Citation Nr: 18100745
Decision Date: 04/20/18	Archive Date: 04/20/18

DOCKET NO. 14-32 234A
DATE:	April 20, 2018
ISSUES DECIDED:	0	ISSUES REMANDED:	1
 
REMANDED ISSUE
Entitlement to death pension benefits is remanded for additional development.
The Veteran served on active duty from November 1941 to January 1945.  He died in August 2005.  The appellant is the Veteran’s widow.  
This case comes to the Board of Veterans’ Appeals (Board) on appeal of a November 2013 decision of the Department of Veterans Affairs (VA) Regional Office (RO), which found that the appellant was not eligible for death pension with aid and attendance benefits as a result of excess income.  
At the time of the denial of death pension benefit eligibility, the RO advised the appellant that her income could be offset by medical expenses, including expenses paid to her son who, it was reported by an examiner physician in an August 2012 Aid and Attendance evaluation report, took care of her personal needs along with a home health aide.  The appellant was instructed to submit, or have her son submit, a detailed medical expense accounting to ascertain whether there were sufficient medical expenses to offset her income from the Social Security Administration (SSA) as well as a small pension benefit.  It is not clear that she understood the instructions regarding these requests.  The Board notes that the August 2012 examination report includes a diagnosis of dementia.  

 
The matter is REMANDED for the following actions:
1.  The AOJ should arrange for the appellant to undergo an examination for eligibility for aid and attendance benefits to ascertain the current nature and extent of her disabilities.  The claims folder should be made available for review in connection with this examination.  The examiner should provide complete rationale for all conclusions reached.  The appellant is advised to appear and participate in any scheduled VA examination, as failure to do so may result in denial of the claim.  See 38 C.F.R. § 3.655 (2017).
2.  The AOJ should provide the appellant with forms for reporting unreimbursed medical expenses as well as income verification.  She should be advised that she should be certain to include all expense paid to her son and other home health aides for necessary care to enable her to accomplish activities of daily living.  The appellant is advised that failure to complete these forms may result in a denial of the claim. 
 
3.  Thereafter, the AOJ should readjudicate the issue on appeal.  If the determination remains unfavorable to the appellant, she and her representative should be provided with a supplemental statement of the case (SSOC) that addresses all relevant actions taken on the claim for benefits, to include a summary of the evidence and applicable law and regulations considered.  The appellant should be given an opportunity to respond to the SSOC prior to returning the case to the Board for further review.
 
 
A. ISHIZAWAR
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Joseph P. Gervasio, Counsel