Citation Nr: 20009716
Decision Date: 02/06/20	Archive Date: 02/05/20

DOCKET NO. 19-23 800
DATE: February 6, 2020

REMANDED

Entitlement to an effective date prior to October 15, 2013, for the award of special monthly compensation (SMC) at the housebound rate is remanded.

REASONS FOR REMAND

The Veteran served on active duty from November 1947 to November 1951.  This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a rating decision rendered in May 2016.

After the Veteran’s death in July 2017, his surviving son filed a motion for substitution as the appellant in the place of the Veteran.  In November 2017, the RO determined that the appellant qualified as a proper substituted claimant and was therefore substituted for the deceased claimant for the purpose of pursuing the above-referenced claim.

1. Entitlement to an effective date prior to October 15, 2013, for the award of SMC at the housebound rate is remanded.

In a separate July 2019 Board decision under a different docket number, the Board granted entitlement to an effective date of September 15, 2006, for the award of entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU).  The Board also remanded the matter of entitlement to an effective date prior to September 15, 2006, for the award of entitlement to a TDIU for additional development, specifically to refer the claim to the Director of the Compensation Service for extra-schedular consideration of entitlement to a TDIU prior to September 15, 2006.

As the outcome of the determination as to entitlement to an effective date prior to September 15, 2006, for the award of entitlement to a TDIU impacts the outcome of the adjudication of the earlier effective date claim for SMC in this current appeal, the issues are inextricably intertwined.  See Harris v. Derwinski, 1 Vet. App. 180 (1991) (two issues are “inextricably intertwined” when they are so closely tied together that a final Board decision on one issue cannot be rendered until the other issue has been considered).  Thus, the consideration of the issue of entitlement to an effective date prior to October 15, 2013, for the award of SMC at the housebound rate must be deferred pending resolution of the appeal for entitlement to an effective date prior to September 15, 2006, for the award of entitlement to a TDIU.

The matter is REMANDED for the following action:

(Continued on the next page)

 

1. After completion of development and readjudication of the appeal for entitlement to an effective date prior to September 15, 2006, for the award of entitlement to a TDIU, the claim on appeal must be re-adjudicated, taking into consideration all relevant evidence associated with the evidence of record since the June 2019 SOC.  If the benefit on appeal remains denied, a SSOC must be provided to the appellant and his attorney.  After the appellant has had an adequate opportunity to respond, the appeal must be returned to the Board for appellate review.

 

 

MICHAEL MARTIN

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	J. D. Deane, 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.