Citation Nr: 21040786
Decision Date: 07/07/21	Archive Date: 07/07/21

DOCKET NO. 14-34 540A
DATE: July 7, 2021

ORDER

Entitlement to nonservice-connected pension benefits is dismissed.

FINDING OF FACT

The Veteran's service-connected benefits, which cover the entire appeal period, provide a greater benefit than nonservice-connected pension.

CONCLUSION OF LAW

As a greater benefit has been awarded, the claim for nonservice-connected pension benefits is dismissed. 38 U.S.C. § 5101 (2012); 38 C.F.R. § 19.55 (2020).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran's appeal originally included the issue of whether he was entitled to nonservice-connected pension benefits.  See October 2005 Rating Decision, November 2005 notice of disagreement, and September 2009 statement of the case. The Board remanded this issue in July 2018. 

In February 2012, the agency of original jurisdiction (AOJ) granted service-connection for posttraumatic stress disorder (PTSD) and assigned a 50 percent evaluation effective July 14, 2010.  The Veteran disagreed with the effective date for the award of service connection for PTSD.  In July 2018, the Board awarded an earlier effective date of April 6, 2004, (the date of the pension claim) for PTSD.  The award was implemented by the RO in November 2018.  

In December 2012, the Veteran was also awarded service connection for ischemic heart disease (IHD) and assigned a 10 percent rating from September 26, 2011.  In October 2014, the AOJ granted an earlier effective date of August 3, 2011, for the award of service connection for IHD and assigned a 30 percent evaluation from March 7, 2014.  In March 2015, the AOJ granted a 70 percent rating for PTSD from May 16, 2014, as well as individual unemployability.  In June 2021, the AOJ granted an earlier effective date for IHD, and the 30 percent rating, retroactive to December 13, 2010.

The Board notes the matter of an effective date prior April 6, 2004, for the award of service connection for PTSD is still pending.  See United Stated Court of Appeals for Veterans Claims (CAVC) Memorandum Decision dated April 8, 2020.  However, as of the date of the claim for pension, which covers the entire appeal period, the Veteran currently has a 50 percent rating for PTSD effective April 6, 2004, and 70 percent from May 16, 2014.  He has a 30 percent for IHD from December 13, 2010.  His combined ratings are as follows: 50 percent from April 6, 2004; 70 percent from December 13, 2010; and 80 percent from May 16, 2014.  As noted above individual unemployability has been granted from May 16, 2014.  See June 2021 Rating Code Sheet. 

As the Veteran's service-connected benefits, which cover the entire appeal period, represent a greater award, the claim for nonservice-connected pension benefits is considered moot and must be dismissed. 38 C.F.R. § 3.151 (a) (a claim may be 

 

considered for compensation or pension, but the greater benefit will be awarded unless the claimant request otherwise).

 

 

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.