Citation Nr: A21017292 Decision Date: 10/26/21 Archive Date: 10/26/21 DOCKET NO. 210413-167178 DATE: October 26, 2021 ORDER Entitlement to survivor's pension benefits (also known as nonservice-connected death pension) is denied. FINDING OF FACT The appellant's countable income was not provided in her application. CONCLUSION OF LAW The criteria for entitlement to nonservice-connected death pension benefits have not been met. 38 U.S.C. §§ 101, 1503, 1521, 1541, 5312; 38 C.F.R. §§ 3.2, 3.3, 3.23. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had honorable active military service from January 1950 to August 1953. He died in November 1997. His surviving spouse, through her appointed fiduciary, is appealing the decision. The Board notes that the term "appellant" and other related pronouns in this decision refer to either the Veteran's surviving spouse or her appointed fiduciary as applicable. The decision on appeal was issued in January 2021; therefore, the modernized review system, also known as the Appeals Modernization Act (AMA), applies. In April 2021, the Board of Veterans' Appeals received VA Form 10182, Decision Review Request: Board Appeal, wherein the Direct Review docket was selected. Therefore, the Board may only consider the evidence of record at the time of the agency of original jurisdiction (AOJ) decision on appeal. 38 C.F.R. § 20.301. The Board notes that, in the appellant's April 2021 VA Form 10182, her guardian specifically filled in that the issue on appeal is "surviving spouse benefits additional cost associated with nursing home care." In fact, the appellant has not indicated she is pursuing any other claims previously adjudicated and has not provided any evidence or argument relating to those issues. Entitlement to survivor's pension benefits is denied. The appellant, via her fiduciary, contends that she is entitled to receive survivor's pension. See VA Form 10182 Notice of Disagreement (April 2021). Basic entitlement to VA nonservice-connected death pension benefits exists if: (i) the veteran had qualifying service (a veteran who served during wartime); or (ii) the veteran was, at time of death, receiving or entitled to receive compensation or retired pay for a service-connected disability based on service during a period of war; and (iii) the surviving spouse meets the net worth requirements of 38 C.F.R. § 3.274 and has an annual income not in excess of the applicable maximum annual pension rate (MAPR) specified in 38 C.F.R. § 3.23. 38 U.S.C. §§ 1541; 38 C.F.R. § 3.3(b)(4). The Board concludes that that an award of survivor's pension, or death pension benefits, is not warranted because the appellant has not provided evidence to show that her countable income has not exceeded the MAPR for a surviving spouse without dependents. Here, the AOJ favorably found that the Veteran met the minimum active duty and character of service requirements in order to qualify for pension benefits and that he had wartime service. Thus, that eligibility requirement is met. At issue is whether the appellant's countable annual income exceeds the applicable MAPR set by law. In this case, survivor's pension benefits cannot be granted because evidence of the appellant's income and net worth was not provided as part of the claim. A December 2020 VA letter notified the appellant that her claim was accepted as an incomplete application for survivor's pension and further instructions were provided. See MAP-D Development Letter (December 2020). However, the appellant has yet to submit supporting documentation upon which to adjudicate her case for survivor's pension. To the extent she is appealing, her claim for survivor's pension is denied. The appellant is reminded that she may file a Supplemental Claim using the instructions provided with this decision for consideration of new and relevant evidence. C.A. SKOW Veterans Law Judge Board of Veterans' Appeals Attorney for the Board E. M. Pesin 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.