The Board has determined that the termination of nonservice-connected pension benefits with a special monthly pension, effective November 1, 2010, was improper due to the assets held by the Mendez Irrevocable Trust not being considered part of the Veteran's net worth.
The deciding factor: The Veteran does not retain an ownership interest in or control over the assets held by the Mendez Irrevocable Trust, and its assets are not part of the corpus of his estate. The termination was improper because the trust assets should not have been included when analyzing the Veteran's net worth.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 14, 2017
- Citation
- 1752061
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 1752061.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
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