Citation Nr: 21002630 Decision Date: 01/14/21 Archive Date: 01/14/21 DOCKET NO. 16-53 806A DATE: January 14, 2021 REMANDED Entitlement to an initial rating higher than 10 percent for a cervical spine disability prior to April 25, 2013, and higher than 20 percent as of April 25, 2013, is remanded. Entitlement to a higher level of special monthly compensation (SMC) is remanded. Entitlement to an effective date earlier than October 30, 2012, for SMC is remanded. REASONS FOR REMAND The Veteran served on active duty from June 1969 to February 1970, January 1973 to October 1978, and June 1979 to August 1996. In a February 2019 Board decision, the Board granted a 10 percent initial rating for bowel dysfunction associated with multiple sclerosis, and a 100 percent rating for multiple sclerosis, and special monthly compensation for loss of use of both feet and both buttocks. The Board remanded increased ratings for a chronic cervical strain prior to April 25, 2013; generalized fatigue prior to October 30, 2012; optic neuritis prior to October 30, 2012; entitlement to a higher level of special monthly compensation (SMC); and entitlement to an effective date earlier than October 30, 2012, for SMC. In July 2019, the Board notified the Veteran that it was reviewing the February 2019 Board decision on the basis of clear and unmistakable error due to the miscalculation of the service-connected disabilities related to multiple sclerosis. In an April 2020 Board decision, the Board partially vacated the February 2019 Board decision granting higher initial ratings for multiple sclerosis and associated bowel dysfunction, and the remand for a higher initial rating for optic neuritis. The decision granted an initial 10 percent for bowel dysfunction, effective July 27, 2009; an initial 20 percent rating for optic neuritis, effective July 27, 2009; an initial 20 percent rating for right lower extremity weakness, effective July 27, 2009; and an initial 100 percent combined rating for multiple sclerosis, effective July 27, 2009. In a subsequent April 2020 Board decision, the Board dismissed the motion for revision on the basis of clear and unmistakable error because the portions of the February 2019 Board decision necessitating revision were vacated in the April 13, 2020, Board decision. In an August 2020 Board decision, the Board dismissed the motion for revision on the basis of clear and unmistakable error because the Board did not have jurisdiction to review the issue of entitlement to a higher level of SMC since there was no final decision. The February 2019 Board decision remanded the issues of entitlement to a higher level of SMC and an earlier effective date for the grant of SMC. In an additional August 2020 Board decision, the Board vacated the April 19, 2020, Board decision dismissing the motion for revision on the basis of clear and unmistakable error pending the AOJ’s adjudication of entitlement to a higher level of SMC. 1. Entitlement to an initial rating higher than 10 percent for cervical spine disability prior to April 25, 2013, and higher than 20 percent as of April 25, 2013, is remanded. 2. Entitlement to a higher level of special monthly compensation (SMC) is remanded. 3. Entitlement to an effective date earlier than October 30, 2012, for SMC is remanded. Unfortunately, the Board finds an additional remand is necessary. The February 2019 remand directed the AOJ to obtain additional VA and private medical records, adjudicate entitlement to an increased rating for a chronic cervical spine disability, and readjudicate the issues entitlement to a higher level of SMC and entitlement to an effective date earlier than October 30, 2012, for SMC. In addition, the Board notes that the AOJ has not implemented the grant of SMC for loss of use of both feet and both buttocks. Those requests have not been completed. While the AOJ obtained the records, the case has not been readjudicated after the receiving the additional medical records. Further, a supplemental statement of the case concerning the issues being remanded has not been issued. A remand by the Board confers on the Veteran, as a matter of law, the right to compliance with the remand. Stegall v. West, 11 Vet. App. 268 (1998). Therefore, the Board is remanding the case for compliance with the February 2019 Remand directives. The matters are REMANDED for the following action: Issue a supplemental statement of the case addressing the issues of entitlement an increased rating for a cervical spine disability, entitlement to a higher level of SMC, and entitlement to an earlier effective date for SMC. Harvey P. Roberts Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board C. Kass, 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.