Citation Nr: 21075091 Decision Date: 12/17/21 Archive Date: 12/17/21 DOCKET NO. 16-33 939 DATE: December 17, 2021 REMANDED Whether the Veteran's nonservice-connected pension benefits were properly adjusted due to calculation based on Social Security Administration (SSA) benefits is remanded. REASONS AND BASES FOR REMAND The Veteran served on active duty from September 1989 to September 1992. The case is on appeal from an April 2013 decision. The Veteran requested a Board hearing in a July 2016 VA Form 9. However, in a November 2020 statement, the Veteran requested that the hearing be cancelled. Therefore, the hearing request is considered withdrawn. See 38 C.F.R. § 20.704(e). The Veteran contends that VA erred in calculating his pension benefits. In a May 2012 statement, the Veteran reported that he was arrested for a crime in March 2011 and since remained in prison due to being convicted of the crime in May 2012. In the July 2016 VA Form 9, he argued that VA should not have included Social Security Administration (SSA) income that he was entitled to receive but was not actually paid because of SSA rules against payment of benefits to individuals in prison. The Board notes that Supplemental Security Income (SSI) is a Federal income supplement program that includes a mandatory requirement that the payee has limited financial resources, including income which does not exceed a maximum prescribed amount. SSI payments are not considered as countable income for nonservice-connected pension purposes because they are akin to a charitable donation. See 38 C.F.R. § 3.272. Social Security Disability Income (SSDI) is considered countable income. See 38 C.F.R. § 3.271. It is not clear from the record whether the Veteran's Social Security income was SSI or SSDI. To this point, SSA inquiry reports in the claims file showed Title XVI status and the notation "Final Determination Allowance" in the SSI field. Therefore, clarification is needed before the claim can be decided on the merits. On remand, clarification should also be obtained from SSA regarding when the Veteran actually stopped receiving payment, and if he was required to repay any amount to SSA after his payments were stopped due to his imprisonment. The matter is REMANDED for the following action: 1. Obtain the Veteran's records from the SSA, including whether he was in receipt of SSI or SSDI, when his benefits were discontinued due to imprisonment, and if he repaid any overpayment that may have existed at the time that the benefits were discontinued. Document all requests for information and all responses in the claims file. If no records are available, the claims folder must indicate this fact, and the Veteran must be notified in writing, including the efforts that VA made to obtain the records, the fact that VA will not take any further steps to obtain them, and that he is ultimately responsible for providing the evidence. 2. Then, readjudicate the issue on appeal. If the benefit sought on appeal is not granted to the Veteran's satisfaction, furnish to the Veteran and his representative a supplemental statement of the case and afford them the requisite opportunity to respond. Thereafter, if indicated, the case should be returned to the Board for further appellate action. By this remand, the Board intimates no opinion as to any final outcome warranted. R.M. KELLY Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board D. Jimerfield 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.