Citation Nr: 21040619 Decision Date: 07/06/21 Archive Date: 07/06/21 DOCKET NO. 16-14 885 DATE: July 6, 2021 REMANDED Propriety of the decision to grant an apportionment of the Veteran's VA compensation benefits in the amount of $100 per month to the appellee on behalf of the Veteran's child, J.M., is remanded. REASONS FOR REMAND The Veteran served on active duty from August 1990 to July 1997. The appellee is the mother of the Veteran's child, J.M. This matter comes before the Board of Veterans' Appeals (Board) on appeal of a February 2012 decision by the Department of Veterans Affairs (VA) Regional Office (RO) which granted an apportionment of the Veteran's compensation VA benefits in the amount of $100 per month to the appellee on behalf of J.M. The Veteran appeals the apportionment grant. The Veteran was scheduled for a Board hearing in May 2018; however, in May 2018, the Veteran withdrew the hearing request. 38 C.F.R. § 20.704(e). In February 2019, the Board remanded the matter for compliance with contested claim procedures and additional development. The matter has been returned to the Board. 1. Propriety of the decision to grant an apportionment of the Veteran's VA compensation benefits in the amount of $100 per month to the appellee on behalf of the Veteran's child, J.M., 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. In this case, it appears that the rules regarding simultaneously contested claims have not been followed. Specifically, the appellee was not provided with a copy of the October 2020 supplemental statement of the case. Accordingly, the Board finds that a remand is necessary in order to ensure full compliance with the contested claims procedures pursuant to 38 C.F.R. §§ 19.100-02, 20.500-04, to include providing appellee with a copy of the October 2020 supplemental statement of the case. Further, as the Board previously requested updated income and expense information but did not receive a response from either party, the Board finds it prudent to obtain updated income and expense information, as well as evidence of the Veteran's child support payments or arrearage. Finally, the Board previously requested details and evidence of the Veteran's son's incarceration, to include the dates of incarceration, evidence of the felony conviction, and location of his son's incarceration. To date, this evidence has not been provided. On remand, the Veteran should be requested to provide this information. 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 appellee is provided with the October 2020 supplemental statement of the case. 2. Furnish VA Forms 21-0788 (Information Regarding Apportionment of Beneficiary's Award) to the appellee and the Veteran and request that they complete the forms for the periods from March 2011 to the present, indicating their income and expenses. Advise that failure to provide the requested financial statements could result in an adverse decision in this matter. 3. Request the appellee and Veteran provide evidence of any child support payments paid or arrearages incurred since March 2011. 4. Request the Veteran provide details and evidence of his son's incarceration during the relevant period on appeal. 5. 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.