Citation Nr: 20039961
Decision Date: 06/11/20	Archive Date: 06/11/20

DOCKET NO. 16-36 277
DATE: June 11, 2020

REMANDED

The issue of special monthly compensation (SMC) based on aid and attendance of another person and/or housebound status is remanded.

REASONS FOR REMAND

The Veteran served on active duty from November 1968 to October 1969.  This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a rating decision of a Department of Veterans Affairs (VA) Regional Office.  In June 2019, the Veteran testified at a Board hearing.

The Veteran asserts entitlement to SMC based on the need for aid and attendance of another person or housebound status as a result of his service-connected lumbar spine disability.  See June 2019 Board hearing transcript, p. 2.

Additional pertinent evidence, in the form of a May 2019 VA lumbar spine examination, has been added to the record since the issuance of a most recent November 2016 supplemental statement of the case (SSOC).  The issue of entitlement to SMC, based on the need for regular A&A of another person or housebound status, which was denied in the November 2016 SSOC, has not been readjudicated since the additional evidence was added to the record.  Thus, a remand is required so that a SSOC may be issued with consideration of all the evidence of record with regard to the claim on appeal noted above.

The matters are REMANDED for the following action:

1. After any additional indicated development, review the expanded record, taking into consideration all relevant evidence associated with the record since the November 2016 SSOC, and readjudicate the claim of entitlement to SMC, based on the need for regular A&A of another person or housebound status.  If any benefit sought on appeal is not granted, the AOJ should issue a supplemental statement of the case and provide the appropriate opportunity to respond, before returning the case to the Board, if otherwise in order.

 

 

JAMES L. MARCH

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	S. Griffith

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.