Citation Nr: 21072470 Decision Date: 12/03/21 Archive Date: 12/03/21 DOCKET NO. 19-02 977 DATE: December 3, 2021 ORDER The change in the Veteran's means test eligibility category from copay exempt to copay required in the VA healthcare system for income year 2016 was improper, and the appeal is granted. FINDINGS OF FACT 1. The Veteran's attributable household income for the year 2016 exceeded the VA National Means Test threshold of $32,074 for a veteran with no dependents. 2. The Veteran's household income for 2017 was substantially less than the VA National Means Test threshold. CONCLUSION OF LAW The criteria for treatment without a copay in the VA healthcare system for income year 2016 have been met. 38 U.S.C. §§ 1710, 1722, 5107(b); 38 C.F.R. §§ 3.271, 3.272, 17.36, 17.47. REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran had active service from August 1970 to August 1975. Income Verification Match (IVM) is a secure procedure by which VA may obtain income information from the Social Security Administration and the Internal Revenue Service (IRS), in order to verify income amounts that are reported to VA. The adjudication of this matter involves information provided by SSA and the IRS for 2016. However, to avoid disclosure of sensitive information, the Board's decision does not directly cite dollar amounts included in any IVM report that has not been verified by the Veteran. Therefore, the text of this decision is not subject to the additional protections required under the IVM procedures. This claim was previously before the Board in March 2020, at which time the Board remanded it for additional development. The requested development has been completed, and the claim is properly before the Board for appellate consideration. Whether the change in the Veteran's means test eligibility category from copay exempt to copay required in the VA healthcare system for income year 2016 was proper VA shall furnish hospital care and medical services to any veteran who is unable to defray the expenses of necessary care. 38 U.S.C. §§ 1710(a)(2)(G). For the purposes of 38 U.S.C. § 1710(a)(2)(G), a veteran shall be considered to be unable to defray the expenses of necessary care if his attributable income is not greater than a specified income threshold, which is updated annually. 38 U.S.C. § 1722 (a)-(c). If a veteran does not qualify under 38 U.S.C. § 1710(a)(2)(G), he or she will be responsible for a copayment for VA healthcare services that relate to nonservice-connected disabilities. The Means Test income threshold is updated annually and published in the Federal Register. See 38 U.S.C. § 1722; 38 C.F.R. § 17.36. For the year 2016, the National Means Test threshold was $32,074 for a veteran with no dependents. Determinations with respect to attributable income shall be made in the same manner, including the same sources of income and exclusions from income, as determinations with respect to income that are made for assessing eligibility for pension under 38 C.F.R. §§ 3.271 and 3.272. Payments from any source shall be counted as income during the 12-month annualization period in which received unless specifically excluded under 38 C.F.R. § 3.272. See 38 C.F.R. § 3.271. The term "attributable income" means income for the calendar year preceding application for care, determined in the same manner in which an income determination is made for pension purposes under 38 U.S.C. § 1521. See 38 U.S.C. § 1722(f)(1), (3); 38 C.F.R. § 17.47(d)(4). The IVM reports show that the Veteran's income for 2016 was approximately $17,000 greater than the National Means Test for a veteran with no dependents. The 2017 tax return submitted by the Veteran shows that his income was approximately $16,000. The Veteran wrote in August 2018 that he had been below the poverty line from January 2017 to the present. The record shows that the 2017 income was substantially below the National Means Test threshold. Consequently, to avoid hardship, the Board finds that the Veteran should not be assigned a copayment in conjunction with VA health care for income year 2016, and the Veteran's claim on appeal should therefore be granted. 38 U.S.C. § 1722(e); 38 C.F.R. § 17.47(d)(6). H.M. WALKER Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Scott Shoreman, 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.