Citation Nr: 21021285 Decision Date: 04/12/21 Archive Date: 04/12/21 DOCKET NO. 17-28 301 DATE: April 12, 2021 REMANDED Entitlement to an increased apportionment in excess of $300 per month to the appellant on behalf of the Veteran's children, C.R. and J.R., is remanded. REASONS FOR REMAND The Veteran served on active duty from December 2000 to August 2010. The appellant is the mother and custodian of the Veteran’s children, C.R. and J.R. This matter comes before the Board of Veterans’ Appeals (Board) on appeal of a September 2016 decision by the Department of Veterans Affairs (VA) Regional Office (RO). The matter was previously remanded by the Board in February 2019 for further development and has been returned to the Board for adjudication. 1. Entitlement to an increased apportionment in excess of $300 per month to the appellant on behalf of the Veteran's children, C.R. and J.R. is remanded. Although the Board sincerely regrets the additional delay, there has not been substantial compliance with the Board’s remand directives regarding the issue on appeal. As such, another remand is required. Stegall v. West, 11 Vet. App. 268, 271 (1998). In the February 2019 remand, the Board requested that the AOJ obtain information from the Social Security Administration (SSA) regarding the Veteran’s monthly SSA income. On remand, the AOJ obtained a copy of the Veteran’s SSA medical records; however, the Veteran’s SSA income information was not obtained. Further, it is unclear whether the March 2017 statement of the case (SOC), May 2017 VA Form 9, or February 2019 Board remand was mailed to the Veteran’s correct address. Accordingly, on remand, the RO should ensure full compliance with the contested claims procedures pursuant to 38 C.F.R. §§ 19.100-02, 20.500-04, to include providing the Veteran, at his current address, with a copy of the March 2017 SOC, the content of the May 2017 substantive appeal, and the February 2019 Board remand. Additionally, the record indicates the parties’ financial status has changed throughout the appeal period. The outcome of apportionment cases depends on the financial status of the parties. The appellant last submitted documents detailing her financial status in November 2020; however, the Veteran has not provided his monthly income and expenses at any point during the appeal period. The Board finds that the completion of multiple VA Forms 21-0788 (Information Regarding Apportionment of Beneficiary’s Award) for the appellant and the Veteran (from July 2013 until January 2020) would be helpful in resolving the issue on appeal. The matters are REMANDED for the following action: 1. Ensure full compliance with the contested claims procedures outlined in 38 C.F.R. §§ 19.100-02, 20.500-04. Specifically, ensure that the Veteran is provided with the March 2017 SOC, the content of the May 2017 substantive appeal, and the February 2019 Board remand. 2. Furnish VA Forms 21-0788 (Information Regarding Apportionment of Beneficiary’s Award) to the appellant and the Veteran and request that they complete the forms for the periods from July 2013 to the January 2020, indicating their income and expenses. Advise that failure to provide the requested financial statements could result in an adverse decision in this matter. 3. Verify the SSA benefits income paid to the Veteran from June 2013 to the present. 4. Readjudicate the claim on appeal. 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.