Citation Nr: 18159443 Decision Date: 12/19/18 Archive Date: 12/19/18 DOCKET NO. 18-03 771 DATE: December 19, 2018 REMANDED Entitlement to nonservice-connected survivor pension benefits is remanded. REASONS FOR REMAND The Veteran had active service from May 1944 to June 1946 and from May 1950 to September 1952. He died in July 2007 and the appellant is his surviving spouse. Entitlement to nonservice-connected survivor pension benefits is remanded. The appellant is the surviving spouse of a Veteran who had qualifying wartime service; as such, she has basic eligibility for a rate of pension set by law, reduced by the amount of her countable income and subject to net worth requirements. 38 U.S.C. § 1541; 38 C.F.R. § 3.23. Pension shall be denied or discontinued when the corpus of the estate (net worth) of the surviving spouse is such that under all the circumstances, including consideration of the annual income, it is reasonable that some part of the corpus of such estate would be consumed for the surviving spouse’s maintenance. 38 C.F.R. § 3.274(a). The appellant wrote in March 2017 that in 2015 she owned wooded land that she rented out. The property was sold in August 2016. In an October 2017 letter from VA, the appellant was asked to report the fair market value of the rental property. To date, this information has not been provided. Furthermore, the appellant has not stated what her proceeds were from the sale of the land. In her December 2016 claim, the appellant’s net worth was listed as $1,025.00 in cash/non-interest accounts and $25,000.00 in interest-bearing accounts. In an October 2017 report, she wrote that she had $1,965.00 in interest-bearing accounts, and no money in cash/non-interest accounts. A statement of her income and expenses completed in October 2017 for the period from June 2016 to June 2017 indicates a negative income due to medical expenses. However, the proceeds from the sale of the land were not included. It cannot be ascertained from the record whether the $25,000.00 in interest-bearing accounts included the proceeds from the sale of the land. The claim must be remanded in order for the appellant to provide the fair market value of the land she sold in August 2016, the net proceeds from the sale, the profit (or loss) realized, and information regarding how the proceeds she received were used or dispersed. She should provide supporting documentation, including a copy of the sales contract. An unsigned June 2017 letter from the office manager of Muzyl Oil Corporation states that the appellant owns the mineral rights to a piece of property. The last royalty payment, in April 2016, was for $100.00. Should operations resume, the appellant would receive a monthly payment of $50.00. On remand, the appellant should also provide an estimation of the fair market value of the mineral rights she owns. The documents of record, including the December 2017 statement of the case, indicate that the claim was denied on May 20, 2017, and that the appellant was notified on May 22, 2017. The May 2017 decision and notification letter are not of record. On remand, they should be associated with the claims file. The matter is REMANDED for the following action: 1. Associate the May 2017 decision denying nonservice-connected survivor pension benefits, and the May 2017 notification letter, with the claims file. 2. Request that the appellant provide the fair market value of the land she sold in August 2016, the net proceeds from the sale, the profit (or loss) realized, and information regarding how the proceeds were used or dispersed. She should provide supporting documentation, including a copy of the sales contract. The appellant should also provide an estimation of the fair market value of the mineral rights she owns, and the information on which such estimate is based. Finally, the appellant should be notified that her claim may be denied if she does not provide this information. Michael J. Skaltsounis Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Scott Shoreman, Counsel