Citation Nr: 20026096 Decision Date: 04/15/20 Archive Date: 04/15/20 DOCKET NO. 17-07 550 DATE: April 15, 2020 ORDER Entitlement to special monthly pension (SMP) based on the need of regular aid and attendance or by reason of being housebound is denied. FINDING OF FACT The Veteran’s income exceeded VA’s maximum annual pension rate (MAPR) for a single Veteran in receipt of aid and attendance with no dependents. CONCLUSION OF LAW The criteria for entitlement to SMP based on the need of regular aid and attendance or by reason of being housebound have not been met. 38 U.S.C. §§ 1110, 5103, 5103A, 5107 (2012); 38 C.F.R. §§ 3.303, 3.310(a) (2019). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from February 1946 to May 1966. This matter is on appeal to the Board of Veterans’ Appeals (Board) from a May 2016 decision. In April 2019, the Veteran presented testimony before the Board. The issue was recently before the Board in July 2019 and remanded for further development. The Veteran did not respond to the December 2019 request for information regarding net worth, income, additional unreimbursed medical expenses from March 2016 to the present, and documentation of caregiver fees. The request was sent to the address of record and was not returned as undeliverable. Thus, the regularity of the mail is presumed. Accordingly, the Board finds that there has been substantial compliance with the prior remand instructions and that no further action is necessary. See Stegall v. West, 11 Vet. App. 268 (1998). By rating action of May 2016, the Veteran’s claim for SMP based on the need for regular aid and attendance was granted effective March 28, 2016, the date his non-service-connected pension claim was received by VA. However, in September 2016, the Veteran was notified that although he was entitled, the benefits were not able to be awarded due to excess income. The Veteran disputes the determination and explained that his out of pocket expenses for his caregiver have not been considered. See VA Form 9 dated February 2017. Here, the RO calculated that the Veteran’s total family income was $32,578.00 based on annual Social Security Administration (SSA) income of $21,094.00 ($1,757.90 x 12) and annual military retirement of $11,484.00 ($957.00 x 12). The Veteran reported $1,258.00 in medical expenses. His medical expenses, less the standard 5 percent reduction of $643.00, totaled $615.00. This reduced his countable income to $31,963.00 ($32,578.00 - $615.00). For a Veteran with no dependents, the MAPR at the aid and attendance rate in 2016 was $21,466.00. The Board notes the Veteran has not disputed the amount of SSA or military retirement income. Moreover, his SSA benefits have increased since the initial filing of his claim and thus, his income continues to exceed the MAPR. The Board is aware the Veteran claimed that he was paying $200.00, per week in caregiver fees or $9,600.00 annually. However, the Veteran did not provide the proper documentation of the caregiver fees to corroborate such expense. The Veteran was asked to provide this information in December 2019, but he failed to respond, and no such documentation has been presented in this case. Without such claimed medical expense deduction, it is clear he did not meet the income-eligibility test for SMP at the aid and attendance rate. Thus, the Board concludes that the denial of SMP based upon the need of regular aid and attendance or by reason of being housebound was warranted. 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). KELLI A. KORDICH 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.