Citation Nr: 18148097 Decision Date: 11/06/18 Archive Date: 11/06/18 DOCKET NO. 17-34 982 DATE: November 6, 2018 REMANDED The claim of entitlement to a higher level of special monthly compensation (SMC) is remanded. The Veteran had honorable active duty service with the United States Air Force from January 1991 to December 1994. In a July 2015 rating decision, the local Regional Office (RO) awarded entitlement to a SMC based on statutory housebound status; however, the Veteran still seeks entitlement to a SMC at the higher rate. REASONS FOR REMAND Although further delay is regrettable, the Board of Veterans’ Appeals (Board) finds that a remand is necessary in this case to ensure that due process is followed and that there is a complete record upon which to decide the Veteran’s claim so that he is afforded every possible consideration. 38 U.S.C. § 5103A; 38 C.F.R. § 3.159. The Veteran was granted entitlement to a SMC based on housebound status in a July 2015 rating decision. The Veteran contends that he is entitled to a higher level of SMC. Compensation at the higher rate of SMC, based on aid and attendance, is payable when the Veteran, due to service-connected disability, has suffered the anatomical loss or loss of use of both feet or one hand and one foot, or is blind in both eyes, or is permanently bedridden or so helpless as to be in need of regular aid and attendance. 38 U.S.C. § 1114(l) (2012); 38 C.F.R. § 3.350(b) (2018). Determinations as to the need for regular aid and attendance are factual and must be based upon the actual requirements for personal assistance from others. In making such determinations, consideration is given to such conditions as: the inability of the claimant to dress or undress himself, or to keep himself ordinarily clean and presentable; frequent need of adjustment of any special prosthetic or orthopedic appliances which by reason of the particular disability cannot be done without assistance; the inability of the claimant to feed himself through loss of coordination of upper extremities or through extreme weakness; the inability to attend to the wants of nature; or incapacity, either physical or mental, which requires care or assistance on a regular basis to protect a claimant from hazards or dangers incident to one’s daily environment. It is not required that all of the disabling conditions enumerated be present before a favorable rating is made. 38 C.F.R. § 3.352(a) (2018). To date, the Veteran has not been afforded a VA examination to determine whether he requires the regular aid and attendance of another person because of his service-connected disabilities. Thus, the Board finds that such an examination is necessary to adjudicate this appeal. Additionally, on remand, the Agency of Original Jurisdiction (AOJ) should make appropriate efforts to ensure that all pertinent private treatment records and any updated VA records dated since June 30, 2016 are associated with the claims file. The matter is REMANDED for the following actions: 1. Ask the Veteran to provide the names and addresses of all medical care providers who have recently treated him for his service-connected disabilities. After securing any necessary releases, the AOJ should request any relevant records identified. The Veteran should also be offered the option to provide any such record himself. In addition, obtain any VA treatment records dated since June 30, 2016. If any requested records are unavailable, the Veteran should be notified of such. 2. After the above is completed to the extent possible, schedule the Veteran for an examination by an appropriate clinician to determine whether he requires the regular aid and attendance of another person because of his service-connected disabilities. The entire claims file, to include all electronic files, must be reviewed by the examiner. The examiner must state whether the Veteran requires the regular aid and attendance of another person because of his service-connected disabilities. The examiner is advised that service connection is in effect for generalized sarcoidosis with headaches, cardiomegaly, diabetes mellitus, major depressive disorder with sleep disorder, erectile dysfunction with balanoposthitis, right lower extremity neuropathy, left lower extremity neuropathy, right upper extremity neuropathy, left upper extremity neuropathy, and dermatitis of the posterior bilateral thighs. The examiner must comment on whether, due to the Veteran’s service-connected disabilities, he is able to care for his basic needs, including to dressing and undressing himself; keep himself ordinarily clean and presentable; whether he has a frequent need of adjustment of any special prosthetic or orthopedic appliance; his ability to feed himself; his ability to tend to the wants of nature; as well as any other incapacity, physical or mental, which requires care and assistance on a regular basis to protect the claimant from the hazards or dangers incident to his daily environment. A complete rationale should be provided for all conclusions and opinions expressed. 3. After completing all indicated development, the Veteran’s claim should be readjudicated based on the entirety of the evidence. If the benefit sought on appeal is not granted, the Veteran should be provided a Supplemental Statement of the Case (SSOC) and afforded the requisite opportunity to respond before the case is remanded to the Board. J. A. Anderson Acting Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Y. MacDonald, Associate Counsel