The appellant is requesting an apportionment of the Veteran's compensation benefits on behalf of their minor children. The Veteran was notified of a May 2008 Special Apportionment Decision, but did not file an NOD. The appellant filed an NOD in May 2008 and received a December 2008 SOC, but was not provided with the January 2010 SSOC or the substance of the appellant's VA Form 9 dated in January 2010. As a result, the Veteran needs to be furnished an SSOC and informed of the content of the appellant's substantive appeal.
The deciding factor: The contested claims procedures were not completely followed in this case, necessitating remand for proper notification and readjudication.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 7, 2010
- Citation
- 1013177
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 1013177.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.