Citation Nr: 21026584 Decision Date: 05/03/21 Archive Date: 05/03/21 DOCKET NO. 19-09 416 DATE: May 3, 2021 REMANDED 1. Effective date for special monthly compensation (SMC) housebound. 2. Effective date for SMC based on the need for aid and attendance. 3. A higher SMC rate. 4. An initial rating in excess of 70 percent for adjustment disorder with depressed mood. REASONS FOR REMAND The Veteran served on active duty from October 1993 to December 1993. The case is on appeal from July 2018 rating decisions. In a January 2020 decision, the Board granted SMC housebound from May 9, 2018 to July 16, 2018 and SMC based on the need for aid and attendance since July 17, 2018 and found that increased rating claims for cervical spine and left elbow disabilities have been withdrawn. The Veteran appealed the decision to the United States Court of Appeals for Veterans Claims (Court). In January 2021, the Court issued a memorandum decision remanding the claims listed on the title page for further development. 1. Effective date for SMC housebound. 2. Effective date earlier for SMC based on the need for aid and attendance. 3. A higher SMC rate. The Veteran is seeking earlier effective dates and increased benefits for SMC. In a January 2020 decision, the Board found that the Veteran became entitled to SMC housebound effective May 9, 2018 due to qualifying for a total disability rating based on individual unemployability based on cervical spine and left elbow disabilities while also being independently rated in excess of 60 percent or more. The Board also found that the Veteran met the criteria for SMC based on the need for aid and attendance effective July 17, 2018. The January 2021 Court memorandum decision found that the Board erred in assigning effective dates for SMC housebound and SMC based on the need for aid and attendance in the first instance. See Brown v. West, 203 F.3d 1378, 1381 (Fed. Cir. 2000). The Court also found that the issues of entitlement to SMC under 38 U.S.C. § 1114(o), (r) were raised by the Veteran during the course of the appeal, but the Board failed to address whether entitlement is warranted. The Court set the assigned SMC ratings and remanded them for further development. The Board finds that a remand is necessary for the RO to assign of effective dates for SMC housebound and SMC based on the need for aid and attendance in the first instance. In addition, entitlement to a higher SMC rate is remanded as it is intertwined with the remanded effective dates for the assigned SMC ratings. 4. An initial rating in excess of 70 percent for adjustment disorder with depressed mood. In a July 2018 rating decision, the RO granted service connection for adjustment disorder with depressed mood and assigned an initial 70 percent rating. In August 2018, the Veteran filed an notice of disagreement (NOD) that disagreed with several specific issues and also stated that the Veteran disagrees with the issues decided in two July 2018 rating decisions. A statement of the case (SOC) has not been issued in regard to the adjustment disorder rating. The January 2020 Board decision did not address the adjustment disorder rating. In the January 2021 memorandum decision, the Court found that the August 2018 NOD indicated the Veteran's intent to disagree with the assigned rating and remanded the rating claim for further adjudication. Accordingly, the Board finds that remand of this claim for issuance of an SOC is necessary. See 38 C.F.R. § 20.904(c); Manlincon v. West, 12 Vet. App. 238, 240-41 (1999). These claims are REMANDED for the following actions: 1. Prepare an SOC in accordance with 38 C.F.R. § 19.26 regarding the issue of an initial rating in excess of 70 percent for adjustment disorder with depressed mood. This action is required unless the matters are resolved by granting the benefits sought by the Veteran in full or by the Veteran's withdrawal of the NOD. If, and only if, the Veteran files a timely substantive appeal should the issue be returned to the Board. 2. Assign appropriate effective date(s) for SMC housebound and SMC based on the need for aid and attendance granted by the January 2020 Board decision. 3. After issuing a rating decision assigning appropriate effective date(s) for SMC housebound and SMC based on the need for aid and attendance, adjudicate the claim of entitlement to a higher SMC rate, including determining whether SMC under 38 U.S.C. § 1114(o) and 38 U.S.C. § 1114(r) is warranted. After issuing a supplemental SOC for this claim, return the case to the Board. RYAN T. KESSEL Veterans Law Judge Board of Veterans' Appeals Attorney for the Board D. Jimerfield 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.