Citation Nr: 21068176 Decision Date: 11/09/21 Archive Date: 11/09/21 DOCKET NO. 12-28 423 DATE: November 9, 2021 REMANDED Entitlement to special monthly compensation (SMC) based on the need for aid and attendance or housebound status is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from August 1971 to June 1977 and September 1986 to September 1989. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an October 2009 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). In a July 2019 decision, the Board denied entitlement to a total disability based on individual unemployability due to service-connected disabilities (TDIU). The Veteran appealed the Board's July 2019 decision to the United States Court of Appeals for Veterans Claims (Court). Pursuant to an April 2020 Court Joint Motion for Partial Remand (Joint Motion), the Court vacated the Board's July 2019 decision to the extent it denied entitlement to TDIU and remanded the matter to the Board for further action. As indicated in the April 2020 Joint Motion, the board failed to consider entitlement to SMC. In an October 2020 decision, the Board denied entitlement to TDIU prior to August 26, 2011, TDIU since August 26, 2011, and entitlement to SMC. The Veteran appealed the Board's October 2020 decision to the Court. Pursuant to a June 2021 Court Joint Motion, the Court vacated the Board's October 2020 decision to the extent it denied entitlement to SMC and remanded the matter to the Board for further action. Notably, the Veteran did not contest the Board's October 2020 denial of entitlement to TDIU prior to August 26, 2011 and TDIU since August 26, 2011. Hence, such matters are no longer on appeal and will not be addressed herein. 1. Entitlement to SMC is remanded. In the June 2021 Joint Motion, the Court found that the Board failed to provide an adequate statement of reasons or basis whether any of the Veteran's individual disabilities could serve as a total rating for the purpose of entitlement to SMC. While the Board in the October 2020 decision noted the Veteran was seeking TDIU based on multiple disabilities, nonetheless the Court has instructed the Board to consider whether any individual service-connected disability would satisfy for a total rating. See March 2018 VA Form 21-8940 (wherein the Veteran listed multiple disabilities prevent him from securing or following any substantially gainful occupation). Under the circumstances, the Board finds that contemporaneous examinations are necessary to assess the current nature, extent and severity of his service-connected disabilities. In addition, the Board finds that the Veteran should submit an updated VA Form 21-8940 as the Veteran's post-service employment history is unclear. See, e.g., March 2018 VA Form 21-8940 (listing employment as a correctional officer until March 17, 2018, but also indicating he was too disabled to work since January 2013); see also April 2014 Veteran statement (indicating he was still employed until his leave time was exhausted). Updated treatment records should also be secured on remand. The matters are REMANDED for the following action: 1. Obtain any outstanding VA treatment records. 2. Send the Veteran an Application for Increased Compensation Based on Unemployability, VA Form 21-8940, and request that he provide an updated employment history. 3. Schedule the Veteran for a VA examination(s) (or telehealth interview, review of the record, etc., if an in-person examination is not feasible) to determine the current manifestations, severity and individual impact of each service-connected disability (posttraumatic stress disorder (PTSD), migraine headaches, pseudofolliculitis barbae, left elbow osteoarthritis, right foot disability, left foot disability, right ankle disability, inguinal hernia, tinnitus, bilateral hearing loss, and inguinal hernia scar). Additionally, the examiner must comment on whether, and to what extent, he needs the assistance of another person in performing the activities of daily living. (Continued on the next page) A complete rationale shall be given for all opinions and conclusions expressed. If it is not possible to provide an opinion, the examiner must state whether the need to speculate is due to a deficiency in the state of general medical knowledge (no one could respond given medical science and the known facts), a deficiency in the record (additional facts are required), or the examiner does not have the knowledge or training. STEVEN D. REISS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Marley, 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.