Citation Nr: 21016062 Decision Date: 03/19/21 Archive Date: 03/19/21 DOCKET NO. 15-07 404 DATE: March 19, 2021 REMANDED The matter of whether VA correctly reduced the Veteran’s nonservice-connected pension benefits due to previously unreported income is remanded. REASONS FOR REMAND The Veteran served on active duty from November 1970 to November 1972. This matter comes to the Board of Veterans’ Appeals (Board) from an October 2014 decision which reduced the Veteran’s nonservice-connected pension benefits due to previously unreported income. In December 2015, the Veteran testified before a Veterans Law Judge (VLJ) at a Board videoconference hearing. A copy of the transcript is of record. In July 2018, the Board remanded the matter for further development, to include obtaining information on the Veteran’s income and unreimbursed medical expenses since November 1, 2010. In a January 2021 letter, the Veteran was notified that the VLJ who presided at his hearing was no longer with the Board and he was offered the opportunity to testify at another Board hearing. He was informed that if he did not respond, the Board would assume he did not desire another Board hearing. To date, no response has been received. Therefore, the Board has proceeded with appellate review of his claim. The matter of whether VA correctly reduced the Veteran’s nonservice-connected pension benefits due to previously unreported income is remanded. The Board cannot make a fully-informed decision on this matter at this time. In July 2018, the Board remanded the matter for further development, to include obtaining information on the Veteran’s income and unreimbursed medical expenses since November 1, 2010. In March 2019, VA sent the Veteran a letter requesting the Veteran provide evidence of income and unreimbursed medical expenses from November 1, 2010 to the present and complete VA Form 3288 so that information could be obtained from the Federal Retirement Thrift Investment Board and the Defense Finance Account Services (DFAS). In April 2019, VA issued a supplemental statement of the case (SSOC) and indicated that no response had been received from the Veteran. However, in May 2019 correspondence, the Veteran indicated that he had responded to VA’s request for information. Upon review of the claims file, any evidence received from the Veteran in response to the March 2019 VA letter, including a completed VA Form 3288 and evidence pertaining to the Veteran’s unreimbursed medical expenses, has not been associated with the claims file. Therefore, the Board finds that a remand is warranted so that VA can associate this evidence with the Veteran’s claims file, or if it cannot be found, request this information again. The matter is REMANDED for the following actions: 1. Associate any evidence received from the Veteran in response to VA’s March 2019 request for information, including a completed VA Form 3288 and evidence pertaining to unreimbursed medical expenses since November 1, 2010. If such evidence cannot be found, request the Veteran provide a completed VA Form 3288 and information pertaining to unreimbursed medical expenses since November 1, 2010. 2. Thereafter, contact the Federal Retirement Thrift Investment Board and DFAS and request a payment history to the Veteran from November 1, 2010. 3. After completing the above, and any other development as may be indicated, the Veteran’s claim should be readjudicated based on the entirety of the evidence. If the claim remains denied, the Veteran and his representative should be issued a supplemental statement of the case (SSOC). An appropriate period of time should be allowed for response. Thereafter, the case should be returned to the Board for further appellate consideration, if otherwise in order. K. Parakkal Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board S. Owen, 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.