Citation Nr: 25005347
Decision Date: 04/21/25	Archive Date: 04/21/25

DOCKET NO. 24-00 241
DATE: April 21, 2025

REMANDED

Whether the reduction of survivor's pension benefits from November 1, 2008 and the termination of benefits from February 1, 2009 based on countable income was proper is remanded.

REASONS FOR REMAND

This legacy appeal to the Board of Veterans' Appeals (Board) arose from a June 2014 decision by the Department of Veteran Affairs (VA) Regional Office (RO). 

In January 2024, the Board remanded the appeal, in pertinent part, for issuance of a Statement of the Case (SOC) to address the termination of survivor's pension benefits from January 1, 2012, the adjusted date of termination noted as being indicated in a deferred rating decision. The Board has recharacterized the issue on appeal as whether the reduction of survivor's pension benefits from November 1, 2008 and the termination of benefits from February 1, 2009 was proper, based on the actual dates of the reduction and termination shown in the June 2024 decision, and as verified in the October 2024 SOC. The Veteran perfected her appeal as to the termination of pension benefits in October 2024. 

Unfortunately, the Board finds that another remand is required to ensure due process prior to consideration of the appeal. While the Appellant perfected her appeal, the record shows that the October 2024 SOC was not sent to the most recent address of record for the Appellant, and was returned undelivered. Moreover, the Appellant is not represented in this case. Therefore, a copy of the SOC was not received via her representative. As such, a remand is required so that a copy of the SOC can be sent to the Appellant's current address of record.

The matters are REMANDED for the following action:

Send a copy of the October 2024 Statement of the Case to the Appellant's current address of record, shown to be at 9*** "SL" St. Chicago, IL 60620 (abbreviated to protect privacy) as of the date of this decision. Thereafter, return the appeal to the Board for a decision.

 

 

K. Parakkal

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Kung, Christine

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.