Citation Nr: 22018274 Decision Date: 03/30/22 Archive Date: 03/29/22 DOCKET NO. 18-04 732 DATE: March 30, 2022 ORDER Entitlement to non-service-connected pension benefits with special monthly pension (SMP) in excess of $246 per month from October 1, 2011, to November 30, 2011, is denied. Entitlement to non-service-connected pension benefits with SMP in excess of $255 per month from December 1, 2011, to November 30, 2012, is denied. Entitlement to non-service-connected pension benefits with SMP in excess of $259 per month from December 1, 2012, to November 30, 2013, is denied. Entitlement to non-service-connected pension benefits with SMP in excess of $263 per month from December 1, 2013, to November 30, 2014, is denied. Entitlement to non-service-connected pension benefits with SMP in excess of $746 per month from December 1, 2014, to December 31, 2014, is denied. Non-service-connected pension benefits with SMP in the amount of $1,157 per month are granted from January 1, 2015, to January 31, 2015. Entitlement to non-service-connected pension benefits with SMP in excess of $1,193 per month from February 1, 2015, to September 30, 2016, is denied. Non-service-connected pension benefits with SMP in the amount of $1,282 per month are granted from October 1, 2016, to November 30, 2016. Non-service-connected pension benefits with SMP in the amount of $1,284 per month are granted from December 1, 2016, to December 31, 2016. Non-service-connected pension benefits with SMP in the amount of $1,534 per month are granted from January 1, 2017, to November 30, 2017. Non-service-connected pension benefits with SMP in the amount of $1,556 per month are granted from December 1, 2017, to November 30, 2018. REMANDED Entitlement to payment of higher amounts of non-service-connected pension benefits with SMP from December 1, 2018, is remanded. FINDINGS OF FACT 1. For the period from October 1, 2011, to November 30, 2011, the maximum annual pension rate (MAPR) that applied to a Veteran with no dependents at the housebound rate exceeded the Veteran's annualized income by approximately $2,961. 2. For the period from December 1, 2011, to November 30, 2012, the MAPR that applied to a Veteran with no dependents at the housebound rate exceeded the Veteran's annualized income by approximately $3,062. 3. For the period from December 1, 2012, to November 30, 2013, the MAPR that applied to a Veteran with no dependents at the housebound rate exceeded the Veteran's annualized income by approximately $3,113. 4. For the period from December 1, 2013, to November 30, 2014, the MAPR that applied to a Veteran with no dependents at the housebound rate exceeded the Veteran's annualized income by approximately $3,162. 5. For the period from December 1, 2014, to December 31, 2014, the MAPR that applied to a Veteran with no dependents at the aid and attendance rate exceeded the Veteran's annualized income by approximately $8,962. 6. For the period from January 1, 2015, to September 30, 2016, the MAPR that applied to a Veteran with no dependents at the aid and attendance rate exceeded the Veteran's annualized income by approximately $13,888.70. 7. For the period from October 1, 2016, to November 30, 2016, the MAPR that applied to a Veteran with no dependents at the aid and attendance rate exceeded the Veteran's annualized income by approximately $15,388.70. 8. For the period from December 1, 2016, to December 31, 2016, the MAPR that applied to a Veteran with no dependents at the aid and attendance rate exceeded the Veteran's annualized income by approximately $15,414.45. 9. For the period from January 1, 2017, to November 30, 2017, the MAPR that applied to a Veteran with no dependents at the aid and attendance rate exceeded the Veteran's annualized income by approximately $18,413.45. 10. For the period from December 1, 2017, to November 30, 2018, the MAPR that applied to a Veteran with no dependents at the aid and attendance rate exceeded the Veteran's annualized income by approximately $18,679.90. CONCLUSIONS OF LAW 1. The criteria for an award of higher amounts of pension benefits for the period from October 1, 2011, to December 31, 2014, have not been met. 38 U.S.C. §§ 101, 1503, 1541; 38 C.F.R. §§ 3.2, 3.3, 3.23, 3.271, 3.272, 3.274, 3.275. 2. Resolving reasonable doubt in the Veteran's favor, the criteria for an award of pension benefits with SMP in the amount of $1,157 per month from January 1, 2015, to January 31, 2015, have been met. 38 U.S.C. §§ 101, 1503, 1541; 38 C.F.R. §§ 3.2, 3.3, 3.23, 3.271, 3.272, 3.274, 3.27. 