Citation Nr: 21073903 Decision Date: 12/13/21 Archive Date: 12/13/21 DOCKET NO. 15-22 996A DATE: December 13, 2021 REMANDED The issue of entitlement to improved death pension benefits for a surviving child is remanded. REASONS FOR REMAND The Veteran served on active duty from February 1941 to November 1941, and from October 1942 to December 1944. He died in May 1987. The appellant claims benefits as his helpless child. This matter comes before the Board of Veterans' Appeals (Board) from a November 2013 decisional letter of the Department of Veterans Affairs (VA), Pension Management Center (PMC) in St. Paul, Minnesota. The appellant testified at a hearing before the undersigned Veterans Law Judge (VLJ) in June 2017. A transcript of the hearing is of record. In April 2018 the Board remanded the appellant's claim for the Agency of Original Jurisdiction (AOJ) to adjudicate in the first instance whether the appellant's underlying eligibility claim of permanent incapacity for self-support should be reopened. In a July 2018 decision, the AOJ established permanent incapacity for self-support for the appellant. In September 2018, the Board denied the claim of entitlement to survivor's pension benefits. The Veteran appealed the September 2018 decision to the United States Court of Appeals for Veterans Claims (Court). By a December 2019 Memorandum Decision, the Court vacated the Board's decision and remanded the claim for action consistent with the Memorandum Decision. In July 2020, the Board remanded the issue currently on appeal to the AOJ for additional development. After taking further action, the AOJ confirmed and continued the prior denial and returned the case to the Board. See April 2021 supplemental statement of the case. In June 2021, the Board again remanded the issue currently on appeal to AOJ for additional development. After taking further action, the AOJ confirmed and continued the prior denial and returned the case to the Board. See October 2021 supplemental statement of the case. The issue of entitlement to improved death pension benefits for a surviving child is remanded. The appellant is seeking survivor's pension benefits based on her status as a helpless child. The AOJ has determined that the appellant was permanently incapable for self-support by reason of mental or physical defect prior to turning 18. Therefore, the remaining question is whether the appellant's countable income has exceeded the relevant maximum allowable pension rate (MAPR) for a surviving child. For purposes of calculating countable income, Social Security Administration (SSA) benefits paid under the Old Age and Survivors Insurance (OASI) and Social Security Disability Insurance (SSDI) programs are included as countable income. 38 C.F.R. § 3.262(f). However, Supplemental Security Income (SSI) is not considered countable income for pension purposes. The June 2021 Board remand, in pertinent part, requested that the AOJ obtain from SSA a monthly breakdown of SSDI and/or OASI benefits received by the appellant for the period from January 2009 to the present. In a July 2021 letter to SSA, the AOJ requested a monthly breakdown of the appellant's SSDI and/or OASI benefits from January 2009 to the present. In a July 2021 SSA inquiry report, SSA provided the appellant's Social Security income amounts from December 2013 but did not specify whether or not these amounts were SSDI, OASI, or SSI. That document noted that the appellant was qualified for Title XVI (SSI) benefits and Title II (SSDI) benefits. No information was provided with respect to the SSDI and/or OASI amounts received by the appellant during the period from January 2009 to the present. Accordingly, due to the above-referenced deficiency, the Board finds that there has not been substantial compliance with its prior remand directives. As such, remand is warranted for clarification of the SSDI amounts received by the appellant during the period from January 2009 to the present. The matter is REMANDED for the following action: 1. Obtain from SSA a monthly breakdown of SSDI and/or OASI benefits received by the appellant for the period from January 2009 to the present. If this information cannot be located, a formal finding to that effect should be made and associated with the record, and the appellant should be notified. 2. The AOJ should then review the claims file to ensure substantial compliance with the above-listed remand directive. Stegall v. West, 11 Vet. App. 268 (1998). 3. After completing the above, and any further development deemed necessary, readjudicate the issue on appeal, to include a recalculation of the appellant's VA improved death pension benefits for a surviving child. If any benefit sought remains denied, the appellant should be issued a supplemental statement of the case. An appropriate period of time should be allowed for response. S.C. Krembs 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.