Citation Nr: 21015861 Decision Date: 03/18/21 Archive Date: 03/18/21 DOCKET NO. 14-00 316 DATE: March 18, 2021 REMANDED 1. The issue of whether the overpayment of nonservice-connected pension benefits in the amount of $3,315.00 was properly created is remanded. 2. The issue of waiver of overpayment of nonservice-connected pension benefits in the amount of $3,315.00 is remanded. REASONS FOR REMAND The Veteran served on active duty in the U.S. Air Force from August 1972 to January 1975. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a December 2012 decision by a Department of Veterans Affairs (VA) Regional Office (RO) and an August 2013 decision by the VA Debt Management Center. The Board has determined that clarification of the record is necessary and the matter is REMANDED for the directives below. The Veteran testified before the undersigned Veterans Law Judge at a January 2021 videoconference hearing. A transcript of this hearing is of record. 1. The issue of whether the overpayment of nonservice-connected pension benefits in the amount of $3,315.00 was properly created is remanded. 2. The issue of a waiver of overpayment of nonservice-connected pension benefits in the amount of $3,315.00 is remanded. The Veteran is contesting the creation of an overpayment of nonservice-connected pension benefits and requesting a waiver if the overpayment finding is proper. During the January 2021 Board hearing, he reported that the RO improperly attributed employment income to him in finding that he was improperly granted pension benefits. In May 2011, the Veteran requested a nonservice-connected pension due to disability. In an October 2011 telephone call with the Veteran’s mother, she reported that he was working 25 hours per week and making $7.25 per hour. In a rating decision issued later in October 2011, the RO granted pension benefits based on a finding of permanent and total disability. He was awarded $200 per month based on annualized income of $9,425. In a November 2011 statement, the Veteran denied working and reported that he instead receives $841 per month in Social Security Administration (SSA) disability benefits. In December 2011, the Veteran submitted a state Department of Labor separation notice showing that he last worked on November 12, 2011. In a December 2011 decision, the RO found that the Veteran should not have been granted pension benefits due to receiving income of $9,425 from the part time job and SSA disability income. An overpayment of $3,315 was created for the pension benefits paid. In June 2012, the Veteran requested the addition of a dependent daughter for calculating his pension benefits. In January 2013, he again requested the addition of a dependent daughter for benefits. He also reported that his daughter lives with her mother and that he pays child support. Thereafter, in a May 2013 correspondence, the Veteran stated that the overpayment was based on a misunderstanding and requested waiver of the overpayment balance. In an August 2013 decision, the RO found that the Veteran’s waiver of overpayment requests was not timely. Subsequently, in a January 2015 decision, the RO found that the Veteran’s daughter qualified as a dependent and granted entitlement to pension benefits effective June 2012. Given that the RO has found that the Veteran was entitled to pension benefits for at least a portion of the period that was the basis for creation of the overpayment of pension benefits, the Board finds that a remand is required. The Veteran should be asked to provide information pertaining to his income and medical expenses throughout the appeal period. Thereafter, the RO should provide a detailed, yet straightforward, accounting of actual overpayment of pension benefits (to include listing all monies paid to the Veteran, the dates on which those payments were made, and how VA arrived at the payments; verifying the Veteran’s actual annualized income; and determining the actual amount of pension benefits warranted throughout the appeal period). The accounting should be sent to the Veteran and associated with the record. The issue of waiver of the overpayment is also remanded because it is intertwined with the issue of the propriety of the created overpayment. The matters are REMANDED for the following actions: (Continued on the next page)   1. Ask the Veteran to provide information regarding his employment, income, and medical expenses during the appeal period for nonservice-connected pension. 2. Create a clear accounting as to how the Veteran’s total of overpayment of pension benefits based on the record and any additional information submitted by the Veteran. Then, provide a detailed, yet straightforward, accounting showing how the total overpayment, to include listing all monies paid to the Veteran, the dates on which those payments were made, and how VA arrived at the payments; verifying the Veteran’s actual annualized income; and determining the actual amount of pension benefits warranted throughout the appeal period. Vito A. Clementi 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.