Citation Nr: 23017303
Decision Date: 03/20/23	Archive Date: 03/20/23

DOCKET NO. 18-09 768
DATE:  March 20, 2023

REMANDED

Entitlement to accrued benefits in excess of $2,443 is remanded.

REASONS FOR REMAND

The Veteran had active service in the United States Air Force from March 1953 to March 1957. Unfortunately, the Veteran died in December 2016. The appellant is the Veteran's surviving spouse.

This case comes before the Board of Veterans' Appeals (Board) on appeal from a February 2017 rating decisions issued by a Department of Veterans Affairs (VA) Regional Office (RO) which granted accrued benefits for the purpose of establishing entitlement to special monthly pension based on the need for aid and attendance in the amount of $2,443 for the period from April 28, 2016, the date of the Veteran's intent to file a claim, to December 27, 2016, the date of the Veteran's death.

The appellant contends that not all of the medical expenses incurred prior to the Veteran's death were available at the time of the February 2017 decision and the additional expenses were submitted on a VA Form 21P-8416, Medical Expense Report received on July 20, 2017, within one-year of the original decision awarding accrued benefits based on the deceased Veteran's pending claim at time of death. Moreover, the Veteran's representative indicated that the appellant was never informed by VA what evidence to submit. 

In order to fulfill VA's duty to assist, the appellant should be provided notice of the evidence needed to decide her claim. 

The RO should thereafter consider any relevant evidence submitted by the appellant and include a discussion of the evidence used to determine the benefits. 

The matters are REMANDED for the following action:

1. Ensure VA's compliance with its duties to notify and assist the appellant in the development of her claim for accrued benefits for special monthly pension based on the need for aid and attendance pursuant to 38 C.F.R. § 3.159. Request that she provide VA with all appropriate documentation to identify all unreimbursed medical expenses which were paid for the Veteran prior to his death, including evidence of payment.

2. After completing any additional development deemed necessary, readjudicate the appellant's claim for accrued benefits for special monthly pension based on the need for aid and attendance. 

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3. Then, readjudicate the issue on appeal and allow appropriate time for response. Then, if warranted, return the case to the Board

 

 

Kristin Haddock

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Cryan, 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.