Citation Nr: 18129167
Decision Date: 08/24/18	Archive Date: 08/23/18

DOCKET NO. 15-29 229
DATE:	August 24, 2018
REMANDED
Entitlement to special monthly compensation (SMC) based on aid and attendance or housebound status is remanded.
REASONS FOR REMAND
The Veteran served on active duty in the United States Army from October 1964 to April 1965 with additional Reserve service from March 1968 to July 1968.
This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a May 2014 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO).
Entitlement to SMC based on aid and attendance or housebound status is remanded.
The Veteran seeks SMC benefits based on the need for aid and attendance or at the housebound rate because of his service-connected hiatal hernia and schizophrenia disabilities.  VA has a duty to assist the Veteran in the development of his SMC claim.  In this instance, the claims folder does not contain a VA examination addressing the criteria necessary to establish entitlement to SMC, as detailed in 38 U.S.C. § 1114(l) and 38 C.F.R. §§ 3.350(b), 3.352(a).  There are two mental disorders VA examinations of record during the appeal period, but the VA examiners only addressed his service-connected schizophrenia and failed to take into consideration the Veteran’s lay statements regarding his need for aid and attendance.  Thus, the Board must remand this matter for an appropriate and adequate VA examination and medical opinion.  Updated VA treatment records should also be secured.
The matter is REMANDED for the following action:
1. Obtain any outstanding VA treatment records.
2. Thereafter, schedule the Veteran for a VA examination to determine whether he needs the regular aid and attendance of another person or is housebound as a result of his service-connected disabilities (hiatal hernia and schizophrenia disabilities).  The claims file must be made available to and reviewed by the examiner. 
Following review of the claims file and examination of the Veteran, the examiner should determine whether the Veteran’s service-connected disabilities, alone, render him permanently bedridden or so helpless as to be in need of regular aid and attendance.  In addressing this question, the examiner should comment on the Veteran’s statements that he has to hire someone to help him with his household chores, maintenance of his home, personal care, preparation of his meals, assist him in going to medical appointments, and outsourcing his laundry, due to his service-connected disabilities.  See October 2011 and February 2014 Veteran Statements and July 2014 Notice of Disagreement. 
If a favorable opinion is rendered, then the examiner should estimate the earliest date since July 2011 that the need for aid and attendance arose, or the Veteran became housebound.
A complete rationale should be provided for all opinions expressed.
 
S. BUSH
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	R. Asante, Associate Counsel