Citation Nr: 1100499 Decision Date: 01/05/11 Archive Date: 01/14/11 DOCKET NO. 09-36 637 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in San Juan, the Commonwealth of Puerto Rico THE ISSUE Entitlement to special monthly pension based on the need for regular aid and attendance or by reason of being housebound. REPRESENTATION Appellant represented by: Puerto Rico Public Advocate for Veterans Affairs ATTORNEY FOR THE BOARD Jennifer Hwa, Counsel INTRODUCTION The Veteran served on active duty from October 1952 to October 1954. The appellant is the Veteran's surviving spouse. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an October 2008 rating decision by the Department of Veterans Affairs (VA), Regional Office (RO), in San Juan, the Commonwealth of Puerto Rico. Please note this appeal has been advanced on the Board's docket pursuant to 38 C.F.R. § 20.900(c) (2010). 38 U.S.C.A. § 7107(a)(2) (West 2002). The appeal is REMANDED to the RO via the Appeals Management Center (AMC), in Washington, DC. VA will notify the appellant if further action is required. REMAND Unfortunately, a remand is required in this case prior to further disposition of the appellant's claim for special monthly pension based on the need for regular aid and attendance or by reason of being housebound. Although the Board sincerely regrets the additional delay, it is necessary to ensure that there is a complete record upon which to decide the appellant's claim so that she is afforded every possible consideration. VA has a duty to make reasonable efforts to assist the claimant in obtaining evidence necessary to substantiate the claim for the benefits sought, unless no reasonable possibility exists that such assistance would aid in substantiating the claim. 38 U.S.C.A. § 5103A(a) (West 2002 & Supp. 2009); 38 C.F.R. § 3.159(c), (d) (2010). A review of the claims file shows that some of the documents are written in, or contain some writing, in Spanish, and they should be translated into English. Specifically, thirteen documents marked on the right side of the file with pink tabs need to be translated: VA Forms 21-4138 dated in June 2004, May 2008 (2 pages), August 2008, October 2008, November 2008 (2 separate documents), December 2008 (2 separate documents), and March 2009; an August 2001 private medical report; a report from Dr. Juan G. Miranda Iglesias, M.D.; and a receipt from Funeraria de Pedro. The RO should arrange to have these documents translated, and the translation reports from Spanish to English should be associated with the claims file. Accordingly, the case is REMANDED for the following action: (Please note, this appeal has been advanced on the Board's docket pursuant to 38 C.F.R. § 20.900(c) (2010). Expedited handling is requested.) 1. The RO/AMC shall arrange to translate the following thirteen documents (marked on the right side of the file with pink tabs) and associate the translations with the file: VA Forms 21-4138 dated in June 2004, May 2008 (2 pages), August 2008, October 2008, November 2008 (2 separate documents), December 2008 (2 separate documents), and March 2009; an August 2001 private medical report; a report from Dr. Juan G. Miranda Iglesias, M.D.; and a receipt from Funeraria de Pedro. 2. The RO/AMC will then review the claims file and ensure that the foregoing development actions have been conducted and completed in full, and that no other notification or development action, in addition to those directed above, is required. If further action is required, it should be undertaken prior to further claims adjudication. 3. The RO/AMC will then readjudicate the appellant's claim. If the benefits sought on appeal remain denied, the appellant and her representative should be provided with a Supplemental Statement of the Case. An appropriate period of time should be allowed for response. The appellant has the right to submit additional evidence and argument on the matter or matters the Board has remanded. Kutscherousky v. West, 12 Vet. App. 369 (1999). This claim must be afforded expeditious treatment. The law requires that all claims that are remanded by the Board of Veterans' Appeals or by the United States Court of Appeals for Veterans Claims for additional development or other appropriate action must be handled in an expeditious manner. See 38 U.S.C.A. §§ 5109B, 7112 (West Supp. 2010). _________________________________________________ DEMETRIOS G. ORFANOUDIS Acting Veterans Law Judge, Board of Veterans' Appeals Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the Board of Veterans' Appeals is appealable to the United States Court of Appeals for Veterans Claims. This remand is in the nature of a preliminary order and does not constitute a decision of the Board on the merits of your appeal. 38 C.F.R. § 20.1100(b) (2010).