Citation Nr: 18159909 Decision Date: 12/21/18 Archive Date: 12/20/18 DOCKET NO. 15-32 770 DATE: December 21, 2018 REMANDED Entitlement to attorney fees in the amount of $19,321.65 based on past due benefits granted in a May 2015 rating decision is remanded. REASONS FOR REMAND The Veteran served on active duty from January 1984 to January 1993. This matter is before the Board of Veterans’ Appeals (Board) on appeal from a May 2015 decision of the Department of Veterans Affairs (VA) Regional Office (RO). The appellant is the Veteran’s former attorney. A “simultaneously contested claim” refers to the situation in which the allowance of one claim results in the disallowance of another claim involving the same benefit, or the allowance of one claim results in the payment of a lesser benefit to another claimant. 38 C.F.R. § 20.3(p). An attorney fee dispute is a simultaneously contested claim due to the possibility that VA may be required to withhold the attorney fees from benefits due to the Veteran. Thus, both the appellant and the Veteran have a substantial interest in the outcome of this appeal. Special procedural regulations are applicable to such appeals. All interested parties are to be specifically notified of the action taken by the AOJ in a simultaneously contested claim, and of the right and time limit for initiating appeal, as well as both hearing and representation rights. 38 C.F.R. § 19.100. After a notice of disagreement has been filed in a simultaneously contested claim, all interested parties are to be furnished with a copy of a statement of the case. 38 C.F.R. § 19.101. When a substantive appeal is filed in a simultaneously contested claim, the content of the substantive appeal will be furnished to the other contesting parties to the extent that it contains information which could directly affect the payment or potential payment of the benefit which is the subject of the contested claim. 38 C.F.R. § 19.102. A party to a simultaneously contested claim has a 30-day answer period to respond to the substantive appeal. 38 C.F.R. § 20.502. An extension to the 30-day answer period may be granted if good cause is shown. 38 C.F.R. § 20.503. Review of the record reveals the requirements for a simultaneously contested claim have not been fully complied with in this appeal. The record reflects that both the appellant and the Veteran were sent a copy of the August 2015 Statement of the Case (SOC). In the August 2015 notice letter sent to the appellant, the RO specifically stated that, “If an appeal is filed you will be notified and given the opportunity to respond and to request a hearing.” However, there is no indication that the appellant was provided with the content of the Veteran’s substantive appeal or any other notice that an appeal had been perfected in this case and that it would be certified to the Board. In a February 2016 VA form 8, Certification of Appeal to the Board, the RO incorrectly noted that contested claims procedures were not applicable, and did not verify that the requirements of 38 U.S.C. § 7105A were met. Therefore, the claim must be remanded for compliance with contested claims procedures. The matter is REMANDED for the following action: Ensure full compliance with contested claims procedures outlined in 38 C.F.R. §§ 19.100-02, 20.500-04. Specifically, ensure the appellant is provided with the content of the Veteran’s substantive appeal. The appellant should also be advised of the 30-day period for filing an answer to the Veteran’s substantive appeal as provided by 38 C.F.R. § 20.502. If the appellant responds, notice should be provided to the Veteran. Any other development implicated by the response should also be completed. M. SORISIO Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD K. Marenna, Counsel