Citation Nr: 21027871 Decision Date: 05/07/21 Archive Date: 05/07/21 DOCKET NO. 13-05 623 DATE: May 7, 2021 ORDER Entitlement to special monthly compensation (SMC) at the housebound rate is granted. FINDINGS OF FACT 1. The Veteran's service-connected depressive disorder alone has precluded him from securing or following a substantially gainful occupation. 2. Separate from his service-connected depressive disorder, the Veteran has additional service-connected disabilities independently ratable at 60 percent or more disabling. CONCLUSION OF LAW The criteria for special monthly compensation benefits at the housebound rate, have been met. 38 U.S.C. §§ 1114(s), 5107 (2018); 38 C.F.R. §§ 3.102, 3.350 (2021). REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran served on active duty from April 1988 to April 2008. In a January 2015 statement, the Veteran requested a hearing before a Veterans Law Judge via videoconference. However, in March 2016, the Veteran withdrew his request for a Board hearing. Thus, the hearing request is deemed to be withdrawn. 38 C.F.R. § 20.704(d). In a July 2016 decision, the Board, in pertinent part, granted entitlement to a total disability evaluation based on individual unemployability (TDIU) from May 1, 2008 to May 4, 2009, and denied a claim for entitlement to SMC. In a March 2017 Order, pursuant to a Joint Motion for Partial Remand, the United States Court of Appeals for Veterans Claims (Court) vacated the July 2016 Board decision with regard to the denial of entitlement to SMC from May 4, 2009. The Veteran's claim was previously before the Board in August 2017 but was remanded for additional development. Specifically, the Veteran's claim was remanded to obtain additional medical records from VA and private treatment providers. The requested records have been obtained and associated with the claims file. Accordingly, the Board finds there has been substantial compliance with the remand instructions. See Stegall v. West, 11 Vet. App. 268, 271 (1998); see also D'Aries v. Peake, 22 Vet. App. 97, 105 (2008). The Board must determine the value of all evidence submitted, including lay and medical evidence. Buchanan v. Nicholson, 451 F.3d 1331 (Fed. Cir. 2006). The evaluation of evidence generally involves a three-step inquiry. First, the Board must determine whether the evidence comes from a "competent" source. The Board must then determine if the evidence is credible, or worthy of belief. Barr v. Nicholson, 21 Vet. App. 303, 308 (2007). The third step of this inquiry requires the Board to weigh the probative value of the evidence in light of the entirety of the record. 1. Entitlement to SMC at the housebound rate SMC at the housebound rate is payable where the Veteran has a single service-connected disability rated as 100 percent and (1) has additional service-connected disability or disabilities independently ratable at 60 percent, separate and distinct from the 100 percent service-connected disability and involving different anatomical segments or bodily systems, or (2) is permanently housebound by reason of service-connected disability or disabilities. 38 U.S.C. § 1114(s); 38 C.F.R. § 3.350(i). The Veteran does not contend, and the record does not reflect, that the Veteran is housebound in fact, implicating the second prong of the housebound criteria. Accordingly, the Board shall narrow its analysis to the statutory housebound criteria. Under those criteria, subsection 1114(s) requires that a disabled veteran whose disability level is determined by the ratings schedule must have at least one disability that is rated at 100 percent in order to qualify for the special monthly compensation provided by the statute. Under the law, subsection 1114(s) benefits are not available to a veteran whose 100 percent disability rating is based on multiple disabilities, none of which is rated at 100 percent disabling. Although a TDIU may satisfy the "rated as total" element of section 1114(s), a TDIU based on multiple underlying disabilities cannot satisfy the section 1114(s) requirement of "a service-connected disability" because that requirement must be met by a single disability. A TDIU based on a single disability alone, however, does not preclude the award of SMC benefits when the Veteran's remaining service-connected disabilities are collectively ratable at 60 percent or higher. See Buie, 24 Vet. App. at 250. The Veteran contends that his service-connected depressive disorder alone prevents him from being able to obtain or follow substantially gainful employment. Additionally, the Veteran has numerous other service-connected disabilities that separate and alone from his depressive disorder are ratable at 60 percent or more disabling. Thus, the Veteran seeks entitlement to SMC at the housebound rate in accordance with the above-discussed theory of entitlement that a TDIU based on a single disability can satisfy the "rated as total" element of section 1114(s). At present, the Veteran has been assigned a 70 percent disability rating for depressive disorder, indicating occupational and social impairment, with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood. 38 C.F.R. § 4.130, Diagnostic Code 9435. In a July 2016 VA mental disorders examination, the Veteran demonstrated symptoms of depressed mood, anxiety, disturbances of mood and motivation, and suicidal ideation. At examination, the Veteran reported a suicide attempt occurring just five months prior. A September 2011 psychiatric evaluation noted a recent suicidal attempt. The evaluation also noted: The condition has varied with the magnitude of medical problems which have responded poorly to treatment. It is noted that he had complete social and occupational impairment. He had inefficient thought processes. He represented a potential danger to himself by virtue of sporadic suicidal ideation severe enough for attempts at self-harm. He had trouble starting and finishing simple self-care and household tasks. There was evidence of poor personal hygiene. He was forgetful of facts and events. He was socially withdrawn spending most of his time at home and with his social interactions limited to medical providers and his wife... ... as it is my opinion that within a high degree of medical certainty that the veteran has been unable to secure or follow a substantially gainful occupation as a result of his service-connected mood disorder... A January 2016 mental health suicide behavior report states that the Veteran attempted suicide in February 2015. Based on the medical evidence of record, and affording the Veteran the full benefit of the doubt, the Board finds that the Veteran's depressive disorder manifested in symptoms including suicidal ideation, and significant occupation and social impairment. The Veteran's depressive disorder, separate and apart from his other service-connected disabilities, preclude him from being able to secure or follow substantially gainful employment. Thus, the Veteran has one service-connected disability (depressive disorder) that independently warrants a TDIU, satisfying the requirement for a single service-connected disability rated at 100 percent. See Buie, 24 Vet. App. at 250. Additionally, the Veteran also has sufficient additional disabilities separate and distinct from his depressive disorder that are independently ratable at a combined 60 percent or greater. As a result, SMC benefits under 38 U.S.C. § 1114(s) are warranted. D. Martz Ames Veterans Law Judge Board of Veterans' Appeals Attorney for the Board B. Riordan, 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.