Citation Nr: 21028305
Decision Date: 05/10/21	Archive Date: 05/10/21

DOCKET NO. 10-42 994
DATE: May 10, 2021

REMANDED

The issue of whether the Appellant may be recognized as the surviving spouse of the Veteran for Department of Veterans Affairs (VA) purposes is remanded.  

REASONS FOR REMAND

The Veteran had active service from November 1949 to May 1956.  He was awarded the Combat Infantryman Badge.  The Veteran died in October 2008.  The Appellant appeared at an April 2018 hearing before the undersigned Veterans Law Judge at the Manila, the Republic of the Philippines, Regional Office.  The hearing transcript is of record.  

The issue of whether the Appellant may be recognized as the surviving spouse of the Veteran for VA purposes is remanded.  

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 payment of a lesser benefit to another claimant.  38 C.F.R. § 20.3(l).  The recognition of an individual as the Veteran's surviving spouse constitutes a simultaneously contested claim when more than one individual seeks that status.  Special procedural regulations are applicable to simultaneously contested claims.  The Agency of Original Jurisdiction has not complied with the procedures related to simultaneously contested claims to provide notice to both claimants involved.  

Accordingly, the case is REMANDED for the following action:

The Agency of Original Jurisdiction should review the record and ensure that all contested claims procedures set forth in 38 C.F.R. §§ 19.100 19.102 have been accomplished.  

 

 

Harvey P. Roberts

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. T. Hutcheson, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.