Citation Nr: 22014507 Decision Date: 03/14/22 Archive Date: 03/14/22 DOCKET NO. 16-49 894A DATE: March 14, 2022 REMANDED The claim of entitlement to death pension benefits is remanded. REASONS FOR REMAND The Veteran had active duty service from October 1973 to October 1975. He died in August 1984. The appellant is his surviving spouse. The current appeal comes before the Board of Veterans' Appeals (Board) from an April 2015 decision in which a Department of Veterans Affairs (VA) Regional Office (RO) denied entitlement to death pension benefits due to shown income exceeding the maximum annual death pension limits set by law. In a subsequent September 2016 decision, the RO granted death pension benefits effective August 28, 2014, through December 1, 2014. The appellant testified at a Board hearing before the undersigned Veterans Law Judge in October 2021. A hearing transcript is of record. The Board notes that while the appellant testified that she now lived with her daughter, who reportedly assists her with activities of daily living, she had previously applied for special monthly pension (SMP) benefits based on the need for aid and attendance, and her claim was denied in an October 2016 rating decision. She did not appeal that decision, and has not since reapplied for SMP. Entitlement to death pension benefits The appellant seeks entitlement to the payment of death pension benefits. Review of the record indicates that she is in receipt of monthly benefits distributed by the Social Security Administration (SSA), and that currently, her annualized income exceeds the maximum annual pension rate (MAPR) for a survivor with no dependents. Notably, the appellant submitted a medical expense report dated in August 2016, indicating mileage traveled for appointments with various medical providers. She did not, however, indicate the dates of her appointments. Additionally, while she noted several outstanding bills that she owed, she did not indicate what unreimbursed medical expenses she has paid for herself. Further, while the appellant has submitted multiple receipts also indicating that she had numerous unreimbursed medical expenses, she did not provide an itemized accounting of this evidence on VA Forms 21P-8416, identifying whether the expenses were paid, or whether she paid them herself. The appellant further testified during her October 2021 Board hearing that she was receiving more frequent medical care; thus, indicating that she has had greater unreimbursed medical expenses than previously indicated in the record. She has not, however, provided any evidence indicating what her more recent expenses have been. Additionally, while the appellant submitted a notice from the SSA, received in October 2016, indicating that her benefits were being reduced effective October 2016 through September 2019, she did not submit a complete copy of the notice, and the information indicating the payment amount she would receive was missing from the submission she provided to VA. Further, it does not appear that the AOJ subsequently requested this evidence from the appellant. Based on the foregoing deficiencies, the Board cannot complete an accurate review of the appellant's income and unreimbursed medical expenses to determine her entitlement to the payment of death pension benefits. Thus, in order to afford the appellant every possible consideration in this appeal, the Board finds that remand is warranted in order for the AOJ to request that she provide complete evidence regarding her income and unreimbursed medical expenses, reported on VA Form 21P-8416, that she has paid for herself, to include mileage travelled to her medical visits, for each annualization period since August 2014. Accordingly, this matter is hereby REMANDED for the following action: 1. Send a letter to the appellant requesting that she provide VA with all appropriate documentation to identify her income and all unreimbursed medical expenses, to include mileage traveled for her medical visits, which she has paid herself. Provide the appellant with copies of VA Form 21P-8416, and ask that she provide the above requested information on separate forms, beginning with the first annualization period after the submission of her claim for death pension benefits on August 28, 2014, through August 31, 2015, and then for each calendar year thereafter. Please ask the appellant not to identify or submit evidence of outstanding medical bills that have not been paid. As necessary, ask the appellant to submit documentation of all income, including SSA benefits which she received, beginning with the first annualization period from August 28, 2014, through August 31, 2015, and for each calendar year thereafter. Specifically request that the appellant provide documentation of the SSA payment amount she received during the period from October 2016 through September 2019, when her SSA benefits were reduced. 2. After completing any additional development deemed necessary, readjudicate the appellant's claim for entitlement to death pension benefits. Such readjudication must include calculation and itemization of the appellant's income and unreimbursed medical expenses for each annualization period during the appeal period beginning in August 2014. The appellant must be provided with notice of the calculations and itemizations of her income and qualifying expenses for each annualization period. JENNIFER HWA Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Michael Wilson, 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.