Citation Nr: 21068027
Decision Date: 11/08/21	Archive Date: 11/08/21

DOCKET NO. 17-42 040
DATE: November 8, 2021

REMAND

The issue of entitlement to special monthly compensation (SMC) based on aid and attendance/housebound is remanded.

REASONS FOR REMAND

The Veteran had active service from July 1976 to July 1998.

In a May 2020 decision, the Board of Veterans' Appeals (Board) denied SMC based on housebound status. This matter was remanded by joint motion for partial remand (JMPR) in July 2021 by the Court of Appeals for Veterans Claims (Court). The Court vacated the Board's decision that denied SMC based on housebound status and remanded the matter for further development and readjudication.

Given the Court's directives, the matter will be remanded for completion of the directives below and readjudication.

1. BACKGROUND FOR THE RO ADJUDICATOR:

Through the JMPR, the Court found that the record raised the Veteran's potential entitlement to SMC under 38 U.S.C. § 1114(k) and (l) apply. Given this finding, a new SMC medical examination must be conducted. 

THE REMAND DIRECTIVES FOLLOW:

2. Conduct an SMC examination in accordance with establish protocols to determine if the Veteran's service-connected disabilities and their effects meet the eligibility for an award of SMC. 

The examiner is advised that the Veteran has the following service-connected disabilities: depressive and anxiety disorders associated with degenerative disc disease (DDD) of the lumbar spine with IVDS, rated as 70 percent disabling; bilateral plantar fasciitis with pes planus, rated as 50 percent disabling; migraine headaches, rated as 50 percent disabling; DDD of the lumbar spine with IVDS, rated as 40 percent disabling; peripheral neuropathy of the right lower extremity, to include the foot, rated as 40 percent disabling; peripheral neuropathy of the left lower extremity, to include the foot, rated as 20 percent disabling; chronic sinusitis/rhinitis, rated as 10 percent disabling; residuals of a left wrist fracture, rated as 10 percent disabling; glaucoma, rated as 10 percent disabling; malignant neoplasm of the thyroid with residual hypothyroidism, rated as 10 percent disabling; right and left knee osteoarthritis, each rated as 10 percent disabling; post-operative bunionectomy, rated as 10 percent disabling; left fifth toe fracture, rated as 10 percent disabling; and a right knee scar, rated as noncompensable. The Veteran has been in receipt of a 100 percent combined evaluation since September 10, 2018.

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3. After completion of the above-directives, ensure that the examination is both factually informed and responsive to the question of whether the Veteran qualifies for an award of SMC on any of the criteria set out in 38 U.S.C. § 1114 (k). Readjudicate the claim. 

 

Vito A. Clementi

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Timothy T. Emmart

The Board's action is binding only in this case. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.