Citation Nr: 21024690
Decision Date: 04/23/21	Archive Date: 04/23/21

DOCKET NO. 14-29 601
DATE: April 23, 2021

REMANDED

Entitlement to special monthly compensation (SMC) based aid and attendance is remanded.

REASONS FOR REMAND

The Veteran served on active duty from July 2006 to February 2009 in the United States Air Force. 

Entitlement to SMC based on aid and attendance.

The Board cannot make a fully-informed decision on the claim because no VA examiner has opined whether the Veteran’s service-connected disabilities, particularly her back, causes need for regular aid and attendance.

In the December 2020 remand, the Board specifically directed “all appropriate development to adjudicate the Veteran’s claim,” but only one attempt was made to provide the Veteran with a VA Form 21-2680 examination for housebound status or permanent need for regular aid and attendance.  While the Veteran did not return a completed VA Form 21-2680, there was no attempt to schedule her for a separate VA examination to obtain an opinion on the need for regular aid and attendance due to service-connected disabilities.

The Board finds that an examination is necessary to fully adjudicate the Veteran’s claim.  Furthermore, on remand, an additional attempt should be made to provide the Veteran with an additional VA Form 21-2680.

The matters are REMANDED for the following action:

1.  Provide the Veteran with a VA Form 21-2680 and inform her that failure to provide the necessary information could result in the denial of her claim.

2. After completion of the above, if the Veteran does not return the completed form, obtain a medical opinion from an appropriate clinician on whether the Veteran is in need of aid and attendance. Copies of all pertinent records must be made available to the examiner for review. If the examiner determines that an opinion cannot be provided without an examination, (or telehealth interview, review of the record, etc., if an in-person examination is not feasible) one should be scheduled.

After a review of the clinical evidence of record, the VA examiner should opine whether it is at least as likely as not (50 percent or greater probability) that the Veteran is in need of aid and attendance from another individual due to any of her service-connected disabilities. The examiner is asked to specifically address reports from the Veteran’s spouse that she requires daily assistance to get out of bed and dress due to her back pain.  A complete rationale must be provided for any opinions expressed.

 

M.E. Larkin

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	P.S. McLeod

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.