Citation Nr: 21041882 Decision Date: 07/10/21 Archive Date: 07/10/21 DOCKET NO. 10-27 366A DATE: July 10, 2021 REMANDED Entitlement to non-service-connected pension benefits is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Navy from January 1974 to November 1975. His decorations include the National Defense Service Medal. This matter comes to the Board of Veterans' Appeals (Board) on appeal from a January 2010 rating decision issued by the Department of Veterans Affairs (VA) Regional Office in Columbia, South Carolina. In October 2011, the Veteran testified at a Travel Board hearing before a Veterans Law Judge. A transcript of that hearing has been associated with the record. In December 2012 and June 2016, the Board, in pertinent part, remanded the issue currently on appeal to the agency of original jurisdiction (AOJ) for additional development. On both occasions, after taking further action, the AOJ confirmed and continued the prior denial and returned the case to the Board. See, e.g., March 2020 supplemental statement of the case (SSOC). In May 2021, the Board wrote the Veteran to inform him that the Veterans Law Judge who conducted the hearing in October 2011 was no longer employed by the Board. The Veteran was offered the opportunity to testify at another Board hearing. He was notified that if he did not respond within 30 days, the Board would assume that he did not wish to have another hearing. No response to the May 2021 VA correspondence has been received. Although the Board regrets the additional delay, a remand is necessary to ensure that there is a complete record upon which to decide the Veteran's claim and to afford him every possible consideration. Entitlement to non-service-connected pension benefits is remanded. The record reflects that the Veteran has been in receipt of Social Security Disability Income (SSDI) since October 2007. See, e.g., February 2008 Social Security Administration (SSA) Disability Determination and Transmittal. In a July 2008 letter, the AOJ, in pertinent part, requested that the Veteran provide VA with information pertaining to his income, net worth, and unreimbursed medical expenses, as well as a copy of his original award letter from SSA. In the same month, the Veteran provided VA a copy of a March 2008 SSA award letter. Although the AOJ has performed development to verify the Veteran's SSDI income amounts for a portion of the period on appeal, it has not verified those amounts for the entire appeal period, to particularly include from December 2014. That needs to be accomplished as part of VA's duty to assist. In December 2012, the Board remanded the issue on appeal in order to obtain a completed VA Form 21-0516-1 from the Veteran. In June 2016, the Board again remanded the issue in order to obtain a VA Form 21-0516-1. In this regard, the June 2016 Board decision noted that VA's January 2013 and April 2013 requests for a VA Form 21-0516-1 were not sent to the Veteran's then-current address of record. By correspondence dated in December 2016, the AOJ requested that the Veteran complete an enclosed VA Form 21-0516-1. To date, a completed VA Form 21-0516-1 has not been received. Without the necessary information with respect to the Veteran's income, net worth, and unreimbursed medical expenses during the period on appeal, the Board cannot properly determine the Veteran's entitlement. Because the case needs to be remanded for other reasons, the Board will afford the Veteran another opportunity to provide the required information. In this regard, the Veteran is advised that he has a duty to aid VA in developing his claim, and that failure to provide the requested information may result in a denial of the benefit sought. See Wood v. Derwinski, 1 Vet. App. 190, 193 (1991) (noting that the duty to assist is not a one-way street; if a claimant wishes help in developing her/his claim, s/he cannot passively wait for it in those circumstances where s/he may or should have information that is essential in obtaining putative evidence). This matter is REMANDED for the following action: 1. Verify SSA benefits income paid to the Veteran from December 2014 to the present. 2. Ask the Veteran to provide evidence or information pertaining to his household income and unreimbursed medical expenses from June 2008 to the present. 3. After completing the above, and any other development as may be indicated by any response received as a consequence of the actions taken in the preceding paragraphs, the issue on appeal should be readjudicated based on the entirety of the evidence. If the benefit sought remains denied, the Veteran and his representative should be issued a SSOC. An appropriate period of time should be allowed for response. 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.