Citation Nr: 21063315
Decision Date: 10/13/21	Archive Date: 10/13/21

DOCKET NO. 18-03 454
DATE: October 13, 2021

REMANDED

Entitlement to special monthly compensation (SMC) based on the need for aid and attendance of another person or by reason of being housebound is remanded.

REASONS FOR REMAND

Entitlement to SMC based on the need for aid and attendance of another person or by reason of being housebound is remanded.

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).

In August 2021 correspondence, the Veteran claimed that SMC based on the need for aid and attendance of another person or by reason of being housebound is warranted due to the severity of the service-connected disabilities. A VA examination assessing the impact of all service-connected disabilities on the need for the aid and attendance is not of record. The Board finds that there is insufficient evidence of record to adjudicate the claim; as such, a remand is warranted to obtain a VA examination to assist in assessing the impact of all service-connected disabilities on the need for the aid and attendance. 

The issue of SMC based on the need for aid and attendance is REMANDED for the following action:

Schedule a VA aid and attendance examination. Ask the examiner to assess whether all the service-connected disabilities cause the Veteran to be in need of the regular aid and attendance of another person. The service-connected disabilities are degenerative disc disease (DDD) of the lumbar spine with intravertebral disc syndrome (IVDS), left lower extremity radiculopathy, and right lower extremity radiculopathy.

 

 

J. PARKER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	D. Costantino, Associate 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.