The Board found that the reduction in payment of death pension benefits effective January 1, 2011 was proper based on the exclusion from income of unreimbursed medical expenses. The appellant's estimate for future costs for prescription and over-the-counter medications were not reasonably predictable.
The deciding factor: VA regulations allow exclusions from income of unreimbursed medical expenses after they have been paid, but also provide discretion to prospectively exclude unusual medical expenditures including nursing home fees and Medicare insurance premiums. The RO exercised this discretion in favor of the appellant by excluding assisted living facility fees, Medicare B and D insurance premiums, and adult diapers as prospective exclusions for 2011.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 24, 2014
- Citation
- 1447306
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 1447306.
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