Citation Nr: 18155787 Decision Date: 12/06/18 Archive Date: 12/06/18 DOCKET NO. 10-40 208 DATE: December 6, 2018 ORDER Entitlement to nonservice-connected pension is denied. FINDING OF FACT The Veteran failed to comply with the VA’s request for income information. CONCLUSION OF LAW The criteria for nonservice-connected pension have not been met. 38 U.S.C. §§1503, 1521 (2014); 38 C.F.R. §§ 3.23, 3.271, 3.272 (2017). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active military service from March 1975 to May 1975. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an April 2010 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) located in Houston, Texas. The Veteran testified before the undersigned Veterans Law Judge at a Board video-conference hearing in March 2016. A transcript of the hearing has been associated with the claims file. This matter was before the Board in May 2016 at which time it was remanded for additional development. A review of the record shows that the RO has complied with the remand instructions. Stegall v. West, 11 Vet. App. 268 (1998). Entitlement to nonservice-connected pension Nonservice-connected disability pension benefits is warranted if: (1) the Veteran served in the active military, naval or air service for 90 days or more during a period of war; (2) the Veteran is permanently and totally disabled from non-service-connected disability not due to his or her own willful misconduct; and (3) the Veteran meets the income and net worth requirements found in 38 C.F.R. §§ 3.23 and 3.274. 38 U.S.C. §§ 1502, 1521(j) (2014). A veteran meets the service requirements if he served in the active military, naval, or air service, (1) for ninety days or more during a period of war; (2) during a period of war and was discharged or released from such service for a service-connected disability; (3) for a period of ninety consecutive days or more and such period began or ended during a period of war; or (4) for an aggregate of ninety days or more in two or more separate periods of service during more than one period of war. See 38 U.S.C. § 1521. Basic entitlement to such pension exists if, among other things, the Veteran’s income is not in excess of the maximum annual pension rate (MAPR) specified in 38 C.F.R. § 3.23. In determining annual income for pension purposes, all payments of any kind or from any source (including salary, retirement or annuity payments, or similar income, which has been waived) are generally counted as income during the 12-month annualization period in which received. 38 U.S.C. § 1503; 38 C.F.R. §§ 3.271, 3.272.   Analysis The Veteran’s Form DD-214 reflects that he had honorable military service from March 1975 to May 1975. At the time of the May 2016 Board remand, the Veteran was not service connected for any disabilities; however, the pension claim was inextricably intertwined with service connection claims being remanded. Subsequent to that remand, service connection was granted and initial ratings assigned for left and right knee disabilities. See August 2017 and June 2018 rating decisions. Service-connected compensation for the left knee was effective from February 23, 2010, the date of claim. The nonservice-connected disability pension program is an income-based benefit. Applicable law generally provides that not more than one award of pension or compensation will be made concurrently to any person based on his service. 38 U.S.C. § 5304; 38 C.F.R. § 3.700. Despite the grant of service connection and award of compensation benefits, the Veteran could still be entitled to non-service connected pension benefits for a period if he were found to be permanently and totally disabled from non-service-connected disability not due to his or her own willful misconduct and the pension benefit was the higher benefit. After a review of the evidence, the Board finds that nonservice-connected pension is not warranted for any period on appeal. The evidence shows that the Veteran meets the service requirements for nonservice-connected pension as he served during a period of war and was released from service for a service-connected disability. However, the evidence does not show that the Veteran meets the income and net worth requirements for an award of nonservice-connected pension. In correspondence dated in July 2018, the RO requested that the Veteran provide income information to support his claim from February 2010 to the present. To date, he has not supplied the requested information. The evidence available to the Board does not show that the Veteran’s income is below the MAPR or that his net worth is not excessive such that he is eligible to receive non-service connected pension benefits. As the Veteran has not provided the information necessary to substantiate his claim, there is no basis upon which the claim for nonservice-connected pension can be awarded. Absent any information as to income, the Board need not address whether the Veteran is permanently and totally disabled from non-service-connected disability. Accordingly, the Board finds that the preponderance of the evidence is against the claim of entitlement to nonservice-connected pension, and the claim must be denied. Gilbert v. Derwinski,1 Vet. App. 49 (1990); 38 U.S.C. § 5107 (2014); 38 C.F.R. § 3.102 (2017). M.E. Larkin Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD C. Jones, Counsel