Citation Nr: 21008055
Decision Date: 02/11/21	Archive Date: 02/11/21

DOCKET NO. 09-10 630
DATE: February 11, 2021

REMANDED

Entitlement to special monthly pension (SMP) benefits based on the need for regular aid and attendance or by reason of being housebound is remanded.

REASONS FOR REMAND

The Veteran served on active duty from January 6, 1972, to February 15, 1972.

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an August 2008 rating decision by the Department of Veterans Affairs (VA). This case was remanded in June 2012 and March 2017 for further development; it has since been re-assigned to the undersigned.

Entitlement to SMP benefits based on the need for regular aid and attendance or by reason of being housebound is remanded.

The record reflects that the Veteran received Social Security Administration (SSA) disability benefits.  See April 2017 VA PTSD examination.  It does not appear that the Agency of Original Jurisdiction (AOJ) attempted to obtain such records. Because these records may reasonably contain information relating to the Veteran’s issue on appeal, remand is required to obtain them. See Golz v. Shinseki, 590 F.3d 1317, 1323 (Fed. Cir. 2010).

The matter is REMANDED for the following action:

1. Request the Veteran’s application for SSA disability benefits, to include any SSA medical records and associate them with the claims file. If the search for such records has negative results, the claim file must be properly documented as to the unavailability of those records.

2.  If upon completion of the above the claim remains denied, the case should be returned to the Board after compliance with appellate procedures.  

 

E. I. VELEZ

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	T. Matta, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.