Citation Nr: 21073499 Decision Date: 12/08/21 Archive Date: 12/08/21 DOCKET NO. 17-45 588 DATE: December 8, 2021 REMANDED Entitlement to special monthly compensation based on a need for aid and attendance or at the housebound rate is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from September 1969 to December 1976. The Veteran passed away in March 2017, during the pendency of this appeal. The appellant is his surviving adult daughter This appeal comes before the Board of Veterans' Appeals (Board) on appeal of a December 2016 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). By way of background, the Veteran was awarded a 100 percent rating for ischemic heart disease effective October 22, 2014, with a separate noncompensable scar effective that date as well. See Rating Decision (Mar. 28, 2015). With no Notice of Disagreement filed within one year, that rating decision is final. The Veteran submitted a completed Examination for Housebound Status or Permanent Need for Regular Aid and Attendance (VA Form 21-2680), evincing an intent to file a claim for entitlement to special monthly compensation based on a need for aid and attendance of another or else at the housebound rate. See VA Form 21-2680 (rec'd Aug. 24, 2016). The December 2016 rating decision on appeal identifies the August 24, 2016 receipt date as the receipt of claim; therefore, this is also the appellate period on review. From August 24, 2016 (the date of receipt of claim) until the Veteran's death in March 2017, he was service connected for his ischemic heart disease at 100 percent and a noncompensable scar, but nothing else. In the VA Form 9 received in August 2017, see VA Form 9 (rec'd Aug. 30, 2017), the appellant requested a hearing before a Veterans Law Judge. See also VA Form 8 (Dec. 20, 2017). On July 19, 2019, the Board informed the appellant that her appeal had been docketed with the hearing request. On October 28, 2019, the Board received a completed VA Form 20-572, by which the appellant requested that her address of record for correspondence be changed. In September 2021, the appellant was notified at her preferred address that her hearing before a Veterans Law Judge was scheduled for October 28, 2021. See BVA Letter (Sept. 1, 2021). The appellant did not attend this hearing, and she has not indicated why good cause exists to justify rescheduling the hearing. As a result, the hearing request is deemed withdrawn. The Board proceeds and asserts jurisdiction accordingly. Entitlement to special monthly compensation based on a need for aid and attendance or at the housebound rate is remanded. The provider who performed the Veteran's examination in August 2016 indicated that "[Veteran] is housebound. Requires maximal assist to leave the home walker or wheelchair with another person to assist." See VA Form 21-2680, supra, at Question No. 33. This provider however failed to limit consideration of her housebound findings to service-connected disabilities only. See id. at Question No. 10. Specifically, she considered the Veteran's rheumatoid arthritis, severe chronic obstructive pulmonary disease (COPD) with oxygen dependence, interstitial lung disease, severe osteoporosis and ischemic heart disease when rendering this opinion. In addition, the provider indicated that "physical respiratory" disabilities restrict the listed activities and functions. The Board cannot consider the effects of nonservice-connected disabilities in adjudicating a claim for special monthly compensation. Meanwhile, the Veteran submitted to another examination in November 2016 to develop the claim for special monthly compensation. See VA Exam (Nov. 12, 2016) (rec'd Nov. 21, 2016). This examiner did not attempt to reconcile her findings with the August 2016 findings, and appeared to merely conclude without any supporting rationale that multiple symptoms of the Veteran's daily life were not related to ischemic heart disease. See Nieves-Rodriguez v. Peake, 22 Vet. App. 295 (2009); Stefl v. Nicholson, 21 Vet. App. 120, 124 (2007) ("[A] medical opinion must support its conclusion with an analysis the Board can consider and weigh against contrary opinion."). The Board concludes that as there is no adequate opinion within the claims file and therefore has no choice but to remand the matter for an addendum opinion, to assist in determining whether the effects of ischemic heart disease and an associated scar caused the Veteran to be so helpless as to be in need of regular aid and attendance of anotherwithout conflating any non-service-connected disorder with his service-connected disorders. The matter is REMANDED for the following action: Return the claims file to the November 2016 examiner, who should provide a more definitive opinion of the Veteran's symptoms that he (when he was alive) and the appellant allege rendered him so helpless as to be in need of regular aid and attendance of another. The November 2016 examiner is also asked to specifically reconcile her findings with August 2016 findings that appear to conclude that the Veteran was housebound, albeit due in part to some nonservice-connected disabilities. If the November 2016 examiner is not available, another appropriate examiner or clinician should provide this opinion. The examiner should indicate review of the Veteran's medical records and full consideration of the appellant's statements about the Veteran's condition from August 2016 until death, and the care that the appellant provided for the Veteran. The RO is advised that because the Veteran is deceased, no further examination should be scheduled. KRISTY L. ZADORA Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Michael B. Engle, Associate 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.