Citation Nr: 21006899
Decision Date: 02/05/21	Archive Date: 02/05/21

DOCKET NO. 17-59 192
DATE: February 5, 2021

REMANDED

Entitlement to special monthly compensation (SMC) based on the need for regular aid and attendance is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the U.S. Navy from October 1964 to October 1966.  He also had service in the U.S. Naval Reserve.  His decorations include the National Defense Service Medal and the Vietnam Service Medal.

This matter comes to the Board of Veterans’ Appeals (Board) on appeal from a July 2017 rating decision issued by a Department of Veterans Affairs (VA) Regional Office.

This case was previously before the Board in February 2019, when it was remanded to the agency of original jurisdiction (AOJ) for additional development.  After taking further action, the AOJ confirmed and continued the prior denial and returned the case to the Board. 

Entitlement to SMC based on the need for regular aid and attendance is remanded.

Although the Board sincerely regrets the additional delay, a remand is necessary to ensure that there is a complete record upon which to decide the Veteran’s remaining claim and to afford him every possible consideration.

There appear to be outstanding treatment records that are potentially relevant to the Veteran’s appeal.  VA treatment records reflect that, after the previous remand, the Veteran was hospitalized at Vantage Point and Washington Regional Medical Center.  Additionally, VA treatment records indicate that he recently moved into Arkansas State Veterans Home, a nursing home.  Because additional records from these providers, if obtained, could bear on the outcome of the Veteran’s appeal, specific efforts must be made to procure them.  See, e.g., 38 C.F.R. § 3.159(e)(2) (if VA becomes aware of the existence of relevant records before deciding a claim, VA will, among other things, request that the claimant provide a release for the records).

This matter is REMANDED for the following action:

1. Ask the Veteran to provide releases for relevant records of treatment from Vantage Point, Washington Regional Medical Center, and Arkansas State Veterans Home, and to identify, and provide appropriate releases for, any other non-VA care providers who may possess new or additional evidence pertinent to the issue on appeal.  If he provides the necessary release(s), assist him in obtaining the records identified, following the procedures set forth in 38 C.F.R. § 3.159.  Any new or additional (i.e., non-duplicative) evidence received should be associated with the record.  If any of the records sought are not available, the record should be annotated to reflect that fact, and the Veteran and his representative should be notified.

2. After completing the above, and any other development as may be indicated (to include obtaining an updated aid and attendance and/or mental disorders examination, if indicated), the issue on appeal should be readjudicated based on the entirety of the evidence.  If the benefit sought remains denied, the Veteran and his representative should be issued a supplemental statement of the case.  An appropriate period of time should be allowed for response.

 

 

DAVID A. BRENNINGMEYER

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	R. Kettler, 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.