3. The criteria for an award of a higher amount of pension benefits for the period from February 1, 2015, to September 30, 2016, have not been met. 38 U.S.C. §§ 101, 1503, 1541; 38 C.F.R. §§ 3.2, 3.3, 3.23, 3.271, 3.272, 3.274, 3.275. 4. Resolving reasonable doubt in the Veteran's favor, the criteria for an award of pension benefits with SMP in the amounts of $1,282 per month from October 1, 2016, to November 30, 2016, $1,284 per month from December 1, 2016, to December 31, 2016, $1,534 per month from January 1, 2017, to November 30, 2017, and $1,556 per month from December 1, 2017, to November 30, 2018, have been met. 38 U.S.C. §§ 101, 1503, 1541; 38 C.F.R. §§ 3.2, 3.3, 3.23, 3.271, 3.272, 3.274, 3.275. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty in the United States Army from October 1973 to February 1974. His decorations include the National Defense Service Medal. This matter comes to the Board of Veterans' Appeals (Board) on appeal from a June 2017 determination issued by a Department of Veterans Affairs (VA) Regional Office. In his January 2018 substantive appeal, the Veteran indicated that he wanted to appear at a Board hearing. However, he later withdrew that request in August 2021. See 38 C.F.R. § 20.704(e). Entitlement to payment of higher amounts of non-service-connected pension benefits from October 1, 2011, to November 30, 2018 The Veteran asserts, in essence, that VA has incorrectly adjusted/calculated his non-service-connected pension benefits for the period from October 1, 2011. Pursuant to 38 U.S.C. § 1521(a), non-service-connected disability pension is a benefit payable to a veteran of a period of war who is permanently and totally disabled from non-service-connected disability not the result of his own willful misconduct. A veteran is entitled to pension only if his income is not in excess of the applicable MAPR, as specified at 38 C.F.R. § 3.23 and changed periodically, as reported in the Federal Register. See 38 U.S.C. § 1521. The maximum rates for a veteran's pension are reduced dollar for dollar by the amount of the countable income of a veteran, his spouse, 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 October 1, 2011, to November 30, 2011 During this period, for non-service-connected pension purposes, the MAPR for a veteran with no dependent children at the housebound rate was $14,457. See Pension Rate Tables, effective December 1, 2008, available at https://www. benefits.va.gov/PENSION/rates_veteran_pen08.asp (accessed on March 23, 2022). The record reflects that the Veteran's Social Security (SSA) income during this period was $958 per month ($11,496 per year). See, e.g., April 2017 SSA inquiry report. The Veteran did not report unreimbursed medical expenses during this period. Accordingly, for the period from October 1, 2011, to November 30, 2011, non-service-connected pension with SMP is warranted in the amount of the difference between the relevant MAPR ($14,457) and the Veteran's annualized countable income ($11,496), which is $2,961 annually (approximately $246 per month). The record reflects that the AOJ awarded pension benefits in the amount of $246 per month during this period. See June 2017 VA notification letter. For the reasons stated, the Veteran is not entitled to non-service-connected pension with SMP in excess of $246 per month for the period from October 1, 2011, to November 30, 2011. From December 1, 2011, to November 30, 2012 During this period, for non-service-connected pension purposes, the MAPR for a veteran with no dependent children at the housebound rate was $14,978. See Pension Rate Tables, effective December 1, 2011, available at https://www. benefits.va.gov/PENSION/rates_veteran_pen11.asp (accessed on March 23, 2022). The record reflects that the Veteran's SSA income during this period was $958 per month ($11,916 per year). See, e.g., April 2017 SSA inquiry report. The Veteran did not report unreimbursed medical expenses during this period. Accordingly, for the period from December 1, 2011, to November 30, 2012, non-service-connected pension with SMP is warranted in the amount of the difference between the relevant MAPR ($14,978) and the Veteran's annualized countable income ($11,916), which is $3,062 annually (approximately $255 per month). The record reflects that the AOJ has awarded pension benefits in the amount of $255 per month during this period. See June 2017 VA notification letter. For the reasons stated, the Veteran is not entitled to non-service-connected pension with SMP in excess of $255 per month for the period from December 1, 2011, to November 30, 