Citation Nr: 21065084
Decision Date: 10/25/21	Archive Date: 10/25/21

DOCKET NO. 15-37 533
DATE: October 25, 2021

ORDER

Entitlement to nonservice-connected pension benefits is denied.

FINDING OF FACT

The Veteran failed to submit the specific requested information regarding his income, net worth, and expenses; the Board is unable to determine whether he meets the income-eligibility test for nonservice-connected pension benefits.

CONCLUSION OF LAW

The denial of nonservice-connected pension benefits was proper. 38 U.S.C. § 1521 (2018); 38 C.F.R. § 3.3 (2021).  

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from April 1971 to May 1973.  This matter comes before the Board of Veterans' Appeals (Board) on appeal from a September 2013 decision. The matter was previously before the Board in April 2021 and remanded for further development.

Entitlement to nonservice-connected pension

Pension is payable to veterans of a period of war because of nonservice-connected disability or age.  Basic entitlement exists if the veteran: (1) served in the active military, naval or air service for ninety (90) days or more during the period of war; (2) is permanently and totally disabled from nonservice-connected disability not due to his own willful misconduct, or is 65 years of age or older; and (3) meets the specified net worth requirements and does not have an annual income in excess of the applicable maximum annual pension rate (MAPR).  38 U.S.C. §§ 1513, 1521; 38 C.F.R. §§ 3.3, 3.23, 3.274.

In April 2021, the Board determined the Veteran met the necessary service requirements and was permanently and totally disabled and/or 65 years or older.  Id.  The matter was then remanded to obtain the Veteran's income, net worth, and expense information. 

In June 2021, the Regional Office (RO) sent the Veteran a letter and asked that he provide relevant income and expense information on forms provided from June 2012 to the present.  To date, he has not responded. 

As the Veteran failed to submit the specific information requested clarifying his income, net worth and expenses on the forms prescribed by the Secretary, the Board is unable to determine whether he meets the income-eligibility test for nonservice-connected pension benefits.    

Thus, the Board concludes that the denial of nonservice-connected pension benefits was warranted.  The preponderance of the evidence is against the Veteran's claim.  Consequently, the benefit-of-the-doubt rule does not apply, and the issue on 

 

appeal must be denied. 38 U.S.C. § 5107(b); Gilbert v. Derwinski, 1 Vet. App. 49, 55 (1990).   

 

 

E. I. VELEZ

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	K. L. Wallin, 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.