Citation Nr: 22016531
Decision Date: 03/22/22	Archive Date: 03/22/22

DOCKET NO. 19-02 275
DATE: March 22, 2022

ORDER

The issue of entitlement an apportionment of the Veteran's VA compensation benefits to the appellant on behalf of the Veteran's child, T.M., is dismissed due to the death of the Veteran.

FINDING OF FACT

On December 13, 2021, VA was notified that the Veteran died earlier that month.

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 August 2006 to March 2007 and died in December 2021. The appellant is the and mother and custodian of the Veteran's child, T.M.

This matter comes before the Board of Veterans' Appeals (Board) on appeal of a July 2018 decision by the Department of Veterans Affairs (VA) Regional Office (RO).

1. The issue of entitlement an apportionment of the Veteran's VA compensation benefits to the appellant on behalf of the Veteran's child, T.M., is dismissed due to the death of the Veteran

The Veteran died during the pendency of the appeal. Specifically, on December 13, 2021, the Board was notified that the appellant died earlier that month. See December 2021 VA Form 27-0820a.

An appellant becomes ineligible for 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 December 2021, no payments are currently being made to the Veteran. Even if the criteria were met for apportionment prior to the Veteran's 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.

(CONTINUED ON NEXT PAGE)

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. 

 

 

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.