Citation Nr: 21072435
Decision Date: 12/03/21	Archive Date: 12/03/21

DOCKET NO. 18-47 942
DATE: December 3, 2021

REMANDED

A special monthly pension (SMP).

 

REASONS FOR REMAND

The Veteran served on active duty from March 1943 to September 1966.  He died in August 2008 and the appellant is his surviving spouse.

The case is on appeal from a July 2018 rating decision.

Most recently, the Board remanded the claim on appeal for additional development in May 2021.

SMP.

The appellant is seeking pension benefits.  In May 2021, the Board remanded the claim to afford her an examination to determine if she requires aid and attendance or is housebound.

In September 2021, the appellant attended an examination for this claim.  The examiner obtained information in regard to her current medical conditions.  However, the examiner completed the examination report based on the Veteran's medical condition at the time of his death rather than based on the appellant's medical condition.  Therefore, a remand is required to obtain an opinion addressing whether the appellant requires aid and attendance or is housebound.

The claim is REMANDED for the following action:

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Obtain an opinion from the examiner that conducted the September 2021 examination, or other appropriate medical professional if the September 2021 examiner is unavailable, to assess whether the appellant requires aid and attendance or is housebound due to her disabilities, to include medication used to treat such conditions.  

A rationale should be provided for opinions expressed.

 

 

RYAN T. KESSEL

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Jimerfield, David

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.