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Designated for electronic publication only
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS
No. 19-3940
DONALD J. CRUSSE, APPELLANT,
V.
ROBERT L. WILKIE,
SECRETARY OF VETERANS AFFAIRS, APPELLEE.
Before PIETSCH, Judge.
MEMORANDUM DECISION
Note: Pursuant to U.S. Vet. App. R. 30(a), this action may not be cited as precedent.
PIETSCH, Judge: The pro se appellant, Donald J. Crusse, appeals a February 7, 2019,
Board of Veterans’ Appeals (Board) decision in which the Board denied him entitlement to “accrued benefits in excess of $1,530.” R. at 7-11. This appeal is timely and the Court has jurisdiction over the matters on appeal pursuant to 38 U.S.C. §§ 7252(a) and 7266. Single-judge disposition is appropriate when the issues are of “relative simplicity” and “the outcome is not reasonably debatable.” Frankel v. Derwinski, 1 Vet.App. 23, 25-26 (1990). For the reasons that follow, the Court will vacate the Board’s decision and remand the matter on appeal for further proceedings consistent with this decision.
I. BACKGROUND
Veteran Donald Crusse served on active duty in the U.S. Army from January 1945 until
November 1946. R. at 251. He died on November 22, 2008. R. at 95.
In August 2014, Mr. Crusse’s surviving spouse and the appellant’s mother, Kathleen L.
Crusse, filed a claim for entitlement to pension benefits. R. at 238-45. On October 10, 2014, the
VA regional office (RO) granted Mrs. Crusse entitlement to aid and attendance effective August
2
15, 2014. R. at 214-17. She disagreed with the decision because, she asserted, “medical expenses
for” assisted living care were “not taken into account.” R. at 208.
On March 18, 2015, Mrs. Crusse asked VA
Read the full thread below
Single Judge Application; VA Adjudication Procedures Manual, M21-MR, part V, supbart i, chapter 3, section D.15; death caused by a lingering or prolonged illness or acute attack;
Designated for electronic publication onlyUNITED STATES COURT OF APPEALS FOR VETERANS CLAIMSNo. 19-3940DONALD J. CRUSSE, APPELLANT,V.ROBERT L. WILKIE,SECRETARY OF VETERANS AFFAIRS, APPELLEE.Before PIETSCH, Judge.MEMORANDUM DECISIONNote: Pursuant to U.S. Vet. App. R. 30(a), this action may not be cited as precedent. PIETSCH, Judge: The pro se appellant, Donald J.
