Citation Nr: 21014310
Decision Date: 03/11/21	Archive Date: 03/11/21

DOCKET NO. 19-00 590
DATE: March 11, 2021

ORDER

The appeal as to entitlement to an apportionment of the Veteran’s VA compensation benefits to the appellant for the benefit of the children B.J. and D.J. is dismissed.

FINDING OF FACT

On July 18, 2019 the Board was notified that the Veteran died in July 2019.

CONCLUSION OF LAW

Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the merits of this appeal at this time.  38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302. 

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from October 1989 to October 1993 and February 1997 to August 1997.  The appellant was the Veteran’s former spouse and the mother of B.J. and D.J., the Veteran’s children.

This matter comes before the Board of Veterans’ Appeals (Board) on appeal of a decision issued by the Department of Veterans Affairs (VA) Regional Office (RO).

In February 2016, the RO denied an apportionment of the Veteran’s VA benefits to the appellant.  The appellant timely appealed that decision, asserting that she would suffer a hardship if no apportionment was granted.

The record shows the Veteran died in July 2019, during the pendency of this appeal.

An appellant becomes ineligible for apportionment of compensation at the time of the Veteran’s death and apportionment issues are moot.  See Marrero v. Gober, 14 Vet. App. 80 (2000).  This is because apportionment is paid out of a share of the benefits paid to a veteran.  As a result of the Veteran’s death in July 2019, no payments are currently being made to him.

In addition, the Board observes that to the extent that an apportionment is requested out of the money paid to the Veteran prior to his death, that money would be controlled by the Veteran’s estate, over which VA does not have jurisdiction.  See Scott v. Shulkin, Memorandum Decision No. 15-3579 (May 4, 2017).

Because there is no benefit payable by VA, the appellant’s claim for an apportionment of the Veteran’s VA benefits has become moot by virtue of the death of the Veteran and must be dismissed for lack of jurisdiction.  38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302.

In reaching this determination, the Board intimates no opinion as to the merits of this appeal or to any derivative claim brought by the appellant.  38 C.F.R. § 20.1106.

 

 

MICHAEL E. KILCOYNE

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	J. Uller, 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.