Citation Nr: 21025332 Decision Date: 04/27/21 Archive Date: 04/27/21 DOCKET NO. 17-44 819 DATE: April 27, 2021 ORDER The decision to reduce the appellant’s survivors’ pension benefits for the period from February 1, 2004 to June 30, 2015 was proper; the appeal of that issue is denied. The decision to terminate the appellant’s survivors’ pension benefits effective July 1, 2015 was proper; the appeal of that issue is also denied. FINDINGS OF FACT 1. For the period from February 1, 2004 to November 30, 2004, the maximum annual pension rate (MAPR) that applied to a surviving spouse with no dependent children exceeded the appellant’s annualized income by approximately $2,974. 2. For the period from December 1, 2004 to January 31, 2005, the MAPR that applied to a surviving spouse with no dependent children exceeded the appellant’s annualized income by approximately $3,058. 3. For the period from February 1, 2005 to April 30, 2005, the MAPR that applied to a surviving spouse with no dependent children exceeded the appellant’s annualized income by approximately $3,264.30. 4. For the period from May 1, 2005 to November 30, 2005, the MAPR that applied to a surviving spouse with no dependent children exceeded the appellant’s annualized income by approximately $3,261.90. 5. For the period from December 1, 2005 to December 31, 2005, the MAPR that applied to a surviving spouse with no dependent children exceeded the appellant’s annualized income by approximately $3,374.30. 6. For the period from January 1, 2006 to November 30, 2006, the MAPR that applied to a surviving spouse with no dependent children exceeded the appellant’s annualized income by approximately $3,182. 7. For the period from December 1, 2006 to November 30, 2007, the MAPR that applied to a surviving spouse with no dependent children exceeded the appellant’s annualized income by approximately $3,285. 8. For the period from December 1, 2007 to November 30, 2008, the MAPR that applied to a surviving spouse with no dependent children exceeded the appellant’s annualized income by approximately $3,370. 9. For the period from December 1, 2008 to November 30, 2011, the MAPR that applied to a surviving spouse with no dependent children exceeded the appellant’s annualized income by approximately $3,565. 10. For the period from December 1, 2011 to November 30, 2012, the MAPR that applied to a surviving spouse with no dependent children exceeded the appellant’s annualized income by approximately $3,682. 11. For the period from December 1, 2012 to November 30, 2013, the MAPR that applied to a surviving spouse with no dependent children exceeded the appellant’s annualized income by approximately $3,751. 12. For the period from December 1, 2013 to November 30, 2014, the MAPR that applied to a surviving spouse with no dependent children exceeded the appellant’s annualized income by approximately $3,805. 13. For the period from December 1, 2014 to June 30, 2015, the MAPR that applied to a surviving spouse with no dependent children exceeded the appellant’s annualized income by approximately $3,878. 14. For the period from July 1, 2015, the appellant’s annualized income exceeded the relevant MAPR that applied to a surviving spouse with no dependent children. CONCLUSIONS OF LAW 1. The decision to reduce the appellant’s survivors’ pension benefits for the period from February 1, 2004 to June 30, 2015 was proper. 38 U.S.C. § 1521; 38 C.F.R. §§ 3.3, 3.23, 3.271, 3.272, 3.273. 2. The decision to terminate the appellant’s survivors’ pension benefits effective July 1, 2015 was proper. 38 U.S.C. § 1521; 38 C.F.R. §§ 3.3, 3.23, 3.271, 3.272, 3.273. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty in the United States Army from November 1973 to November 1975. His decorations included the National Defense Service Medal, the Marksman (Rifle) Badge, and the Marksman (Hand Grenade) Badge. Unfortunately, he died in February 1985. The appellant is his surviving spouse. This matter comes to the Board of Veterans’ Appeals (Board) on appeal from a March 2016 determination issued by the Department of Veterans Affairs (VA) Pension Management Center in Milwaukee, Wisconsin. The March 2016 notification letter pertaining to the determination on appeal informed the appellant that her survivors’ pension benefits were reduced to $247 per month effective February 1, 2004; $254 per month effective December 1, 2004; $272 per month effective February 1, 2005; $271 per month effective July 1, 2005; $281 per month effective December 1, 2005; $265 per month effective January 1, 2006; $273 per month effective December 1, 2006; $280 per month effective December 1, 2007; $297 per month effective December 1, 2008; $306 per month effective December 1, 2011; $312 per month effective December 1, 2012; $317 per month effective December 1, 2013; and $323 per month effective December 1, 2014. The March 2016 notification letter also informed the appellant that her survivors’ pension benefits were terminated effective July 1, 2015. In May 2016, she filed a notice of disagreement with the reduction of her survivors’ pension benefits effective February 1, 2004, and the termination of her survivors’ pension benefits effective July 1, 2015. 