Citation Nr: 19127331
Decision Date: 04/09/19	Archive Date: 04/09/19

DOCKET NO. 17-50 121A
DATE:	April 9, 2019

REMANDED

The propriety of the termination of entitlement to death pension benefits, effective November 1, 2010 through October 31, 2016, is remanded.

REASONS FOR REMAND

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a September 2016 decision of the Department of Veterans Affairs (VA) Pension Management Center in Philadelphia, Pennsylvania, that retroactively terminated the Appellant’s entitlement to death pension benefits effective November 1, 2010.  The Board notes an April 2018 decision reinstated the Appellant’s entitlement to death pension benefits effective November 1, 2016.  Thus, the issue on appeal is the propriety of the termination of entitlement to death pension benefits from November 1, 2010 through October 31, 2016.

The Board acknowledges the Appellant has been granted a debt waiver for the death pension benefits previously paid from November 1, 2010 through September 30, 2016.  Nevertheless, the Board must address the merits of her appeal of the propriety of the termination.  Further, it appears the Appellant did not receive death pension benefits in October 2016, so there remains a potential benefit outstanding if she prevails in her appeal.

The Board notes the Appellant submitted a detailed report of her medical expenses in October 2017.  This evidence was received after the issuance of the September 2017 statement of the case for this appeal, but prior to certification of the appeal to the Board in April 2018.  As a result, this appeal must be remanded to the Agency of Original Jurisdiction (AOJ) for the issuance of a supplemental statement of the case.  See 38 C.F.R. § 19.37(a).

The matter is REMANDED for the following action:

Reconsider the issue on appeal based on all the evidence of record.  If any benefit sought on appeal remains denied, issue a supplemental statement of the case and return the matter to the Board.



 

M. HYLAND

Veterans Law Judge

Board of Veterans’ Appeals

ATTORNEY FOR THE BOARD	L. S. Kyle, Counsel