10-47 965, 10-47 965

Veteran served on active duty Feb 1971–Dec 1973 and died in Sep 1984; appellant is his surviving son and claimant for improved death pension as a helpless child.
Claim received Oct 2008; VA previously found appellant permanently incapacitated for self-support (schizophrenia) in Oct 2009.
Board remanded in Apr 2013 and Dec 2015; AMC/RO requested financial status reports for 2009–2015 and issued SSOCs; appellant did not provide additional requested information.
VA annualized appellant’s countable income (Social Security, dual-entitlement survivor benefits, and wages) for relevant years and applied statutory exclusions for unreimbursed medical expenses where applicable.
For every annualization period on appeal, appellant’s countable income exceeded the applicable maximum annual pension rate for a child, including after considering reported medical expense deductions.
Board denied entitlement to improved non-service-connected death pension because the statutory income limits were not met.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Entitlement to improved death pension for a "helpless child" based on income limits	Appellant seeks death pension based on status as permanently incapacitated child; implies income/medical deductions justify award	VA argues appellant’s countable income (SSA, survivor benefits, wages) exceeded statutory maximums for each annualization period despite medical expense exclusions	Denied — appellant’s countable income exceeded the maximum annual pension rate throughout the appeal period, so benefit not payable

Stegall v. West, 11 Vet. App. 268 (1998) (Board must ensure compliance with its remands)
Sabonis v. Brown, 6 Vet. App. 426 (1994) (VCAA duties not operative where law precludes award regardless of factual development)
Manning v. Principi, 16 Vet. App. 534 (2002) (VCAA does not apply when legal criteria, not facts, are dispositive)