Citation Nr: 20036445
Decision Date: 05/28/20	Archive Date: 05/28/20

DOCKET NO. 18-15 276
DATE: May 28, 2020

REMANDED

Entitlement to nonservice-connected pension benefits is remanded.

REASONS FOR REMAND

The Veteran served on active duty from September 1973 to September 1975.  This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an April 2018 decision, which in pertinent part, denied entitlement to nonservice-connected pension.  The Board notes the Veteran also has an appeal pending of 23 issues involving service connection, increased ratings, and total disability based on individual unemployment, which will be addressed in a separate decision.    

The claim for nonservice-connected pension was initially denied on the basis that the Veteran was not permanently and totally disabled from nonservice-connected disabilities that rendered him unemployable.  However, the Veteran meets the initial threshold requirement for pension in that he served for over 90 days during a period of war and he is over 65, so he no longer must prove permanent and total disability.  Thus, the remaining issue is whether, from the time he turned 65, he meets the net worth requirements under § 3.274 and his income is not in excess of the applicable maximum annual pension rate (MAPR) specified in 38 C.F.R. § 3.23. See 38 U.S.C. § 1521(a); 38 C.F.R. § 3.3(a).  

Thus, a remand of the claim for nonservice-connected pension is required to obtain the Veteran’s income and expenses and ensure they are correctly calculated for the applicable appeal period.  

The matter is REMANDED for the following action:

1. Send the Veteran a letter asking that he identify income and any unreimbursed medical expenses that were paid that may offset the amount of his countable income for pension calculation purposes for the applicable period in question. The letter should be enclosed with Improved Pension Eligibility Verification Reports, Medical Expense Reports, and any other forms required for a full and accurate reporting of the Veteran’s income and expenses for the period in question.

2. If upon completion of the above action the appeal remains denied, the case should be returned to the Board after compliance with appellate procedures.

 

 

E. I. VELEZ

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.