Citation Nr: 20004255 Decision Date: 01/17/20 Archive Date: 01/17/20 DOCKET NO. 14-43 805 DATE: January 17, 2020 ORDER VA properly denied the claim for an increased rate of nonservice-connected pension benefits for the calendar year 2010; the claim for increase is denied. REMANDED Entitlement to special monthly pension based on the need for aid and attendance or at the housebound rate is remanded. FINDING OF FACT On January 30, 2012, VA received VA Form 21-8416, Medical Expense Report, for medical expenses incurred during calendar year 2010; this is outside the time limit to submit a claim for increased benefits for 2010. CONCLUSION OF LAW The denial of an increased rate of nonservice-connected pension benefits for calendar year 2010 was proper. 38 U.S.C. § 1521 (2012); 38 C.F.R. §§ 3.23, 3.271, 3.272 3.660 (2018). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from February 1963 to February 1965. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from decisions of the Department of the Veterans Affairs (VA) Regional Office (RO). Entitlement to an increased rate of nonservice-connected pension benefits for the calendar year 2010 Pursuant to 38 U.S.C. § 1521 (a), nonservice-connected disability pension is a benefit payable to a veteran of a period of war who is permanently and totally disabled from nonservice-connected disability not the result of his own willful misconduct. Entitlement exists if, among other things, the veteran’s income is not in excess of the applicable maximum allowable pension rate, and specified at 38 C.F.R. § 3.23, as changed periodically, and reported in the Federal Register. See 38 U.S.C. § 1521. The maximum rate for a veteran’s pension is reduced dollar for dollar by the amount of the countable annual income of a veteran, his spouse, and any dependent. 38 U.S.C. § 1521; 38 C.F.R. § 3.23 (d). In determining annual income, all payments of any kind or from any source (including salary, retirement or annuity payments, or similar income which has been waived) are to be included except for listed exclusions. 38 U.S.C. § 1503 (a); 38 C.F.R. §§ 3.271, 3.272. Income from the Social Security is not specifically excluded, and is, therefore, included as countable income. Medical expenses in excess of five percent of the maximum annual pension rate (MAPR), which have been paid by the appellant, may be excluded from an individual’s income for the same 12-month annualization period to the extent they were paid. 38 C.F.R. § 3.272 (g)(1)(iii). The Veteran is seeking an increased rate of nonservice-connected pension benefits for calendar year 2010. The evidence shows the Veteran submitted VA Form 21-8416, Medical Expense Report, for medical expenses incurred during calendar year 2010 on January 30, 2012. The time limit to submit a claim for increased benefits for 2010 was December 31, 2011. The Veteran is advised where payments were made at a lower rate because of anticipated income, pension may be increased in accordance with the facts found but not earlier than the beginning of the appropriate 12-month annualization period if satisfactory evidence is received within the same or next calendar year. 38 C.F.R. § 3.660 (b)(1) (emphasis added). As the Veteran wanted an increase for the 2010 calendar year, he had to submit evidence showing an increase was warranted (in his case more medical expenses) in the same calendar year, so by December 31, 2010, or at the latest by the end of the next calendar year, so by December 31, 2011. Since his claim was received after December 31, 2011, a claim for increase for 2010 cannot be considered. This does not prevent the Veteran from filing a claim for increase currently or in the future as long as he bears in mind the filing deadlines. Thus, the Board concludes that the denial of an increased rate of nonservice-connected pension benefits for calendar year 2010 was proper. The preponderance of the evidence is against the Veteran’s claim. Consequently, the benefit-of-the-doubt rule does not apply, and the issue on appeal must be denied. 38 U.S.C. § 5107(b); Gilbert v. Derwinski, 1 Vet. App. 49, 55 (1990). REASONS FOR REMAND Regarding the claim of entitlement to special monthly pension based on the need for aid and attendance or at the housebound rate, the Veteran submitted a timely notice of disagreement in October 2014 with a February 2014 rating decision, but a statement of the case has not yet been issued. A remand is required for the AOJ to issue a statement of the case. 38 C.F.R. § 20.200; Manlincon v. West, 12 Vet. App. 238, 240-41 (1999). The matter is REMANDED for the following action: Send the Veteran a statement of the case that addresses the issue of special monthly pension based on the need for aid and attendance or at the housebound rate. If the Veteran perfects an appeal by submitting a timely VA Form 9, the issue should be returned to the Board for further appellate consideration. E. I. VELEZ Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board K. L. Wallin, Counsel The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.