Citation Nr: 21064994
Decision Date: 10/22/21	Archive Date: 10/22/21

DOCKET NO. 19-16 630
DATE: October 22, 2021

REMANDED

Whether the change in the Veteran's means test eligibility category from copay exempt to copay required in the VA healthcare system for income year 2016 was proper is remanded.

REASONS FOR REMAND

The Veteran had active duty in the Air Force from October 1974 to October 1978.  

Income Verification Match (IVM) is a secure procedure by which VA may obtain income information from the Social Security Administration and the Internal Revenue Service (IRS), in order to verify income amounts that are reported to VA.  The adjudication of this matter involves information provided by SSA and the IRS for 2016.  However, to avoid disclosure of sensitive information, the Board's decision does not directly cite dollar amounts included in any IVM report that has not been verified by the Veteran.  Therefore, the text of this decision is not subject to the additional protections required under the IVM procedures.

Whether the change in the Veteran's means test eligibility category from copay exempt to copay required in the VA healthcare system for income year 2016 was proper is remanded.

In December 2019, the Board of Veterans' Appeals (Board) remanded the claim in order for documents listed in the summary of evidence in the December 2018 statement of the case to be associated with the claims file.  This development has been completed.  

The Veteran was also to be contacted to notify him of the opportunity to submit additional evidence regarding his 2016 income and expenses such as his 1099 statements, other tax forms, and account statements showing any reinvestment of the income.  The record does not show that the Veteran was so contacted.  Compliance by the Board or the regional office (RO) with remand instructions is neither optional nor discretionary.  See Stegall v. West, 11 Vet. App. 268, 271 (1998).  Therefore, the claim must be remanded in order for the Veteran to be contacted in writing regarding submitting this evidence.  

In addition, a supplemental statement of the case (SSOC) was not issued prior to the case being returned to the Board following the December 2019 remand.  An SSOC must always be issued before a previously remanded claim in the legacy appeals system is returned to the Board.

The matters are REMANDED for the following action:

1.  Contact the Veteran in writing and request that he provide documentation in his possession regarding his 2016 income and expenses such as his 1099 statements, other tax forms, and account statements showing any reinvestment of the income.  Allow an appropriate period of time for response.

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2. After completing the above, and conducting any additional development deemed necessary, readjudicate the claim regarding whether the change in the Veteran's means test eligibility category from copay exempt to copay required in the VA healthcare system for income year 2016 was proper.  If the benefits sought on appeal are not granted, the Veteran should be furnished with an SSOC and afforded an opportunity to respond before the file is returned to the Board for further appellate consideration.

 

 

H.M. WALKER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. Lee

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.