1. The decision to reduce the appellant’s survivors’ pension benefits for the period from February 1, 2004 to June 30, 2015 was proper. Survivors pension benefits are available for a surviving spouse pursuant to 38 U.S.C. § 1541(a) and its implementing regulation, 38 C.F.R. § 3.3(b)(4). A surviving spouse is entitled to such benefits if two criteria are met. First, the Veteran must have had qualifying wartime service as defined in 38 C.F.R. § 3.3(a)(3)(i), (ii), and (iii). Second, the surviving spouse must meet the net worth requirements of 38 C.F.R. § 3.274 and have an annual income not in excess of the applicable MAPR specified in 38 C.F.R. §§ 3.23 and 3.24. Entitlement to survivors’ pension is established if, among other things, the appellant’s income is not in excess of the applicable MAPR, specified at 38 C.F.R. § 3.23, as changed periodically and reported in the Federal Register. See 38 U.S.C. § 1521. The maximum pension rate is reduced dollar for dollar by the amount of countable income of the appellant and any dependent(s). 38 U.S.C. § 1521; 38 C.F.R. § 3.23(d). In determining income for this purpose, payments of any kind from any source are counted as income during the 12-month annualization period in which received unless specifically excluded. 38 U.S.C. § 1503; 38 C.F.R. § 3.271. Unreimbursed medical expenses reduce countable income for VA pension purposes. Unreimbursed medical expenses in excess of five percent of the maximum annual pension rate, which have been paid by the appellant, may be excluded from an individual’s income for the same 12-month annualization period to the extent they were paid. 38 C.F.R. § 3.272(g)(1)(iii). Other expenses that may be excluded from countable income include: welfare; maintenance (including nursing home and home care fees); VA pension benefits; payments under Chapter 15 of Title 38, United States Code, including accrued pension benefits; reimbursements for casualty loss; profit from sale of property; and joint accounts (accounts and joints accounts in banks and similar institutions acquired by reason of death of the other joint owner). 38 C.F.R. § 3.272. From February 1, 2004 to November 30, 2004 For survivors’ pension purposes, the MAPR for a surviving spouse with no dependent children was $6,634 effective December 1, 2003. See Pension Rate Tables, effective December 1, 2003, available at https://www.benefits.va.gov/ PENSION/rates_survivor_pen03.asp (accessed on April 23, 2021). For the annualization period from February 1, 2004, the appellant had Social Security Administration (SSA) income of $305 per month ($3,660 per year). The appellant has not otherwise provided any additional income or net worth information or evidence and has not provided any evidence of eligible unreimbursed medical expenses or any other expenses that may be deducted from her income for purposes of calculating her countable income for survivors’ pension purposes. Based on the foregoing, the appellant’s annualized countable income for the period from February 1, 2004 was $3,660, which is below the relevant MAPR of $6,634 effective December 1, 2003. Accordingly, for the period from February 1, 2004 to November 30, 2004, survivors’ pension was warranted in the amount of the difference between the MAPR ($6,634) and the appellant’s annualized countable income ($3,660), which is $2,974 annually (approximately $247 per month). The record reflects that the agency of original jurisdiction (AOJ) reduced the appellant’s survivors’ pension benefits to $247 per month effective February 1, 2004. See March 2016 notification letter. For the reasons stated, that action was proper.  From December 1, 2004 to January 31, 2005 For survivors’ pension purposes, the MAPR for a surviving spouse with no dependent children was $6,814 effective December 1, 2004. See Pension Rate Tables, effective December 1, 2004, available at https://www.benefits.va.gov/ PENSION/rates_survivor_pen04.asp (accessed on April 23, 2021). For the annualization period from December 1, 2004, the appellant had SSA income of $313 per month ($3,756 per year). See June 2008 SSA inquiry report. The appellant has not otherwise provided any additional income or net worth information or evidence and has not provided any evidence of eligible unreimbursed medical expenses or any other expenses that may be deducted from her income for purposes of calculating her countable income for survivors’ pension purposes. Based on the foregoing, the appellant’s annualized countable income for the period from December 1, 2004 was $3,756, which is below the relevant MAPR of $6,814 effective December 