Citation Nr: 21065833
Decision Date: 10/27/21	Archive Date: 10/27/21

DOCKET NO. 18-40 595
DATE: October 27, 2021

REMANDED

A death pension.

 

REASONS FOR REMAND

The Veteran served on active duty from August 1942 to December 1945.  He died in December 2002.  The appellant is the daughter of the Veteran and his surviving spouse, who died in March 2013.

The case is on appeal from an August 2017 decision.

The Board notes that the appellant requested a Board hearing in an August 2018 VA Form 9.  However, in an August 2021 statement, the appellant requested withdrawal of the hearing request.  Therefore, the hearing request is considered withdrawn.  See 38 C.F.R. § 20.704(e).

A death pension.

The appellant is seeking accrued benefits for reimbursement of expense paid for the last sickness and burial of the Veteran's surviving spouse.  At the time of the Veteran's surviving spouse's death in March 2013, she had a pending claim for special monthly death pension benefits based on the need for aid and attendance.  In a November 2012 pension application, the Veteran's surviving spouse reported requiring aid and attendance, monthly income from the Social Security Administration (SSA) and $169.30 in other income, and assets of $86,561 in bank deposits and real property other than her home of $288,600.  She also reported medical expenses of $3,780 for assisted living and $300 per week for assistance provided by an individual, B.R.  The surviving spouse did not provide additional information regarding her need for aid and attendance, assets, or medical expenses.

The appellant filed a claim for accrued benefits in June 2013.  The appellant reported paying the surviving spouse's assisted living expenses from 2008 until her death and her funeral and burial expenses from the N.P. Trust with the appellant as trustee.  The RO denied the claim in a July 2013 correspondence, however, the appellant never received the denial.

In September 2018, the RO found that the appellant filed a timely notice of disagreement (NOD) for the claim on appeal and found that additional information was required to substantiate the claim.  In a November 2018 letter, the RO asked the appellant to provide the additional information necessary to substantiate the surviving spouse's special monthly death pension claim and to determine if accrued benefits are warranted should the pension claim be granted.  However, the appellant did not submit any of the requested information.

The Board finds that a remand is warranted to allow the appellant another opportunity to submit all information and documentation necessary for substantiating the claim on appeal.

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The claim is REMANDED for the following action:

Furnish the appellant an Improved Pension Eligibility Verification Report and a Medical Expense Report and request that she complete and return the forms with information for the Veteran's surviving spouse to specifically include evidence showing that she required aid and attendance or was housebound, documentation of surviving spouse's assets prior to her death, a list of the services provided by B.R. and proof of payments made to B.R. that were claimed as medical expenses in a November 2012 form, the surviving spouse's monthly expenses at the time of her death, the trust document for the N.P. Trust, the value of the N.P. Trust at the time of her death, and documentation of payment of the assisted living expenses, funeral, and burial expenses of the surviving spouse paid by the appellant.

 

 

RYAN T. KESSEL

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Jimerfield, David

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.