Citation Nr: 21064395
Decision Date: 10/20/21	Archive Date: 10/20/21

DOCKET NO. 19-30 242
DATE: October 20, 2021

REMANDED

A rating higher than 10 percent for depressive disorder is remanded.

Special monthly compensation (SMC) based on aid and attendance/housebound is remanded.

REASONS FOR REMAND

The Veteran served honorably on active duty in the United States Air Force from February 1966 to February 1970. 

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a January 2019 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO).

Depressive Disorder

SMC

Evidence indicates that there may be outstanding relevant VA treatment records.  In a February 2018 VA treatment record, the Veteran reported that she was being treated at the VA Medical Center in Fort Worth and would no longer be using her old clinic.  VA treatment records from Fort Worth are not included in the claims file.  Any VA treatment records are within VA's constructive possession and are considered potentially relevant to the issues on appeal.  A remand is required to allow VA to obtain them. 

Finally, because a decision on the remanded issue of a higher rating for depressive disorder could significantly impact a decision on the issue of SMC based on aid and attendance/housebound status, the issues are inextricably intertwined.  A remand of the claims for SMC based on aid and attendance/housebound is required.

The matters are REMANDED for the following action:

Obtain the Veteran's VA treatment records for the period from January 2018 to the Present. 

 

 

JOHN Z. JONES

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Michael Chandeck, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.