Citation Nr: 21061588 Decision Date: 10/04/21 Archive Date: 10/04/21 DOCKET NO. 16-58 136 DATE: October 4, 2021 REMANDED Entitlement to nonservice-connected pension benefits is remanded. REASONS FOR REMAND The Veteran served on active duty from August 1966 to October 1967. This matter comes to the Board of Veterans' Appeals (Board) on appeal from an April 2014 decision pertaining to the Veteran's nonservice-connected pension benefits. In April 2020, the Board remanded the matter for further development. Entitlement to nonservice-connected pension benefits is remanded. In a July 2010 rating decision, VA awarded the Veteran nonservice-connected pension benefits, effective October 27, 2009. In an April 2014 decision, VA adjusted the Veteran's nonservice-connected pension benefits based on a recalculation of his income. In May 2014, the Veteran filed a notice of disagreement and VA issued a statement of the case (SOC) dated in November 2016. The Veteran perfected a timely appeal. In April 2020, the Board remanded the appeal. Specifically, the Board noted that the October 2012 claim and April 2014 decision pertaining to the Veteran's nonservice-connected pension benefits and income calculation as listed in the November 2016 SOC were not associated with the claims file. Furthermore, the Board found that while the evidence listed on the SOC matched the evidence of record, the evidence discussed under the Reasons and Bases portion of the SOC did not match the evidence of record. Specifically, the evidence discussed under the Reasons and Bases included a discussion of statements that the Veteran began working in May 2011, a May 2012 Eligibility Verification Report that the Veteran earned wages from May 2011 to February 2012, a Medical Expense Report showing unreimbursed medical expenses for 2011, an August 2012 decision, an August 2012 notice of disagreement, and statements from the Veteran and his siblings received in August 2014. VA continued to deny the Veteran's claim based on this evidence. As the evidence discussed under the Reasons and Bases did not match the evidence listed on the SOC and did not match the evidence of record, the Board indicated that it was not clear whether these documents were missing from the Veteran's claims file or whether the RO erroneously reviewed another claims file when adjudicating the Veteran's claim. The Board remanded the claim so that this evidence could be associated with the record or the Veteran's claim readjudicated based on the actual evidence of record. In an April 2020 memorandum, VA indicated that these documents were federal tax information (FTI) located in an income verification match program (IVM) file. VA then returned the case to the Board without issuing a supplemental statement of the case (SSOC). Upon review of the Veteran's IVM file, the Board agrees that the October 2012 claim and April 2014 decision, along with five other documents dated from 2013 to 2014, are located in the Veteran's IVM file. However, the Veteran's IVM file does not contain the evidence discussed under the November 2016 SOC Reasons and Bases, including statements that the Veteran began working in May 2011, a May 2012 Eligibility Verification Report that the Veteran earned wages from May 2011 to February 2012, a Medical Expense Report showing unreimbursed medical expenses for 2011, an August 2012 decision, an August 2012 notice of disagreement, and statements from the Veteran and his siblings received in August 2014. As VA did not undertake development for this missing evidence as directed by the Board's April 2020 remand, it did not readjudicate the Veteran's claim based on the correct evidence of record, and did not issue a SSOC, the Board finds that another remand is necessary. See Stegall v. West, 11 Vet. App. 268, 271 (1998) (holding veterans are entitled to compliance with Board remand instructions). The most recent evidence pertaining to the Veteran's income and unreimbursed medical expenses is dated in 2015. Upon remand, VA should also request information on the Veteran's income and unreimbursed medical expenses from 2016 to present. The matter is REMANDED for the following actions: 1. Associate with the electronic claims file all evidence considered and discussed under the Reasons and Bases in the November 2016 Statement of the Case, including statements that the Veteran began working in May 2011, a May 2012 Eligibility Verification Report that the Veteran earned wages from May 2011 to February 2012, a Medical Expense Report showing unreimbursed medical expenses for 2011, an August 2012 decision, an August 2012 notice of disagreement, and statements received from the Veteran and his siblings received in August 2014. 2. Request information on the Veteran's income and unreimbursed medical expenses from 2016 to the present. 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, 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.