Citation Nr: 25005607 Decision Date: 04/24/25 Archive Date: 04/24/25 DOCKET NO. 19-23 527A DATE: April 24, 2025 REMANDED The claim as to the propriety of the grant of an apportionment of the Veteran's VA compensation benefits to LS, on behalf of his minor children JG and BG, is remanded. REASONS FOR REMAND The Veteran, who is the appellant, had active service from August 1972 to June 1975. This matter is before the Board of Veterans' Appeals (Board) on appeal from a March 2017 decision of a Department of Veterans Affairs (VA) Regional Office (RO). The March 2017 decision granted an apportionment of the Veteran's VA compensation benefits to the Veteran's sister, LS, on behalf of the Veteran's minor children JG and BG. In April 2017, the Veteran filed a timely notice of disagreement (NOD) concerning the grant of an apportionment. To date, a Statement of the Case (SOC) regarding the propriety of the March 2017 grant of an apportionment to LS on behalf of JG and BG has not been issued. In September 2023, to specifically address this, the Board remanded the matter for the RO to issue a statement of the case. See Manlincon v. West, 12 Vet. App. 238, 240-41 (1999). However, the matter returned without accomplishing the previously ordered development. Thus, another remand is necessary to ensure compliance with prior Board remand directives. Stegall v. West, 11 Vet. App. 268, 271 (1998). In reaching this decision, the Board takes note of the RO's February 1, 2024, letter to the Veteran and corresponding memorandum of record in which it is stated that the Veteran "withdrew [his] Notice of Disagreement" with the matter in question via an April 18, 2017, statement and that the RO would thus not issue an SOC or take any further action on this appeal, despite the Board's clear directive in our September 2023 remand. Upon careful review of the record, and in consideration of the RO's conclusions, the Board finds that the Veteran's April 18, 2017, statement in question is not clear on its face as to which of the multiple appeals he potentially wished to withdraw and is thus not sufficient to serve as a withdrawal of the instant appeal. Specifically, the Veteran's statement from April 18, 2017, reads in its entirety: "Request to cancel the Notice of Disagreement and associated hearing that was requested on April 12, 2017. This NOD was for the VA decision letter dated 3/20/2017 regarding apportionment. Thank you." In finding that this statement does not constitute a valid withdrawal of the instant appeal, the Board finds compelling the fact that there were two separate apportionment matters pending at the time this statement was submitted, and the statement neither differentiates between them nor clarifies which matter is referenced. The Board's position is bolstered by the fact that in a related matter, the Veteran not only perfected an appeal but also appeared before the undersigned Veterans Law Judge at a hearing on October 14, 2022, to testify regarding the apportionment matters in question. At that hearing, the Veteran specifically reiterated that he wished to pursue the apportionment claim at issue today, regarding apportionment of his benefits to his sister LS on behalf of his minor children. See Board Hearing Transcript, pp. 3-4. The Board finds these actions run counter to any suggestion that the Veteran wished to withdraw his appeals regarding his apportionment claims, to include the matter currently before the Board. Thus, remand is again required in order for the RO to take the action directed by the Board in September 2023: the issuance of a Statement of the Case regarding the propriety of the March 2017 grant of an apportionment of the Veteran's VA compensation benefits to LS, on behalf of the Veteran's minor children JG and BG. As will be explained further in that document, the Veteran may perfect an appeal of this apportionment claim, if he wishes, and if he does so the appeal will be returned to the Board. The matters are REMANDED for the following action: Undertake all actions required by 38 C.F.R. § 19.101, including issuing a Statement of the Case (SOC) to all interested parties and their representatives (if any) regarding the propriety of the March 2017 grant of an apportionment of the Veteran's VA compensation benefits to LS, on behalf of the Veteran's minor children JG and BG. The issue should only be returned to the Board if a timely substantive appeal is filed. Caroline Fleming Veterans Law Judge Board of Veterans' Appeals Attorney for the Board S.A., 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.