Citation Nr: 0812735 Decision Date: 04/17/08 Archive Date: 05/01/08 DOCKET NO. 06-13 541 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Nashville, Tennessee THE ISSUE Entitlement to an apportionment of the veteran's nonservice- connected pension benefits on behalf of the appellant. ATTORNEY FOR THE BOARD Linda E. Mosakowski, Associate Counsel INTRODUCTION The veteran served on active duty from September 1987 to September 1991. The appellant was (and claims she still is) the veteran's wife. This matter comes to the Board of Veterans' Appeals (Board) on appeal from a January 2005 special apportionment decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Nashville, Tennessee, that denied the appellant's request for apportionment of the veteran's nonservice- connected pension benefits. The appeal is REMANDED to the RO via the Appeals Management Center (AMC), in Washington, D.C. VA will notify the appellant if further action is required. REMAND The Board shall decide an appeal only after affording the claimant an opportunity for a hearing. 38 U.S.C.A. § 7107(b) (West 2002). A hearing on appeal will be granted if an appellant expresses a desire to appear in person. 38 C.F.R. § 20.700(a) (2007). In the appellant's March 2006 substantive appeal, she requested a hearing before the Board to be held at the local RO. A hearing was scheduled for December 2007, but neither the veteran nor the appellant appeared for it. The claims folder shows that notice of the scheduled hearing was sent to the veteran, but there is no evidence that the appellant was sent notice of that hearing. Accordingly, the case is REMANDED for the following action: Schedule a hearing before a Veterans Law Judge at the RO in Nashville, Tennessee, and send notice of the scheduled hearing both to the veteran and to the appellant. The appellant has the right to submit additional evidence and argument on the matter or matters the Board has remanded. Kutscherousky v. West, 12 Vet. App. 369 (1999). This claim must be afforded expeditious treatment. The law requires that all claims that are remanded by the Board of Veterans' Appeals or by the United States Court of Appeals for Veterans Claims for additional development or other appropriate action must be handled in an expeditious manner. See 38 U.S.C.A. §§ 5109B, 7112 (West Supp. 2007). _________________________________________________ STEVEN D. REISS Acting Veterans Law Judge, Board of Veterans' Appeals Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the Board of Veterans' Appeals is appealable to the United States Court of Appeals for Veterans Claims. 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) (2007).