BVA9500806 
DOCKET NO.  93-05 304     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Atlanta,
Georgia

THE ISSUE

What is the proper amount of apportionment for the veteran's
child, [redacted], in the custody of the veteran's former spouse?
This is a contested claim.

REPRESENTATION

Appellant represented by: Georgia Department of Veterans
Service

WITNESSES AT HEARINGS ON APPEAL

The veteran, and the appellant

ATTORNEY FOR THE BOARD

Neil Reiter, Counsel

REMAND

The veteran, who served on active duty from January 1977 to
January 1980, has been granted service connection for a seizure
disorder, evaluated as 100 percent disabling, effective from
June 9, 1986.

In December 1987, a claim for apportionment of the veteran's
compensation benefits was received from the appellant, who
reported that she had separated from the veteran and had custody
of their child.  The appellant and the veteran were divorced in
April 1988.  In an administrative decision in March 1990, the
regional office denied a claim for apportionment on behalf of the
child, [redacted], and the appellant appealed.  Subsequently,
additional evidence was obtained, and in November 1990, the
regional office determined that the appellant was entitled to an
apportionment on behalf of [redacted] in the amount of $48 monthly.
The appellant disagreed with the amount of the apportionment,
contending that she should receive a higher amount.  The veteran
also disagreed with the apportionment, and appealed.  The case
comes before the Board with both parties appealing the decision
of the regional office.

On appeal, the veteran has contended that he does not believe
that [redacted] is his child, and he claims that someone else is the
father.  He maintains that he would not object to supporting the
child if the child was, in fact, his child.  He has thus placed
the question of paternity of the child in question.  The regional
office has not addressed this issue in its administrative
decisions or in the statement of the case or supplemental
statement of the case.  The Board believes that the question
whether [redacted] is the veteran's child for Department of Veterans
Affairs (VA) purposes is inextricably intertwined with the
current issue of apportionment of the veteran's compensation
benefits.  For due process reasons, the regional office must
address this issue, advise both parties of its decision, and
advise both parties of the reasons for its decision prior to
final appellate review.

In reviewing the present claims folder, it is further noted that
the veteran again married in July 1992.  As this might have a
bearing on his financial status, a new financial status report
should be obtained from the veteran prior to final appellate
review.

In addition, in reviewing the present claims folder, it is noted
that both the appellant and the veteran have been represented by
the Georgia, State Department of Veterans Service.  The veteran
has moved to Colorado, but it is not clear whether he has been
advised that he can obtain different representation.  In
addition, the representative for the appellant has not had an
opportunity to provide a statement in support of the appellant.
This appeal presents a contested claim, and contested claims
procedures should be observed, including the right of each party
to have a representative and to have such representative provide
presentations for them.

In view of the above, the case is hereby REMANDED to the regional
office for the following actions:

1.  The regional office should contact the
veteran and request that he fill out
another financial status report detailing
his monthly income, monthly expenses,
assets and debts.

2.  The regional office should review and
adjudicate the question of whether [redacted]
is the veteran's child for VA purposes.
Both parties should be apprised of this
decision, the reasons and bases for such
decision, and the laws and regulations
which form the basis of such decision.

3.  The regional office should contact the
veteran and explain to him his choices
concerning representation.  The
representative for both parties should be
provided an opportunity to provide a
statement in support of the party they
represent.

When the above actions have been completed, the question of
apportionment of the veteran's compensation benefits should again
be reviewed.  If a supplemental statement of the case is
necessary, such supplemental statement of the case should be sent
to both parties and their representatives, and contested claims
procedures should be followed.  No action is required of either
party unless or until such party receives further notice.  The
purpose of this REMAND is to procure clarifying data, and to
provide due process.  The Board intimates no opinion, either
legal or factual, as to the ultimate determination warranted in
this case.

          JAMES R. ANTHONY
          Member, Board of Veterans' Appeals

The Board of Veterans' Appeals Administrative Procedures
Improvement Act, Pub. L. No. 103-271, § 6, 108 Stat. 740, ___
(1994), permits a proceeding instituted before the Board to be
assigned to an individual member of the Board for a
determination.  This proceeding has been assigned to an
individual member of the Board.

Under 38 U.S.C.A. § 7252 (West 1991), only a decision of the
Board of Veterans' Appeals is appealable to the United States
Court of Veterans Appeals.  This remand is in the nature of a
preliminary order and does not constitute a decision of the Board
on the merits of your appeal.  38 C.F.R. § 20.1100(b) (1993).