Citation Nr: A21017105
Decision Date: 10/21/21	Archive Date: 10/21/21

DOCKET NO. 190408-20452
DATE: October 21, 2021

REMANDED

Entitlement to recognition of the appellant as the Veteran's surviving spouse for Department of Veterans Affairs (VA) purposes.

REASONS FOR REMAND

The Veteran served on active duty from October 1967 to June 1969.  He died in January 2016.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a March 2019 decision of a VA Regional Office (RO).

The appellant testified at a June 2021 Board Virtual hearing before the undersigned Veterans Law Judge (VLJ).  A copy of the hearing transcript is associated with the claims file.

The appellant is seeking recognition as the Veteran's surviving spouse for the purpose of receiving pension benefits.  In a February 2016 decision letter, VA recognized S.D. as his surviving spouse.  In a June 2021 decision, during the pendency of this appeal, the RO terminated recognition of S.D. as the Veteran's surviving spouse.  As both the appellant and S.D. have claims for recognition as the Veteran's surviving spouse and resulting benefits, this matter is a "contested claim" requiring compliance with additional regulations. See 38 C.F.R. §§ 20.400-20.407, 20.500-20.505, 20.711.

The matter is REMANDED for the following action:

1. Review the claims file and ensure that all contested claim procedures have been followed to include all necessary notice to the Veteran's previously-recognized surviving spouse, S.D.  

Specifically, furnish S.D. with the contents of the March 2019 RO decision letter, the April 2019 VA Form 10182 - Notice of Disagreement (NOD), the August 2019 Board docketing letter, the June 2021 Board hearing transcript, and, if not previously provided, a copy of this decision.  

2. Each party must be informed that they have 60 days to file an NOD with the Board if they wish to appeal, of their right to a hearing, and their right to representation.

The parties must be expressly informed that this appeal will not return to the Board unless a new NOD is filed to the readjudicated decision.  

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JONATHAN B. KRAMER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Thomas, Counsel

The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.