Citation Nr: 21023814 Decision Date: 04/21/21 Archive Date: 04/21/21 DOCKET NO. 14-37 595 DATE: April 21, 2021 REMANDED Entitlement to special monthly compensation based on aid and attendance is remanded. REASONS FOR REMAND Although the Board regrets the additional delay, a remand is necessary to ensure that due process is followed and that there is a complete record upon which to decide the Veteran’s claim so that he is afforded every possible consideration. See 38 U.S.C. § 5103A; 38 C.F.R. § 3.159. The Veteran had active military service from May 1975 to October 1983. The Veteran appeared at a May 2018 hearing before another Veterans Law Judge that is no longer employed by the Board. A transcript of the hearing is associated with the record. In March 2021, a letter was sent to the Veteran asking if he wished to have another optional Board hearing by another Veterans Law Judge. In April 2021, the Veteran responded that he did not wish to appear at another Board hearing and to consider his case on the evidence of record. Therefore, the Board will proceed with adjudicating this matter. Entitlement to special monthly compensation (SMC) based on aid and attendance is remanded. This matter was previously before the Board in August 2020 and was remanded for further development. Specifically, at that time, the Board found that the issue of entitlement to SMC based on the need for aid and attendance was reasonably raised by the record. This determination was based on testimony given by the Veteran’s spouse at his May 2018 Board hearing. Therefore, the Board remanded this matter for adjudication by the Agency of Original Jurisdiction (AOJ) in the first instance. Subsequently, in October 2020, the AOJ issued a decision denying entitlement to SMC based on the need for aid and attendance. However, the Board finds that a remand is warranted for the Veteran to undergo a VA aid and attendance examination to determine whether or not the Veteran meets the criteria for this benefit. The matters are REMANDED for the following action: 1. Schedule the Veteran for a VA examination to determine whether the Veteran requires aid and attendance as a result of his service-connected disabilities. The claims folder must be made available to and be reviewed by the examiner in conjunction with the examination. All tests deemed necessary should be conducted and the results reported in detail. The examiner should particularly address whether: (a) the Veteran’s service-connected disabilities render him unable to perform the following activities: dress, undress, keep ordinarily clean and presentable, feed oneself through loss of coordination of the upper extremities or through extreme weakness, requires frequent adjustment of a special prosthetic or orthopedic appliance, or is otherwise unable to attend to the wants and needs of nature, including being incapable due to either physical or mental incapacity to protect himself against the hazards and dangers incident in his daily environment; or, (b) the Veteran is bedridden as a result of his service-connected disabilities. In so discussing the above, the examiner must consider the Veteran’s spouse’s testimony from the Veteran’s May 2018 Board hearing that the Veteran requires her assistance to bathe and dress on a regular basis due to his back pain. 2. Following completion of the above, and a review of any additional evidence received, the RO should also undertake any other development it deems to be necessary, to include, if warranted, an addendum medical opinion which considers any newly received evidence. MICHAEL MARTIN Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board S. Mountford, 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.