Citation Nr: 21070505
Decision Date: 11/24/21	Archive Date: 11/24/21

DOCKET NO. 14-22 831
DATE: November 24, 2021

REMANDED

The issue of special monthly compensation (SMC) based on housebound status is remanded.

REASONS FOR REMAND

The Veteran had active service from June 1972 to April 1974. 

This matter was previously before the Board of Veterans' Appeals (Board) in June 2020 when the issue of SMC based on housebound status was denied. In a June 2021 joint motion for partial remand (JMPR), the Court of Appeals for Veterans Claims (Court) vacated the June 2020 Board decision, which denied SMC based on housebound status. In particular, the Board was directed to obtain private medical records pertaining to the Veteran's treatment, and to consider evidence regarding the Veteran's ability to leave his home.

In accordance with the June 2021 JMPR, the issue of SMC based on housebound status is remanded to obtain outstanding private medical records. 

The issue of SMC based on housebound status is remanded.

The matter is REMANDED for the following action:

1. BACKGROUND FOR THE RO ADJUDICATOR:

The Veteran's VA treatment records and his May 2016 Board hearing testimony show that he has received private (non-VA) medical care relating to his claim for SMC based on housebound status, which are outstanding. Therefore, remand is necessary to obtain these private records in accordance with 38 C.F.R. § 3.159(c)(1). 

2. Request that the Veteran identify and secure any relevant private medical records that are not in the claims file, to include private psychiatric care provided by Dr. C. and private counseling provided by L.B.

3. Following the securing of the appropriate waivers, make all appropriate attempts to locate such records and to associate them with the claims file. If the Veteran has no further evidence to submit, or, if after exhaustive efforts have been made, no records can be identified, so annotate the record.

4. The RO must also obtain and associate with the claims file VA VistA imaging scans from May 30, 2019 and September 20, 2019. 

5. Following the review and any additional development deemed necessary, re-adjudicate the claim. Should the claim not be granted in its entirety, issue an appropriate supplemental statement of the case (SSOC), and forward the claim to the Board for adjudication.

The Veteran has the right to submit additional evidence and argument on the matter the Board has remanded. Kutscherousky v. West, 12 Vet. App. 369 (1999).

This claim must be afforded expeditious treatment. The law requires that all claims that are remanded by the Board of Veterans' Appeals or by the United States Court of Appeals for Veterans Claims for additional development or other appropriate action must be handled in an expeditious manner. See 38 U.S.C. §§ 5109B, 7112.

 

 

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.