Citation Nr: 1304562	
Decision Date: 02/07/13    Archive Date: 02/19/13

DOCKET NO.  10-13 373	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Muskogee, Oklahoma


THE ISSUE

Entitlement to special monthly pension based on the need for aid and attendance or for being housebound.


ATTORNEY FOR THE BOARD

D. Cherry, Counsel


INTRODUCTION

The Veteran had active service from August 1974 to January 1976. 

This case comes before the Board of Veterans' Appeals (Board) on appeal from a decision rendered by the Department of Veterans Affairs (VA) Regional Office (RO) in Muskogee, Oklahoma. 

In June 2011 and July 2012, the Board remanded the instant appeal for additional development of the record.  

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

If the criteria for special monthly pension based on the need for regular aid and attendance are not met, special monthly pension can be awarded if the veteran is permanently housebound by reason of disability.  38 U.S.C.A. § 1521(e) (West 2002), 38 C.F.R. § 3.351(d) (2012).

Special monthly pension is payable at a specified rate if a veteran has one permanent disability rated as 100 percent disabling, and either has a separate disability or disabilities rated at 60 percent or higher or she is permanently housebound.   38 C.F.R. § 3.351(d).

The RO granted special monthly pension based on the grant of Social Security disability benefits.  The RO did not indicate what the Veteran's disabilities are, nor did the RO assign ratings for such disabilities.  The AMC should determine what the appellant's disabilities are and assign ratings for such disabilities for pension purposes.

Accordingly, the case is REMANDED for the following actions:

1.  The AMC should ask the Veteran to identify all treatment for all of her disabilities.  Regardless of the appellant's response, the AMC must obtain all records from the Fayetteville, Arkansas and Muskogee VA Medical Centers since April 2008.  Any obtained records must be associated with the Veteran's claims file.  

2.  Thereafter, the AMC should determine what the appellant's disabilities are and assign ratings for such disabilities for pension purposes.  The AMC is free to undertake any additional development deemed necessary in this regard, in light of any evidence obtained, to include obtaining any examinations if the treatment records are not sufficient to allow for a determination.

3.  Thereafter, the AMC must readjudicate the issue on appeal.  If the benefit is not granted, the Veteran must be furnished with a supplemental statement of the case and afforded an opportunity to respond before the file is returned to the Board for further appellate consideration.

The appellant has the right to submit additional evidence and argument on the matter 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. 2012).




_________________________________________________
MICHAEL LANE
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) (2012).