Citation Nr: 21023085
Decision Date: 04/20/21	Archive Date: 04/20/21

DOCKET NO. 19-16 219
DATE: April 20, 2021

REMANDED

Entitlement to an effective date prior to April 13, 2014 for the award of an apportionment of the Veteran's VA compensation benefits is remanded.

REASONS FOR REMAND

The Veteran served on active duty from September 1979 to August 1982.  The appellant is the Veteran's wife.

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a May 2016 apportionment decision of the Department of Veterans Affairs (VA) Regional Office (RO) which assigned an effective date for the award of an apportionment of April 13, 2014.

This matter was previously remanded by the Board in June 2020 for further development.  Unfortunately, a review of the record indicates that there has not been substantial compliance with the previous remand directives and further development is necessary.  See Stegall v. West, 11 Vet. App. 268, 271 (1998).  Specifically, the RO was asked to contact all relevant state, local, and federal authorities to determine if the Veteran was confined for a felony prior to April 13, 2014.  However, the RO only contacted federal authorities.  This is insufficient to determine if the Veteran was convicted of a felony and confined at either the state or local levels.

The appellant submitted information regarding the Veteran’s conviction in May 2013 for a felony and that he was sentenced to a two year period of confinement and a five year period of confinement to be served consecutively, with portions of the sentences suspended.  However, there is no indication of the dates of the Veteran’s incarceration.  On remand, the RO should contact the Virginia Department of Corrections and determine when the Veteran was confined following his May 2013 conviction and for how long he was confined.  

The matters are REMANDED for the following action:

1. Contact the Virginia Department of Corrections to determine the dates of confinement following the Veteran’s May 2013 conviction.

2. Determine if the Veteran was convicted of a felony prior to May 2013 but on or after March 20, 2013 when the appellant filed for an apportionment.

3. Readjudicate the claim on appeal.

 

 

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.