Citation Nr: 21073803
Decision Date: 12/10/21	Archive Date: 12/10/21

DOCKET NO. 15-41 219A
DATE: December 10, 2021

REMANDED

Entitlement to survivors' pension benefits is remanded.

REASONS FOR REMAND

The Veteran served on active duty from November 1945 to October 1947.  Unfortunately, the Veteran passed away in July 2013.  The appellant is his surviving spouse. 

The appellant testified before the undersigned Veterans Law Judge (VLJ) at an October 2021 Board Hearing.  The claims file contains a transcript of the hearing.

Although the Board sincerely regrets the additional delay, a remand is necessary to ensure that there is a complete record upon which to decide the appellant's claim and to afford her every possible consideration.

The appellant seeks to establish entitlement to survivors' pension benefits.  She filed her claim in April 2015.  The appellant reported that she has been in receipt of Social Security income throughout the period on appeal.  In her April 2015 VA Form 21-0518-1, the appellant reported that she was in receipt of Social Security income in the amount of $925 per month.  At the October 2021 Board hearing, she reported that she was in receipt of Social Security income in the amount of $1,113 per month.  

The record contains a May 2015 Social Security Administration (SSA) inquiry report, which shows that the appellant's Social Security income was $1,029.90 per month effective March 2015.  The record does not show that the Agency of Original Jurisdiction has performed any development in order to verify the appellant's Social Security income since May 2015.  Accordingly, a remand is required in order to undertake additional efforts to verify such income. 

Moreover, in November 2021, the appellant submitted evidence of unreimbursed during the relevant period on appeal.  On remand, such expenses should be considered in adjudicating her entitlement to survivors' pension benefits.

The matters are REMANDED for the following action:

Verify the appellant's Social Security income for all periods from April 2015 to the present.  All efforts to obtain such information must be documented in the claims file.

 

 

MICHELLE L. KANE

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. Ragheb, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.