Citation Nr: 22013877
Decision Date: 03/10/22	Archive Date: 03/10/22

DOCKET NO. 18-31 614
DATE:  March 10, 2022

REMANDED

Entitlement to survivor's pension prior to August 5, 2021, is remanded.

REASONS FOR REMAND

The Veteran had active duty service from March 1943 to February 1946. He died in September 2008. The Appellant is the Veteran's surviving spouse, and she seeks survivor's pension benefits.

This matter comes to the Board of Veterans' Appeals (Board) from an August 2017 decision by the Department of Veterans Affairs (VA) Agency of Original Jurisdiction (AOJ). The Appellant testified at a hearing before the undersigned Veterans Law Judge in December 2021. A transcript of that hearing is of record in the claims file.

The Board finds that the Appellant's claim for pension is not ready for adjudication since additional development by the AOJ is required.

Entitlement to pension is based on consideration of a claimant's income and net worth. The AOJ adjudicated whether the Appellant's income was excessive from the date of the claim in July 2017 through September 2018, when the latest Supplemental Statement of the Case (SSOC) was issued. The AOJ did not consider whether the Appellant's net worth was a bar to pension benefits. Additionally, the AOJ has not considered additional income and net worth information that was submitted by the Appellant in 2019, 2020, and 2021 after the most recent SSOC was issued in September 2018, which may impact her entitlement to survivor's pension for the annualized periods on appeal. For instance, the Appellant testified in December 2021 that she sold her house in 2016 and remarried in August 2021. This additional evidence must be addressed by the AOJ, and a decision regarding the Appellant's net worth must be made before the Board can fully adjudicate the claim.

The matters are REMANDED for the following action:

1. Request any information necessary from the Appellant regarding the sale of her home in 2016 and regarding her 2021 marriage that would impact her eligibility to survivor's pension. If such information is received, make a determination regarding the Appellant's eligibility to pension after the date of her marriage, and notify the Appellant of the decision regarding her eligibility. 

2. Conduct a thorough accounting of the Appellant's countable income for each year of the appeal, to include the calculation of the deduction of unreimbursed medical expenses. In the accounting, the AOJ should indicate which MAPR was used for each year calculated, and why. In a detailed summary, provide a clear explanation for all figures used in order to determine where the AOJ derived the amounts used in calculating the Appellant's countable income, when the evidence and figures used was submitted, and why such amounts were used. Specifically, if any medical expenses reported by the Appellant are not used to reduce countable income, the AOJ should explain why.

3. After allowing the Appellant an appropriate amount of time to submit additional information regarding the sale of her house in 2016, and based on a review of the evidence of record and any additional evidence submitted by the Appellant, prepare a Corpus of Estate Determination Form (VA Form 21-5427). This form must clearly detail and explain how all monthly assets, income, and expenses as well as annualized assets, income, and expenses were calculated. If multiple Corpus of Estate Determination Forms are required to determine the Appellant's net worth for any specific periods of time between the date of the claim and currently, then multiple forms should be completed to accurately reflect her net worth.

 

 

Kristin Haddock

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Smith, Associate 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.