Citation Nr: A25035342
Decision Date: 04/16/25	Archive Date: 04/16/25

DOCKET NO. 240625-451071
DATE: April 16, 2025

ORDER

The appeal as to whether the reduction and termination of nonservice-connected pension benefits, was proper is dismissed.

FINDING OF FACT

In a March 2024 Notification Letter from the Debt Management Center (DMC), the appellant was informed that a pension debt of $69,351.00 was created due to a data quality issue, which impacted the Income Match program between VA and the Social Security Administration (SSA).  The letter also informed the appellant that VA would not collect the pension debt because the debt was effectively invalid.

CONCLUSION OF LAW

The appeal regarding the July 1, 2015, reduction and July 1, 2016, termination of pension benefits is dismissed.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from March 1975 to April 1980.  He died in May 2015.  The appellant is his surviving spouse.  

The rating decision on appeal was issued in June 2023.  In August 2023, the appellant filed a Supplemental Claim.  If an appellant files a Supplemental Claim, new and relevant evidence must be presented for the agency of original jurisdiction (AOJ) to readjudicate the claim, taking into consideration all the evidence of record.  38 C.F.R. §§ 3.156(d), 3.2501.  In March 2024, the AOJ continued the denial.

The Board notes that the AOJ issued a supplemental claim decision, which adjudicated the claim on the merits as if new and relevant evidence had been received.  Accordingly, the Board finds this to be an implied favorable finding by the AOJ.

In March 2024, the appellant filed VA Form 10182, Notice of Disagreement, choosing to continue her appeal via Direct Review by a Veterans Law Judge under the Appeals Modernization Act (AMA).  Direct review is the appeal option to the Board in which a Board decision is issued based on evidence of record at the time of the prior decision.  The Board cannot hold a hearing or accept into the record additional evidence in its direct review.

Dismissal

The Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed.  38 U.S.C. § 7105.  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.205.  Withdrawal may be made by the appellant or by his or her authorized representative.  Id.

Analysis 

The appellant contends that she is entitled to full pension benefits. 

In July 2015, the appellant was awarded death pension benefits effective May 1, 2015.  In October 2022, VA informed the appellant that it received information from SSA which showed she began receiving SSA benefits in December 2016.  As this increased her countable income, VA proposed to retroactively terminate the appellant's pension benefits from July 1, 2016, the date her annual income for VA purposes exceeded the applicable MAPR for a surviving spouse with no dependents with aid and attendance.    

In June 2023, VA reduced the appellant's benefits effective July 1, 2015, and terminated her benefits effective July 1, 2016.  The DMC assessed a debt of $69,351.00.  The appellant disagreed with the decision.

Although outside the period on appeal, in March 2024, DMC informed the appellant that VA had experienced a "data quality issue" which impacted VA's ability to verify her eligibility for pension benefits.  This issue impacted the "Income Match program" between SSA and VA.  After the SSA Income Match was reestablished, VA created a debt on her pension account based on updated SSA income information.  VA informed her that it would not collect this pension debt and had reduced her debt amount accordingly.  Additionally, if she had already made payments based on the previous debt notice, she would be refunded the amount.  VA noted the "original" debt balance of $69,351.00 and updated the "current" debt balance to $0.00.      

Therefore, as the reduction and termination were determined to be improper and no overpayment remained, there is no justiciable case or controversy because the benefit sought on appeal was effectively granted in full.  

Accordingly, the appeal is dismissed.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.

 

 

MICHAEL LANE

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Moore, T.

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.