Citation Nr: 18159646
Decision Date: 12/19/18	Archive Date: 12/19/18

DOCKET NO. 14-29 407
DATE:	December 19, 2018
REMANDED
Entitlement to nonservice-connected pension is remanded.
REASONS FOR REMAND
The Veteran served on active duty from June 1963 to June 1967.
This matter initially came before the Board of Veterans’ Appeals (Board) on appeal of an August 2011 decision of the Department of Veterans Affairs (VA) Pension Management Center in August 2011.
In October 2017, the Veteran testified during a Board videoconference hearing before the undersigned Veterans Law Judge.  A transcript of the hearing is of record.
In April 2018, the Board remanded the matter to the Agency of Original Jurisdiction (AOJ) for additional development—namely, to allow the Veteran to submit updated information on his net worth, income, medical expense, and other factors that could affect his eligibility for entitlement to pension benefits.  The matter has since returned to the Board for the purpose of appellate disposition.


1. Entitlement to nonservice-connected pension is remanded.
Although the Board regrets the additional delay, upon review of the claims file, the Board believes that additional development on the claim on appeal is warranted
In the April 2018 remand, the Board instructed that the Agency of Original Jurisdiction (AOJ) request that the Veteran provide updated information on his net worth, income, medical expenses, and any other factors affecting his entitlement to pension benefits, to include outstanding reoccurring medical expenses, and then readjudicate the claim.  
The Veteran submitted the requested information in August 2018; however, it is apparent that AOJ did not consider these reports in the September 2018 Supplemental Statement of the Case, as the AOJ noted that that the Veteran did not respond to the request for information and asked the Veteran to submit updated income and medical expense information in support of his claim for nonservice-connected pension.
Moreover, the Board notes that the AOJ has not obtained Social Security data match information since the Veteran filed his claim in 2011.  The Board observes that Social Security cost of living adjustments are published online, which could allow the Board to determine the Veteran’s and his spouse’s Social Security income for the period on appeal.  See https://www.ssa.gov/news/cola/.  However, the Veteran submitted an Improved Pension Eligibility Verification Report dated in 2018 indicating that his spouse’s monthly Social Security payments had decreased since 2011—he reported that her monthly payments were $765, while 2011 Social Security match records showed monthly payments of $800.80.  Given the foregoing, the Board believes that remand is warranted for the AOJ to verify the Veteran’s Social Security payment information for the period on appeal.
The matter is REMANDED for the following action:
1. The AOJ is asked to obtain the Social Security payment amounts relevant to the period on appeal.
2. After completing any additional notification or development deemed necessary, the AOJ should readjudicate the Veteran's claim, with particular consideration on the income and medical expense information submitted in August 2018.  If the benefit sought on appeal is not granted, the Veteran and his representative should be provided a Supplemental Statement of the Case and afforded the requisite opportunity to respond before the case is returned to the Board.


 
U. R. POWELL
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	G. E. Wilkerson, Counsel