Citation Nr: 20007617
Decision Date: 01/30/20	Archive Date: 01/29/20

DOCKET NO. 16-39 047
DATE: January 30, 2020

REMANDED

Entitlement to nonservice-connected pension benefits is remanded.

REASONS FOR REMAND

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a March 2015 decision of the Department of Veterans Affairs (VA) Pension Management Center in St. Paul, Minnesota.  It was previously before the Board in December 2015 when it was remanded for the issuance of a statement of the case (SOC) pursuant to the holding in Manlincon v. West, 12 Vet. App. 238 (1999).  In June 2016, the Agency of Original Jurisdiction (AOJ) issued a SOC, as directed.  In July 2016, the Veteran submitted new evidence that appears to show he pays Medicare premiums out of his monthly Social Security Administration (SSA) payments.  It does not appear the AOJ considered the payment of Medicare premiums in its pension decision.  Since this evidence was received prior to the submission of the Veteran’s August 2016 substantive appeal (VA Form 9) and subsequent transfer of the appeal to the Board in September 2016, it must be returned to the AOJ for the issuance of a supplemental statement of the case (SSOC) in accordance with VA regulation.  See 38 C.F.R. § 19.31(b)(1).

The Board also notes the Veteran appeared at a hearing before the undersigned in November 2019.  A transcript of the hearing is of record.  During the hearing, the Veteran’s representative requested the record be held open for 30 days so he could submit update pension forms for the Veteran.  As of the date of this remand, VA has not received any additional evidence from the Veteran.  Although a remand is required to ensure the Veteran is afforded due process regarding the evidence submitted prior to transfer of this appeal to the Board, it will also provide him the opportunity to submit additional evidence if he so chooses.

The matter is REMANDED for the following action:

Readjudicate the issue on appeal based on all the available evidence.  If the benefit sought on appeal remains denied, issue a SSOC.  Then, return the case to the Board, if otherwise in order.

 

 

M. HYLAND

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	L. S. Kyle, 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 This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.