Citation Nr: 18140819 Decision Date: 10/05/18 Archive Date: 10/05/18 DOCKET NO. 18-37 836 DATE: October 5, 2018 REMANDED Entitlement to service connection for unspecified arthritis is remanded. Entitlement to service connection for bilateral carpal tunnel syndrome is remanded. Entitlement to service connection for tinnitus is remanded. Entitlement to special monthly compensation based on the need for aid and attendance or housebound status is remanded. REASONS FOR REMAND The Veteran served on active duty from September 1951 to March 1953. This case comes before the Board of Veterans’ Appeals (Board) on appeal from January 2011 and May 2016 rating decisions by the Department of Veterans Affairs (VA). Initially, the Board notes that in May 2010, the Veteran telephoned VA to inform them that he would like to be considered for entitlement to special monthly pension (SMP) based on the need for aid and attendance. The VA employee taking the call indicated that VA was going to send the Veteran the appropriate forms. The record is unclear as to whether the Veteran was sent this information. There are no indications that the Veteran wished to pursue his claim until March 2016, when he provided a document pertaining to a private examination conducted to evaluate aid and attendance and housebound status. VA interpreted this examination as a claim for entitlement to special monthly compensation (SMC) based on the need for aid and attendance. After a May 2016 rating decision was issued denying the claim, the Veteran continuously pursued the claim to the Board. However, based on the fact that the Veteran previously indicated his interest in SMP and not SMC, the Board refers the issue of SMP based on the need for aid and attendance or housebound status for adjudication. 1. Entitlement to service connection for unspecified arthritis is remanded. 2. Entitlement to service connection for bilateral carpal tunnel syndrome is remanded. 3. Entitlement to service connection for tinnitus is remanded. In May 2010, the Veteran filed claims for service connection for unspecified arthritis, bilateral carpal tunnel syndrome, and tinnitus. He filed a timely Notice of Disagreement in April 2011. A Statement of the Case was issued in April 2012. In May 2012, the Veteran filed a substantive appeal, VA Form 9, regarding these three issues. On the VA Form 9, the Veteran indicated his desire for a Board hearing at a local VA office. Despite the Veteran’s timely appeal, VA never provided the Veteran with a hearing or certified these claims. Instead, it appears that VA closed the Veteran’s claims, citing the fact that no timely VA Form 9 had been submitted. However, a VA Form 9 with a time-stamped date of May 29, 2012 clearly effectuates the Veteran’s appeal. As a result, the Board is taking jurisdiction of these claims and remanding them for appropriate action prior to adjudication by the Board. The appropriate action includes informing the Veteran of the existence of these claims and finding what course of action the Veteran wants to take with respect to the claims. On an additional note, the Veteran stated in August 2018, with regards to his SMC claim on appeal, that he does not want a Board hearing. As the Veteran did not know that these other issues were on appeal and no references are made to these claims, the Veteran’s hearing request stands. 4. Entitlement to special monthly compensation based on the need for aid and attendance or housebound status is remanded. If granted, the above service connection claims will impact any decision respecting an award of special monthly compensation based on the need for aid and attendance or housebound status. After the above development, and any additionally indicated development, has been completed, readjudicate the issue of entitlement to special monthly compensation based on the need for aid and attendance or housebound status. See Henderson v. West, 12 Vet. App. 11, 20 (1998); Harris v. Derwinski, 1 Vet. App. 180, 183 (1991). The matters are REMANDED for the following action: 1. Inform the Veteran that the issues of entitlement to service connection for unspecified arthritis, bilateral carpal tunnel syndrome, and tinnitus have been determined by the Board to be on appeal. Ask the Veteran and his representative whether or not they have additional evidence to submit regarding these claims. Inform the Veteran of his previous selection of a travel board hearing. Ask the Veteran whether he still wants a hearing in front of the Board. (a) If he wants a hearing, schedule the Veteran for a travel board hearing at the earliest available opportunity. (b) If he does not want a hearing, return the case to the Board for adjudication. 2. Readjudicate the issues on appeal, including the inextricably intertwined issue of entitlement to special monthly compensation based on the need for aid and attendance or housebound status. If the benefit sought is not granted to the Veteran’s satisfaction, send the Veteran and his representative a Supplemental Statement of the Case and provide an opportunity to respond. If necessary, return the case to the Board for further appellate review. B.T. KNOPE Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD A. Borman, Associate Counsel