Citation Nr: 20005472 Decision Date: 01/22/20 Archive Date: 01/22/20 DOCKET NO. 19-28 435 DATE: January 22, 2020 ORDER Entitlement to additional nonservice-connected disability pension benefits with special monthly pension payable at the aid and attendance rate is dismissed. FINDING OF FACT The Veteran is in receipt of the maximum allowable benefit for a Veteran with no dependents receiving nonservice-connected disability pension with special monthly pension payable at the aid and attendance rate. CONCLUSION OF LAW The Board lacks jurisdiction over the claim of entitlement to additional nonservice-connected disability pension benefits with special monthly pension payable at the aid and attendance rate, because no additional monies are payable under the statute since the Veteran is already receiving the maximum allowable benefit and the claim for increase is rendered moot. 38 U.S.C. §§ 7104, 7105 (2012); 38 C.F.R. §§ 19.7, 20.101 (2018). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from July 1965 to April 1967. The Board is aware the Veteran requested a hearing before the Board. However, pursuant to 38 C.F.R. § 20.700 (b), the purpose of a hearing is to receive argument and testimony relevant and material to the appellate issue. As there is no claim in controversy, there is no prejudice to the Veteran in not scheduling a hearing. The Board member would not have been able to elicit hearing testimony regarding the facts of the claim and help develop these facts by further explaining the issue and suggesting the submission of evidence that could help substantiate the claim since it is being dismissed as moot. Bryant v. Shinseki, 23 Vet. App. 488 (2010). Pursuant to 38 U.S.C. § 1521 (a), pension is payable to a veteran of a period of war who is permanently and disabled from nonservice-connected disability not the result of his or her own willful misconduct. Basic entitlement exists if, among other things, such veteran’s income is not in excess of the applicable Maximum Annual Pension Rate specified in 38 C.F.R. § 3.23. See 38 U.S.C. §§ 1503, 1521; 38 C.F.R. §§ 3.3, 3.23. The rates of pension are published in tabular form in Appendix B of the Veterans Benefits Administration Manual M21-1 and are given the same force and effect as if published in the Code of Federal Regulations. The Maximum Annual Pension Rate is adjusted from year to year. 38 C.F.R. § 3.21. The Veteran’s monthly benefits are based upon his unreimbursed medical expenses, which reduces his reported income to zero. Thus, warranting the maximum allowable benefits for a Veteran with no dependents receiving nonservice-connected disability pension with special monthly pension payable at the aid and attendance rate. Essentially, the Veteran is claiming that his zero income should in effect be further reduced by calculating additional unreimbursed expenses. However, there is simply no statutory provision for increasing the amount of his pension. The Veteran’s pension rate is already predicated on the fact that he has no income. He is in receipt of the maximum rate of pension benefits. Thus, the fact that he may have additional unreimbursed medical expenses is not pertinent since he has no income that such expenses could offset. The unreimbursed medical expenses cannot be used to increase the Veteran’s pension beyond the maximum set by law. The Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed. 38 U.S.C. § 7105; 38 C.F.R. § 20.202. Here, because no additional monies are payable since the Veteran is in receipt of the maximum allowable benefit, there is no case or controversy with respect to this claim. Therefore, the Board lacks jurisdiction over this issue because it is rendered moot on appeal. 38 U.S.C. §§ 7104, 7105; 38 C.F.R. §§ 19.7, 20.101, 20.200, 20.202. Thus, dismissal of this claim is warranted. E. I. VELEZ Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Department of Veterans Affairs 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.