Citation Nr: A21020170 Decision Date: 12/17/21 Archive Date: 12/17/21 DOCKET NO. 200526-87792 DATE: December 17, 2021 ORDER Whether the appellant, C.T.A., should be selected as the fiduciary for C.A., the minor child of the Veteran and the appellant, is dismissed. FINDINGS OF FACT 1. VA initially appointed A.T. as C.A.'s fiduciary. 2. VA subsequently appointed the appellant as C.A.'s fiduciary, she signed a fiduciary agreement on May 26, 2020, and she is the currently appointed fiduciary. 3. There is no valid matter in controversy regarding the appointment of C.A.'s fiduciary. CONCLUSION OF LAW The criteria for dismissal of the appeal have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from July 2000 to March 2002. The Veteran is currently incarcerated. The appellant is C.T.A., the Veteran's fiancé and the mother of C.A., their minor child. 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. On May 18, 2020 VA selected, A.T., as the fiduciary for C.A. On May 26, 2020 the appellant submitted a VA Form 10182 Notice of Disagreement, selecting Direct Review and indicating disagreement with the appointment of the fiduciary for her son. The appellant asserted that she wanted to be the fiduciary for her son because she is with him every day and handles all expenses. (Continued on the next page) Thereafter, the RO replaced A.T. with the appellant as the fiduciary for C.A. On May 26, 2020, the appellant signed a fiduciary agreement, and in September 2020, she was appointed as VA fiduciary for C.A. A September 18, 2020 letter from VA confirms her appointment. Accordingly, there remains no matter in controversy as to this matter. Accordingly, the appeal must be dismissed for lack of jurisdiction. 38 U.S.C. §§ 7104 (a), 7105(d)(5). L. B. CRYAN Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. Labi, 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.