Citation Nr: A21020015
Decision Date: 12/15/21	Archive Date: 12/15/21

DOCKET NO. 200805-102268
DATE: December 15, 2021

ORDER

An effective date of December 19, 2017, for the award of Special Monthly Compensation (SMC) at the housebound rate is granted.

FINDING OF FACT

From December 19, 2017, the Veteran has been granted a total disability rating based on individual unemployability (TDIU) based solely on his posttraumatic stress disorder (PTSD) and he has additional disabilities with a combined rating greater than 60 percent.

CONCLUSION OF LAW

From December 19, 2017, the criteria for SMC at the housebound rate are met.  38 U.S.C. § 1114(s); 38 C.F.R. § 3.350.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served honorably on active duty in the United States Army from October 1967 to October 1971.  His decorations include the Vietnam Service Medal and Vietnam Campaign Medal.

The rating decision on appeal was issued in July 2019 and constitutes an initial decision; therefore, the modernized review system, also known as the Appeals Modernization Act (AMA), applies.

In August 2019, the Veteran submitted a VA Form 20-0996, Decision Review Request: Higher-Level Review (HLR), and requested review of a July 2019 decision.  In October 2019, the agency of original jurisdiction (AOJ) issued the HLR decision on appeal, which considered the evidence of record at the time of the prior July 2019 decision.  Therefore, the Board may only consider the evidence of record at the time of the July 2019 decision.

In the August 2020 VA Form 10182, Decision Review Request: Board Appeal, the Veteran elected the Direct Review docket.

Therefore, the Board may only consider the evidence of record at the time of the agency of original jurisdiction (AOJ) decision on appeal.  38 C.F.R. § 20.301.

SMC at Housebound

SMC is payable if a veteran is housebound.  38 U.S.C. § 1114(s).  To be found "statutorily" housebound, a veteran must have a single service-connected disability rated as total and have an additional service-connected disability or disabilities independently ratable at 60 percent, separate and distinct from the 100 percent service-connected disability and involving different anatomical segments or bodily systems.  38 C.F.R. § 3.350(i)(1).

In a June 2019 decision, the Board granted a TDIU based solely on the Veteran's PTSD.  In a July 2019 rating decision, the AOJ assigned an effective date of December 19, 2017, for the grant of TDIU.  In an October 2019 HLR decision, the AOJ granted SMC at the housebound rate, but assigned an effective date of February 27, 2018, the effective date of a 100 percent schedular rating for PTSD and other disabilities that combined to 60 percent.

An award of TDIU predicated solely on a single disability may form the basis for an award of special monthly compensation.  Bradley v. Peake, 22 Vet. App. 280 (2008).  On December 19, 2017, the Veteran had other disabilities that when combined meet the 60 percent threshold to be "statutorily" housebound.  38 C.F.R. § 4.25.  Based on the TDIU assigned for PTSD as well as the combined rating of the Veteran's other service-connected disabilities, the Veteran met the statutory criteria for SMC at the housebound rate on December 19, 2017.  As such, the Board finds that an effective date of December 19, 2017, is warranted for the award of SMC at the housebound rate, and the claim is granted.

 

 

ALEXIS M. PARRISH

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Michael Chandeck, 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.