Citation Nr: 21008291 Decision Date: 02/16/21 Archive Date: 02/16/21 DOCKET NO. 05-32 536 DATE: February 16, 2021 ORDER Special monthly compensation (SMC) based on aid and attendance is granted. FINDING OF FACT The Veteran’s neurocognitive disorder results in the need for aid and attendance. CONCLUSION OF LAW The criteria for a grant of SMC based upon the Veteran's need for regular aid and attendance have been met. 38 U.S.C. §§ 1114(l), 5107; 38 C.F.R. §§ 3.102, 3.350(b), 3.351, 3.352. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the United States Army from September 1968 to September 1971, including combat service in the Republic of Vietnam for which he received two Bronze Stars and two Purple Heart Medals. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a February 2015 rating decision from the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran presented sworn testimony at a hearing before the undersigned Veterans Law Judge (VLJ) in October 2012. The Board remanded this claim in March 2020 for additional development. SMC SMC based on the need for aid and attendance of another is payable when the veteran, due to service-connected disability, has suffered the anatomical loss or loss of use of both feet or one hand and one foot, or is blind in both eyes, or is permanently bedridden or so helpless as to be in need of regular aid and attendance. 38 U.S.C. § 1114(l); 38 C.F.R. § 3.350. As directed by 38 C.F.R. § 3.352(a), the following criteria are to be considered for determining whether a claimant is in need of the regular aid and attendance of another person: (1) the inability of the claimant to dress himself or herself or to keep himself or herself ordinarily clean and presentable; (2) frequent need of adjustment of any special prosthetic or orthopedic appliance which, by reason of the particular disability, cannot be done without aid (not to include the adjustment of appliances which normal persons would be unable to adjust without aid, such as supports, belts, lacing at the back, etc.); (3) the inability of the claimant to feed himself or herself through the loss of coordination of the upper extremities or through extreme weakness; (4) the inability to attend to the wants of nature; or, (5) a physical or mental incapacity that requires care and assistance on a regular basis to protect the claimant from the hazards or dangers incident to his or her daily environment. It is not required that all of the disabling conditions enumerated be found to exist before a favorable rating may be made. The particular personal functions which the veteran is unable to perform should be considered in connection with his or her condition as a whole. It is only necessary that the evidence establish that the veteran is so helpless as to need regular aid and attendance, not that there be a constant need. Determinations that the veteran is so helpless, as to be in need of regular aid and attendance will not be based solely upon an opinion that the claimant's condition is such as would require him or her to be in bed. They must be based on the actual requirement of personal assistance from others. 38 C.F.R. § 3.352(a); Turco v. Brown, 9 Vet. App. 222, 224 (1996). Furthermore, the performance of the necessary aid and attendance service by a relative of the beneficiary or other member of his or her household will not prevent the granting of the additional allowance. 38 CFR § 3.352(c). The Board finds that special monthly compensation due to aid and attendance is warranted. The Veteran received a 100 percent rating since June 25, 2001. More recently, he was service connected for a neurocognitive disorder at 100 percent. See July 2020 rating decision. A January 2015 VA examiner opined that the Veteran clearly requires aid and attendance for his disabilities. This VA examiner noted that the Veteran’s wife must bathe and dress. She also must accompany him and maintain surveillance of him for his own safety. The Veteran cannot be left alone for any period of time. See January 2015 VA examination. This VA examiner also found the Veteran was not competent to handle his own financial affairs. In the February 2015 rating decision, the RO noted that the Veteran had these challenges due to his neurocognitive disorder.   Aid and attendance is warranted because the Veteran requires regular assistance because of a service-connected disability. STEVEN D. REISS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board K.Ijitimehin, 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.