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
- Not verified here — check the original 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 indexed 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. Read the original VA decision (opens in a new tab) using citation 19103111.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.