Citation Nr: 21023571
Decision Date: 04/21/21	Archive Date: 04/21/21

DOCKET NO. 20-13 314
DATE: April 21, 2021

REMANDED

Entitlement to an effective date prior to February 23, 2018, for a temporary total evaluation due to back surgery requiring convalescence is remanded. 

Entitlement to an increased level of special monthly compensation from February 23,2018 to June 1, 2018, is remanded. 

Entitlement to an effective prior to February 23, 2018, for a grant of special monthly compensation based on housebound status is remanded.

REASONS FOR REMAND

The Veteran served on active duty from February 1967 to January 1971.

The Board previously remanded these issues in May 2020 as they were inextricably intertwined with the issue of entitlement to an increased rating for the Veteran’s lumbar spine disability, which was the subject of a separate appeal that was undergoing additional development.  The Board directed the agency of original jurisdiction (AOJ) to readjudicate these issues and issue a supplement statement of the case (SSOC) following final disposition of the low back disability issue.  Subsequently, after completing the additional development, the AOJ issued an SSOC in July 2020 with respect to the Veteran’s low back disability and returned that matter to the Board.  In September 2020, the Veteran withdrew his appeal of the issue seeking entitlement to an increased rating for his low back disability and the Board dismissed the issue in a November 2020 decision.  As such, the issue pertaining to an increased rating for the low back disability is no longer in appellate status; however, the AOJ failed to issue an SSOC readjudicating the issues currently on appeal as directed by the Board. Thus, unfortunately, this case must be returned to the AOJ in order to comply with the prior Board remand directives.  See Stegall v. West, 11 Vet. App. 268, 271 (1998) (a Board remand confers a right on a claimant to compliance with the remand order).

The matters are REMANDED for the following action:

Readjudicate the issues on appeal based on the entirety of the evidence.  If any benefit sought on appeal is not granted to the fullest extent, issue the Veteran a supplemental statement of the case and provide a reasonable opportunity to respond before the case is returned to the Board for further appellate review. 

 

 

L. M. BARNARD

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	J.N. Moats

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.