Citation Nr: A25035257
Decision Date: 04/16/25	Archive Date: 04/16/25

DOCKET NO. 210202-140420
DATE: April 16, 2025

ORDER

The issue of entitlement to an apportionment of the Veteran's VA compensation benefits to the Appellant on behalf of the Veteran's children, P.S. and B.S., is dismissed.

FINDING OF FACT

The Veteran died in May 2021.

CONCLUSION OF LAW

The appeal of the issue of an apportionment of the Veteran's VA benefits has become moot by virtue of the death of the Veteran and must be dismissed. 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served in the U.S. Air Force from February 1993 to May 2000 and from June 2005 to April 2006. He also served in the National Guard. The Veteran died in May 2021.

The Appellant is the Veteran's former spouse and the mother of his children, P.S. and B.S.

The apportionment decision on appeal was issued in December 2020. On her February 2021 VA Form 10182, Decision Review Request:  Board Appeal (Notice of Disagreement (NOD)), the Appellant elected the evidence submission docket. 

The Board notes that the Veteran was not provided a copy of the apportionment decision or the substance of the Appellant's NOD. Neither the Veteran nor the Appellant were provided notification that this appeal was placed on the Board's docket. However, no corrective action is required as to these issues, or any other due process deficiency, if such exists, given that this case is being dismissed due to the death of the Veteran. 

The issue of entitlement to an apportionment of the Veteran's VA compensation benefits to the Appellant on behalf of the Veteran's children, P.S. and B.S. is dismissed.

An appellant becomes ineligible for apportionment of compensation benefits at the time of the Veteran's death, and any apportionment claim becomes moot. See Marrero v. Gober, 14 Vet. App. 80 (2000). This is because apportionment is paid out of a share of the benefits paid to a Veteran. As a result of the Veteran's death in May 2021, the benefits paid to the Veteran ceased and no payments are currently being made to him.  

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).  

As 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 the appeal must be dismissed. 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302.

 

 

A. J. Spector

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. E. Miller, 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.