08-29 898, 08-29 898

Veteran served 1943–1946; died January 1991. His surviving spouse received Special Monthly Pension with Aid & Attendance until her death on November [redacted], 2007.
Appellant is the surviving spouse’s son, her court-appointed fiduciary and payee for pension benefits.
Appellant sought reimbursement of the surviving spouse’s final expenses (medical, home care, funeral, taxes, utilities, repairs) as accrued benefits in a March 2008 claim and subsequent appeals.
VA Regional Office (RO) paid benefits through the month of the spouse’s death and informed appellant in May 2008 that no accrued benefits were payable because all entitled benefits were paid.
Board remanded in March 2010 for clarification and notice; RO gave adequate notice in 2012 and re-adjudicated in 2016; appellant’s designated representative failed to submit argument despite opportunity.
Board concluded accrued benefits are payable only for benefits to which the deceased was entitled and unpaid at death; because pension was paid through the month of death, no unpaid benefits remained, so reimbursement was denied.

Issue	Appellant's Argument	VA/RO Argument	Held
Entitlement to accrued benefits to reimburse surviving spouse’s final expenses	Appellant (son/fiduciary) asserted unpaid pension payments at death and sought reimbursement for last sickness, burial, and other final expenses	VA/RO argued all benefits to which the surviving spouse was entitled at death (pension through the last day of the month of death) were paid, leaving no accrued amount	Denied — no accrued benefits payable because pension was paid through month of death; no unpaid benefits remained

Stegall v. West, 11 Vet. App. 268 (1998) (remand compliance standard)
D'Aries v. Peake, 22 Vet. App. 97 (2008) (substantial compliance with remand requirements)