Citation Nr: A25035694
Decision Date: 04/17/25	Archive Date: 04/17/25

DOCKET NO. 240426-435948
DATE: April 17, 2025

ORDER

Entitlement to an apportionment of the Veteran's VA disability compensation benefits for the period from July 2013 to the parties' divorce in June 2014, is dismissed due to the death of the Veteran.

FINDING OF FACT

The record reflects the Veteran died in June 2022.

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 had active service from February 1981 to July 1987.  The appellant is the Veteran's former spouse.  The appellant and Veteran divorced in July 2014.  

During the pendency of the appeal, the Veteran died in June 2022.  

This matter comes before the Board of Veterans' Appeals (Board) on appeal of a January 2024 notification letter issued by the Agency of Original Jurisdiction (AOJ) which implemented the Board's December 2023 decision. 

In January 2024 letter, the AOJ indicated entitlement to apportionment of the Veteran's VA compensation benefits for the period from July 2013 to June 2014 is granted.  However, the AOJ explained no benefits are payable, an apportionment is paid out of a share of the benefits paid to a Veteran, and with the Veteran's death, payments to him cease.  The AOJ added that although the Board decision granted an apportionment, "the Veteran is deceased and there are no unpaid benefits due to the Veteran.  Accrued benefits are therefore denied because there were no unpaid benefits prior to the Veteran's death." 

Here, the Board agrees.  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).  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 June 2022, 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). 

In this regard, 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.

 

 

KELLI A. KORDICH

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.