, 2016, and in excess of $500 per month from July 1, 2016, to the appellant on behalf of A.B., the Veteran's child, is remanded. The issue of entitlement to an effective date prior to October 14, 2011, for the award of an apportionment of the Veteran's VA compensation benefits to the appellant, on behalf of A.B., the Veteran's child, is remanded. REASONS FOR REMAND The Veteran served on active duty from June 1972 to February 1978 and from June 1968 to June 1971. The appellant is the mother of the Veteran's child, C.B. Additionally, during the pendency of this appeal, a March 2015 rating decision established permanent incapacity for self-support for A.B. This matter comes before the Board of Veterans' Appeals (Board) on appeal of an August 2016 decision issued by a Regional Office (RO) of the Department of Veterans Affairs (VA). The August 2016 rating decision granted apportionment to the appellant on behalf of the Veteran's child, A.B., in the amount of $125 a month, effective from October 14, 2011. The Veteran timely submitted a notice of disagreement (NOD), in part, as propriety of the award of apportionment. The appellant submitted a timely NOD as to the amount of apportionment awarded and the effective date assigned. However, following November 2017 Statements of the Case, only the appellant perfected an appeal as to the amount of apportionment awarded and the effective date assigned. Thus, these issues are on appeal. These matters were previously remanded by the Board in January 2020 for further development. They now return for appellate review. As a final initial matter, following the January 2020 Board remand, a September 2020 decision granted an increased apportionment of the Veteran's VA compensation benefits to the appellant on behalf of the Veteran's child, A.B., in the amount of $500, effective from July 1, 2016. Thereafter, the Veteran submitted a September 2021 VA Form 20-0996, Decision Review Request, seeking Higher-Level Review of the September 2020 decision. However, as the Veteran was notified in September 20, 2021 VA issued correspondence, Higher-Level Review of the September 2020 decision was not permissible. Instead, consistent with 38 C.F.R. § 20.401, a NOD had to be filed within 60 days if either the Veteran or the appellant sought appellate review. Nonetheless, as the increased apportionment awarded is part and parcel of the current issue for an increased apportionment, the Board has recharacterized the appeal as entitlement to an apportionment, in excess of $125 per month prior to July 1, 2016, and in excess of $500 per month from July 1, 2016, to the appellant on behalf of A.B., the Veteran's child, which encompasses the entire appeal at issue. 1. The issue of entitlement to an apportionment in excess of $125 per month prior to July 1, 2016 and in excess of $500 per month from July 1, 2016, to the appellant on behalf of A.B., the Veteran's child, is remanded. 2. The issue of entitlement to an effective date prior to October 14, 2011, for the award of an apportionment of the Veteran's VA compensation benefits to the appellant, on behalf of A.B., the Veteran's child, is remanded. The January 2020 Board remand found the rules regarding simultaneously contested claims had not been complied with, in particular, with providing the Veteran the content of the appellant's December 2017 substantive appeal, and notice of his right to request a hearing. The development following the January 2020 Board remand does not reflect the content of the appellant's December 2017 substantive appeal, with notice of his right to request a hearing, has been provided to the Veteran. However, the Board observes, in his September 2021 VA Form 20-0996, discussed above, the Veteran indicated he desired an informal conference. The January 2020 Board remand also directed the claim be readjudicated following the requested development. However, following the January 2020 Board remand, a Supplemental Statement of the Case (SSOC) has not been issued to either party (the Veteran and the appellant) nor has either party been provided with a Board certification letter. Accordingly, on remand, ensure full compliance with the contested claims procedures outlined in 38 C.F.R. §§ 19.100-02, 20.500-04, to include providing the Veteran with the content of the appellant's December 2017 substantive appeal, with notice of his right to request a hearing in this matter, as well as providing each party with a SSOC, and a Board certification letter, at the appropriate juncture. Stegall v. West, 11 Vet. App. 268 (1998). Additionally, the January 2020 Board remand directed that both parties provide updated income and expense information, to include any support provided by the Veteran to the appellant for their child. In February 2020 correspondence, VA requested this information from the Veteran. However, the record reflects the Veteran's address was changed, in error, to the appellant's address, and from December 2017 to July 2020, mail sent by VA to the Veteran, was sent to the appellant's address, rather than the Veteran's address. Accordingly, each party should again be provided with the opportunity to submit updated income and expense information, to include any support provided by the Veteran to the appellant for their child. Further, as a copy of the January 2020 Board remand was also sent the Veteran at the appellant's address, the Veteran should also be provided with a copy of this document. These matters are 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: (a.) Document in the record the Veteran is provided with the content of the appellant's December 2017 substantive appeal, with notice of his right to request an informal conference and/or Board hearing, and; (b.) Document in the record the Veteran is provided with a copy of the January 2020 Board remand. 2. Request that both parties provide updated income and expense information, to include any support provided by the Veteran to the appellant for their child, along with any supporting documentation. 3. Readjudicate the issues on appeal and issue a SSOC and certification letter, to both parties, in compliance with the procedures for simultaneously contested claims, and return the case to the Board, if otherwise in order. 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.