Citation Nr: 20009832
Decision Date: 02/06/20	Archive Date: 02/05/20

DOCKET NO. 19-09 785
DATE: February 6, 2020

REMANDED

Entitlement to nonservice-connected pension prior to May 1, 2018 is remanded.

REASONS FOR REMAND

Entitlement to nonservice-connected pension prior to May 1, 2018, is remanded.

Basic entitlement to pension exists if, among other things, the claimant’s income is not in excess of the maximum annual pension rate (MAPR) specified in 38 C.F.R. § 3.23. 38 U.S.C. § 1521; 38 C.F.R. § 3.3(a)(3). 

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) shall be included during the 12-month annualization period in which received, except for listed exclusions. 38 U.S.C. § 1503(a); 38 C.F.R. § 3.271(a).  Income from the Social Security Administration (SSA) is not specifically excluded under 38 C.F.R. § 3.272. Such income is therefore included as countable income. 

For purposes of calculating pension benefits, total income may be reduced by amounts equal to amounts paid by a claimant for unreimbursed medical expenses that were “in excess of 5 percent of the applicable maximum annual pension rate or rates... as in effect during the 12-month annualization period in which the medical expenses were paid.” 38 C.F.R. § 3.272 (g)(1)(iii).

A September 2015 rating decision granted entitlement to special monthly pension based on the need for aid and attendance effective May 18, 2015. The award of benefits was granted based on the submission of a May 18, 2015 examination for housebound status or permanent need for regular aid and attendance. A September 2015 notice of decision shows that the Veteran was awarded VA service-connected compensation benefits over nonservice-connected pension; however, there is no indication that income or medical expense information was requested at the time of the September 2015 decision to assess whether the award of pension was appropriate. In September 2018, the RO granted benefits at the higher improved pension rate with aid and attendance effective June 1, 2018. The Veteran submitted a timely appeal to the effective date assigned in the September 2018 decision and contends that nonservice-connected pension should have been awarded from May 18, 2015. 

The Board finds that additional income and medical expense information is necessary to assess whether payment of nonservice-connected pension benefits is warranted prior to May 1, 2018. In October 2019 correspondence, the RO requested, in pertinent part, that the Veteran provide Eligibility Verification Reports for the calendar years 2015, 2016, 2017, and 2018; a medical expense report for 2017; and clarification on whether the Veteran received caregiver services in 2015, to include the date the caregiver began providing services, and the amount they were paid. In order to afford the Veteran every benefit of the doubt, the Board finds that the Veteran should be afforded an additional opportunity to submit the requested income and medical expense information necessary to decide the claim.  

The matters are REMANDED for the following action:

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Request that the appellant Veteran submit Improved Pension Eligibility Verification Reports the calendar years 2015, 2016, 2017, and 2018, a Medical Expense Report for 2017, and clarification on whether the Veteran received caregiver services in 2015, to include the date the caregiver began providing services, and the amount they were paid. All necessary forms should be furnished to the Veteran.

 

 

K. Parakkal

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Christine C. Kung

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.