Citation Nr: 21021406 Decision Date: 04/12/21 Archive Date: 04/12/21 DOCKET NO. 17-20 629 DATE: April 12, 2021 ORDER Entitlement to nonservice-connected pension benefits is denied. REMANDED Entitlement to service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD), is remanded. Entitlement to service connection for psoriasis is remanded. Entitlement to service connection for headaches is remanded. Entitlement to service connection for a pituitary tumor is remanded. FINDING OF FACT The Veteran failed to comply to VA’s request for income information. CONCLUSION OF LAW The criteria for nonservice-connected pension benefits have not been met. 38 U.S.C. § 1521; 38 C.F.R. §§ 3.23, 3.271, 3.272. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty with the United States Air Force from February 1996 to October 1998. These matters come before the Board of Veterans’ Appeals (Board) on appeal of a December 2013 rating decision. The Veteran was previously represented in this appeal by a private attorney who withdrew from representation in January 2018. The Veteran has not appointed a new representative and proceeds pro se. In February 2021, the Veteran testified at a hearing before the undersigned Veterans Law Judge. A copy of the hearing transcript is in the Veteran’s file. The Board has broadened the Veteran’s claim for PTSD to include all psychiatric disorders. 1. Entitlement to nonservice-connected pension benefits Basic entitlement to an improved monthly pension exists if a veteran (1) served in the active military, naval or air service for 90 days or more during a period of war (38 U.S.C. § 1521(j)); (2) meets the net worth requirements under 39 C.F.R. §3.274; (3) does not have an annual income in excess of the applicable maximum annual pension rate; (4) and is age 65 or older or is permanently and totally disabled from nonservice-connected disability not due to the veteran’s own willful misconduct. 38 C.F.R. § 3.3(a)(3). The evidence shows that the Veteran meets the service requirements for nonservice-connected pension as he served during a period of war. However, the evidence does not show that the Veteran meets the income and net worth requirements for an award of nonservice-connected pension. In correspondence dated in November 2018, the RO requested that the Veteran provide income information to support his claim. To date, he has not supplied the requested information. Moreover, the Veteran testified at the February 2021 Board hearing that he has been employed for the past 19 months and that prior to his current job, he had been continually working for the past six years. Thus, the evidence shows that he, in fact, has maintained employment throughout most of the appeal period. As the Veteran has not provided the information necessary to substantiate his claim, there is no basis upon which the claim for nonservice-connected pension can be awarded. Absent any information as to income, the Board need not address whether the Veteran is permanently and totally disabled from non-service-connected disability. Accordingly, the Board finds that the preponderance of the evidence is against the claim of entitlement to nonservice-connected pension benefits, and the claim must be denied. REASONS FOR REMAND 1. Entitlement to service connection for an acquired psychiatric disorder, to include PTSD, is remanded. The Veteran claims that he has a psychiatric disorder related to service. Specifically, he alleges that he was subject to racism and harassment from fellow service members and superiors. The Veteran’s service personnel records show that in April 1998, the Veteran requested a meeting with his Sergeant to discuss unfair treatment and harassment while performing his duties. VA outpatient treatment records show diagnoses of depression and anxiety disorder. On remand, a VA examination is needed to determine the etiology of all present psychiatric disorders. 2. Entitlement to service connection for psoriasis and for headaches is remanded. The Veteran testified at Board hearing that his psoriasis and headaches began in service. He has not been afforded a VA examination with respect to these issues. Further, the Veteran claims that his psoriasis and headaches are secondary to a psychiatric disorder. Therefore, if service connection is granted for a psychiatric disorder, a VA opinion would be required to determine if the Veteran’s psoriasis and headaches are secondary to a psychiatric disorder. 3. Entitlement to service connection for a pituitary tumor is remanded. The Veteran testified at the Board hearing that his pituitary tumor is the result of head injury that occurred during service. The Veteran’s service treatment records confirm that he sustained a head injury. Accordingly, the Board finds that a VA examination is warranted to determine the etiology of the Veteran’s claimed pituitary tumor. The matters are REMANDED for the following action: 1. The Veteran should be afforded a VA examination to determine the nature and possible relationship to service of any and all psychiatric disorders that may be present. The entire claims file should be made available to and be reviewed by the examiner, and it should be confirmed that such records were available for review. Any indicated tests and studies must be accomplished, and all clinical findings must be reported in detail and correlated to a specific diagnosis. An explanation for all opinions expressed must be provided. (a) The examiner must identify all current psychiatric disorders, to include whether the Veteran has PTSD. (b) If the Veteran meets the criteria for PTSD, what reported stressor or stressors support such a diagnosis? (b) For each disorder identified other than PTSD, the examiner must state whether it is at least as likely as not (a 50 percent or better probability) the disorder is causally or etiologically related to the Veteran’s military service. A rationale for all opinions expressed should be provided. 2. Schedule the Veteran for an appropriate VA examination to assess the etiology of his psoriasis, headaches, and pituitary tumor. All indicated tests and studies are to be performed in conjunction with the examination. (a) The examiner should opine as to whether it is at least as likely as not (a 50 percent or better probability) that the Veteran’s psoriasis had its clinical onset during service or is related to any circumstance of service. (b) The examiner should opine as to whether it is at least as likely as not (a 50 percent or better probability) that the Veteran’s headaches had its clinical onset during service or is related to any circumstance of service. (c) The examiner should opine as to whether it is at least as likely as not (a 50 percent or better probability) that the Veteran’s pituitary tumor had its clinical onset during service or is related to any circumstance of service. (d) The examiner should also opine as to whether it is at least as likely as not (a 50 percent or better probability) that the Veteran’s psoriasis and headaches are caused or aggravated by a psychiatric disorder. A rationale for all opinions expressed should be provided. Evan M. Deichert Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board J. Henriquez, 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.