15-01 843, 15-01 843

Veteran served on active duty Jan 1973–Dec 1976 and applied for improved nonservice-connected pension in Sept 2008.
AOJ (VA Pension Management Center, Milwaukee) denied the claim in Sept 2008, finding family income exceeded the MAPR for a Veteran with one dependent.
Veteran’s wife died in Jan 2009; Veteran reported reduced earnings in 2009 and submitted payroll showing $11,697 earned Jan–Jul 2009 and $10 in bank; no employment evidence after Jul 2009.
Veteran began receiving SSA disability (and a small surviving-spouse SSA payment) in 2010; the combined SSA benefits for 2010 onward produced annual income above the applicable MAPR each year.
MAPR values: $14,643 (Dec 1, 2007, one dependent); $11,830 (Dec 1, 2008–Nov 30, 2012, single); then adjusted annually (e.g., $12,465 for Dec 1, 2012, etc.).
Veteran did not substantiate medical expense deductions for 2010–present; Board found no duty-to-notify/assist prejudice and proceeded to merits.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Veteran's countable income exceeded MAPR for entitlement to improved nonservice-connected pension	Veteran argued reduced 2009 earnings and wife's death reduced family income; sought pension for 2009 and later years	AOJ argued combined countable income (Veteran + spouse SSA where applicable) exceeded MAPR for 2008 and 2010–present; denied benefits	Held: Entitlement established for Jan–Dec 2009 (income <$11,830). Denied for 2008 and 2010–present because countable income exceeded MAPR.

Scott v. McDonald, 789 F.3d 1375 (Fed. Cir.) (Board need not raise procedural arguments not asserted by appellant)
Dickens v. McDonald, 814 F.3d 1359 (Fed. Cir.) (applies Scott: appellant must raise duty-to-assist arguments before Board)
Sabonis v. Brown, 6 Vet. App. 426 (Vet. App.) (eligibility for pension may be denied as a matter of law where income exceeds statutory limits)