Citation Nr: 20037531 Decision Date: 06/02/20 Archive Date: 06/02/20 DOCKET NO. 18-32 112 DATE: June 2, 2020 REMANDED Entitlement to special monthly compensation based on the need for regular aid and attendance of another person or housebound status is remanded. REASONS FOR REMAND The Veteran, who is the appellant, had active service from October 1974 to March 1977. This matter came before the Board of Veterans’ Appeals (Board) on appeal from a January 2017 Department of Veterans Affairs (VA) Regional Office (RO) rating decision. The Board notes that there are a number of increased rating and service connection issues currently on appeal that have not yet been certified to the Board, and that disposition of these issues could affect the question of entitlement to special monthly compensation based on the need for regular aid and attendance of another person or housebound status. The Veterans Claims Assistance Act of 2000 (VCAA) and implementing regulations impose obligations on VA to provide claimants with notice and assistance. 38 U.S.C. §§ 5102, 5103, 5103A, 5107, 5126 (2012); 38 C.F.R. §§ 3.102, 3.159, 3.326(a) (2017). As the instant decision remands the special monthly compensation issue on appeal for additional development, no further discussion of VA’s duties to notify and assist is necessary. Special Monthly Compensation Based on the Need for Regular Aid and Attendance of Another Person or Housebound Status Special monthly compensation is payable to individuals who are permanently bedridden or are so helpless as a result of service-connected disability as to be in need of the regular aid and attendance of another person under the criteria set forth in 38 C.F.R. § 3.352(a). 38 U.S.C. § 1114(l); 38 C.F.R. § 3.350(b)(3). Determinations as to need for aid and attendance must be based on actual requirements of personal assistance from others. In making such determinations, consideration is given to such conditions as the following: inability of the claimant to dress or undress himself or to keep himself ordinarily clean and presentable; the frequent need of the adjustment of any special prosthetic or orthopedic appliance which by reason of the particular disability cannot be done without aid; the inability of the claimant to feed himself through loss of coordination of upper extremities or through extreme weakness; inability to attend to the wants of nature; or incapacity, physical or mental, which requires care or assistance on a regular basis to protect the claimant from hazards or dangers incident to his daily environment. 38 C.F.R. § 3.352(a). VA received a private December 2016 aid and attendance examination report from the Veteran. Per the examination report, the Veteran was unable to prepare his own meals and needed assistance in bathing and tending to other hygiene needs. Further, the Veteran reported staying indoors most of the time. Subsequently, the Veteran’s representative submitted an August 2018 vocational assessment report. Included in the report is a statement from the Veteran indicating that “he lives with his son because he is unable to perform his activities of daily living due to his pain levels and his need to use a walker to ambulate.” In a corresponding September 2018 brief, the Veteran’s representative argues that such evidence supports entitlement to special monthly compensation based on the need for regular aid and attendance of another person or housebound status. Subsequently received VA treatment records appear to conflict with the above assertions as to the need for aid and attendance. For example, an April 2020 VA treatment record indicates that the Veteran was able to move from Los Angeles, California, to Las Vegas, Nevada, to temporarily live with his daughter. Subsequent May 2020 VA treatment records indicate that the Veteran has been working with a VA caseworker to participate in apartment unit viewings in the hopes of moving the Veteran into his own apartment. A February 2020 VA mental health treatment record noted that the Veteran was interested in joining a church community, and that the Veteran’s strengths and abilities included “leisure or recreational interest.” Considering the conflicting evidence of record, the Board finds remand to obtain a VA examination may help address whether the Veteran is in need of aid and attendance as a result of service-connected disabilities. The matter is REMANDED for the following action: 1. Contact the Veteran and request information as to any outstanding private treatment (medical) records concerning service connected disabilities. Upon receipt of the requested information and the appropriate releases, the Agency of Original Jurisdiction (AOJ) should contact all identified health care providers and request that they forward copies of all available treatment records and clinical documentation for the relevant time period on appeal pertaining to the treatment of the disorders, not already of record, for incorporation into the record. If identified records are not ultimately obtained, the Veteran should be notified pursuant to 38 C.F.R. § 3.159(e). 2. Associate with the record all VA treatment records pertaining to the treatment of the service connected disabilities, not already of record, for the period from May 2020. 3. Schedule a VA aid and attendance examination. The relevant documents in the record should be made available to the examiner, who should indicate on the examination report that he/she has reviewed the documents in conjunction with the examination. A detailed history of relevant symptoms should be obtained from the Veteran. A rationale for all opinions and a discussion of the facts and medical principles involved should be provided. The VA examiner should provide the following opinion: Do the Veteran’s service-connected disabilities result in the need for the regular aid and attendance of another person? 4. Then, readjudicate the issue of special monthly compensation based on the need for regular aid and attendance of another person or housebound status. If any benefit sought on appeal remains denied, the Veteran and representative should be provided a supplemental statement of the case (SSOC). An appropriate period of time should be allowed for response before the case is returned to the Board. J. PARKER Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board E. Blowers, 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.