2012. From December 1, 2012, to November 30, 2013 During this period, for non-service-connected pension purposes, the MAPR for a veteran with no dependent children at the housebound rate was $15,233. See Pension Rate Tables, effective December 1, 2012, available at https://www. benefits.va.gov/PENSION/rates_veteran_pen12.asp (accessed on March 23, 2022). The record reflects that the Veteran's SSA income during this period was $1,010 per month ($12,120 per year). See, e.g., April 2017 SSA inquiry report. The Veteran did not report unreimbursed medical expenses during this period. Accordingly, for the period from December 1, 2012, to November 30, 2013, non-service-connected pension with SMP is warranted in the amount of the difference between the relevant MAPR ($15,233) and the Veteran's annualized countable income ($12,120), which is $3,113 annually (approximately $259 per month). The record reflects that the AOJ has awarded pension benefits in the amount of $259 per month during this period. See June 2017 VA notification letter. For the reasons stated, the Veteran is not entitled to non-service-connected pension with SMP in excess of $259 per month for the period from December 1, 2012, to November 30, 2013. From December 1, 2013, to November 30, 2014 During this period, for non-service-connected pension purposes, the MAPR for a veteran with no dependent children at the housebound rate was $15,462. See Pension Rate Tables, effective December 1, 2013, available at https://www. benefits.va.gov/PENSION/rates_veteran_pen13.asp (accessed on March 23, 2022). The record reflects that the Veteran's SSA income during this period was $1,025 per month ($12,300 per year). See, e.g., April 2017 SSA inquiry report. The Veteran did not report unreimbursed medical expenses during this period. Accordingly, for the period from December 1, 2013, to November 30, 2014, non-service-connected pension with SMP is warranted in the amount of the difference between the relevant MAPR ($15,462) and the Veteran's annualized countable income ($12,300), which is $3,162 annually (approximately $263 per month). The record reflects that the AOJ has awarded pension benefits in the amount of $263 per month during this period. See June 2017 VA notification letter. For the reasons stated, the Veteran is not entitled to non-service-connected pension with SMP in excess of $263 per month for the period from December 1, 2013, to November 30, 2014. From December 1, 2014, to December 31, 2014 The record reflects that the Veteran was awarded SMP at the aid and attendance rate with payment at that rate starting on December 1, 2014. During this period, for non-service-connected pension purposes, the MAPR for a veteran with no dependent children at the aid and attendance rate was $21,466. See Pension Rate Tables, effective December 1, 2014, available at https://www. benefits.va.gov/PENSION/rates_veteran_pen14.asp (accessed on March 23, 2022). The record reflects that the Veteran's SSA income during this period was $1,042 per month ($12,504 per year). See, e.g., April 2017 SSA inquiry report. The Veteran did not report unreimbursed medical expenses during this period. Accordingly, for the period from December 1, 2014, to December 31, 2014, non-service-connected pension with SMP is warranted in the amount of the difference between the relevant MAPR ($21,466) and the Veteran's annualized countable income ($12,504), which is $8,962 annually (approximately $746 per month). The record reflects that the AOJ has awarded pension benefits in the amount of $746 per month during this period. See June 2017 VA notification letter. For the reasons stated, the Veteran is not entitled to non-service-connected pension with SMP in excess of $746 per month for the period from December 1, 2014, to December 31, 2014. From January 1, 2015, to September 30, 2016 During this period, for non-service-connected pension purposes, the MAPR for a veteran with no dependent children at the aid and attendance rate was $21,466. See Pension Rate Tables, effective December 1, 2014, available at https://www. benefits.va.gov/PENSION/rates_veteran_pen14.asp (accessed on March 23, 2022). The record reflects that the Veteran's SSA income during this period was $1,042 per month ($12,504 per year). See, e.g., April 2017 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 $21,466 and 5 percent of that amount is $1,073.30. Therefore, in calculating the Veteran's countable expenses, only unreimbursed medical expenses in excess of $1,073.30 can be considered for this period. In a June 2015 statement, the