Citation Nr: A25043390 Decision Date: 05/14/25 Archive Date: 05/14/25 DOCKET NO. 220112-210995 DATE: May 14, 2025 REMAND The claim that the RO's reduction of the Veteran's pension benefits was improper is remanded. REASONS FOR REMAND The Veteran had active-duty service from September 1970 to May 1972. On May 5, 2021, the RO informed the Veteran that it appeared that he and his spouse ("N") received benefits from the Social Security Administration (SSA) between December 1, 2014 and March 1, 2021 that had not previously been counted, and that it was therefore adjusting the Veteran's pension rates for the period from December 1, 2014 to March 1, 2021. In January 2022, the Veteran filed a Decision Review Request: Board Appeal (VA Form 10182) (NOD) electing the evidence submission docket. Therefore, the Board may only consider the evidence of record at the time of the May 5, 2021 decision, as well as any evidence submitted by the Veteran or his representative with, or within 90 days from receipt of, the VA Form 10182. 38 C.F.R. § 20.303. 1. The claim that the RO's reduction of the Veteran's pension benefits was improper is remanded. The Veteran asserts that his pension benefits were improperly reduced, to include the argument that VA incorrectly computed the amount of benefits that his spouse received from the Social Security Administration (SSA). See Veteran's NOD, received in January 2022. In June 1990, the RO granted the Veteran's claim for nonservice-connected pension. Beginning in 2007, the record includes the RO's notifications of cost-of-living adjustments in which it listed his and N's income from SSA benefits. See e.g., RO's notifications dated between November and December, 2007-2020. On February 24, 2021, the RO notified the Veteran in relevant part that that it had been counting the Veteran's monthly Social Security benefit rates incorrectly since December of 2014, and it proposed to adjust his monthly Social Security income and VA pension rates as a result. The RO stated that if the information pertaining to the increase to his monthly Social Security benefit rate was incorrect, he should provide signed copies of his Social Security benefit award letters showing otherwise within 60 days from the date of the letter. On May 5, 2021, the RO informed the Veteran that although it had requested him to have the SSA forward a statement as to the amounts that he received from them since December 1, 2014, it had not received any additional information from the SSA. The RO stated that it was therefore assuming that the information previously provided to VA by the SSA was correct. With regard to N, the RO listed specific yearly amounts that she had received from the SSA (there is an entry of $168,240.00 for the period from December 1, 2019 to February 28, 2021 that appears to the Board to be a typographical error). The RO also provided annual SSA income amounts for the Veteran. It appears that neither the Veteran nor his spouse had any relevant income during the time period in issue other than SSA benefits. Based on that information, the RO listed the Veteran's new, adjusted pension rates effective from December 1, 2014 to March 1, 2021; the old pension rates were not listed. A statement from the Social Security Administration (SSA) dated in December 2021, and received in January 2022, shows that the SSA stated that between January 2014 and May 2021 the Veteran's spouse received $58,259.85 in Supplemental Security Income. As the record now stands, the Board is unable to determine the amount of pension benefits that have been withheld, and why. The record does not clearly indicate the annual reductions made in the Veteran's pension benefits during the time period in issue. Furthermore, the record includes documentation from the RO ("RSDI payment history"), received in January 2022, which includes a "breakdown of payments" for N from January 2014 to May 2021. Those payments do not appear to conform to amounts listed in the SSA's January 2022 statement or the RO's May 5, 2021 letter. The RO's failure to provide and explain this information was a pre-decisional violation of VA's duty to assist. See 38 C.F.R. § 20.802. The RO should therefore complete a paid and due audit of the Veteran's account regarding his VA pension payments between December 1, 2014 and March 1, 2021, to include documentation of all Social Security benefits received by him and his spouse, make a determination as to whether any reductions that it made in the Veteran's VA pension payments between December 1, 2014 and March 1, 2021 were proper, and determine whether any additional pension benefits are payable to the Veteran for the period from December 1, 2014 to March 1, 2021. For context, the Board notes that in May 2021, VA's Pension Intake Center notified the Veteran that the SSA had notified them that N passed away in May 2021 and that his benefits would be adjusted accordingly. In July 2021, the RO notified the Veteran that it had reduced his award effective June 1, 2021 due to N's passing. This action is not implicated in the issue on appeal. The matters are REMANDED for the following action: Complete a paid and due audit of the Veteran's account regarding his VA pension payments between December 1, 2014 and March 1, 2021, to include documentation of all Social Security benefits received by him and his spouse (N), make a determination as to whether any reductions that it made in the Veteran's VA pension payments between December 1, 2014 and March 1, 2021 were proper, and determine whether any additional pension benefits are payable to the Veteran for the period from December 1, 2014 to March 1, 2021, and explain the reasons why. The audit and written narrative should be associated with the Veteran's claims file and a copy of the audit and written narrative should be sent to the Veteran and his representative. MATTHEW W. BLACKWELDER Veterans Law Judge Board of Veterans' Appeals Attorney for the Board T.S.E., 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.