1, 2004. Accordingly, for the period from December 1, 2004 to January 31, 2005, survivors’ pension was warranted in the amount of the difference between the MAPR ($6,814) and the appellant’s annualized countable income ($3,756), which is $3,058 annually (approximately $254 per month). The record reflects that the AOJ reduced the appellant’s survivors’ pension benefits to $254 per month effective December 1, 2004. See March 2016 notification letter. For the reasons stated, that action was proper. From February 1, 2005 to November 30, 2005 For survivors’ pension purposes, the MAPR for a surviving spouse with no dependent children was $6,814 effective December 1, 2004. See Pension Rate Tables, effective December 1, 2004, available at https://www.benefits.va.gov/ PENSION/rates_survivor_pen04.asp (accessed on April 23, 2021). For the annualization period from February 1, 2005, the appellant had SSA income of $313 per month ($3,756 per year). See June 2008 SSA inquiry report. The appellant’s SSA income was increased to $313.20 ($3,758.40 per year) effective May 1, 2005. Unreimbursed medical expenses that are over five percent of the relevant maximum annual pension rate are used to reduce countable income. As noted above, the relevant MAPR was $6,814 and 5 percent of that amount is $340.70. Therefore, in calculating the Veteran’s countable expenses, only unreimbursed medical expenses in excess of $340.70 can be considered for this period. The record reflects that the appellant incurred Medicare Part B premiums in the total amount of $547 during this period. Deducting $340.70 (5 percent of MAPR) from $547 (total unreimbursed expenses for the annualization period from February 2005) results in $206.30 in deductible unreimbursed expenses for the annualization period from February 2005. After deducting the amount of unreimbursed expenses that are over 5 percent of the relevant MAPR ($206.30) from the annualized income of $3,756 per year for the period from February 2005, the resulting countable income is $3,549.70. Accordingly, for the period from February 1, 2005 to April 30, 2005, survivors’ pension was warranted in the amount of the difference between the MAPR ($6,814) and the appellant’s annualized countable income ($3,549.70), which is $3,264.30 annually (approximately $272 per month). Similarly, deducting the amount of unreimbursed expenses that are over 5 percent of the relevant MAPR ($206.30) from the annualized income of $3,758.40 per year for the period from May 2005, the resulting countable income is $3,552.10. Accordingly, for the period from May 1, 2005 to November 30, 2005, survivors’ pension is warranted in the amount of the difference between the MAPR ($6,814) and the appellant’s annualized countable income ($3,552.10), which is $3,261.90 annually (approximately $271 per month) The record reflects that the AOJ reduced the appellant’s survivors’ pension benefits to $272 per month effective February 1, 2005 and to $271 per month effective July 1, 2005. See March 2016 notification letter. For the reasons stated, that action was proper. From December 1, 2005 to December 31, 2005 For survivors’ pension purposes, the MAPR for a surviving spouse with no dependent children was $7,094 effective December 1, 2005. See Pension Rate Tables, effective December 1, 2005, available at https://www.benefits.va.gov/ PENSION/rates_survivor_pen05.asp (accessed on April 23, 2021). For the annualization period from December 1, 2005, the appellant had SSA income of $326 per month ($3,912 per year). See June 2008 SSA inquiry report. Unreimbursed medical expenses that are over five percent of the relevant maximum annual pension rate are used to reduce countable income. As noted above, the relevant MAPR was $7,094 and 5 percent of that amount is $354.70. Therefore, in calculating the Veteran’s countable expenses, only unreimbursed medical expenses in excess of $354.70 can be considered for this period. The record reflects that the appellant incurred Medicare Part B premiums in the total amount of $547 during this period. Deducting $354.70 (5 percent of MAPR) from $547 (total unreimbursed expenses for the annualization period from December 2005) results in $192.30 in deductible unreimbursed expenses for the annualization period from December 2005. After deducting the amount of unreimbursed expenses that are over 5 percent of the relevant MAPR ($192.30) from the annualized income of $3,912 per year for the period from December 2005, the resulting countable income is $3,719.70. Accordingly, for the period from December 1, 2005 to December 31, 2005, survivors’ pension was warranted in the amount of the difference between the MAPR ($7,094) and the appellant’s annualized countable income ($3,719.70), which is $3,374.30 annually (approximately $281 per month). The record reflects that the AOJ reduced the appellant’s survivors’ pension benefits to $281 per month effective