Citation Nr: 18158753 Decision Date: 12/17/18 Archive Date: 12/17/18 DOCKET NO. 15-06 473A DATE: December 17, 2018 REMANDED Entitlement to an award of additional compensation benefits for dependent parents is remanded. REASONS FOR REMAND The Veteran served on active duty from June 1976 to April 1980. This appeal comes before the Board of Veterans’ Appeals (Board) from an August 2013 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran appeared for a hearing before a Decision Review Officer in December 2015. A transcript is associated with the record. The Veteran was scheduled for a Board video-conference hearing in June 2017. However, he failed to appear. As the hearing notification letters were not returned as undeliverable and the Veteran has not requested a rescheduled hearing, the hearing request is considered withdrawn. See 38 C.F.R. § 20.704(d). 38 C.F.R. § 3.250 provides that conclusive dependency of a parent (other than one who is residing in a foreign country) will be held to exist where the monthly income does not exceed: (1) $400 for a mother or father not living together; (2) $660 for a mother and father, or remarried parent and spouse, living together; (3) $185 for each additional “member of the family” as defined in paragraph (b)(2). 38 C.F.R. § 3.250 (a)(1). Where the income exceeds the monthly amounts stated in 38 C.F.R. § 3.250 (a)(1), dependency will be determined on the facts in the individual case under the principles outlined in 38 C.F.R. § 3.250 (b). 38 C.F.R. § 3.250 (a)(2). In such cases, dependency will not be held to exist if it is reasonable that some part of the corpus of the claimant’s estate be consumed for his or her maintenance. Id. Dependency will be held to exist if the father or mother of the veteran does not have an income sufficient to provide reasonable maintenance for such father or mother and members of his or her family under legal age and for dependent adult members of the family if the dependency of such adult member results from mental or physical incapacity. 38 C.F.R. § 3.250 (b). The term “reasonable maintenance” includes not only housing, food, clothing, and medical care sufficient to sustain life, but such items beyond the bare necessities as well as other requirements reasonably necessary to provide those conveniences and comforts of living suitable to and consistent with the parents’ reasonable mode of life. 38 C.F.R. § 3.250 (b)(1). The fact that the veteran has made habitual contributions to the father or mother, or both, is not conclusive evidence that dependency existed but will be considered in connection with all other evidence. 38 C.F.R. § 3.250 (c). A Statement of Dependency of Parent was received in August 2013. The Veteran’s mother and father’s reported monthly income totaling $1,214.00 and expenses totaling $3,059.00. It was noted that the parents live with the Veteran. VA determined that the parents’ income exceeded the monthly amounts and thus had sufficient income and/or net worth to provide reasonable maintenance for themselves and for members of the family. Further, it was noted that the corpus of estate and reasonable maintenance for parental factual dependency determinations are not significant to this case as the parents are occupants of the Veteran’s estate and the dependency of the Veteran’s parents is not a result from mental or physical incapacity. In the February 2014 notice of disagreement, the Veteran indicated that he had been providing housing, food, utilities, and transportation for his parents. In the March 2015 substantive appeal, the Veteran indicated that the cost of doctor visits, medication, and hygiene items, prevent his parents from having money left over for other necessities, and that his parents help with utility bills and other necessities that come up. Here, based on the above, it is unclear how much the Veteran’s parents pay for medical care, medication costs, and hygiene costs, as reported. Thus, a remand is required in order to obtain more information from the Veteran regarding the amounts paid for such expenses, as well as the documentation to support these costs. The Board also notes the Veteran should submit financial records (income and expenses) related to the expenses that he has paid on behalf of his parents, as it is currently unclear how much he contributes to his parents’ expenses. The fact that the Veteran has made habitual contributions to his parents is not conclusive evidence that dependency exists but is considered in connection with all other evidence. 38 C.F.R. § 3.250 (c). The Veteran should itemize and provide supporting documentation (if possible) for his parents’ monthly expenses, as well as the amounts he contributes to their expenses. The matter is REMANDED for the following action: 1. Request clarification from the Veteran as to who paid his parents’ medical bills and cost for hygiene items. Inform the Veteran of the need for him to submit financial records (income and expenses) related to the expenses that he has paid on behalf of his parents. The fact that the Veteran has made habitual contributions to his parents is not conclusive evidence that dependency exists but is considered in connection with all other evidence. 38 C.F.R. § 3.250 (c). The Veteran should itemize and provide supporting documentation (if possible) for his parents’ monthly expenses, along with those expenses paid by the Veteran (separately), including medical bills, utilities, mortgage, food, clothing, transportation, personal care items, insurance (car and other), and any additional costs. The Veteran should also submit documentation related to his parents’ medical bills. The Veteran should be informed that he might submit copies (or originals) of bills, receipts, letters, or other documentation that might verify the expenses that he reports for himself and his parents. ERIC S. LEBOFF Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Sarah Campbell