Citation Nr: 21024280 Decision Date: 04/22/21 Archive Date: 04/22/21 DOCKET NO. 09-28 850 DATE: April 22, 2021 REMANDED Entitlement to special monthly compensation (SMC) based on aid and attendance and/or housebound status is remanded. REASONS FOR REMAND The Veteran served on active duty from August 1972 to December 1972, August 1973 to August 1976, August 1980 to May 1983, November 1990 to December 1991, and January 1992 to June 1993. In July 2015, the Veteran testified before the undersigned Veterans Law Judge (VLJ). A transcript of the hearing is of record. In May 2014 and November 2015, the Board remanded the claim for further development. In a May 2018 decision, the Board denied the Veteran’s claim for entitlement to SMC based on aid and attendance and/or housebound status. However, in May 2019, the United States Court of Appeals for Veterans Claims (Court) issued a Joint Motion for Remand (JMR) vacating the Board’s decision and remanding the claim for further development. In October 2019 and August 2020, the Board again remanded this claim for additional development. The Board finds that more development is necessary prior to final adjudication of the claim on appeal. As noted by the Board in its October 2019 remand, the May 2019 JMR determined that a March 2016 VA examination was inadequate because it failed to adequately address whether the Veteran’s service-connected disabilities rendered her so helpless as to be in the need of regular aid and attendance and the examiner failed to address whether the Veteran was permanently housebound as the result of her service-connected disabilities. The parties also agreed that a June 2016 VA examination provided insufficient rationale as the June 2016 VA examiner addressed each of the Veteran’s service-connected disabilities individually, provided the same statement for each of the service-connected disabilities, and then simply noted that each of its conclusions was based on a review of the evidence. As a result, the Board in October 2019 and August 2020, remanded this issue for a new VA examination to specifically address the deficiencies noted by the May 2019 JMR. The instructions specifically indicated that the examiner was to address whether the Veteran is permanently housebound as a result of her service-connected disabilities and to distinguish symptoms attributable to service-connected disabilities from those attributable to any other disability that is not service-connected. Pursuant to the August 2020 Board remand, the Veteran was afforded an examination in January 2021. The VA examiner, a nurse practitioner, noted that the Veteran needed assistance when washing her back but was able to feed herself, able to prepare her own meals, and did not need assistance in bathing and tending to other hygiene needs. She was not blind, did not require nursing home care, did not require medication management and was able to manage his own finances. The examiner also noted that the Veteran was able to perform self-care, ambulate or travel beyond the premises of home, or if hospitalized, beyond the ward of the clinic area. She was able to attend medical appointments but was unable to go grocery shopping and attend family gatherings. Her grocery shopping was due to lack of transportation and the inability to attend family gatherings was due to them triggering her posttraumatic stress disorder (PTSD). However, the January 2021 VA examiner did not specifically address whether the Veteran is permanently housebound as a result of her service-connected disabilities and also did not distinguish symptoms attributable to service-connected disabilities from those attributable to any other disability that is not service-connected as specifically instructed by the Board’s October 2019 and August 2020 remand instructions. Thus, this opinion also does not adequately address whether the Veteran is permanently housebound as a result of her service-connected disabilities. As a result, there has not been compliance with the Board’s October 2019 and August 2020 remand instructions. The United States Court of Appeals for Veterans Claims has held that a remand confers on the veteran, as a matter of law, the right to compliance with the remand orders. Stegall v. West, 11 Vet. App. 268, 271 (1998). Thus, this issue is once again being remanded to ensure compliance with the Board’s October 2019 and August 2020 remand directives in order to determine whether the Veteran is permanently housebound as a result of her service-connected disabilities. The matters are REMANDED for the following action: 1. The Veteran should be requested to provide the names, addresses and approximate dates of treatment of all medical care providers, VA and non-VA, who have treated her for the disabilities on appeal. After the Veteran has signed the appropriate releases, those records should be obtained and associated with the claims folder. 2. Return the claims file to the VA examiner that examined the Veteran in January 2021. If that examiner is not available, return the file to another examiner with the appropriate knowledge and expertise. If the new examiner feels that an actual physical examination is necessary, such examination should be scheduled. The examiner should opine as to whether the Veteran is permanently housebound as a result of her service-connected disabilities. In formulating the opinion, the examiner should, to the extent possible, distinguish symptoms attributable to service-connected disabilities from those attributable to any other disability that is not service-connected. If it is not medically possible to do so, the examiner(s) should clearly so state, and indicate that the findings pertain to overall disability. All opinions expressed by the examiner must be accompanied by a complete rationale. All studies deemed appropriate in the medical opinion of the examiner should be performed, and all the findings should be set forth in detail. The claims file should be made available to the examiner, who should review the entire claims folder. 3. Ensure that the examination report complies with this remand and answers the questions presented herein. If any report is insufficient, it should be returned to the examiner for necessary corrective action, as appropriate. See Stegall v. West, 11 Vet. App. 268 (1998). 4. After completion of the above and any additional development deemed necessary, the issue on appeal should be reviewed with consideration of all applicable laws and regulations. If any benefit sought remains denied, the Veteran should be furnished a supplemental statement of the case and be afforded the opportunity to respond. Thereafter, the case should be returned to the Board for appellate review, if in order. MICHAEL LANE Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board James A. DeFrank, 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.