“Whether the Merit Systems Protection Board incorrectly determined that appellant was not entitled to a former spouse survivor annuity based on the Federal civil service of her deceased former husband.”
“[W]e determine that Ms. Cross is entitled to receive the former spouse survivor annuity because the Board’s finding that the mandated notice was provided to Mr. Cross is unsupported by substantial evidence and because it is undisputed that Mr. Cross intended to provide Ms. Cross with a former spouse annuity following his death. Therefore, we reverse.”
