Citation Nr: 18143175
Decision Date: 10/18/18	Archive Date: 10/18/18

DOCKET NO. 17-20 270
DATE:	October 18, 2018
REMANDED
Entitlement to death pension is remanded.
Entitlement to SMP.
REASONS FOR REMAND
The Veteran served on active duty from December 1954 to November 1957.  He died in February 2000.  The appellant is the claimed surviving spouse of the Veteran.   
This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a September 2016 decision of the Department of Veterans Affairs (VA) Regional Office (RO).
In October 2018, the appellant’s son and daughter testified at a videoconference hearing held at the RO before the undersigned Veterans Law Judge (VLJ).  A transcript of the hearing is associated with the record.
Entitlement to death pension/SMP is remanded.
During the above-referenced October 2018 Board hearing, the appellant’s agent testified that the appellant’s medical expenses have recently increased significantly, thus lowering her countable income and entitling her to death pension benefits.  Based on this testimony, the Board finds that remand is warranted in order for the agency of original jurisdiction (AOJ) to contact the appellant in order to obtain a report of her current expenses.
Additionally, during the October 2018 Board hearing, the appellant’s agent indicated that the appellant may be eligible for entitlement to special monthly pension (SMP).  As this claim has not been adjudicated by the AOJ, it is referred to the AOJ for appropriate action.  The Board notes that this claim should be adjudicated prior to adjudication of the appellant’s death pension claim.
The matter is REMANDED for the following action:
1. Adjudicate the appellant’s claim of entitlement to SMP.  If the claim is denied, the appellant and her agent should be notified that a timely notice of disagreement must be filed in order to initiate the appeal of this issue.
2. Request that the appellant provide a report of her current expenses, to include all medical expenses.  A copy of the report should be associated with the claims folder.  
3. Thereafter, the AOJ should recalculate the appellant’s income.
 

4. When the development requested has been completed, the case should be reviewed on the basis of additional evidence.  If the benefit sought is not granted, the appellant and her agent should be furnished a supplemental statement of the case (SSOC).

 
H. N. SCHWARTZ
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Arif Syed, Counsel