Citation Nr: 21065702 Decision Date: 10/27/21 Archive Date: 10/27/21 DOCKET NO. 18-15 489 DATE: October 27, 2021 REMANDED Entitlement to non-service connected (NSC) pension benefits is remanded. REASONS FOR REMAND The Veteran had active duty service from June 1969 to November 1969, and from August to September 1975. The current appeal before the Board of Veterans' Appeals (Board) arose from a July 2015 determination by a Department of Veterans Affairs (VA) Regional Office (RO). In June 2021, the Veteran testified at a Board virtual hearing before the undersigned Veterans Law Judge. A hearing transcript is of record. While the Veteran's appeal was also noted by the Agency of Original Jurisdiction (AOJ), in a February 2018 statement of the case, as including claims of entitlement to service connection for diabetes mellitus, a left eye disability, and a chronic kidney disability, the Board observes that in his November 2015 notice of disagreement, the Veteran clearly noted that he was seeking consideration of those disabilities in pursuit of his claim for NSC pension benefits. At his June 2021 Board hearing, the Veteran further maintained that the only issue he was pursuing on appeal was that of entitlement to the NSC pension benefits. Accordingly, the Board finds that service connection claims for diabetes mellitus, a left eye disability, and a chronic kidney disability are not properly on appeal before the Board at this time. Entitlement to non-service connected pension benefits In the July 2015 RO decision, the Veteran was denied entitlement to non-service connected pension benefits on the basis that his income exceeded the maximum annual disability pension limit set by law. Notably, the Veteran initially indicated in his December 2017 pension claim that he had never been married, and his claim was accordingly adjudicated by the RO on the basis of him being a single veteran with no dependents. The AOJ later sought clarification from the Veteran as to his marital status, and in response, he submitted a Declaration of Status of Dependents, on VA Form 21-686c, indicating that he had been married since 1991, and that he had a dependent daughter that was between the ages of 18 to 23 and attending school. In order to determine the Veteran's eligibility to payment of non-service connected pension benefits, additional documentation pertaining to income, net worth, and unreimbursed medical expenses for the Veteran and his dependents, to include his dependent daughter, up until the date she turned 24 or was no longer attending school, is required for every calendar year from 2015. While the Veteran has been asked to provide information pertaining to income, and while he has since attempted to provide documentation of his and his wife's income, wherein he provide documentation of income for his wife for calendar years 2017 through 2019, and his Social Security benefits paid from calendar years 2018 through 2020, and he reported at his June 2021 Board hearing that his daughter also earned income, he did not provide pertinent evidence pertaining to his daughter's income, or complete evidence for all calendar years under consideration. Notably, however, the Veteran has expressed confusion with respect to the documentation/evidence that he should submit to VA. In this regard, after his Board hearing, he contacted VA in July 2021 requesting information with respect to the forms that he needed to submit in support of his pension claim. There is no indication that he was subsequently provided specific instruction as to which forms/evidence he should submit. Accordingly, where the Veteran has attempted to provide necessary evidence, and has expressed confusion as to which documentation he needed to provide, remand is warranted in order for the AOJ to send a letter to the Veteran identifying the forms and evidence required to support his claim for non-service connected pension benefits. This matter is hereby REMANDED for the following action: 1. Send a letter to the Veteran, together with appropriate VA forms, to notify him of the evidence required to support his claim for NSC pension benefits on appeal. Specifically provide him with Eligibility Verification Report Instructions, on VA Form VBA-21P-0510, and request that he provide documentation to support his claim. Supporting documentation should include: (a.) Evidence of income and net worth for the Veteran and all dependents, including his daughter, while she was attending school and between the ages of 18 and 23, for all calendars from 2015 to the present. Instruct the Veteran that he may provide documentation on the included VA Form 21P-0517-1 and VA Form 21P-0516-1 for each year, as appropriate, along with any supporting evidence; and, (b.) Evidence of any unreimbursed medical expenses that were paid that may offset the amount of countable income for pension calculation purposes for all calendar years from 2015 to the present. Notify him of the exclusions from income that are listed in 38 C.F.R. § 3.272, and instruct him that he may provide documentation on the included VA Form 21P-8416 for each year, along with any supporting evidence. 2. To help avoid future remand, ensure that the requested action has been accomplished, to the extent possible, in compliance with this REMAND. M. Tenner Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Michael Wilson, 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.