December 1, 2005. See March 2016 notification letter. For the reasons stated, that action was proper. From January 1, 2006 to November 30, 2006 For survivors’ pension purposes, the MAPR for a surviving spouse with no dependent children was $7,094 effective December 1, 2005. See Pension Rate Tables, effective December 1, 2005, available at https://www.benefits.va.gov/ PENSION/rates_survivor_pen05.asp (accessed on April 23, 2021). For the annualization period from December 1, 2005, the appellant had SSA income of $326 per month ($3,912 per year). See June 2008 SSA inquiry report. The appellant has not otherwise provided any additional income or net worth information or evidence and has not provided any evidence of eligible unreimbursed medical expenses or any other expenses that may be deducted from her income for purposes of calculating her countable income for survivors’ pension purposes. Based on the foregoing, the appellant’s countable income for the period from January 1, 2006 was $3,912, which is below the relevant MAPR of $7,094 effective December 1, 2005. Accordingly, for the period from January 1, 2006 to November 30, 2006, survivors’ pension was warranted in the amount of the difference between the MAPR ($7,094) and the appellant’s annualized countable income ($3,912), which is $3,182 annually (approximately $265 per month). The record reflects that the AOJ reduced the appellant’s survivors’ pension benefits to $265 per month effective January 1, 2006. See March 2016 notification letter. For the reasons stated, that action was proper. From December 1, 2006 to November 30, 2007 For survivors’ pension purposes, the MAPR for a surviving spouse with no dependent children was $7,329 effective December 1, 2006. See Pension Rate Tables, effective December 1, 2006, available at https://www.benefits.va.gov/ PENSION/rates_survivor_pen06.asp (accessed on April 23, 2021). For the annualization period from December 1, 2006, the appellant had SSA income of $337 per month ($4,044 per year). See June 2008 SSA inquiry report. The appellant has not otherwise provided any additional income or net worth information or evidence and has not provided any evidence of eligible unreimbursed medical expenses or any other expenses that may be deducted from her income for purposes of calculating her countable income for survivors’ pension purposes. Based on the foregoing, the appellant’s countable income for the period from December 1, 2006 was $4,044, which is below the relevant MAPR of $7,329 effective December 1, 2006. Accordingly, for the period from December 1, 2006 to November 30, 2007, survivors’ pension was warranted in the amount of the difference between the MAPR ($7,329) and the appellant’s annualized countable income ($4,044), which is $3,285 annually (approximately $273 per month). The record reflects that the AOJ reduced the appellant’s survivors’ pension benefits to $273 per month effective December 1, 2006. See March 2016 notification letter. For the reasons stated, that action was proper. From December 1, 2007 to November 30, 2008 For survivors’ pension purposes, the MAPR for a surviving spouse with no dependent children was $7,498 effective December 1, 2007. See Pension Rate Tables, effective December 1, 2007, available at https://www.benefits.va.gov/ PENSION/rates_survivor_pen07.asp (accessed on April 23, 2021). For the annualization period from December 1, 2007, the appellant had SSA income of $344 per month ($4,128 per year). See June 2008 SSA inquiry report. The appellant has not otherwise provided any additional income or net worth information or evidence and has not provided any evidence of eligible unreimbursed medical expenses or any other expenses that may be deducted from her income for purposes of calculating her countable income for survivors’ pension purposes. Based on the foregoing, the appellant’s countable income for the period from December 1, 2007 was $4,128, which is below the relevant MAPR of $7,498 effective December 1, 2007. Accordingly, for the period from December 1, 2007 to November 30, 2008, survivors’ pension was warranted in the amount of the difference between the MAPR ($7,498) and the appellant’s annualized countable income ($4,128), which is $3,370 annually (approximately $280 per month). The record reflects that the AOJ reduced the appellant’s survivors’ pension benefits to $280 per month effective December 1, 2007. See March 2016 notification letter. For the reasons stated, that action was proper. From December 1, 2008 to November 30, 2011 For survivors’ pension purposes, the MAPR for a surviving spouse with no dependent children was $7,933 effective December 1, 2008. See Pension Rate Tables, effective December 1, 2008, available at https://www.benefits.va.gov/ PENSION/rates_survivor_pen08.asp (accessed on April 23, 2021). That MAPR stayed the same until November 30, 2011. For the annualization period from