Citation Nr: 21002104
Decision Date: 01/12/21	Archive Date: 01/12/21

DOCKET NO. 17-28 756A
DATE: January 12, 2021

REMANDED

Entitlement to nonservice-connected pension benefits is remanded. 

REASONS FOR REMAND

The Veteran served on active duty from July 1970 to July 1973.

This matter comes to the Board of Veterans’ Appeals (Board) from a February 2015 rating decision which granted entitlement to nonservice-connected pension but denied payment of benefits based on excessive income. 

In March 2019, the Board remanded the matter for further development, to include obtaining information on the Veteran’s income, assets, and unreimbursed medical expenses. 

The Board notes that the issues of entitlement to service connection for kidney failure, diabetes mellitus, type II, residuals of prostate cancer, and hypertension are also on appeal and will be addressed in a separate Board decision.

Entitlement to nonservice-connected pension benefits is remanded.

The Board cannot make a fully-informed decision on the issue of entitlement to nonservice-connected benefits at this time. 

The most recent income and medical expense information provided by the Veteran is dated in January 2011.  An April 2013 Social Security Administration (SSA) inquiry reflects the Veteran has been in receipt of benefits since December 2011.  

In March 2019, the Board remanded the matter so that the RO could obtain information on the Veteran’s income, assets, and unreimbursed medical expenses, as well as obtain updated information from the SSA.

In a July 2020 letter, the RO requested the Veteran provide information on his income, unreimbursed medical expenses, and dependents.  To date, no response has been received.  The Board additionally notes that the RO did not obtain updated SSA benefit information upon remand.  38 C.F.R. § 3.159(c)(2). 

Therefore, the Board finds that a remand is warranted for an additional attempt to obtain information on the Veteran’s income, assets, and unreimbursed medical expenses, and so that the RO can obtain updated information from the SSA.  

The matter is REMANDED for the following actions:

1. Obtain updated information on the Veteran’s Social Security Administration benefits from December 2012 to present. 

2. Take appropriate action to verify reported countable income and unreimbursed medical expenses for the Veteran and his spouse.  Such action should include income tax returns for the Veteran and his spouse from 2011 to present, and verification of income arising from VA benefits.  The Veteran should also be given an opportunity to indicate whether any of his children should be classified as “dependent children” for any period of the appeal. 

3. After completing the above, and any other development as may be indicated, the Veteran’s claim should be readjudicated based on the entirety of the evidence.  If the claim remains denied, the Veteran and his representative should be issued a supplemental statement of the case (SSOC).  An appropriate period of time should be allowed for response.  Thereafter, the case should be returned to the Board for further appellate consideration, if otherwise in order. 

 

 

K. Parakkal

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	S. Owen, Associate 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.