Citation Nr: 20021057
Decision Date: 03/24/20	Archive Date: 03/24/20

DOCKET NO. 13-19 869
DATE: March 24, 2020

REMANDED

The issue of whether termination of death pension benefits on November 1, 2008, due to an increase in countable income, was proper, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from August 1942 to May 1944.  He died in July 1989.  The appellant is his surviving spouse.

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a September 2010 decision by the Department of Veterans Affairs (VA).  In December 2018, the appellant testified at a Board videoconference hearing before the undersigned Veterans Law Judge (VLJ).  A transcript of the hearing is of record.

In April 2019, the Board remanded this matter for additional development. Unfortunately, following a review of the record, the Board finds that additional remand is necessary.

Pursuant to the Board’s prior remand, the appellant submitted some evidence of medical expenses paid during various periods from November 1, 2008, but did not include proof of payment.  She also indicated that she paid Medicare A and B premiums and travel expenses, but did not include specific amounts.  An October 2019 SSA inquiry shows that the appellant has a special monthly income premium amount of $135.50, but does not indicate (1) who paid that premium; (2) whether that amount included or represented premiums for Medicare A or B, or both; or, (3) whether that amount has been consistent since November 1, 2008.  As any amounts paid by the appellant for Medicare premiums can serve to further reduce her countable income, remand is necessary to determine the specific dates and amounts of Medicare premiums paid by the appellant since November 1, 2008.  

Considering the foregoing, the matter must be remanded to ensure that the appellant’s income is correctly calculated, and the amounts of unreimbursed medical expenses she paid must be investigated further, for each year of the appeal period.  On remand, the appellant should submit verification of payment of the unreimbursed medical expenses reported on her August 2019 Medical Expense Report.

The matter is REMANDED for the following action:

1.  Obtain updated information regarding SSA benefits and Medicare costs for the appellant from November 1, 2008, to the present.

2. Send the appellant a letter asking that she identify any additional unreimbursed medical expenses that were paid that may offset the amount of her countable income for pension calculation purposes from 2008 to the present. 

Specifically, she must be notified that this includes providing information and receipts of payment for: insurance premiums, deductibles, and/or copayments for treatment; medical bills/copayments for private providers; medication costs; and any hospitalization costs.

3.  Thereafter, the RO should review the expanded record and determine whether the benefits sought may be granted.  The readjudication must clearly detail and explain how all monthly income and medical expenses, as well as annualized income and medical expenses, were calculated for each year of the appeal beginning in 2008. 

 

 

S. C. Krembs

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	A. Fagan

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.