December 1, 2008, the appellant had SSA income of $364 per month ($4,368 per year). See October 2015 SSA inquiry report. The appellant’s SSA income stayed the same until November 30, 2011. The appellant has not otherwise provided any additional income or net worth information or evidence and has not provided any evidence of eligible unreimbursed medical expenses or any other expenses that may be deducted from her income for purposes of calculating her countable income for survivors’ pension purposes. Based on the foregoing, the appellant’s countable income for the period from December 1, 2008 was $4,368, which is below the relevant MAPR of $7,933 effective December 1, 2008. Accordingly, for the period from December 1, 2008 to November 30, 2011, survivors’ pension was warranted in the amount of the difference between the MAPR ($7,933) and the appellant’s annualized countable income ($4,368), which is $3,565 annually (approximately $297 per month). The record reflects that the AOJ reduced the appellant’s survivors’ pension benefits to $297 per month effective December 1, 2011. See March 2016 notification letter. For the reasons stated, that action was proper.. From December 1, 2011 to November 30, 2012 For survivors’ pension purposes, the MAPR for a surviving spouse with no dependent children was $8,219 effective December 1, 2011. See Pension Rate Tables, effective December 1, 2011, available at https://www.benefits.va.gov/ PENSION/rates_survivor_pen11.asp (accessed on April 23, 2021). For the annualization period from December 1, 2011, the appellant had SSA income of $378 per month ($4,536 per year). See October 2015 SSA inquiry report. The appellant has not otherwise provided any additional income or net worth information or evidence and has not provided any evidence of eligible unreimbursed medical expenses or any other expenses that may be deducted from her income for purposes of calculating her countable income for survivors’ pension purposes. Based on the foregoing, the appellant’s countable income for the period from December 1, 2011 was $4,356, which is below the relevant MAPR of $8,218 effective December 1, 2011. Accordingly, for the period from December 1, 2011 to November 30, 2012, survivors’ pension was warranted in the amount of the difference between the MAPR ($8,218) and the appellant’s annualized countable income ($4,536), which is $3,682 annually (approximately $306 per month). The record reflects that the AOJ reduced the appellant’s survivors’ pension benefits to $306 per month effective December 1, 2011. See March 2016 notification letter. For the reasons stated, that action was proper.   From December 1, 2012 to November 30, 2013 For survivors’ pension purposes, the MAPR for a surviving spouse with no dependent children was $8,359 effective December 1, 2012. See Pension Rate Tables, effective December 1, 2012, available at https://www.benefits.va.gov/ PENSION/rates_survivor_pen12.asp (accessed on April 23, 2021). For the annualization period from December 1, 2012, the appellant had SSA income of $384 per month ($4,608 per year). See October 2015 SSA inquiry report. The appellant has not otherwise provided any additional income or net worth information or evidence and has not provided any evidence of eligible unreimbursed medical expenses or any other expenses that may be deducted from her income for purposes of calculating her countable income for survivors’ pension purposes. Based on the foregoing, the appellant’s countable income for the period from December 1, 2012 was $4,608, which is below the relevant MAPR of $8,359 effective December 1, 2012. Accordingly, for the period from December 1, 2012 to November 30, 2013, survivors’ pension was warranted in the amount of the difference between the MAPR ($8,359) and the appellant’s annualized countable income ($4,608), which is $3,751 annually (approximately $312 per month). The record reflects that the AOJ reduced the appellant’s survivors’ pension benefits to $312 per month effective December 1, 2012. See March 2016 notification letter. For the reasons stated, that action was proper. From December 1, 2013 to November 30, 2014 For survivors’ pension purposes, the MAPR for a surviving spouse with no dependent children was $8,485 effective December 1, 2013. See Pension Rate Tables, effective December 1, 2013, available at https://www.benefits.va.gov/ PENSION/rates_survivor_pen13.asp (accessed on April 23, 2021). For the annualization period from December 1, 2013, the appellant had SSA income of $390 per month ($4,680 per year). See October 2015 SSA inquiry report. While the October 2015 SSA inquiry report noted that the appellant had additional SSA income of $658 per month from March 2014 to November 2014, the appellant reported that she did not start receiving the higher SSA income amount until June 2015. See August 2015 VA Form 21-0820. The record also reflects that the AOJ made the same finding and did not begin counting the higher SSA income amount until July 1, 2015. Accordingly, the Board will not disturb that finding and will only consider SSA income of $390 per month for the purpose of calculating entitlement to survivors’ pension benefits for the period from December 1, 2013 to November 30, 2014. The appellant has not otherwise provided any additional income or net worth information or evidence and has not provided any evidence of eligible unreimbursed medical expenses or any other expenses that may be deducted from her income for purposes of calculating her countable income for survivors’ pension purposes. Based on the foregoing, the appellant’s countable income for the period from December 1, 2013 was $4,680, which is the below the relevant MAPR of $8,485 effective December 1, 2013. Accordingly, for the period from December 1, 2013 to November 30, 2014, survivors’ pension was warranted in the amount of the difference between the MAPR ($8,485) and the appellant’s annualized countable income ($4,680), which is $3,805 annually (approximately $317 per month). The record reflects that the AOJ reduced the appellant’s survivors’ pension benefits to $317 per month effective December 1, 2013. See March 2016 notification letter. For the reasons stated, that action was proper.. From December 1, 2014 to June 30, 2015 For survivors’ pension purposes, the MAPR for a surviving spouse with no dependent children was $8,630 effective December 1, 2014. See Pension Rate Tables, effective December 1, 2014, available at https://www.benefits.va.gov/ PENSION/rates_survivor_pen13.asp (accessed on April 23, 2021). For the annualization period from December 1, 2014, the appellant had SSA income of $396 per month ($4,752 per year). See October 2015 SSA inquiry report. While the October 2015 SSA inquiry report noted that the appellant had additional SSA income of $669 per month from December 2014 to June 2015, the appellant reported that she did not start receiving the higher SSA income amount until June 2015. See August 2015 VA Form 21-0820. The record also reflects that the AOJ made the same finding and did not begin counting the higher income amount until July 1, 2015. Accordingly, the Board will not disturb that finding and will only consider SSA income of $396 per month for the purpose of calculating the appellant’s entitlement to survivors’ pension benefits for the period from December 1, 2014 to June 30, 2015. The appellant has not otherwise provided any additional income or net worth information or evidence and has not provided any evidence of eligible unreimbursed medical expenses or any other expenses that may be deducted from her income for purposes of calculating her countable income for survivors’ pension purposes. Based on the foregoing, the appellant’s countable income for the period from December 1, 2014 was $4,752, which is below the relevant MAPR of $8,630 effective December 1, 2014. Accordingly, for the period from December 1, 2014 to June 30, 2015, survivors’ pension was warranted in the amount of the difference between the MAPR ($8,630) and the appellant’s annualized countable income ($4,752), which is $3,878 annually (approximately $323 per month). The record reflects that the AOJ reduced the appellant’s survivors’ pension benefits to $323 per month effective December 1, 2014. See March 2016 notification letter. For the reasons stated, that action was proper. 2. The decision to terminate the appellant’s survivors’ pension benefits effective July 1, 2015 was proper. For survivors’ pension purposes, the MAPR for a surviving spouse with no dependent children was $8,630 effective December 1, 2014. See Pension Rate Tables, effective December 1, 2014, available at https://www.benefits.va.gov/ PENSION/rates_survivor_pen13.asp (accessed on April 23, 2021). For the annualization period from July 1, 2015, the appellant had SSA income of $1,065 per month ($12,780 per year). See October 2015 SSA inquiry report. The appellant has not otherwise provided any additional income or net worth information or evidence and has not provided any evidence of eligible unreimbursed medical expenses or any other expenses that may be deducted from her income for purposes of calculating her countable income for survivors’ pension purposes. Based on the foregoing, the appellant’s countable income for the period from July 1, 2015 was $12,780, which is above the relevant MAPR of $8,630 effective December 1, 2014. Accordingly, as she did not meet the annual income requirements set forth in 38 C.F.R. § 3.3 during this period, payment of survivors’ pension benefits cannot be made, and the decision to terminate her survivors’ pension benefits effective July 1, 2015 was proper. The appeal is denied. DAVID A. BRENNINGMEYER Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board J. Ragheb, 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.