Citation Nr: 21071575
Decision Date: 11/30/21	Archive Date: 11/30/21

DOCKET NO. 15-42 300
DATE: November 30, 2021

REMANDED

Entitlement to nonservice-connected (NSC) pension benefits, based on countable income and net worth, as of March 19, 2021, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from May 1974 to May 1977.  These matters come to the Board of Veterans' Appeals (Board) on appeal from a March 2013 rating decision which, inter alia, denied entitlement to nonservice-connected pension benefits.  In December 2018, the Veteran testified at a Board videoconference hearing before the undersigned Veterans Law Judge.  A hearing transcript is of record.  The Veteran also has an appeal pending of five separate issues which were remanded in April 2019 and July 2021.  These matters will be addressed in a separate Board decision.

NSC pension benefits as of March 19, 2021

The claim for nonservice-connected pension benefits was initially denied on the basis that the Veteran was not permanently and totally disabled from nonservice-connected disabilities that rendered him unemployable.  Notably, however, the Veteran now meets the initial threshold requirement for pension benefits in that he served for over 90 days during a period of war, and he reached the age of 65 in March 2021; thus, he no longer must prove permanent and total disability as of that date.  Accordingly, the remaining question is whether, from the time the Veteran turned 65, he meets the net worth requirements under 38 C.F.R. § 3.274, and his income is not in excess of the applicable maximum annual pension rate (MAPR) specified in 38 C.F.R. § 3.23.  See 38 U.S.C. § 1521(a); 38 C.F.R. § 3.3(a).

Notably, the record does not contain evidence of the Veteran's income and unreimbursed medical expenses as of the date he turned 65.  Thus, a remand of this matter is required to obtain evidence as to the Veteran's income and expenses, and to ensure that they are correctly calculated for the applicable appeal period.  Accordingly, this matter is hereby REMANDED for the following action:

1. Ask the Veteran to identify his income, and any unreimbursed medical expenses paid that may offset the amount of his countable income for pension calculation purposes, for the applicable period in question.  Include Improved Pension Eligibility Verification and Medical Expense Reports, and any other forms required for a full and accurate reporting of the Veteran's income and expenses for the period in question.  

 

 

Nathaniel Doan

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.