Citation Nr: 20009999
Decision Date: 02/06/20	Archive Date: 02/06/20

DOCKET NO. 19-25 983
DATE: February 6, 2020

REMANDED

Entitlement to a rating in excess of 30 percent for residuals from a myocardial infarction with coronary artery disease (heart disability) is remanded.

Entitlement to a rating in excess of 10 percent prior to June 6, 2017, and in excess of 20 percent afterwards, for a left knee disability is remanded.

Entitlement to a rating in excess of 10 percent for a right knee disability is remanded.

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

REASONS FOR REMAND

The Veteran had active service from August 1978 to August 1985.

Regarding the Veteran’s increased rating claims for his heart disability and bilateral knee disabilities, the Veteran was last afforded a VA examination for his heart disability in March 2017 and last afforded a VA examination for his bilateral knee disabilities in November 2017.

In July 2018, the Veteran reported increased knee symptoms that included locking, giving out, severe pain, and use of a walker.  He also reported that he was unable to walk around his house without becoming severely out of breath, was easily fatigued while performing simple movements, and was unable to complete his daily tasks on his own.  At a May 2019 treatment visit, he reported increased knee pain and locking while walking.

As such, a remand is necessary to afford the Veteran new VA examinations to assess the current severity of his heart disability and bilateral knee disabilities.

Regarding the Veteran’s claim for SMC, in July 2018, the Veteran raised the issue of SMC.  As such, the issue of entitlement to SMC based on the need for aid and attendance is reasonably raised by the record and is part and parcel of the increased rating claims.  See Akles v. Derwinski, 1 Vet. App. 118, 121 (1991).

The matters are REMANDED for the following action:

1. With any necessary identification of sources by the Veteran, obtain all outstanding VA and/or private medical records that pertain to the Veteran’s heart disability and bilateral knee disabilities.

2. Schedule the Veteran for a VA examination to assess the nature and severity of his service-connected heart disability.

3. Schedule the Veteran for a VA examination to determine the current severity of his service-connected bilateral knee disabilities.  In so doing, the examiner should ensure to the extent possible, consistent with 38 C.F.R. § 4.59, that the report include results of active and passive motion, in addition to the results following repetitive motion testing.  If it is not possible to complete any of the range of motion testing described above, it should be explained.

4. Schedule a VA aid and attendance examination.  The examiner should consider the Veteran’s bilateral knee disabilities, heart disability, acquired psychiatric disability, hypertension, bilateral hearing loss, and tinnitus when considering whether the Veteran qualifies for SMC.  The examiner should address the lay statements of the Veteran and his wife regarding entitlement to SMC.

5. Adjudicate the issue of entitlement to SMC.

 

 

Thomas H. O'Shay

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	T. Berryman, 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.