Citation Nr: 19190020 Decision Date: 11/29/19 Archive Date: 11/29/19 DOCKET NO. 11-17 277 DATE: November 29, 2019 REMANDED Entitlement to special monthly compensation (SMC) based on the need for regular aid and attendance or housebound status is remanded. REASONS FOR REMAND The Veteran had active duty service from December 1950 to December 1953. Entitlement to SMC based on the need for regular aid and attendance or housebound status The Board denied the Veteran’s claim for entitlement to SMC based on the need for regular aid and attendance or housebound status in an August 2018 determination. The Veteran appealed that determination to the Court of Appeals for Veterans Claims (Court), and in a May 2019 Joint Motion for Remand (JMR), the parties moved to vacate the Board’s August 2018 decision and remand the matter for further consideration. The Court granted the motion later in May 2019. Specifically, the parties to the JMR found the Board’s discussion inadequate as to January 2016 and January 2017 VA examination reports, where the first report diagnosed the Veteran with dementia and attributed his increased mental health symptoms to that diagnosis. The January 2017 report, by contrast, concluded that the Veteran did not have dementia. The JMR found these conclusions to be in direct conflict. In light of the concerns regarding the prior examination reports, the Board concludes that a remand is necessary to explain and/or reconcile these potentially disparate conclusions. The Veteran has been awarded service connection for depressive reaction, anxiety, and posttraumatic stress disorder but not for dementia. In addition, the JMR noted that several VA treatment records included documents that had been scanned into the VistA imaging system but had not been associated with the electronic claims file used in adjudicating the Veteran’s current claim. On remand, the AOJ should associate those records with the electronic claims file. The matters are REMANDED for the following action: 1. Associate with the electronic claims file all VA treatment records from February 2017 to the present. 2. Associate with the electronic claims file the records listed as scanned VistA images from a September 2012 Nursing Recovery Room Note, an August 2013 Non-VA Care Radiology / Interventional Radiology record, a November 2014 Non-VA Consult record, and a March 2015 Scanned Emergency Department Note from VistA or other appropriate system and scanned in to the Veteran’s electronic claims file to allow the Board access to the records. 3. Schedule the Veteran for an examination by an appropriate clinician to determine the nature and etiology of any acquired psychiatric disorder. The examiner must opine as to: (a) whether the Veteran has a current diagnosis of dementia or has had a diagnosis of dementia at any point during the appellate period. In reaching the foregoing opinion, the examiner is requested to discuss, and reconcile to the extent necessary, the findings of the January 2016 and January 2017 examination reports. Specifically, the January 2016 examination report diagnosed dementia, while the January 2017 examination report concluded that the Veteran did not have dementia; and (b) if the examiner concludes that the Veteran has a diagnosis of dementia, whether it is at least as likely as not that the dementia was caused or aggravated by the Veteran’s service-connected depressive disorder. 4. After the above is complete and conducting any other necessary development, readjudicate the Veteran’s claim. If a complete grant of benefits is not granted, issue a supplemental statement of the case (SSOC) to the Veteran and his representative. J.W. FRANCIS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board C. J. Houbeck, Counsel The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.