Citation Nr: 21029319 Decision Date: 05/13/21 Archive Date: 05/13/21 DOCKET NO. 16-38 861 DATE: May 13, 2021 REMANDED The issue of whether the award of an apportionment of the Veteran's VA compensation benefits for the benefit of the child M.S. was appropriate, is remanded. REASONS FOR REMAND The Veteran served on active duty from July 1994 to December 1998 and from November 2002 to June 2003. In this case, the Veteran is the appellant as an apportionment of her VA compensation benefits was granted to P.S, her former spouse and the custodial parent of the parties' minor child, M.S. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an October 2015 decision of the Department of Veterans Affairs (VA) Regional Office (RO) which awarded the Veteran's former spouse an apportionment of her VA compensation benefits for the benefit of their minor child, M.S. The issue of whether the award of an apportionment of the Veteran's VA compensation benefits for the benefit of the child M.S. was appropriate is remanded. After a review of the evidence in this case, the Board has determined that this matter is not ripe for appellate review as all steps necessary to ensure the procedural and due process rights of the parties have not been completed. This case involves a simultaneously contested claim; therefore, the provisions of 38 U.S.C. § 7105A are applicable. Cases involving simultaneously contested claims are also subject to special procedural regulations. See 38 C.F.R. §§ 19.100, 19.101, 19.102, 20.500, 20.501, 20.502, 20.503, 20.504. Specifically, 38 C.F.R. § 19.100 provides that, in a simultaneously contested claim, all interested parties are to be notified of the action taken by the AOJ and of the right and time limit for initiating an appeal, as well as notification of the right to a hearing and representation. Upon the filing of a notice of disagreement, all interested parties will be furnished a copy of the statement of the case (SOC). 38 C.F.R. § 19.101. When a substantive appeal is filed, the content will be furnished to the other contesting parties to the extent that it contains information which could directly affect the payment or potential payment of the benefit which is the subject of the contested claim. 38 C.F.R. § 19.102. Here, the appellant, contends that the apportionment of her VA compensation benefits was not warranted. In this case, it appears that the rules regarding simultaneously contested claims have not been complied with. Specifically, notice of the January 2021 hearing was not provided to the Veteran's former spouse. Additionally, he was not provided with a copy of the July 2016 Statement of the Case, the content of the appellant's July 2016 substantive appeal, nor the Board certification letter. Accordingly, the Board finds that a remand is necessary in order to ensure full compliance with contested claims procedures pursuant to 38 C.F.R. §§ 19.100-02, 20.500-04, to include providing the Veteran's spouse with a copy of the January 2021 hearing transcript, as well as the July 2016 Statement of the Case, the content of the July 2016 substantive appeal and a Board certification letter. 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, the RO should provide the Veteran's former spouse with a copy of the January 2021 Board hearing transcript. The RO should allow him an opportunity to respond and/or request her own hearing on this matter. 2. Additionally, the RO should ensure that the Veteran's spouse is provided with a copy of July 2016 Statement of the Case, the content of the July 2016 substantive appeal and a Board certification letter. 3. Readjudicate the claim on appeal. B. MULLINS 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.