Citation Nr: 21076434 Decision Date: 12/23/21 Archive Date: 12/23/21 DOCKET NO. 04-24 953A DATE: December 23, 2021 ORDER Entitlement to special monthly pension at the housebound rate is granted. FINDING OF FACT In an October 2021 rating decision, the Regional Office granted entitlement to special monthly compensation at the housebound rate on account of the Veteran being factually housebound. CONCLUSION OF LAW The criteria for special monthly pension because of being housebound are met. 38 U.S.C. §§ 1502, 1521, 5307; 38 C.F.R. §§ 3.102, 3.159, 3.350, 3.351, 3.352, 4.3. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had honorable active military service from March 1986 to April 1993. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a Department of Veterans Affairs (VA) Regional Office (RO)'s June 2004 rating decision. The Board previously denied the Veteran's claim in a December 2011 decision. However, the Veteran appealed to the Court of Appeals for Veterans Claims (Court), which vacated and remanded the Board's decision in October 2013 pursuant to a Joint Motion for Partial Remand (JMPR). Subsequently, the Board remanded the Veteran's claim in June 2014, August 2017, and July 2018 for additional development. The Board finds that substantial compliance with the prior remands has been accomplished. Substantial compliance with a remand order, not strict compliance, is required. See Donnellan v. Shinseki, 24 Vet. App. 167, 176 (2010); Dyment v. West, 13 Vet. App. 141, 147 (1999). Therefore, the Board may proceed forward with adjudicating the Veteran's claim without prejudice to him. See D'Aries v. Peake, 22 Vet. App. 97, 105 (2008). Entitlement to special monthly pension at the housebound rate The Veteran contends that he is factually housebound because of his psychiatric disabilities, which cause him to not leave his home because he does not like to be around others, feels nervous and has panic attacks when around strangers, and feels paranoid, fearful and antagonistic. Because of these feelings, he gets into disputes, including physical fights, with people when he is out in public places which has led to his arrest multiple times. Thus, he stays at home alone as much as possible out of fear of getting into disputes with others and being arrested. A veteran who is receiving pension benefits may receive it at a higher rate if he is in need of "regular aid and attendance" or is housebound. 38 U.S.C. § 1521(d) and (e). Such a rate is known as special monthly pension. In the present case, the Veteran is not arguing he is in need of aid and attendance, but that he is housebound. Therefore, the Board will only consider that aspect of entitlement to special monthly pension. If a veteran is not in need of regular aid and attendance, but he has a single permanent disability rated 100 percent disabling under the VA's Schedule for Rating Disabilities, 38 C.F.R. Part 4 (not including ratings based upon unemployability under 38 C.F.R. § 4.17), he is entitled to pension benefits at the housebound rate if he: (1) has additional disability or disabilities independently ratable at 60 percent or more, separate and distinct from the permanent disability rated as 100 percent disabling and involving different anatomical segments or bodily systems; or (2) is "permanently housebound" by reason of disability or disabilities (i.e., the veteran is substantially confined to his dwelling and the immediate premises or, if institutionalized, to the ward or clinical area, and it is reasonably certain that the disability or disabilities and resultant confinement will continue throughout his lifetime). 38 U.S.C. § 1521(e); 38 C.F.R. § 3.351(d). Recently, in an October 2021 rating decision, the RO found that the Veteran was factually housebound due to his service-connected psychiatric disabilities for special monthly compensation purposes. In making this decision, the RO stated that it had construed the Veteran's claim/appeal for special monthly pension as one for special monthly compensation. As the RO has already found that the criteria for being found factually housebound have been met and that criteria is the same for both special monthly compensation and special monthly pension, the Board finds that entitlement to special monthly pension at the housebound rate is also granted based on the Veteran being factually housebound. However, in making this decision, the Board does not intimate when such entitlement arose and leaves the RO to establish the appropriate effective date for the grant of special monthly pension. M. C. GRAHAM Veterans Law Judge Board of Veterans' Appeals Attorney for the Board S.M. Kreitlow 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.