Citation Nr: 21010047
Decision Date: 02/24/21	Archive Date: 02/23/21

DOCKET NO. 14-26 236
DATE: February 24, 2021

REMANDED

The propriety of termination of death pension benefits effective November 1, 2013, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from July 1954 to July 1957 and from January 1961 to September 1962.  The Veteran died in September 2013.  The Appellant is the Veteran’s surviving spouse.  The case was most recently before the Board in July 2020 for further development.

Unfortunately, once again there has not been substantial compliance with the Board’s previous remand directives.  In July 2020, the Board determined that the RO failed to calculate the Appellant’s countable income for each annualization period from 2013 to the present using the information already associated with the claim file, depsite the Appellant not having responded to requests for information in June 2019 and February 2020. The RO was again instructed to consider the evidence already of record regarding the Appellant’s reported income and expenses, and calculate her monthly income and unreimbursed medical expenses for each annualization period from 2013 to the present.  

Though there appears to be some user calculations of record, they do not identify the source of information for the medical expenses nor do they contain a comparision to the maximum annual pension rate (MAPR) for the years in question as requested.  Moreover, these calculations were not provided to the Appellant and the supplemental statement of the case issued in September 2020 again indicated that the RO could not consider the Appellant’s benefit entitlement because she did not respond to letters sent to her, most recently in July 2020. 

Consequently, as the RO failed to comply with the July 2020 Board remand, another remand is required.  Stegall v. West, 11 Vet. App. 268, 271 (1998).

The matter is REMANDED for the following action:

1. Using the information already of record, the RO should prepare an audit of the Appellant’s income and expenses for each year of the annualization period from 2013 to the present.  This audit should show how the Appellant’s income was calculated and any exclusions from income during the applicable period and must be compared to the MAPR for the year in question to determine whether her income exceeds the MAPR. The Appellant must be provided a copy of the audit.  

2.  Thereafter, using the information already of record, the RO must readjudicate the claim.  The readjudication must clearly detail and explain how all monthly income and expenses, as well as annualized income and expenses, were calculated for each year of the appeal period from 2013 to the present. 

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3.  If upon completion of the above action, the claim remains denied, the case should be returned to the Board after compliance with appellate procedures.  

 

 

E. I. VELEZ

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	K. L. Wallin, 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.