Citation Nr: A21017589
Decision Date: 11/01/21	Archive Date: 11/01/21

DOCKET NO. 200619-94453
DATE: November 1, 2021

REMANDED

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

REASONS FOR REMAND

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a December 2019 rating decision issued in accordance with the provisions of the Appeals Modernization Act (AMA).  In June 2020, the Veteran filed a timely notice of disagreement (VA Form 10182) and requested appellate review via the Board's hearing docket.  The Veteran appeared at a hearing before the undersigned in June 2021.  A transcript of the hearing is of record.

The Board finds the failure of the Agency of Original Jurisdiction (AOJ) to schedule the Veteran for a current examination to substantiate her SMC claim constitutes a pre-decisional duty to assist error that must be corrected to ensure compliance with VA's duty to assist.  Prior to the December 2019 rating decision on appeal, VA received new evidence indicating pain and sensitivity resulting from the Veteran's service-connected bilateral carpal tunnel syndrome affects her ability to perform activities of daily living (ADLs) and instrumental activities of daily living (IADLs).  Yet, the Veteran's claim was decided without the benefit of an examination to assess whether she meets the criteria outlined in 38 C.F.R. § 3.352.

Further, the record includes evidence the Veteran has been awarded disability benefits by the Social Security Administration (SSA), but there is no indication the Veteran's full SSA records have been requested.  When there has been a determination regarding SSA benefits, the records concerning that decision must be obtained, if relevant.  See Golz v. Shinseki, 590 F.3d 1317, 1323 (Fed. Cir. 2010).

The matter is REMANDED for the following action:

1. Request the Veteran's SSA records.

2. Schedule the Veteran for an examination to assess her eligibility for SMC based on the need of regular aid and attendance or by reason of being permanently housebound.  The examination report must include a complete rationale for any conclusion contained therein.

 

 

M. HYLAND

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.