Citation Nr: 1321380	
Decision Date: 07/03/13    Archive Date: 07/12/13

DOCKET NO.  09-21 615	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in New Orleans, Louisiana


THE ISSUE

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


REPRESENTATION

Appellant represented by:	The American Legion


ATTORNEY FOR THE BOARD

J. Murray, Associate Counsel


INTRODUCTION

The Veteran served on active duty in the United States Army from July 1974 to July 1977.

This matter comes to the Board of Veterans' Appeal (Board) on appeal from an October 2008 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO), which denied the claim for special monthly pension.

On his July 2009 VA Form-9, substantive appeal, the Veteran indicated his desire to testify before a member of the Board at the RO.  The Veteran was scheduled for such a hearing in March 2010, but prior to that date, he withdrew his request in a February 2010 correspondence.  His hearing request is considered withdrawn.  38 C.F.R. § 20.704(e) (2012).

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

The Board has reviewed the claims file and finds that further development is required before deciding the claims on appeal.

On his November 2008 notice of disagreement, the Veteran indicated that receives disability benefits from the Social Security Administration (SSA).  No attempt has been made to obtain any records associated with the Veteran's SSA disability benefit award.  Where VA has actual notice of the existence of records held by SSA that appear relevant to a pending claim, VA has a duty to assist by requesting those records from SSA.  See Murincsak v. Derwinski, 2 Vet. App. 363, 369-70 (1992).  Thus, on remand, the records from SSA should be requested because they may be relevant to his claim for special monthly pension.

In addition, on remand, the Veteran should be asked for his assistance in obtaining any outstanding records of VA or private treatment, and any identified records should be obtained and associated with the claims folder.  The record suggests that the Veteran was receives ongoing treatment from Iberia Comprehensive Community Health Center, but no additional records have been updated in the claims folder since August 2008. 

Accordingly, the case is REMANDED for the following action:

1. Request from the SSA the records pertinent to the Veteran's claim for Social Security disability benefits as well as the medical records relied upon concerning that claim.

2. Contact the Veteran to seek his assistance in obtaining any outstanding records of VA or private treatment (to include treatment records from Iberia Comprehensive Community Health Center from August 2008) and associate them with the claims folder.

After the Veteran has signed any appropriate releases, any identified records that are not duplicates of those already contained in the claims folder should be requested.  All attempts to procure records should be documented in the file. 

If the AMC/RO cannot obtain records identified by the Veteran, a notation to that effect should be inserted in the file and the Veteran and his representative notified of such. 

3. After completion of the above and any additional development deemed necessary, the issues on appeal should be reviewed.  If the benefits sought on appeal remain denied, the Veteran and his representative should be furnished an appropriate supplemental statement of the case and be afforded the opportunity to respond.  Thereafter, the case should be returned to the Board for appellate review.

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. 2012).




_________________________________________________
DAVID L. WIGHT
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).