Citation Nr: 18144788
Decision Date: 10/25/18	Archive Date: 10/25/18

DOCKET NO. 16-21 747
DATE:	October 25, 2018
REMANDED
The issue of entitlement to special monthly compensation (SMC) for accrued benefits purposes is remanded.
REASONS FOR REMAND
The Veteran served on active duty from May 1967 to May 1969.  He died in May 2011.  The appellant is his surviving spouse.          
This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a March 2012 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in St. Paul, Minnesota.  
The issue of entitlement to SMC for accrued benefits purposes is remanded.
The record indicates that, prior to his death, the Veteran received SMC under subsections (k), (m), and (p) of 38 U.S.C. § 1114 (2012).   
The issue perfected on appeal is whether SMC under subsection (r) was warranted.  There are several ways in which a claimant could qualify for SMC under subsection (r).  One way is detailed under 38 C.F.R. § 3.350(e)(2), which expands on 38 U.S.C. § 1114(o).  As noted by the representative, 38 C.F.R. § 3.350(e)(2) states that the Veteran would have been eligible for SMC under (r) if his lower extremity disability was accompanied by loss of anal and bladder sphincter control.  The record is clear that the Veteran had paraplegia.  It is not clear if paraplegia was accompanied by loss of anal and bladder sphincter control.  An opinion based on a review of the evidence is therefore warranted.  
The matter is REMANDED for the following action:
1. Request from the appellant a written statement detailing any anal and bladder sphincter control the Veteran experienced prior to his death.   
2. After the foregoing development has been completed, schedule a medical examination of the claims file to determine whether, prior to his death, the Veteran at least as likely as not (i.e., probability of 50 percent or greater) experienced a loss of anal and bladder sphincter control.  
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In answering this question, review and consider the lay statements as well as the medical evidence of record.  Also note that the loss of anal and bladder sphincter control is approximated even though incontinence may have been overcome under a strict regimen of rehabilitation of bowel and bladder training and other auxiliary measures.
 
G. A. WASIK
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Christopher McEntee, Counsel