The Board has decided to remand the cases for further action due to issues related to income verification and overpayment of non-service-connected disability pension benefits. The Veteran's spouse’s income from June 1, 2010 through May 31, 2015 was included in calculating his pension benefits, which he disputes. Additionally, there is a dispute regarding the creation of an overpayment of $27,370.00 and whether the Veteran should be granted a waiver to recover this amount.
The deciding factor: The reduction of non-service-connected disability pension benefits was improperly calculated due to the inclusion of income from his spouse's reported earnings in years when she did not work or have income.
- Claimed conditions
- Housebound status
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 15, 2019
- Citation
- 19103111
Veterans Law Judge
Decisions by this judge: 1,429 · Granted: 29% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19103111.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the case due to inadequate development of evidence regarding the appellant's housebound status prior to May 8, 2013. The VA needs to obtain a retrospective opinion addressing whether the appellant was permanently housebound as a result of his service-connected disabilities for that period.
- Remanded (sent back)
The Board has decided to remand the case due to inadequate examination for housebound status or permanent need for regular aid and attendance, requiring a new examination.
- Remanded (sent back)
The Board has remanded the case due to a duty to assist error, specifically regarding records within constructive possession of VA that were not associated with the claim file prior to the decision on appeal.
- Remanded (sent back)
The Board has determined that there was a pre-decisional duty to assist error in the AOJ's handling of the SMC housebound claim, and thus remands the case for further development.
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