Citation Nr: 21061352
Decision Date: 10/01/21	Archive Date: 10/01/21

DOCKET NO. 17-49 941A
DATE: October 1, 2021

REMANDED

Entitlement to death pension benefits is remanded.

REASONS FOR REMAND

The Veteran served on active duty from February 1952 to February 1954 and from February 1955 to June 1961.  The Veteran died in June 2007.  The Appellant is his surviving spouse.  This matter comes before the Board of Veterans' Appeals (Board) on appeal from an April 2017 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) and was previously remanded by the Board in April 2019.

Pursuant to the Board's April 2019 remand directives, the RO sent the Appellant a VA Form 21P-0518-1 to indicate her annual income.  In April 2021, the Appellant provided three separate forms regarding her income from 2016 to 2020, along with a statement indicating that she has been performing freelance work as a property salesperson since November 2015, earning a 5 percent commission from any property sold.  On the VA Form 21P-0518-1, she indicated various commissions received.  However, these commissions are inconsistent with the amounts listed under "Gross Wages from all Employment."  As the Board is unable to make a determination regarding the Appellant's application for death pension benefits due to these inconsistencies, a remand is required to verify the Appellant's income.

The matter is REMANDED for the following action:

1. The Agency of Original Jurisdiction should verify the 

Appellant's annual income and medical expenses from 2016 to the present.  

2. Associate any relevant Social Security Administration (SSA) records or Internal Revenue Service (IRS) records with the claims file so that they are reviewable.

3.  After completing all indicated development, the AOJ should readjudicate the Veteran's claim.  If the benefit sought on appeal remains denied, the Veteran should be furnished with a supplemental statement of the case, given the opportunity to respond, and the case should thereafter be returned to the Board for further appellate review, if warranted. 

 

KELLI A. KORDICH

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	D. Houle, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.