Citation Nr: 21061984 Decision Date: 10/06/21 Archive Date: 10/06/21 DOCKET NO. 14-21 085A DATE: October 6, 2021 ORDER Entitlement to non-service-connected pension benefits from September 16, 2020 is denied. FINDING OF FACT For the period from September 16, 2020, the Veteran's countable income has exceeded the relevant maximum allowable pension rate (MAPR) for purposes of entitlement to nonservice-connected pension benefits. CONCLUSION OF LAW The criteria for payment of non-service-connected pension benefits from September 16, 2020 have not been met. 38 U.S.C. § 1521; 38 C.F.R. §§ 3.3, 3.23, 3.271, 3.272, 3.273. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the United States Army from June 1974 to April 1979, and from August 1980 to August 1983. His decorations include the National Defense Service Medal, the Army Service Ribbon, and the Good Conduct Medal. This matter comes to the Board of Veterans' Appeals (Board) on appeal from a September 2010 rating decision issued by the Department of Veterans Affairs (VA) Regional Office in Montgomery, Alabama. In March 2019, the Veteran was notified of the time and place of a Board hearing he requested in connection with the present appeal. See 38 C.F.R. § 20.704(b). He failed to report, however, and no motion for rescheduling has been received. Accordingly, the Board will process his appeal as though the request for hearing has been withdrawn. 38 C.F.R. § 20.704(d). In February 2021, the Board, in pertinent part, denied entitlement to non-service-connected pension benefits prior to September 16, 2020, and remanded the issue of entitlement to such benefits from September 16, 2020 to the agency of original jurisdiction (AOJ) for additional development. After taking further action, the AOJ confirmed and continued the prior denial and returned the case to the Board. See June 2021 supplemental statement of the case. Entitlement to non-service-connected pension benefits from September 16, 2020 is denied. The Veteran seeks to establish entitlement to non-service-connected pension benefits. Pursuant to 38 U.S.C. § 1521(a), nonservice-connected disability pension is a benefit payable to a veteran of a period of war who is permanently and totally disabled from nonservice-connected disability not the result of his own willful misconduct. A veteran is entitled to pension only if his income is not in excess of the applicable MAPR, as specified at 38 C.F.R. § 3.23 and changed periodically, as reported in the Federal Register. See 38 U.S.C. § 1521. The maximum rates for a veteran's pension are reduced dollar for dollar by the amount of the countable income of a veteran, his spouse, and any dependent(s). 38 U.S.C. § 1521; 38 C.F.R. § 3.23(d). In this case, the record reflects that the Veteran meets the qualifying service criteria as defined in 38 C.F.R. § 3.3(a)(3)(i) based on more than 90 days of active service during the Vietnam war period, which is defined as running from February 28, 1961 to May 7, 1975. See also 38 U.S.C. § 101; 38 C.F.R. § 3.2. The remaining question for the Board is whether, for the pertinent period on appeal, the Veteran's countable income was below the relevant MAPR for purposes of entitlement to non-service-connected pension benefits. In determining income for this purpose, payments of any kind from any source are counted as income during the 12-month annualization period in which received unless specifically excluded. 38 U.S.C. § 1503; 38 C.F.R. § 3.271. Unreimbursed medical expenses reduce countable income for VA pension purposes. Unreimbursed medical expenses in excess of five percent of the maximum annual pension rate, which have been paid by the appellant, may be excluded from an individual's income for the same 12-month annualization period to the extent they were paid. 38 C.F.R. § 3.272(g)(1)(iii). Other expenses that may be excluded from countable income include: welfare; maintenance (including nursing home and home care fees); VA pension benefits; payments under Chapter 15 of Title 38, United States Code, including accrued pension benefits; reimbursements for casualty loss; profit from sale of property; and joint accounts (accounts and joints accounts in banks and similar institutions acquired by reason of death of the other joint owner). 38 C.F.R. § 3.272. The record reflects that the Veteran has one dependent (his spouse). See, e.g., May 2021 VA Form 21-527EZ. Effective September 2020, for nonservice-connected pension purposes, the MAPR for a veteran with one dependent was $18,008. See Pension Rate Tables, effective December 1, 2019, available at https://www.va.gov/ pension/veterans-pension-rates/past-rates-2020/ (accessed on October 5, 2021). The MAPR was increased to $18,243 effective December 1, 2020. Following review of the record, the Board finds that the preponderance of the evidence is against the claim. On a May 2021 VA Form 21P-527EZ (Application for Veterans Pension), the Veteran reported that he was in receipt of Social Security Administration (SSA) income of $901 per month ($10,812 per year), and that his spouse was in receipt of SSA income of $1,407 per month ($16,884 per year). Therefore, the Veteran's total annualized household income for the relevant period on appeal was $27,696, which is higher than the relevant MAPRs of $18,008 effective December 1, 2019, and $18,243 effective December 1, 2020. The Veteran has not provided any additional income or net worth information or evidence and has not provided any evidence of eligible unreimbursed medical expenses or any other expenses that may be deducted from his income for purposes of calculating his countable income for non-service-connected disability pension purposes. Based on the foregoing, the Board finds that, for the annualization periods pertinent to this appeal, the preponderance of the evidence establishes that the Veteran's countable income has exceeded the relevant MAPR. Accordingly, as he has not met the annual income requirement set forth in 38 C.F.R. § 3.3, payment of non-service-connected pension benefits cannot be made. The appeal must be denied. DAVID A. BRENNINGMEYER Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Ragheb, 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.