Citation Nr: 18137412
Decision Date: 09/21/18	Archive Date: 09/21/18

DOCKET NO. 15-38 297
DATE:	September 21, 2018
REMANDED
Entitlement to recognition as the Veteran’s surviving spouse for purposes of establishing eligibility for dependency and indemnity compensation (DIC) benefits is remanded.
REASONS FOR REMAND
1. Entitlement to recognition as the Veteran's spouse is remanded.
In this case, as more than one claimant is seeking to be recognized as the Veteran’s surviving spouse, the claim is contested. See 38 U.S.C. § 7105A, 38 C.F.R. § 20.3(p); see also Mason v. Shinseki, 26 Vet. App. 1, 7 (2012) (finding a claim for attorney fees gave “rise” to a simultaneously contested claim even though it had not been granted) aff’d, 743 F.3d 1370 (Fed. Cir. 2014).
Certain procedures must be followed in contested claims. Specifically, the Agency of Original Jurisdiction (AOJ) must notify all interested parties of all actions taken by the AOJ and of the right and time limit for initiation of an appeal, and of the right to a hearing and representative. 38 C.F.R. § 19.100. Upon the filing of a notice of disagreement in a simultaneously contested claim, all interested parties and their representatives will be furnished a copy of the Statement of the Case. Id. at § 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. Id. at § 19.102. 
The AOJ initially recognized G.N.’s claim as a simultaneously contested claim, but did not follow the simultaneously contested claim procedures in the processing of the claim and appeal. July 2015 letters that are accessible in Legacy Content Manager notified G.N. and P.N. that they were both seeking to be recognized as the Veteran’s spouse. However, there is no indication that the AOJ notified both claimants about the simultaneously contested claim procedures, including the right and time limit for initiation of an appeal; provided copies of the August 2015 and August 2016 Statements of the Case to both parties; or furnished the content of G.N.’s October 2015 substantive appeal to P.N. 
The matter is REMANDED for the following action:
Take all appropriate action in accordance with the simultaneously contested claim procedures, including notifying both G.N. and P.N. of the simultaneously contested claim procedures, including the right and time limit for initiation of an appeal; provide copies of the August 2015 and August 2016 Statements of the Case to 



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both parties; and furnish the content of G.N.’s October 2015 substantive appeal to P.N.
 
S. L. Kennedy
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Sarah B. Richmond