Citation Nr: 22018951
Decision Date: 03/30/22	Archive Date: 03/30/22

DOCKET NO. 17-59 828
DATE: March 30, 2022

REMANDED

Entitlement to survivor's pension benefits is remanded.

REASONS FOR REMAND

The Veteran served on active duty from November 1971 to August 1975.  He died in April 2015.  The Appellant is his surviving spouse.  

This matter comes to the Board of Veterans' Appeals (Board) on appeal from a January 2016 decision which, in pertinent part, denied entitlement to survivor's pension benefits. 

In November 2019, the Board remanded the matter for further development.

Entitlement to survivor's pension benefits is remanded.

The Board cannot make a fully-informed decision on the issue of entitlement to survivor's pension benefits at this time.

Throughout the appeal period, the Appellant reported paying different amounts for the Veteran's funeral expenses.  An invoice dated in April 2015 reflects an initial balance of $4,742 and the Appellant reported paying this amount on her May 2015 claim for pension benefits; however, a funeral home invoice dated July 2015 reflects $2,400 paid to date with a balance due of $2,982.  In May 2017, the Appellant reported paying $3000 towards the Veteran's burial expenses and most recently, in February 2020, she reported paying $6,000 for the Veteran's funeral expenses.  The Appellant generally reported paying $150 per month (or approximately $1,800 per year) towards this expense.

The Board notes that this evidence is insufficient to consider the $150 a month as a recurring deductible expense.  If the Appellant paid $150 per month from July 2015 through February 2020, or approximately 56 months, then she would have paid approximately $10,800 towards the Veteran's funeral expenses ($2,400 as of July 2015, plus 56 months at $150, or $8,400), rather than the $6000 as reported in February 2020.  Even if the Board were to accept that she paid $6000 as of February 2020, it is not clear from the evidence of record the dates of and the amounts of the payments she made towards this expense.  

As medical expenses are only deductible during the initialization period or calendar year in which they were paid, the Board finds a remand is warranted to obtain additional information on the dates of and the amounts of the payments she made towards the Veteran's funeral expenses.  

The matter is REMANDED for the following actions:

1. Ask the Appellant to submit a complete accounting and documentation of the payments she made for the Veteran's final expenses, to include those to S. Funeral Service.  She should report the dates she made a payment and amount she paid.  Documentation of payments could be established through cancelled checks, bank/credit card statements, or a payment history from S. Funeral Service.  

2. After completing the above, and any other development as may be indicated, the Appellant's claim should be readjudicated based on the entirety of the evidence.  If the claim remains denied, the Appellant and her representative should be issued a supplemental statement of the case (SSOC).  An appropriate period of time should be allowed for response.  Thereafter, the case should be returned to the Board for further appellate consideration, if otherwise in order.

 

 

K. Parakkal

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	S. Owen, 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.