Citation Nr: 21025087 Decision Date: 04/27/21 Archive Date: 04/27/21 DOCKET NO. 15-22 919 DATE: April 27, 2021 REMANDED Entitlement to an apportionment of the Veteran's VA disability benefits to the appellant on behalf of the Veteran's dependent child, A.S., is remanded. REASONS FOR REMAND The Veteran served on active duty from October 1982 to October 1985. The appellant is the mother and custodian of the Veteran’s child, A.S. This matter comes to the Board of Veterans’ Appeals Board (Board) on appeal from a September 2013 decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). This case was previously before the Board in November 2018 and March 2020, when it was remanded to the agency of original jurisdiction (AOJ) for additional development. The case has been returned to the Board for adjudication. 1. Entitlement to an apportionment of the Veteran's VA disability benefits to the appellant on behalf of the Veteran's dependent child, A.S., is remanded. This case involves a simultaneously contested claim; therefore, the provisions of 38 U.S.C. § 7105A are applicable. See 38 C.F.R. §§ 19.100, 19.101, 19.102, 20.500, 20.501, 20.502, 20.503, 20.504. Relevant to this case, 38 C.F.R. § 20.504 provides that notices in simultaneously contested claims will be forwarded to the last address of record of the interested parties. In its March 2020 remand directives, the Board instructed the RO to, in pertinent part, provide the appellant a copy of the November 2018 Board decision, the January 2019 and March 2019 VA letters, and the March 2019 supplemental statement of the case (SSOC) at her address of record in accordance with the contested claims procedures set forth at 38 C.F.R. §§ 19.100-19.102, 20.500-20.504. The law is clear that when the Board remands a claim, it confers upon the appellant the right to substantial compliance with the Board’s remand directives. Stegall v. West, 11 Vet. App. 268 (1998). The record does not contain evidence that the RO provided the appellant with a copy of the November 2018 Board decision, the January 2019 and March 2019 VA letters, and the March 2019 supplemental statement of the case (SSOC) at her address of record. Further, since the issuance of the most recent SSOC, the appellant has provided an updated address and informed the VA she has not received any notices from the VA. As such, a remand is required for corrective action. Further, as the Board previously requested and received a Financial Status Report from the Veteran but no Financial Status Report was received from the appellant, the Board finds it prudent to obtain updated Financial Status Reports, as well as evidence of the Veteran’s current child support arrearage, if any. 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 and 20.500-04. Specifically, ensure that the appellant is provided a copy of the November 2018 and March 2020 Board decisions, the January 2019, March 2019, April 2020, and June 2020 VA letters, and the March 2019 and July 2020 SSOCs at her current address of record. 2. Send the parties a Financial Status Report form and request completion. Also request evidence of any additional child support payments made during the relevant period on appeal and evidence of the Veteran’s current child support arrearage amount, if any, from the relevant state child support payment enforcement agency. Advise each party that failure to provide the requested financial statements could result in an adverse decision for him or her in this matter. 3. 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.