Citation Nr: A25091237 Decision Date: 10/22/25 Archive Date: 10/22/25 DOCKET NO. 221003-285984 DATE: October 22, 2025 ORDER The appeal seeking an apportionment of the Veteran's Department of Veterans Affairs (VA) disability compensation to the appellant is dismissed. FINDINGS OF FACT 1. On October 15, 2021, the Agency of Original Jurisdiction (AOJ) notified the appellant of the administrative decision denying an apportionment of the Veteran's VA disability compensation. Such notice informed the appellant that she had 60 days from the date of the correspondence to seek further review. 2. On October 3, 2022, the appellant submitted a VA Form 10182: Decision Review Request: Board Appeal, in which she sought review by the Board of Veterans' Appeals (Board), under the Board's evidence submission docket, of the October 2021 administrative decision. CONCLUSION OF LAW The appellant's VA Form 10182 seeking Board review of the October 2021 administrative decision was not timely and, therefore, an appeal of that decision has not been properly initiated. 38 U.S.C. §§ 7105, 7105A; 38 C.F.R. § 20.502. REASONS AND BASES FOR FINDINGS AND CONCLUSION This matter comes before the Board from an October 2022 VA Form 10182 in which the appellant requested review of an October 2021 administrative decision which denied an apportionment of the Veteran's VA disability compensation. This matter involves a "contested claim," in that an award to one party impacts the award to another party. Cases involving contested claims are subject to special procedural requirements. 38 U.S.C. § 7105A; 38 C.F.R. §§ 20.400 - 20.407, 20.502. Of particular relevance here, with contested claims, an appeal must be filed within 60 days from the date of the mailing of the notification of the determination. 38 C.F.R. § 20.402. The date of mailing of the letter of notification will be presumed to be the same as the date of that letter for purposes of determining whether an appeal has been timely filed. Id. Here, the appellant was notified of the October 2021 administrative decision in a letter dated October 15, 2021. See October 2021 VA Correspondence. This letter informed the appellant that if she disagreed with the contested claim decision, she had 60 days from the date of this letter to seek further review. The letter also instructed the appellant that an enclosed VA Form 20-0998 explained her options for further review. Id. Such VA Form 20-0998 states that, with contested claims, the only available review option is an appeal to the Board and that such appeal must be filed within 60 days of the date of the decision. Id. In other words, the appellant was informed that she had until December 14, 2021, to file a VA Form 10182 seeking Board review of the October 2021 administration decision's denial of an apportionment of the Veteran's VA disability benefits compensation. On October 3, 2022, the Board received a VA Form 10182 from the appellant requesting review of the October 2021 administrative decision. However, as such was received more than 60 days after notification of the October 2021 administrative decision, such attempted appeal was untimely and constitutes a procedural defect. See Ferko v McDonough, 37 Vet. App. 262 (2024). Notably, there is no claim of good cause for the delay in submitting an appeal, nor a request for a waiver by the appellant. Indeed, the record reveals that, in a letter dated June 23, 2025, the Board informed the appellant that her October 2022 VA Form 10182 was untimely but that, if she disagreed, she had 60 days from the date of the letter to submit a statement explaining why she felt her appeal should nonetheless be accepted. See June 2025 Board Correspondence. To date, the appellant has not responded. In sum, the record shows that the appellant's October 2022 VA Form 10182 was untimely and, therefore, the attempted appeal of the issue of entitlement to an apportionment of the Veteran's VA disability compensation must be dismissed. YVETTE R. WHITE Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J.T. Martin III, 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.