Citation Nr: 18151573
Decision Date: 11/19/18	Archive Date: 11/19/18

DOCKET NO. 17-65 371
DATE:	November 19, 2018
REMANDED
Entitlement to special monthly compensation (SMC) based on the need for regular aid and attendance, or at the housebound rate, is remanded.
REASONS FOR REMAND
The Veteran served on active duty in the U.S. Army from April 1969 to April 1971 and from December 1990 to June 1991.  He also served in the U.S. Army Reserve.
This matter comes to the Board of Veterans’ Appeals (Board) on appeal from an August 2016 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in San Juan, the Commonwealth of Puerto Rico.
Entitlement to SMC based on the need for regular aid and attendance, or at the housebound rate, is remanded.
In December 2016, the Veteran submitted a VA Form 21-4142a (General Release for Medical Provider Information) indicating that he had received treatment through the VA Caribbean Healthcare System from February 1982 to the present.  The claims file does not appear to contain any VA clinical records dated later than March 2002.  Because later dated records, if obtained, could bear on the outcome of the Veteran’s appeal, efforts must be made to procure them.  38 U.S.C. § 5103A; 38 C.F.R. § 3.159(c).  See also Bell v. Derwinski, 2 Vet. App. 611 (1992) (holding that VA is charged with constructive notice of medical evidence in its possession).
The agency of original jurisdiction (AOJ) attempted to mail the Veteran an Employment Questionnaire in August 2017.  However, the form was returned by the Postal Service.  The Veteran has since provided an updated address (on his December 2017 VA Form 9).  As such, on remand, the AOJ should re-mail the form to the Veteran.
The Veteran was examined on two occasions in connection with the present appeal; in May and August 2016.  It is not entirely clear from either report whether the examiners believed that the Veteran was in need of regular aid and attendance, and/or was housebound, as a result of his combined service-connected disabilities, without regard to non-service-connected impairments.  A new examination is necessary. 
This matter is REMANDED for the following action:
1.  Obtain all outstanding VA medical records pertaining to the Veteran, to include all records of treatment he has received through the VA Caribbean Healthcare System.
2.  Re-mail an Employment Questionnaire to the Veteran (originally sent in August 2017) at the updated address he provided on his December 2017 VA Form 9.
3.  After the foregoing development has been completed to the extent possible, arrange to have the Veteran scheduled for a VA housebound and aid and attendance examination.  The examiner should review the record.  All indicated tests should be conducted and the results reported.
After examining the Veteran and reviewing the record, together with the results of any testing deemed necessary, the examiner should provide a clear opinion as to whether it is at least as likely as not (i.e., whether it is 50 percent or more probable) that the Veteran is need of regular aid and attendance, or is housebound, as a result of functional impairment associated with his combined service-connected disabilities, without regard to non-service-connected impairments.
A complete rationale for all opinions should be provided.
4.  After completing the above, and any other development as may be indicated by any response received as a consequence of the actions taken in the preceding paragraphs, the Veteran’s claim should be readjudicated based on the entirety of the evidence.  If the benefit sought remains denied, the Veteran and his representative should be issued a supplemental statement of the case.  An appropriate period of time should be allowed for response.
 
DAVID A. BRENNINGMEYER
Acting Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	T. Minot, Associate Counsel