Citation Nr: 21027941
Decision Date: 05/07/21	Archive Date: 05/07/21

DOCKET NO. 18-47 942
DATE: May 7, 2021

REMANDED

Entitlement to special monthly pension (SMP) based on aid and attendance of another person or housebound status is remanded.

REASONS FOR REMAND

The Veteran served on active duty from March 1943 to September 1966. He died in August 2008.  The appellant is his surviving spouse.

This matter comes to the Board of Veterans' Appeals (Board) on appeal from a July 2018 rating decision by the Regional Office (RO) of the Department of Veterans Affairs (VA).

This matter was remanded in September 2019 and April 2020 for further development. Unfortunately, another remand is required before this matter can be adjudicated. 

Entitlement to SMP based on aid and attendance of another person or housebound status is remanded.

This case was previously before the Board in September 2019. In the September 2019 decision, a claim for death pension benefits was denied and a claim for special monthly pension based on aid and attendance of another person or housebound status was remanded for the RO to schedule the appellant for an examination to determine if determine whether she needs aid and attendance of another person or has housebound status. 

In October 2019, the RO sent the Veteran a letter asking her physician to conduct an examination and complete a VA Form 21-2680, Examination for Housebound Status of Permanent Need for Regular Aid and Attendance. In October 2019, the Veteran submitted a VA Form 21-2680 which was completed by her physician in March 2018 and was already of record, and submitted a written statement indicating that she did not live in an assisted living facility, but that she has a cleaning service, access to a nurse, and other assistance with household chores for which she pays $20 per hour. 

The claim was remanded again in April 2020 as a VA examination was not conducted after the September 2019 remand.  

Documents in the claims file indicate that a VA examination was scheduled, but in January 2021, an e-mail in claims file indicates that "the Veteran has requested that his exam with VES be cancelled, as he stated he no longer wishes to pursue his claim." The Veteran in this case is deceased and the appellant is female, so it is unclear why the January 2021 e-mail indicates that a male Veteran cancelled the VA examination. 

Furthermore, in February 2021, the appellant wrote a letter stating that she cancelled her VA examination because she believed that her claim had already been denied. 

As it is apparent from her February 2021 letter that the appellant thought that her claim had already been denied, the Board finds that good cause has been shown why she did not attend the VA examination, and that she should be afforded another opportunity to attend a VA examination. 

Finally, although the record contains a suggestion that the appellant may want to withdraw her claim, the appellant has not submitted her request in writing, identifying the name of the Veteran, name of the claimant, the VA file number, and a statement that the appeal is withdrawn as required by 38 C.F.R. § 20.205. Thus, her claim remains pending before the Board. If the appellant wishes to withdraw her claim, she should submit a request in writing which complies with 38 C.F.R. § 20.205.

The matters are REMANDED for the following action:

Schedule the appellant for an examination by an appropriate clinician to determine whether she needs aid and attendance or has housebound status.

 

 

J. B. FREEMAN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Boal, Associate 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.