Citation Nr: 20002104
Decision Date: 01/09/20	Archive Date: 01/09/20

DOCKET NO. 16-07 423
DATE: January 9, 2020

REMANDED

Entitlement to special monthly compensation (SMC) based on the need for regular aid and attention of another person or housebound status is remanded.

REASONS FOR REMAND

The Veteran had active service from April 1972 to April 1975.

This matter was before the Board in May 2018 when it was remanded along with other issues.  Indeed, the Board found that SMC was inextricably intertwined with service connection disabilities pertinent to lumbar spine, cervical spine, seizures, left lower extremity, as left ear hearing loss.  These issues were remanded for further development to include VA examinations.  It appears that the Veteran was afforded the requested VA examinations, but no Supplemental Statement of the Case (SSOC) has been issued yet.  

The inextricably intertwined SMC issue has returned to the Board without development having been completed for the other service connection disability claims.  Thus, the agency of original jurisdiction failed to substantially comply with the May 2018 remand instructions.  Accordingly, this issue must be remanded in order to comply with the May 2018 Board remand instructions.  Stegall v. West, 11 Vet. App. 268, 271 (1998).

This matter is REMANDED for the following action:

After all development has been completed as instructed in the May 2018 Board remand—including all development related to the issues of entitlement to service connection for left ear hearing loss, lumbar spine, cervical spine, left leg, and seizure disabilities, adjudicate the inextricably SMC claim.  The AOJ should also issue an SSOC as to all issues listed in the May 2018 Remand.  

 

 

H.M. WALKER

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	M. McPhaull, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.