Citation Nr: 21072243 Decision Date: 12/02/21 Archive Date: 12/02/21 DOCKET NO. 19-26 315 DATE: December 2, 2021 REMANDED The issue of whether VA correctly granted survivor's pension benefits effective April 16, 2018 and terminated pension on May 1, 2019 is remanded. REASONS FOR REMAND The Veteran had active military service from August 1965 to October 1967. He died in April 2018. The appellant is his surviving spouse. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a Department of Veterans Affairs (VA) Regional Office (RO)'s February 2019 decision. In October 2019, the Board issued a decision denying the appellant's appeal, then characterized as entitlement to death pension benefits from May 1, 2019. She appealed to the Court of Appeals for Veterans Claims (Court). In an April 2021 memorandum decision, the Court vacated the Boards October 2019 decision and remanded the appellant's appeal back to the Board for action consistent with that decision. VA correspondence dated August 3, 2021 has been issued to the appellant, informing her that she may submit any additional argument or evidence within 90 days of the date of the letter or waive the 90 day period if she would like the Board to proceed to immediate adjudication of the appeal for the issue vacated by the Court. In October 2021, the appellant waived the 90 day period. Further, the 90 day period has elapsed. Thus, the Board may proceed with appellate review. Whether VA correctly granted survivor's pension benefits effective April 16, 2018 and terminated pension on May 1, 2019 In its October 2019 decision, the Board upheld the RO's February 2019 decision in which the appellant was granted entitlement to VA survivor's pension benefits from April 16, 2018 to April 30, 2019 but terminated them effective May 1, 2019 because the appellant's had excessive income as of that date. In its April 2021 memorandum decision, the Court (with the Secretary's agreement) found that the Board's reasons and bases were inadequate essentially because it failed to discuss inconsistent evidence of record indicating that the appellant may have paid medical insurance premiums during the applicable period. Thus, the Court found (as the Secretary pointed out) that it is not clear whether the appellant has unreimbursed medical expenses that should be deducted from her countable income that would reduce her annual income to below the applicable income limit. Upon review, the Board finds that remand is warranted to determine what, if any, unreimbursed medical expenses the appellant may have had, to include medical insurance premiums paid through her Social Security benefits. A data match with the Social Security Administration (SSA) in January 2019 showed that the state had paid the appellant's Medicare Part B insurance premiums since September 2006. However, the appellant submitted an April 2019 letter from the SSA in which it indicated the appellant would begin paying $135.50 in medical insurance premiums in February 2019. The appellant also has submitted statements in which she indicated she would be paying her premiums through her Social Security benefits and that she then should qualify for pension. But a June 2019 SSA data match indicates that the state again began paying the appellant's Medicare Part B insurance premiums in May 2019. Consequently, it is unclear as to when and how much the appellant paid her medical insurance premiums for Medicare Part B. As such, the Board finds remand is warranted to seek verification. The matters are REMANDED for the following actions: 1. Contact the SSA and ask them to provide a payment history for the appellant's Social Security benefits from April 2018 through December 2019. For any medical insurance premiums paid by the appellant through deduction from her Social Security benefits, ask SSA to identify the type of medical insurance paid for (e.g., Medicare Part B). 2. Contact the appellant and ask her whether she received reimbursement for any medical insurance premiums she paid by deduction from her Social Security benefits for the period from April 2018 to December 2019, to include from her state's Medicaid program, and, if so, how much was received. 3. Thereafter, readjudicate the appellant's pension entitlement taking into consideration whether she is entitled to a deduction for unreimbursed medical expenses from April 2018, when she became entitled to pension benefits. M. ESPINOZA Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board S.M. Kreitlow 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.