Citation Nr: 21062981 Decision Date: 10/12/21 Archive Date: 10/12/21 DOCKET NO. 17-46 073 DATE: October 12, 2021 REMANDED Entitlement to special monthly compensation (SMC) based on the need for aid and attendance of another person or at the housebound rate is remanded. REASONS FOR REMAND The Veteran served on active duty from August 2005 to August 2009. This case comes before the Board of Veterans' Appeals (Board) on appeal from an April 2016 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). In an August 2017 Substantive Appeal (VA Form 9), the Veteran requested a hearing before a Member of the Board relating to his claim. A July 2021 letter notified the Veteran and his representative that the requested hearing was scheduled for September 3, 2021. See BVA Letter (July 2021). The Veteran did not attend the hearing, and neither the Veteran nor his representation has presented good cause for the failure to appear. There are no other hearing requests of record. Accordingly, the Veteran's hearing request is deemed withdrawn. See 38 C.F.R. § 20.704(e). Entitlement to SMC based on the need for aid and attendance of another person or at the housebound rate is remanded. The Veteran seeks an award of SMC based on the need for the regular aid and attendance of another person or due to being housebound. In April 2016, VA received from him VA Form 21-2680, Examination for Housebound Status or Permanent Need for Regular Aid and Attendance which indicated that his function is limited or restricted due to chronic back pain. See VA Form 21-2680 (April 2016). The Veteran is service connected for posttraumatic stress disorder (PTSD) (100%) and tinnitus (10%). He has no other service-connected disability. The Veteran has significant nonservice-connected disorders to include chronic back pain, sleep apnea, obesity, and diabetes mellitus. To ensure that VA has met its duty to assist, the Board finds that remand is necessary for the following reasons. 38 U.S.C. § 5103A; 38 C.F.R. § 3.159(c). First, the VA treatment records do not appear to be complete. The most recent VA treatment records associated with the file are from April 2016. VA treatment records reflect the Veteran is enrolled in the Family Caregiver Program based on needs related to his service-connected PTSD. VA's duty to assist include obtaining VA treatment records. Any VA treatment records are within VA's constructive possession, and are considered potentially relevant to the issue on appeal. 38 U.S.C. § 5103A; 38 C.F.R. § 3.159(c). See Sullivan v. McDonald, 815 F.3d 786 (Fed. Cir. 2016). Second, the record does not reflect that VA obtained an examination of the Veteran to evaluated whether he requires the regular aid and attendance of another person due solely to service-connected disability. VA's duty to assist include obtaining a VA examination and/or opinion when necessary to decide the appeal. 38 U.S.C. § 5103A; 38 C.F.R. § 3.159(c). While the Veteran submitted a VA Form 21-2680 (April 2016) in conjunction with his claim here, this examination does not clearly address whether the criteria for SMC are met based on the Veteran's service-connected disability alone. Therefore, remand is appropriate for clarification. See Savage v. Shinseki, 24 Vet. App. 259 (2011). In remanding these matters, the Board makes no finding, implicit or otherwise, as to the credibility of the Veteran's assertions. Neither the Veteran's credibility nor any lack thereof should be presumed in this remand. The matters are REMANDED for the following action: 1. Obtain the Veteran's VA treatment records for the period from April 2016 to the Present. 2. Schedule the Veteran for an appropriate examination to determine eligibility for special monthly compensation based on the need for aid and attendance of another person due to service-connected disability alone. The claims file must be provided to and reviewed by the examiner. Any appropriate evaluations, studies, and testing deemed necessary by the examiner should be conducted at this time, and the results should be included in the examination report. The examiner must specifically address the following questions regarding the Veteran's service-connected disabilities: (a.) Is the Veteran unable to dress or undress himself and keep himself ordinarily clean and presentable? (b.) Does the Veteran require frequent adjustment of any special prosthetic or orthopedic appliances that cannot be done without aid? (c.) Is the Veteran unable to feed himself through loss of coordination of upper extremities or through extreme weakness, or is he unable to attend to the wants of nature? (d.) Does the Veteran have incapacity, physical or mental, that requires care or assistance on a regular basis to protect him from hazards or dangers incident to his daily environment? (e.) Does the Veteran have any disability that requires that he remain in bed? (f.) Is the Veteran substantially confined to his dwelling and the immediate premises? The examiner should provide a medical rationale for all opinions expressed. 3. Readjudicate. C.A. SKOW Veterans Law Judge Board of Veterans' Appeals Attorney for the Board C. Edwards 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.