Veteran reported that he incurred caregiver expenses in the amount of $400 for March, April, and May of 2015. The Veteran also provided receipts of caregiver expenses in the amount of $400 per month from December 2015 to December 2016. However, in a May 2019 care expenses statement, the Veteran's caregiver reported that she received $500 per month ($6,000 per year) from the Veteran for caregiver services for the period from January 2015 to December 2016. The Board will use the latter amount ($500 per month) because it is more favorable to the Veteran. Based on the foregoing, the Veteran's annualized unreimbursed medical expenses for the period from January 1, 2015, to September 30, 2016, were $6,000 per year. Deducting $1,073.30 (5 percent of MAPR) from $6,000 (total unreimbursed expenses for the annualization period from January 2015) results in $4,926.70 in deductible unreimbursed expenses for the annualization period from January 2015. After deducting the amount of unreimbursed expenses that are over 5 percent of the relevant MAPR ($4,926.70) from the annualized income of $12,504 for the period from January 2015, the resulting countable income is $7,577.30. Accordingly, for the period from January 1, 2015, to September 30, 2016, non-service-connected pension with SMP is warranted in the amount of the difference between the MAPR ($21,466) and the Veteran's annualized countable income ($7,577.30), which is $13,888.70 annually (approximately $1,157 per month). The record reflects that the AOJ awarded pension benefits in the amount of $746 per month for the period from January 1, 2015, to January 31, 2015. See June 2017 VA notification letter. Based on current information and the foregoing calculations, a higher pension amount of $1,157 per month is warranted for the month of January 2015. The record also reflects that the AOJ awarded pension benefits in the amount of $1,193 per month for the period from February 1, 2015, to September 30, 2016. See June 2017 VA notification letter. Because the AOJ has awarded a higher pension amount for this period, the Board will not disturb that amount; however, the appellant is not entitled to a higher amount than already awarded for the period from February 1, 2015, to September 30, 2016. From October 1, 2016, to November 30, 2016 During this period, for non-service-connected pension purposes, the MAPR for a veteran with no dependent children at the aid and attendance rate was $21,466. See Pension Rate Tables, effective December 1, 2014, available at https://www. benefits.va.gov/PENSION/rates_veteran_pen14.asp (accessed on March 23, 2022). The record reflects that the Veteran's SSA income during this period was approximately $1,042 per month ($12,504 per year). See, e.g., April 2017 SSA inquiry report. As noted, unreimbursed medical expenses that are over five percent of the relevant maximum annual pension rate are used to reduce countable income. Here, the relevant MAPR was $21,466 and 5 percent of that amount is $1,073.30. Therefore, in calculating the Veteran's countable expenses, only unreimbursed medical expenses in excess of $1,073.30 can be considered for this period. As discussed above, the Veteran incurred caregiver expenses in the amount of $500 per month ($6,000 per year) during this period. The record also reflects that the Veteran began paying Medicare Part B premiums in the amount of $125 per month ($1,500 per year) starting October 2016. See, e.g., October 2017 SSA inquiry report. Based on the foregoing, the Veteran's annualized unreimbursed medical expenses for the period from October 1, 2016, to November 30, 2016, were $7,500. Deducting $1,073.30 (5 percent of MAPR) from $7,500 (total unreimbursed expenses for the annualization period from October 2016) results in $6,426.70 in deductible unreimbursed expenses for the annualization period from October 2016. After deducting the amount of unreimbursed expenses that are over 5 percent of the relevant MAPR ($6,426.70) from the annualized income of $12,504 for the period from October 2016, the resulting countable income is $6,077.30. Accordingly, for the period from October 1, 2016, to November 30, 2016, non-service-connected pension with SMP is warranted in the amount of the difference between the MAPR ($21,466) and the Veteran's annualized countable income ($6,077.30), which is $15,388.70 annually (approximately $1,282 per month). The record reflects that the AOJ awarded pension benefits in the amount of $1,193 per month for the period from October 1, 2016, to November 30, 2016. See June 2017 VA notification