Citation Nr: 21066946 Decision Date: 11/02/21 Archive Date: 11/02/21 DOCKET NO. 19-30 055 DATE: November 2, 2021 REMANDED The Veteran's appeal of the propriety of the apportionment of his VA disability compensation benefits is remanded. REASONS FOR REMAND The Veteran served on active duty from August 1990 to December 1991. The appellee is the Veteran's former spouse. This appeal comes before the Board of Veterans' Appeals (Board) from a November 2018 apportionment decision issued by the Department of Veterans Affairs (VA) Regional Office (RO), which awarded an apportionment of the Veteran's monthly VA benefits to his former spouse. A Notice of Disagreement (NOD) was received in December 2018; a Statement of the Case (SOC) was issued in July 2019; and a VA Form 9 was submitted in October 2019. The Veteran testified in this matter before the undersigned Veterans Law Judge in January 2021. For the reasons discussed below, the Board finds that VA has not fulfilled its obligations under the procedures relating to contested claims and, thus, this claim must be remanded. A claim for an apportionment is a "contested claim" and is subject to special procedural regulations. 38 C.F.R. §§ 19.100, 19.101, 19.102; see also 38 C.F.R. §§ 20.500-20.504; 20.713. Under applicable criteria, all interested parties will be specifically notified of the action taken by the agency of original jurisdiction in a simultaneously contested claim and of the right and time limit for initiating an appeal, as well as hearing and representation rights. 38 C.F.R. § 19.100. Upon the filing of a NOD in a simultaneously contested claim, all interested parties will be furnished with an SOC. 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 that 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. If a hearing is scheduled for any party to a simultaneously contested claim, the other contesting claimants and their representatives, if any, will be notified and afforded an opportunity to be present. The appellant will be allowed to present opening testimony and argument. Thereafter, any other contesting party who wishes to do so may present testimony and argument. The appellant will then be allowed an opportunity to present testimony and argument in rebuttal. Cross-examination is not permitted. 38 C.F.R. § 20.713. A close review of the claims file reveals that VA has not fulfilled its obligations under the procedures relating to contested claims. Specifically, the Veteran's former spouse has not been provided the contents of the Veteran's October 2019 substantive appeal or the March 2020 Board certification letter. Additionally, while the claims file indicates that she was provided notice of the Veteran's January 2021 Board hearing, she should be provided a copy of the January 2021 Board hearing transcript while on remand. To ensure compliance with all specialized contested claim procedures, these deficiencies must be corrected on remand. The matters are 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 former spouse. Furnish the former spouse with the contents of the October 2019 substantive appeal, the March 2020 Board certification letter, and a copy of the transcript of the January 2021 hearing before the undersigned. 2. Readjudicate the appeal. MICHELLE L. KANE Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Gastoukian, Kelly 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.