Citation Nr: 21021272
Decision Date: 04/12/21	Archive Date: 04/12/21

DOCKET NO. 15-23 004A
DATE: April 12, 2021

REMANDED

Entitlement to an increased apportionment of the Veteran's VA compensation benefits on behalf of his daughter, S.G., is remanded.

Entitlement to an effective date prior to June 1, 2011, for the award of an increased apportionment of the Veteran's VA compensation benefits on behalf of his daughter, S.G., is remanded.

REASONS FOR REMAND

The Veteran served on active duty from April 1967 to November 1968. The appellant is the mother and custodian of the Veteran’s daughter, S.G.

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a June 2012 decision of a Department of Veterans Affairs (VA) Regional Office (RO) and was previously remanded by the Board in January 2019 and November 2020.

1. Entitlement to an increased apportionment of the Veteran's VA compensation benefits on behalf of his daughter, S.G., is remanded.

2. Entitlement to an effective date prior to June 1, 2011, for the award of an increased apportionment of the Veteran's VA compensation benefits on behalf of his daughter, S.G., is remanded.

Regrettably, a remand is necessary. The Board previously remanded this matter in November 2020, at which time it instructed the RO to obtain updated financial information for both parties. The appellant submitted a new VA Form 21-0788 regarding her monthly income and expenses in January 2021, while the Veteran provided monthly income and expenses in November 2019. Further, the appellant submitted a March 2021 statement regarding the time period an increase should have been awarded. To date, a Supplemental Statement of the Case (SSOC) has not been issued addressing this additional evidence.

This matter is a contested claim and both parties submitted new, pertinent evidence related to the appeal. Thus, the Board finds this evidence must be referred to the AOJ for initial consideration and the issuance of a SSOC to ensure both parties are afforded the requisite due process with regard to this contested claim. See Disabled Am. Veterans v. Sec’y of Veterans Affairs, 327 F.3d 1339, 1347 (Fed. Cir. 2003). The Board notes the presumptive waiver provisions of 38 U.S.C. § 7105(e) do not apply in this instance because the appellate procedures for simultaneously contested claims are governed by 38 U.S.C. § 7105A.

The matters are REMANDED for the following action:

Readjudicate this appeal considering all evidence received since the November 2020 Board Remand. If any benefit remains denied, the Veteran and the appellant must be provided an SSOC, which includes a summary of any additional evidence submitted. 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.

 

 

MARJORIE A. AUER

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Kelly A. Gastoukian

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.