Citation Nr: A21020094 Decision Date: 12/16/21 Archive Date: 12/16/21 DOCKET NO. 200522-88595 DATE: December 16, 2021 ORDER The appeal of the appointment of a family member as the Veteran's fiduciary for the purpose of managing his Department of Veterans Affairs (VA) benefits is dismissed. FINDINGS OF FACT 1. VA initially appointed the Veteran's spouse as the Veteran's fiduciary; she later died. 2. Following the death of the Veteran's spouse and subsequent rejection of the appointment as fiduciary of family member, C., the Veteran requested that another family member be appointed as his fiduciary. 3. VA subsequently appointed another family member as his fiduciary, S.W.; she signed a fiduciary agreement, and she is the currently appointed fiduciary. 4. There is currently no justiciable case or controversy for active consideration by the Board of Veterans' Appeals (Board) as to the matter of the Veteran's proper fiduciary. CONCLUSION OF LAW The Veteran's appeal as to the issue of the proper fiduciary is dismissed as no justiciable case or controversy is before the Board at this time. 38 U.S.C. §§ 7102, 7104, 7105, 7107; 38 C.F.R. §§ 19.44, 20.101, 20.200, 20.204, 20.205. REASONS AND BASES FOR FINDINGS AND CONCLUSION This appeal comes to the Board from an April 2020 decision of the Agency of Original Jurisdiction (AOJ). In May 2020, the Veteran timely appealed this decision to the Board of Veterans' Appeals (Board) and the Veteran then elected Direct Review by Veteran Law Judge. See May 2020 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement). A November 2006 rating decision determined that the Veteran is not competent to handle his VA funds. That matter is not in dispute. His spouse was selected as his fiduciary. 38 U.S.C. § 5506 defines the term "fiduciary," for purposes of 38 U.S.C. Chapter 55 (Minors, Incompetents, and Other Wards) as: (1) a person who is a guardian, curator, conservator, committee, or person legally vested with the responsibility or care of a claimant (or a claimant's estate) or of a beneficiary (or a beneficiary's estate); or (2) any other person having been appointed in a representative capacity to receive money paid under any of the laws administered by the Secretary for the use and benefit of a minor, incompetent, or other beneficiary. The Federal Register in 78 FR 63139-01, clarifies the definition of fiduciary provided in 38 U.S.C. § 5506 as follows: The term 'fiduciary' is different than the term 'guardian' as the latter term... refers to a guardian or conservator appointed by a state court after such court makes a determination that a Veteran is incompetent. VA benefits may be paid to a duly recognized fiduciary on behalf of a person who is mentally incompetent. 38 U.S.C. § 5502; 38 C.F.R. § 3.850. The Veteran's spouse died in June 2019. Thereafter, another family member handled his funds and sought to be selected as the new fiduciary. However, this family member, C., did not pass the credit report requirement. See April 2020 RO correspondence. The AOJ then appointed a non-family member, K.L. Group, as the fiduciary. The Veteran disputed that finding, requesting that a family member be appointed as his fiduciary. See May 2020 VA Form 10182 (Decision Review Request: Board Appeal (Notice of Disagreement)). VA subsequently appointed another family member as his fiduciary, she signed a fiduciary agreement. The AOJ then replaced K.L. Group with the family member, S.W., and she is the currently appointed fiduciary. See, e.g., October 2020 RO correspondence and undated VA Form 21P-555. Accordingly, there is no justiciable case or controversy regarding the fiduciary issue currently before the Board as contemplated by 38 U.S.C. §§ 7102, 7104, 7107 and 38 C.F.R. § 19.4. Consequently, in the absence of any justiciable question, this appeal must be dismissed. S. L. Kennedy Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Connolly 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.