Citation Nr: 21074041 Decision Date: 12/14/21 Archive Date: 12/14/21 DOCKET NO. 17-21 784 DATE: December 14, 2021 REMANDED Entitlement to accrued benefits in excess of $1,530.00 is remanded. REASONS FOR REMAND The Veteran served on active duty from January 1945 to November 1946. He died in November 2008. The Veteran's spouse, K.C. filed a claim for death pension with special monthly pension benefits due to the need for regular aid and attendance in August 2014. Basic entitlement to special monthly pension based on the need for regular aid and attendance was granted effective August 15, 2014, in an October 2014 rating decision. However, entitlement to payment to pension benefits was denied in November 2014 based on countable income. K.C. appealed the November 2014 decision. She died in March 2015. The appellant is the son of K.C. and the Veteran. The matter comes before the Board of Veterans' Appeals on appeal from a December 2016 decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). In a February 2019 decision, the Board denied the appellant's claim for accrued benefits in excess of $1,530.00. The Veteran appealed the Board's February 2019 decision to the U.S. Court of Appeals for Veterans Claims (CAVC). In August 2020, CAVC vacated and remanded the appeal for the Board to reassess whether the Veteran's spouse died from an acute attack or from a lingering or prolonged illness. The Board remanded the appeal in May 2021. Unfortunately, an additional remand is warranted in this case. Entitlement to accrued benefits in excess of $1,530.00 is remanded. The record shows that correspondence, to include the Board's May 2021 remand, a May 2021 request to clarify representation, and a September 2021 Supplemental Statement of the Case were returned to VA as undelivered. A June 2021 letter notified the appellant of the returned mail, and noted that an address in Lutherville, Maryland had been discovered. The appellant was asked to contact the RO to correct his contact information. He did not respond to this letter. While the returned mail shows the Lutherville, Maryland address listed on the letterhead and cover, the returned envelope listed a Baltimore, Maryland address. As such, the Board finds that an additional effort should be made to send a copy of the returned Board remand, request to clarify representation, and Supplemental Statement of the Case to the updated Lutherville, Maryland address. The Board's May 2021 remand order requested that the appellant provide documentation of receipts and any other proof of the expenses that he paid on behalf of the widow's last sickness. In March 2016, the appellant listed amounts paid by him for K.C.'s last sickness, to include the balance of her assisted living costs. On remand, the appellant may submit any additional evidence in support of the appeal. Finally, the record shows that the underlying question of entitlement to death pension with special monthly pension based on countable income, for accrued benefits purposes, has not been adjudicated in the first instance. K.C. identified income from Social Security Administration benefits and retirement income in her initial claim. Prior to her death, she also submitted a March 2015 Assisted Living Care Expense Statement and Medical Expense Report, certifying the $5,150.00 a month cost of her assisted living care, and certifying that she only paid $2,350 per month from her own funds for her assisted living and $104.90 a month for Medicare. The Board emphasizes that only medical expenses in excess of five percent of the maximum annual pension rate (MAPR) paid by K.C. during the seven-month appeal period from August 15, 2014 to the date of her death in March 2015 may be counted to reduce income. Thus, the K.C.'s rate of pension should be calculated to determine the amount of accrued benefits available for reimbursement. The matters are REMANDED for the following action: 1. Mail a copy of the May 2021 Board remand, a May 2021 request to clarify representation, and a September 2021 Supplemental Statement of the Case, which were returned to VA as undelivered, to the appellant at his updated address in Lutherville, Maryland address. Ensure that the mailing label reflects the correct address. 2. Request that the appellant provide any additional documentation of receipts and any other proof of the expenses that he paid on behalf of the widow's last sickness. 3. Adjudicate the issue of entitlement to death pension with special monthly pension based on K.C.'s countable income, for accrued benefits purposes, in the first instance to determine the amount of the available award. (Continued on the next page) In adjudicating the issue, the AOJ should note that in a March 2015 Assisted Living Care Expense Statement and Medical Expense Report, K.C. certified that she paid $2,350.00 per month out of the $5,150.00 due for assisted living from her own funds and she paid for Medicare expenses. Only unreimbursed medical expenses paid by K.C. during the appeal period from August 15, 2014 to March 25, 2015 may be counted to reduce income. 4. If the benefit sought is not granted, issue a Supplemental Statement of the Case. K. Parakkal Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Christine C. Kung 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.