Citation Nr: 21041200
Decision Date: 07/08/21	Archive Date: 07/08/21

DOCKET NO. 16-15 386
DATE: July 8, 2021

ORDER

The issue of entitlement to an apportionment of the Veteran's VA benefits to the appellant is dismissed due to the death of the Veteran.

FINDING OF FACT

On July 8, 2020, the Board was notified that the appellant died in July 2020.

CONCLUSION OF LAW

Due to the death of the Veteran, the Board has no jurisdiction to adjudicate the merits of this appeal at this time. 38 U.S.C. § 7104(a); 38 C.F.R.§ 20.1302.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from March 1974 to November 1975. The Veteran died in July 2020.  The appellant is the custodian of the Veteran's biological child, K.D.

This matter comes before the Board of Veterans' Appeals (Board) on appeal of a September 2015 decision by the Department of Veterans Affairs (VA) Regional Office (RO).

In March 2019, the appellant and K.D. testified at a Board hearing before the undersigned Veterans Law Judge. A copy of the transcript of that hearing is of record.

Dismissal 

The Veteran died during the pendency of the appeal. Specifically, on July 8, 2020, the VA was notified that the Veteran died in July 2020.

An appellant becomes ineligible for an apportionment of compensation at the time of the Veteran's death and apportionment issues are moot. See Marrero v. Gober, 14 Vet. App. 80 (2000). In this regard, apportionment is paid out of a share of the benefits for the Veteran.  As a result of the Veteran's death in July 2020, no payments are currently being made to the Veteran. Even if the criteria were met for apportionment prior to his death, there is no longer any benefit being paid that can be subject to apportionment. 

To the extent that an apportionment is requested out of the money paid to the Veteran prior to his death, that money would be controlled by the Veteran's estate, over which VA does not have jurisdiction. See also Scott v. Shulkin, Memorandum Decision No. 15-3579 (May 4, 2017). 

Because there is no benefit payable by VA, the appellant's claim for an apportionment of the Veteran's VA benefits has become moot by virtue of the death of the Veteran and must be dismissed for lack of jurisdiction. 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302.

In reaching this determination, the Board intimates no opinion as to the merits of this appeal or to any derivative claim brought by a survivor of the Veteran. 38 C.F.R. § 20.1106.

 

 

MATTHEW W. BLACKWELDER

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.