Citation Nr: 18160897
Decision Date: 12/28/18	Archive Date: 12/28/18

DOCKET NO. 16-56 966
DATE:	December 28, 2018

REMANDED

Entitlement to special monthly compensation (SMC) based on aid and attendance  is remanded.

REASONS FOR REMAND

The record reflects that pertinent VA-generated evidence has been added to the claims file since the claims were last adjudicated in a July 2016 Statement of the Case (SOC). Specifically, relevant VA treatment records were added to the claims file in May and July 2018, subsequent to the July 2016 SOC. 

While 38 U.S.C. § 7105(e) provides an automatic waiver of initial AOJ review if a veteran submits evidence to the AOJ or the Board with, or after submission of, a substantive appeal, this provision is only applicable to cases where the substantive appeal was filed on or after February 2, 2013 (applicable here), but does not apply to VA-generated evidence, such as VA treatment records. 38 U.S.C. § 7105(e). Accordingly, a remand is required for the AOJ to consider this evidence in a Supplemental Statement of the Case (SSOC).

The matter is REMANDED for the following action:

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Readjudicate the claim on appeal with consideration of all evidence received since the July 2016 SOC.

 

M. Tenner

Veterans Law Judge

Board of Veterans’ Appeals

ATTORNEY FOR THE BOARD	Diane M. Donahue Boushehri, Counsel