Citation Nr: 21067301 Decision Date: 11/03/21 Archive Date: 11/03/21 DOCKET NO. 16-40 821 DATE: November 3, 2021 REMANDED Entitlement to nonservice-connected pension benefits, to include whether the reduction of pension benefits due to earned income was proper, is remanded. REASONS FOR REMAND The Veteran served on active duty from January 1974 to August 1977. This matter comes to the Board of Veterans' Appeals (Board) on appeal from a February 2014 decision which stopped the Veteran's pension benefits retroactively effective September 1, 2011 due to reported income, and reinstated payments effective June 1, 2012 at a reduced rate. In a July 2016 VA Form 9 (Appeal to Board of Veterans' Appeals), the Veteran requested a Board videoconference hearing on the matter. A hearing was scheduled in June 2021 and then postponed for October 2021 when the Veteran did not respond to confirmation requests. The appellant failed to appear for the October 2021 hearing and has not presented good cause for failing to do so. Accordingly, the Veteran's request for a Board hearing is deemed withdrawn. 38 C.F.R. § 20.704 (d). Entitlement to nonservice-connected pension benefits, to include whether the reduction of pension benefits due to earned income was proper, is remanded. The Board cannot make a fully-informed decision on entitlement to nonservice-connected pension benefits at this time. By way of history, in a January 2012 decision, the Veteran was granted nonservice-connected pension benefits effective August 22, 2011, with monthly payments beginning September 1, 2011 in the amount of $234. On December 1, 2011, this amount increased to $243 due to a cost-of-living adjustment. In June 2013, the Veteran filed for an increase in his pension benefits. An August 2013 decision awarded pension benefits of $1,021 beginning June 1, 2012, $1,038 beginning December 1, 2012, $345 beginning February 1, 2013, and $1,038 beginning February 1, 2013. In November 2013, the Veteran filed for an increase in pension benefits. In a December 2013 decision, VA proposed to stop the Veteran's monthly pension benefits effective September 1, 2011 due to receiving information that the Veteran may have been employed. VA requested a copy of the Veteran's tax returns for 2011 and 2012 and information related to his first and last paychecks. In the February 2014 decision on appeal, VA indicated that it had not received a response and stopped payment of pension benefits effective September 1, 2011. VA reinstated monthly payments of $354 effective June 1, 2012, $372 effective December 1, 2012, $345 effective February 1, 2013, $361 effective December 1, 2013, and $1,054 effective February 1, 2014. In an April 2014 notice of disagreement, the Veteran submitted additional information on his work history, income, and expenses. In an October 2014 letter, VA requested clarification and additional information on the Veteran's income and expenses. Specifically, it requested the Veteran complete and return VA Form 21-0516-1 (Improved Pension Eligibility Report (Veteran with No Children)) and VA Form 21-8416 (Medical Expense Report) for August 22, 2011 through August 21, 2012, and calendar years 2012, 2013, and 2014. The Veteran did not respond, and VA issued a Statement of the Case (SOC) in June 2016 and the Veteran filed a timely substantive appeal in July 2016. Upon review of the record, the Board finds that a remand is warranted for additional development. In his July 2013 claim for pension benefits, the Veteran reported an address on Boggs Avenue. Subsequent VA correspondence was sent to this address or a temporary PO Box while the Veteran was receiving inpatient care. After release from inpatient care, the Veteran updated his address to a second PO Box. The February 2014 notification letter for the decision on appeal, subsequent VA correspondence to the Veteran, and correspondence from the Veteran, including his April 2014 notice of disagreement, cited to this PO Box until the Veteran updated his address in February 2015. However, the October 2014 VA letter to the Veteran requesting the Improved Pension Eligibility Reports and Medical Expense Reports for August 22, 2011 through August 21, 2012, and calendar years 2012, 2013, and 2014, was sent to an apparently incorrect or outdated Gator Way address. In light of the fact that the October 2014 letter was sent to an incorrect address and the Veteran's lack of response to the letter, the Board finds that a remand is warranted for an additional attempt to obtain information on the Veteran's income and medical expenses from August 22, 2011 through August 21, 2012, and for calendar years 2012, 2013, and 2014. The matter is REMANDED for the following actions: 1. Request the Veteran complete and return VA Form 21-0516-1 (Improved Pension Eligibility Report (Veteran with No Children)) and VA Form 21-8416 (Medical Expense Report) for August 22, 2011 through August 21, 2012, and calendar years 2012, 2013, and 2014. 2. After completing the above, and any other development as may be indicated, the Veteran's claim should be readjudicated based on the entirety of the evidence. If the claim remains denied, the Veteran and his representative should be issued a supplemental statement of the case (SSOC). An appropriate period of time should be allowed for response. Thereafter, the case should be returned to the Board for further appellate consideration, if otherwise in order. K. Parakkal Veterans Law Judge Board of Veterans' Appeals Attorney for the Board S. Owen, 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.