Citation Nr: 22012126 Decision Date: 03/02/22 Archive Date: 03/02/22 DOCKET NO. 10-49 773 DATE: March 2, 2022 REMANDED The appeal as to the propriety of the apportionment of the Veteran's disability benefits for his daughter, R.O., from December 1, 2008, to September 1, 2012, is remanded. REASONS FOR REMAND The Veteran had active service from October 1987 to October 2007. The appellee is the Veteran's daughter, R.O. The matter comes before the Board of Veterans' Appeals (Board) on appeal from an August 2009 administrative decision of the Department of Veterans Affairs (VA) Regional Office (RO). The claim was remanded by the Board in May 2014 and January 2017 and has been returned to the Board. 1. The appeal as to the propriety of the apportionment of the Veteran's disability benefits for his daughter, R.O., from December 1, 2008, to September 1, 2012, 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 Veteran, who is the non-prevailing party, contends that the apportionment of his VA disability benefits for R.O. was not proper. The appellee, R.O., is the prevailing party, as she was granted an apportionment of the Veteran's benefits. A close review of the claims file reveals that VA has not fulfilled its obligations under the procedures relating to contested claims. Specifically, there is no indication in the claims file that the appellee was provided with a copy of the May 2014 Board remand, September 2014 supplemental statement of the case (SSOC), January 2017 Board remand, March 2021 SSOC, or any Board notifications. 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 the appellee with these outstanding documents. The Board further notes that the Veteran has argued that he was providing support to the appellee during the time of her schooling. Indeed, the Veteran has submitted some evidence such as a pay stub from Costco that documents more than $400.00 being deducted for the payment of a court order. However, the Board finds that any additional information regarding the child support payment history, or any relevant documents, would be helpful in adjudicating this matter. Thus, on remand, the parties are advised to provide updated child support records, to include any related court orders, payment history documents, or proof of payments made by the Veteran to the appellee during the appeal period, from December 2008 to September 2012. The matters are REMANDED for the following action: 1. Ensure full compliance with the contested claims procedures outlined in 38C.F.R. §§19.100-02, 20.500-04. Specifically, ensure that the appellee, R.O., is provided with the May 2014 Board remand, September 2014 SSOC, January 2017 Board remand, March 2021 SSOC, and Board notifications. 2. Request that both parties provide any records of child support and arrearage payments made to the appellee by the Veteran during the appeal period (December 2008 to September 2012), to include any related court orders, payment history documentation, or proof of payments. 3. Readjudicate the claim on appeal. MARJORIE A. AUER Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Gastoukian, Kelly 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.