Citation Nr: A25035758 Decision Date: 04/17/25 Archive Date: 04/17/25 DOCKET NO. 210414-466483 DATE: April 17, 2025 REMANDED The issue of entitlement to an apportionment of the Veteran's Department of Veterans Affairs (VA) compensation benefits to the appellant from August 2017 to December 2021 (during the daughter's time in undergraduate school) is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from January 1984 to April 2004. The appellant, Brooke Barnes, is the Veteran's daughter, who at the time applied for apportionment for herself after turning age 18 but enrolled in college. The appeal stems from an appeal of a November 2019 apportionment decision regarding the denial of apportionment. In January 2020, the appellant filed a timely VA Form 10182 (Notice of Disagreement). In February 2021, the Board remanded to comply with simultaneously contested claims procedures to provide proper notice to all interested parties. This was under Docket No. 200129-59506. However, the matter is re-docketed as the current Docket No. 210414-466483. The record reflects both the Veteran and appellant were mailed copies of the AMA Initial and Final Notification Letters in September 2024 and November 2024. The Board recognizes the appellant as pro se in this appeal. The issue of entitlement to an apportionment of the Veteran's VA compensation benefits to the appellant for herself is remanded. Remand is needed to correct a pre-decisional duty to assist error that occurred prior to the November 2019 apportionment decision on appeal. By way of history, the Veteran's then college-age daughter originally sought apportionment of the Veteran's VA benefits for herself when she turned age 18, in 2018. See VA Form 21-0788, Information Regarding Apportionment of Beneficiary's Award, dated August 2017. At the time, she indicated she planned to enroll in college in August 2017 with expected graduation of December 2021. The record shows appellant concurrently submitted her VA Form 21-674 Request for Approval of School Attendance dated August 2017. Relevant here, the term "child" of the Veteran includes an unmarried person who is under the age of 18 years; or who, before reaching the age of 18 years, became permanently incapable of self-support; or who after reaching the age of 18 years and until completion of education or training (but not after reaching the age of 23 years) is pursuing a course of instruction at an approved educational institution. 38 C.F.R. § 3.57. The record shows that in response to the November 2018 notification letter the appellant called to provide an update. See Report of General Information dated July 2019. The telephone call documented the appellant's report of her current address, status as student, and no change in income or expenses. Id. The record shows appellant then submitted another VA Form 21-674 Request for Approval of School Attendance dated October 2019, reflecting she is attending University of Louisville. In a November 2019 notification letter, the AOJ denied the appellant's apportionment claim indicating appellant did not respond to letters of November 24, 2018, and June 12, 2019. The letter stated, "the documents you provided was out dated, because we did not receive the information, we requested from you, we must deny your claim." See November 2019 apportionment decision on appeal. Upon review, the Board finds the November 2019 apportionment decision is unclear what documents were "out dated," and overlooked the information provided by the appellant that there was no change in her income and expenses. Furthermore, the AOJ did not consider the appellant's report that she was pursuing a course of instruction at an approved educational institution after reaching the age of 18 years. This was a pre-decisional duty to assist error warranting remand under the AMA and implementing regulations. 38 C.F.R. § 20.802 (a). Accordingly, a remand is needed for the AOJ to readjudicate the issue of entitlement to an apportionment of the Veteran's VA compensation benefits to the appellant for the period from August 2017 to December 2021 (during the daughter's time in undergraduate school) based on all the evidence of record. The matters are REMANDED for the following action: (Continued on the next page) ? 1. Attempt to obtain any supporting documentation that the appellant was pursuing a course of instruction at an approved educational institution after reaching the age of 18 years (but not after reaching the age of 23 years) for the reported period from August 2017 to December 2021. 2. Readjudicate the issue of entitlement to an apportionment of the Veteran's VA compensation benefits to the appellant for herself for the period from August 2017 to December 2021 (during the daughter's time in undergraduate school) based on all the evidence of record. 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.