Citation Nr: 22017737
Decision Date: 03/26/22	Archive Date: 03/26/22

DOCKET NO. 18-18 464
DATE: March 26, 2022

REMANDED

Entitlement to an apportionment of the Veteran's VA compensation benefits is remanded.

REASONS FOR REMAND

The Veteran served on active duty from August 1946 to April 1949. The appellant is the Veteran's estranged spouse.

This matter comes before the Board of Veterans' Affairs (Board) on appeal from a January 2019 decision by a department of Veterans Affairs (VA) Regional Office (RO).

The appellant had requested a videoconference hearing before a Veterans Law Judge of the Board as part of this appeal. Such a hearing was scheduled for September 2021, but the appellant did not report for this hearing and no good cause has been shown for why she did not report. Therefore, this hearing request is deemed withdrawn.

1. Entitlement to an apportionment of the Veteran's VA compensation benefits is remanded.

This case involves a simultaneously contested claim; therefore, the provisions of 38 U.S.C. § 7105A are applicable. Cases involving simultaneously contested claims are also subject to special procedural regulations. See 38 C.F.R. §§ 19.100, 19.101, 19.102, 20.500, 20.501, 20.502, 20.503, 20.504.

Specifically, 38 C.F.R. § 19.100 provides that, in a simultaneously contested claim, all interested parties are to be notified of the action taken by the AOJ and of the right and time limit for initiating an appeal, as well as notification of the right to a hearing and representation.

Upon the filing of a notice of disagreement, all interested parties will be furnished a copy of the statement of the case (SOC). 38 C.F.R. § 19.101.

When a substantive appeal is filed, the content 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.

In this case, there has not been full compliance with these procedures. Specifically, the record does not reflect that the Veteran was provided the content of the appellant's March 2018 substantive appeal. Accordingly, a remand is necessary to provide the Veteran a copy of the March 2018 substantive appeal in compliance with the contested claims procedures.

The matters are REMANDED for the following action:

1. Ensure full compliance with the contested claims procedures outlined in 38 C.F.R. §§ 19.100-02, 20.500-04. Specifically, ensure that the Veteran is provided with the content of the appellant's March 2018 substantive appeal.

2.  Readjudicate the claim on appeal.

 

 

MARJORIE A. AUER

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.