letter. Based on current information and the foregoing calculations, a higher pension amount of $1,282 per month is warranted for the period from October 1, 2016, to November 30, 2016. From December 1, 2016, to December 31, 2016 During this period, for non-service-connected pension purposes, the MAPR for a veteran with no dependent children at the aid and attendance rate was $21,531. See Pension Rate Tables, effective December 1, 2016, available at https://www. benefits.va.gov/PENSION/rates_veteran_pen16.asp (accessed on March 23, 2022). The record reflects that the Veteran's SSA income during this period was $1,045 per month ($12,540 per year). See, e.g., December 2017 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 $21,531and 5 percent of that amount is $1,076.55. Therefore, in calculating the Veteran's countable expenses, only unreimbursed medical expenses in excess of $1,076.55 can be considered for this period. As discussed above, the Veteran incurred caregiver expenses in the amount of $500 per month ($6,000 per year) during this period. The record also reflects that the Veteran paid Medicare Part B premiums in the amount of $125 per month ($1,500 per year) during this period. See, e.g., April 2017 SSA inquiry report. Based on the foregoing, the Veteran's annualized unreimbursed medical expenses for the period from December 1, 2016, to December 31, 2016, were $7,500 per year. Deducting $1,076.55 (5 percent of MAPR) from $7,500 (total unreimbursed expenses for the annualization period from December 2016) results in $6,423.45 in deductible unreimbursed expenses for the annualization period from December 2016. After deducting the amount of unreimbursed expenses that are over 5 percent of the relevant MAPR ($6,423.45) from the annualized income of $12,540 for the period from December 2016, the resulting countable income is $6,116.55. Accordingly, for the period from December 1, 2016, to December 31, 2016, non-service-connected pension with SMP is warranted in the amount of the difference between the MAPR ($21,531) and the Veteran's annualized countable income ($6,116.55), which is $15,414.45 annually (approximately $1,284 per month). The record reflects that the AOJ awarded pension benefits in the amount of $1,195 per month for the period from December 1, 2016, to December 31, 2016. See June 2017 VA notification letter. Based on current information and the foregoing calculations, a higher pension amount of $1,284 per month is warranted for the month of December 2016. From January 1, 2017, to November 30, 2017 During this period, for non-service-connected pension purposes, the MAPR for a veteran with no dependent children at the aid and attendance rate was $21,531. See Pension Rate Tables, effective December 1, 2016, available at https://www. benefits.va.gov/PENSION/rates_veteran_pen16.asp (accessed on March 23, 2022). The record reflects that the Veteran's SSA income during this period was $1,045 per month ($12,540 per year). See, e.g., December 2017 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 $21,531and 5 percent of that amount is $1,076.55. Therefore, in calculating the Veteran's countable expenses, only unreimbursed medical expenses in excess of $1,076.55 can be considered for this period. The Veteran has presented evidence that he incurred caregiver expenses in the amount of $750 per month ($9,000 per year) during this period. The record also reflects that the Veteran paid Medicare Part B premiums in the amount of $125 per month ($1,500 per year) during this period. See, e.g., April 2017 SSA inquiry report. Based on the foregoing, the Veteran's annualized unreimbursed medical expenses for the period from January 1, 2017, to November 30, 2017, were $10,500 per year. Deducting $1,076.55 (5 percent of MAPR) from $10,500 (total unreimbursed expenses for the annualization period from January 2017) results in $9,423.45 in deductible unreimbursed expenses for the annualization period from January 2017. After deducting the amount of unreimbursed expenses that are over 5 percent of the relevant MAPR ($9,423.45) from the annualized income of $12,540 for the period from January 2017, the resulting countable income is $3,116.55. Accordingly, for the period from January 1, 2017, to November 30, 2017, non-service-connected pension with SMP is warranted in the amount of the difference between the MAPR ($21,531) and the Veteran's annualized countable income ($3,116.55), which is $18,413.45 annually (approximately $1,534 per month). The record reflects that the AOJ awarded pension benefits in the amount of $1,195 per month for the period from January 1, 2017, to January 31, 2017; $1,320 per month for the period from February 1, 2017, to May 31, 2017, and $691 per month from June 1, 2017, to November 30, 2017. See June 2017 VA notification letter; November 2017 VA notification letter. Based on current information and the foregoing calculations, a higher pension amount of $1,534 per month is warranted for the period from January 1, 2017, to November 30, 2017. From December 1, 2017, to November 30, 2018 During this period, for non-service-connected pension purposes, the MAPR for a veteran with no dependent children at the aid and attendance rate was $21,962. See Pension Rate Tables, effective December 1, 2017, available at https://www. va.gov/pension/veterans-pension-rates/past-rates-2018/ (accessed on March 23, 2022). The record reflects that the Veteran's SSA income during this period was $1,066 per month ($12,792 per year). See, e.g., December 2017 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 $21,962 and 5 percent of that amount is $1,098.10. Therefore, in calculating the Veteran's countable expenses, only unreimbursed medical expenses in excess of $1,098.10 can be considered for this period. The Veteran has presented evidence that he incurred caregiver expenses in the amount of $750 per month ($9,000 per year) during this period. The record also reflects that the Veteran paid Medicare Part B premiums in the amount of $134 per month ($1,608 per year) during this period. See, e.g., December 2017 SSA inquiry report. Based on the foregoing, the Veteran's annualized unreimbursed medical expenses for the period from December 1, 2017, to November 30, 2018, were $10,608 per year. Deducting $1,098.10 (5 percent of MAPR) from $10,608 (total unreimbursed expenses for the annualization period from December 2017) results in $9,509.90 in deductible unreimbursed expenses for the annualization period from December 2017. After deducting the amount of unreimbursed expenses that are over 5 percent of the relevant MAPR ($9,509.90) from the annualized income of $12,792 for the period from December 2017, the resulting countable income is $3,282.10. Accordingly, for the period from December 1, 2017, to November 30, 2018, non-service-connected pension with SMP is warranted in the amount of the difference between the MAPR ($21,962) and the Veteran's annualized countable income ($3,282.10), which is $18,679.90 annually (approximately $1,556 per month). The record reflects that the AOJ awarded pension benefits in the amount of $691 per month from December 1, 2017, to May 31, 2018, and in the amount of $1,320 per month from June 1, 2018, to November 30, 2018. See November 2017 VA notification letter. Based on current information and the foregoing calculations, a higher pension amount of $1,556 per month is warranted for the period from December 1, 2017, to November 30, 2018. REASONS FOR REMAND Entitlement to payment of higher amounts of non-service-connected pension benefits with SMP from December 1, 2018, is remanded With respect to the Veteran's entitlement to payment of higher amounts of non-service-connected pension benefits from December 1, 2018, the Board finds that additional development is needed prior to rendering a decision on the matter. First, the record does not show that the AOJ has undertaken any development in order to verify the SSA income paid to the Veteran during the period from December 1, 2018. Moreover, the record does not contain any evidence pertaining to unreimbursed medical expenses for calendar years starting January 1, 2019. Additional development is required. This matter is REMANDED for the following action: 1. Request that the Veteran provide updated information with respect to his household income and unreimbursed medical expenses for the annualized periods from January 2019 to the present, to include proof of any income and expense information reported. 2. Verify the Veteran's Social Security income for all periods from December 2018 to the present. All efforts to obtain such information must be documented in the claims file. 3. After completing the above, and any other development as may be indicated by any response received as a consequence of the action taken in the preceding paragraphs, the issue remaining on appeal should be readjudicated based on the entirety of the evidence. If any benefit sought remains denied, the appellant and her representative should be issued a supplemental statement of the case. Allow an appropriate period of time 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.