Citation Nr: 21021935
Decision Date: 04/14/21	Archive Date: 04/14/21

DOCKET NO. 18-34 527
DATE: April 14, 2021

REMANDED

The issue of entitlement to an increased apportionment of the Veteran’s VA compensation benefits to the appellant, on behalf of the child D.G., is remanded.

REASONS FOR REMAND

The Veteran served on active duty from February 1998 to January 2015. The appellant is the mother of the parties’ child, D.G. 

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a June 2016 apportionment decision of the VA Regional Office (RO), which awarded an apportionment of the Veteran’s benefits to the appellant for the child in the amount of $200.00 per month. 

In April 2020, the Board remanded this matter for further development, to include compliance with contested claims procedures.  

As noted in the April 2020 Board remand, the issue of entitlement to an earlier effective date for the awarded apportionment was raised by the appellant in the June 2018 VA Form 9. As this issue has not been adjudicated by the Agency of Original Jurisdiction (AOJ), the Board does not have jurisdiction over it, and it is again referred to the AOJ for appropriate action. 38 C.F.R. § 19.9 (b) (2020). 

Regrettably, a remand is necessary. The Board previously remanded this matter in April 2020, at which time it instructed the RO to obtain updated financial information for both parties. In July 2020, the appellant submitted a new VA Form 21-0788 regarding her monthly income and expenses, along with other financial documentation. In November 2020, a Supplemental Statement of the Case (SSOC) was issued addressing this additional evidence. However, a copy of the SSOC was not provided to the Veteran. 

As this matter is a contested claim and the appellant submitted new, pertinent evidence related to the appeal, a copy of the November 2020 SSOC must be provided to the Veteran prior to the Board’s adjudication of the claim.

The matter is REMANDED for the following action:

Provide the Veteran with a copy of the November 2020 SSOC. 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.

 

 

MARTIN B. PETERS

Acting Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Erin J. Trojanowski, 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.